News

JULY 27, 2021 The ATF’s Acting Assistant Director for Field Operations issued a memorandum on July 14, 2021 directing the ATF to seek to revoke an FFL for situations that previously would not have likely justified revocation.  The subject of the memorandum is “Implementation of the Administration’s Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safe...

July 16, 2021 In a 2-1 decision dated July 13, 2021, the Fourth Circuit struck down certain provisions of the Gun Control Act (“GCA”) as a violation of the Second Amendment.  At issue in Hirschfeld v. ATF were the federal statutes that prohibit licensed dealers from selling handguns and handgun ammunition to 18-, 19-, and 20-year-olds.  It has long been the law that persons...

On July 6, 2021, Governor Cuomo signed Senate Bill 7196 (which is a revised version of Senate Bill 1048A) into law.  The express purpose of SB7196 is to bypass the immunity provided to members of the firearms industry by the Protection of Lawful Commerce in Arms Act (“PLCAA”).  It does so by creating a broad statute applicable to the sale and marketing of firearms, that can be argued to satisfy t...

June 24, 2021 In a national address on Wednesday, President Biden and Attorney General Merrick Garland revealed the Administration’s plan to address the rising level of violent crime across the country by specifically targeting firearm dealers. They will be implementing a “zero tolerance” policy with respect to alleged “rogue gun dealers” who fail to abide by relevant federal laws that are enf...

June 5, 2021 On May 18, 2021, seven Democratic members of the House of Representatives introduced H.R. 3299, the Protecting Our Communities Act.  The text of H.R. 3299 is not yet available and its official name is currently “To help reduce gun violence through background checks and the National Firearms Act and for other purposes.”  Based on statements provided by one of its sponsors...

June 5, 2021 On May 27, 2021, the Texas legislature passed H.B. 1927, the Firearm Carry Act of 2021.  H.B. 1927 would allow persons who are at least twenty-one years old, are not prohibited by federal or state law from possessing firearms, and are not intoxicated, to carry a handgun concealed or openly (in a holster) without the need for a license.  There are various specified locations at whi...

May 27, 2021 Shortly after the COVD-19 pandemic took hold in the spring of 2020, State Governors began to impose sweeping Executive Orders with the stated purpose of combating infections and “flattening the curve.” On March 17, 2020, Connecticut Governor Ned Lamont issued Executive Order 7E which suspended Conn. Gen. Stat. § 29-17c, a law that requires state and local law enforcement to collec...

May 22, 2021 ATF Officially Publishes its Proposed Changes to Alter the Federal Definition of a “Firearm” On May 21, 2021, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (“ATF”) published its official proposal to amend the federal definition of a “firearm,” and implement other corresponding changes.  RLF previously reported that the new proposal is designed to enable the federa...

May 22, 2021 On May 21, 2021, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (“ATF”) published its official proposal to amend the federal definition of a “firearm,” and implement other corresponding changes.  RLF previously reported that the new proposal is designed to enable the federal government to regulate and control the production of so-called “ghost guns.” If enacted, th...

April 22, 2021 The Bureau of Alcohol, Tobacco, Firearms and Explosives’ plan to regulate “ghost guns” is starting to take shape. A 107-page internal document was leaked yesterday which included a number of proposals specifically targeted at manufacturers and sellers of 80% receivers and component parts, often referred to as “ghost guns.” These proposals surfaced two weeks after the Biden Admin...

April 23, 2021 The Bureau of Alcohol, Tobacco, Firearms and Explosives’ plan to regulate “ghost guns” is starting to take shape. A 107-page internal document was leaked yesterday which included a number of proposals specifically targeted at manufacturers and sellers of 80% receivers and component parts, often referred to as “ghost guns.” These proposals surfaced two weeks after the Biden Admin...

April 15, 2021 The California Consumer Protection Act (CCPA), which went into effect on January 1, 2020, permits private citizens to sue companies for failing to adequately protect their personal information in addition to imposing regulatory fines connected to the rights of California residents under the CCPA (read more about the CCPA here and here).  As expected, this has lead to dozens...

April 4, 2021 After a series of set-backs endured by bump stock owners and gun rights organizations around the country, on March 25, 2021, the U.S. Court of Appeals for the Sixth Circuit in the case of Gun Owners of America, Inc. v. Garland, held that bump stocks cannot be classified as “machineguns” as defined by the National Firearms Act, 26 U.S.C. § 5845(b).  As you may recall, bump stocks ...

March 26, 2021 This week an en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued a 7-4 decision holding that states may regulate and restrict the public carry of firearms. This decision reversed a prior holding of the same court that had struck down as unconstitutional a Hawaii County statute that effectively limited the issuance of carry permits to security guards only. In ...

January 8, 2021 On January 4, 2021, the opening day of the 117th Congress, North Carolina Representative Richard Hudson introduced H.R. 38, the Concealed Carry Reciprocity Act (“CCRA”). This bill would allow a qualified individual to carry a concealed firearm in another state that allows individuals to carry concealed firearms. In order to be considered a “qualified individual,” one must be el...

December 31, 2020 As Renzulli Law Firm reported, New York State Rifle & Pistol Association (NYSRPA) previously challenged New York City’s restriction on traveling with firearms outside of New York City. Although the Supreme Court accepted the case for review, New York City removed its restrictions before the case was heard by the Court. The Court ultimately declined to decide the Second Am...

December 23, 2020 With the Holidays upon us, the tradition of last minute, frenzied gift buying is in full swing. For sport shooters, hunters, and collectors what could be better than receiving a brand new firearm or a family heirloom that is being passed down to a younger generation? Despite our good intentions, there are legal considerations and potential pitfalls to be aware of when gifting...

December 18, 2020 The ATF is expected to publish a notice in the Federal Register today regarding “Objective Factors for Classifying Weapons with ‘Stabilizing Braces.’”.  This notice suggests that the ATF is changing its interpretation of firearms with stabilizing braces and will treat the majority of them as short-barreled rifles that are subject to the National Firearms Act (“...

December 14, 2020 While President Trump’s legal challenges to the election results continue, it becomes more apparent every day that on January 20, 2021, Joseph R. Biden Jr. will be sworn in as the 46th President of the United States.  What does a Biden administration mean for the firearms industry?Biden’s team released an extensive plan to “End Gun Violence.”  Major components of th...

November 11, 2020 Democratic members of Congress have introduced the Stopping the Fraudulent Sales of Firearms Act (S. 4718/HR __) to make it easier for plaintiffs to plead around the immunity provided by the Protection of Lawful Commerce in Arms Act (“PLCAA”).  The Stopping the Fraudulent Sales of Firearms Act is an effort to provide a federal law that would allow plaintiffs th...

November 9, 2020 California voters cast their ballots for more than elected officials on Election Night.  In a ballot initiative titled Proposition 24, Californians voted “yes” to strengthen existing data privacy laws with the implementation of the California Privacy Rights Act (CPRA).  The CPRA is intended to strengthen the existing California Consumer Privacy Act (CCPA), which was ...

October 31, 2020 Michigan Court of Claims Judge Christopher Murray recently issued a preliminary injunction against Michigan Secretary of State Jocelyn Benson’s directive banning the open carry of firearms at polling places on Election Day.  Secretary of State Benson, also acting as the state’s chief elections officer, issued the directive banning open carry at polling places on October 1...

October 23, 2020 On October 16, 2020 the Supreme Court of Pennsylvania issued an Order declining to review the appeal in a lawsuit by a customer against a Pennsylvania firearms retailer for slander and for allegedly failing to adequately supervise and control its employees during an altercation with  a customer. This ruling brings finality to this matter and highlights the value of common...

October 6, 2020 The Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) recently released two updated Procedure documents, Procedures 2020-1 and 2020-2, which supersede the ATF’s previous guidance regarding the sale and transfer of firearms by FFLs to purchasers off of the FFL’s business premises and an FFL’s facilitation of firearms transfers between private parties. These procedures ...

October 6, 2020 Numerous persons who were shot during the October 1, 2017 shooting at the Route 91 Harvest Music Festival in Las Vegas, families of persons who were killed, and others claiming non-physical injuries, previously filed lawsuits against MGM in Nevada state court.  Those cases were consolidated into a single action, captioned Shepherd v. MGM, on September 9.  A settl...

September 11, 2020 A Democratic member of the New York Senate recently introduced S-8926A, which would add a new provision to the General Business Law (proposed Article 39-DDDD), that aims to make it easier to file lawsuits against federal firearms licensees (“FFLs”).  The proposed law seeks to circumvent the immunity provided to FFLs by the Protection of Lawful Commerce in Arms Act (“PLCAA”) ...

September 4, 2020 The California Office of Administrative Law (OAL) approved the final proposed regulations for compliance with the California Consumer Protection Act (CCPA).   Enforcement of the first robust data privacy law in the nation commenced on July 1, 2020.  The CCPA was enacted in 2018 and established consumer rights to access to, deletion and sharing of personal information ...

On August 26, 2020, the cities of Syracuse, San Jose, Chicago, and Columbia (SC), and the gun control group Everytown for Gun Safety, sued the ATF in the U.S. District Court for the Southern District of New York seeking to require it to change the definition of a firearm to apply to “ghost guns.” A firearm is defined by the Gun Control Act (“GCA”) to include the “frame or receiver” of any we...

August 20, 2020 Last week, Richmond Mayor Levar Stoney introduced an ordinance that would expand the city’s current ban on carrying firearms in city-owned and operated parks and facilities.The new ordinance would “prohibit the possession, carrying or transportation of any firearms in any public street, road, alley, sidewalk, public right-of-way or any open public space when it is being used by...

August 20,2020 The National Rifle Association is generally cast as either a hero or a villain in political debates.  Now the organization is fighting for its existence against what many are calling a purely political maneuver by New York Attorney General Letitia James. The NRA, however, is far more than a collection of political action committees and does far more than raise donations for p...

On July 31, 2020, California Bill AB 2847, which revises the criteria for handguns to be certified for sale in California by requiring microstamping in one place on a discharged cartridge, was passed by California’s Senate Public Safety Committee. AB 2847 was proposed following litigation surrounding California’s adoption of Cal. Penal Code § 31910 (b)(7)(A) regarding “unsafe handguns,” which req...

August 10, 2020 Jose Webster Untraceable Firearms Act.  The New York State Senate recently passed the Jose Webster Untraceable Firearms Act, a proposed law that would prohibit the sale of “ghost guns” in New York.  “Ghost Guns” are firearms that are referred to as “untraceable” because they lack serial numbers and are often built from plastics or other materials, and in many cases ha...

July 24, 2020 On March 30, 2020 a firearms retailer based in Long Island, New York, Dark Storm Industries LLC, filed a lawsuit in the United States District Court for the Northern District of New York naming New York Governor Andrew Cuomo and the Empire State Development Corporation (“ESD”) as defendants. The lawsuit alleged that Governor Cuomo’s Executive Order No. 202.6, issued in response t...

July 24, 2020 Earlier this month, the Directorate of Defense Trade Controls (“DDTC”), an organization within the Department of State responsible for regulating the import and export of certain defense technology, published a web notice updating its suppressor policy. The notice stated that effective immediately the Department of State has rescinded its April 18, 2020 firearms suppressor policy...

June 26, 2020 The Illinois Firearms Dealers License Certification Act was enacted on January 17, 2019.  It required the Illinois State Police (“ISP”) to adopt regulations governing the security measures required to be adopted by all federally licensed firearms dealers that operate retail stores in Illinois.  The permanent regulations adopted by the ISP were approved on June...

On June 4, 2020, the Florida Supreme Court rejected as misleading the proposed citizen backed initiative that would have asked Florida citizens to vote in 2022 on whether to amend the Florida Constitution to include an explicit “assault weapon” ban.  Under Florida law, citizens may propose an amendment or revision to any portion(s) of the Florida Constitution by filing a petition with the Se...

Enforcement of the first robust data privacy law in the nation will commence on July 1, 2020.  The California Consumer Protection Act (CCPA) was enacted in 2018 and established consumer rights to access to, deletion and sharing of personal information that is collected by businesses.  Read more about the CCPA in RLF’s newsletter “Is Your Company Ready for the California Consumer Pr...

May 29, 2020 Gun sales and the number of instant background checks performed have soared since the COVID-19 lockdown began two months ago.  Due to the rising number of background checks, they have often lagged to the point that “instant” does not always apply.  A group of Republican senators wrote to FBI Director Christopher Ray, proposing ways that the National Instant Criminal Back...

May 22, 2020 In Maryland, as the legislature attempted to criminalize private transfers of long guns, Governor Hogan stood up for gun rights and vetoed the legislation. The bill would have required a Federal Firearms Licensee to facilitate the transfer, with associated fees, and a NICS background check of the transferee before privately selling, renting, loaning or transferring a rif...

May 15, 2020 Hunters and anglers across the country have seen major changes in the wake of the COVID-19 pandemic. Not only have many public places been shut down, but the offices issuing permits have been closed in response to the stay-at-home orders issued in various states. This comes at a time when access to firearms and ammunition is inconsistent from state-to-state (as we’ve been reportin...

May 15, 2020 In New Jersey, following a number of lawsuits seeking the reopening of firearm retailers and Governor Murphy’s subsequent decision to add them to the essential services list, shooting ranges have filed a lawsuit in New Jersey this week over their right to reopen to the public. Owners and operators of shooting ranges are seeing tennis courts and golf courses across the st...

May 4, 2020 Approximately two weeks after Canada’s deadliest mass shooting in its history, Prime Minister Justin Trudeau declared a ban on “military style assault weapons.”  The shooting occurred over a span of two days in April when a lone gunman murdered 22 people in Nova Scotia, Canada.  The shooter did not have a firearms license and used semi-automatic rifles believed to have be...

On April 23, 2020, a federal judge in California held that Proposition 63, which requires background checks to purchase ammunition, violates the Second Amendment.  “The experiment has been tried.  The casualties have been counted.  California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured,” remark...

April 13, 2020 As we reported in our 3/23/20 newsletter, the NSSF lobbied the White House and the Department of Homeland Security to change its designation of firearms retailers from “non-essential” to “essential.” Although the NSSF was successful, the Department of Homeland Security’s decision effectively gave states the option to close down firearms retailers:  “[t]his list [of essentia...

On March 11, 2020, the Supreme Court of the State of New York Appellate Division, Second Department denied an appeal filed by a New York State Municipality against a private Land Developer.  The appeal was successfully opposed by Renzulli Law Firm.  The case arises from two fuel oil spills that occurred in 2008.  The Municipality sold a large plot of land to the Land Developer in 1...

March 20, 2020 An Illinois appellate court upheld an ordinance that imposes a firearms and ammunition tax. The court found that while the tax increases the cost of firearms and ammunition, it does not infringe on the ownership of firearms.  Citing the landmark Supreme Court case District of Columbia v. Heller, the court held that the taxes are at most a “marginal, incremental or even appreciab...

Legislators in Maryland have recently introduced three house bills designed to regulate various aspects of the firearms industry. Here is the Renzulli Run Down of what you need to know:House Bill 1257 is a proposed amendment to the Firearms Dealers’ Safety Act in Maryland. The Act requires licensed dealers to keep records of all firearms acquisitions and dispositions.  House Bill 1257 would impos...

Although all previous attempts have failed, Democratic members of the Senate and House of Representatives have once again introduced legislation to repeal the Protection of Lawful Commerce in Arms Act (“PLCAA”) and aspects of the Tiahrt Amendment.  Introduced on June 11, 2019, the “Equal Access to Justice for Victims of Gun Violence Act” comprises just two pages and, if...

This month, New Jersey Governor Phil Murphy signed into law a broad ban on so-called “Ghost Guns” (which we have covered previously).  In a press release he stated:   “Ghost guns can be created by anyone with a computer and access to a 3D printer, giving the public at large the ability to build their own unregistered, unsafe, and untraceable firearm. Now, thanks to the Legislative sponsors who w...

The National Rifle Association (NRA) is taking on New York Governor Cuomo and other high-ranking government officials in New York.  In a lawsuit filed in the United States District Court for the Northern District of New York, the NRA accuses Cuomo and other officials of pressuring private companies, both publicly and behind closed doors, to dissolve their relationships with or otherwise distance t...

As expected, New Jersey Governor Phil Murphy has signed six stringent “gun control” bills into law. We brought these measures to your attention in our “Renzulli Run Down” earlier this week. Here is what you need to know about the new laws: Bill No. A-1181 mandates the seizure of firearms owned by individuals if a mental health professional determines they pose a threat to themselves or othe...

New Jersey Governor Phil Murphy is expected to sign six new “gun control” laws this week, which Governor Murphy touts are “sweeping gun safety legislation” that will be some of the “toughest gun laws” in the nation. Here is the “Renzulli Run Down” of what you need to know:  Bill No. A1181 mandates the seizure of firearms owned by individuals if a mental health professional determines they p...

Five employees of Sig Sauer GmbH have been indicted by the public prosecutor in Kiel, Germany and charged with violating the German Foreign Trade Act.  The indictment stems from allegations that Sig Sauer GmbH illegally exported approximately 36,000 pistols to the Colombian National Police during the period from 2009 to 2012.  During that time, Colombia was involved in a civil war with the Revolut...

Ten Florida municipalities and their elected officials filed a lawsuit in Florida on Monday challenging a Florida state law that imposes penalties on municipalities and their officials when they are found to knowingly and willfully impinge on the State Legislature’s exclusive jurisdiction over firearm and ammunition regulation. The plaintiffs assert that in light of the recent mass shootings, ...

In an unfortunately predictable decision given New York's aggressive gun-control measures, New York’s Appellate Division, First Department, rejected constitutional challenges to New York’s legal requirements for obtaining a license to carry a concealed firearm. Jonathan Corbett brought several constitutional challenges relating to the licensing requirements in New York. His initial claim was filed...

Senate Bill 2521, a bill to authorize the issuance of extreme risk protection orders, has gained another Republican co-sponsor, Senator Collins (R-ME), as of March 23, 2018. The bill, originally introduced on March 8, 2018 by Senators Blumenthal (D-CT) and Graham (R-SC), is similar in scope and effect to the Florida ‘red flag’ bill which we have previously discussed in our newsletter. Here is the ...

DOJ has finally released a notice of proposed rulemaking (“Notice”) that would effectively ban “bump stocks,” “slide-fire” devices, “and devices with certain similar characteristics.” As originally announced, DOJ intends to clarify that all bump stock devices are “machineguns” under the Gun Control Act (“GCA”) and National Firearms Act (“NFA”). The Notice contends in large part that the “single fu...

Florida Governor Rick Scott signed SB 7026 into law on Friday.  Among other things, SB 7026 raised the minimum age to buy a rifle or shotgun from 18 to 21, effective immediately.  The new provision is Fla. Stat. § 790.065(13), which provides that: “A person younger than 21 years of age may not purchase a firearm. The sale or transfer of a firearm to a person younger than 21 years of age may not b...

The U.S. Department of Justice (DOJ) has submitted to the Office of Management and Budget (OMB) a notice of proposed regulation relating to “bump stock” devices.  The DOJ has identified the following objectives and goals in filing the notice: Clarify that the definition of “machinegun” in the National Firearms Act (NFA) and Gun Control Act (GCA) includes bump stock type devices; and          ...

Florida Governor Rick Scott signed SB 7026 into law today.  As discussed in our previous post, SB 7026 changes Florida law relevant to the sale of firearms in the following manner: The minimum age to purchase rifles and shotguns in Florida has been increased from 18 to 21. There will be a three-day waiting period on the purchase of any firearm, with exceptions for law enforcement officer...

Two more state legislatures, the Illinois House of Representatives and the Ohio Senate, will be weighing new proposed firearm control measures, proving that the uptick in knee-jerk, rushed legislation following the Parkland tragedy continues. The Illinois bill has passed the state House of Representatives. The bill makes it illegal for persons under the age of 21 to possess or purchase high-capac...

The Governors of New York, New Jersey, Connecticut, and Rhode Island have announced their formation of a new “States for Gun Safety” coalition.  Through the Coalition, the four states plan to openly share information of persons prohibited from possessing firearms pursuant to their respective state laws using a centralized database.  In addition, they intend to share details with each other about h...

H.R. 38, entitled the “Concealed Carry Reciprocity Act of 2017” (CCRA) has been passed by the U.S. House of Representatives.  As we have previously reported, the bill allows any person who is carrying a valid government-issued identification document and is either: (1) also carrying a valid license or permit issued by any state that permits carrying a concealed firearm; or (2) is entitled to carry...

The “Fix NICS Act of 2017,” Senate Bill 2135 and House Bill 4434, which was introduced this month with bi-partisan support, is supported by both the NRA and the NSSF. The Fix NICS Act of 2017 is an important piece of legislation for the Industry.  It will improve the records available to NICS and therefore the accuracy of background checks to determine if a prospective purchaser is prohibited from...