While some states have pushed legislation designed to evade federal law to hold firearms manufacturers and sellers liable for rising violent crime perpetrated by third parties, Tennessee has taken steps to bolster protection for the firearms industry against such lawsuits. Governor Bill Lee recently signed TN Senate Bill 0822 into law which is similar to the Protection of Lawful Commerc...
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Congressional Democrats Explore New Way to Implement Gun Control
May 12, 2023 - Last week, Democratic Senators Cory Booker and Elizabeth Warren joined Democratic representative Robin Kelly and introduced the “Firearm Safety Act of 2023.” The Bill is deceptively short, with a mere eleven lines of text, but could have far reaching consequences for the firearms industry. If enacted, this Bill would remove the firearms exemption from the laws ...
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Illinois District Court Grants Preliminary Injunction Prohibiting Enforcement of the Illinois Assault Weapons Ban
April 29, 2023 - A federal judge in the US District Court for the Southern District of Illinois issued an Order granting plaintiffs’ consolidated motions for preliminary injunction prohibiting statewide enforcement of the Illinois assault weapons ban, the Protect Illinois Communities Act (“PICA”), until there can be a final determination of the merits as to the law’s constitutionality. The Order ...
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Washington Bans Sale of “Assault Weapons,” while Similar Bill in Colorado Fails
April 28, 2023 - This week, Washington became the tenth state to pass legislation broadly restricting the sale, manufacture, and transfer of “assault weapons.” Washington now joins California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, and New York, as well as the District of Columbia, as jurisdictions with “assault weapons” bans. This follows Washington’s recen...
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Washington State Legislature Passes Bill In An Effort to Expose the Firearms Industry to Unprecedented Liability
On April 14, 2023, the State of Washington’s legislature passed Substitute Senate Bill 5078 (“SB 5078”). This bill is expected to be signed into law by Governor Jay Inslee. The new law is designed to avoid the application of a federal law, which prohibits lawsuits against firearms industry members when their legally sold products are used by criminals to injure or kill others. Washington State’s ...
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RLF’s Strategic Pre-Answer Motion to Dismiss Compels Plaintiff to Drop Lawsuit Against Firearm Manufacturer
April 13, 2023 - Renzulli Law Firm successfully convinced a plaintiff to dismiss her product liability case alleging various design and manufacturing defects against a U.S. based firearm manufacturer. Following several procedural and substantive missteps by the plaintiff, RLF responded to the lawsuit by filing a comprehensive motion to dismiss which laid out the fatal errors in the case. In parti...
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RENZULLI LAW FIRM PREVAILS IN PRODUCTS LIABILITY CASE ALLEGING DROP-FIRE DISCHARGE

April 3, 2023 - Renzulli Law Firm secured a complete dismissal of a product liability case on behalf of a U.S. based firearm manufacturer through a motion for summary judgment. Plaintiffs alleged that the subject pistol contained a design defect, and that defect resulted in the pistol discharging after the owner dropped it. RLF proved that the design of the pistol met all industry standards wit...
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Texas Federal Judge Rejects Preliminary Injunction Against ATF Pistol Brace Rule
On March 30, United States District Judge Reed O’Connor denied plaintiffs’ request for a preliminary injunction preventing the ATF from enforcing its recent rule effectively banning pistol braces. The case, William T. Mock, et al. v. Merrick Garland et al., is pending in the Northern District of Texas and was brought by the Firearms Policy Coalition and Maxim Defense in the wave of legal challen...
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Federal District Court Rejects California’s “Unsafe Handgun Act” as Unconstitutional
March 20, 2023 - The U.S. District Court for the Central District of California has issued an order enjoining the State of California from enforcing its so-called “Unsafe Handgun Act” on the ground that it violates the Second Amendment under New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111, 2126 (2022). The Unsafe Handgun Act, codified at Cal. Penal Code §§ 31910, 320...
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Michigan Legislature Moves Closer to Passing New Firearm Restrictions and Removing State Immunity Protection
March 15, 2023 - In Michigan, the Democrat-controlled Legislature is set to pass a series of firearm related bills aimed at imposing additional restrictions on law-abiding firearm owners. Multiple Bills were recently introduced to the Senate, and a vote is imminent. If passed, these Bills would impose sweeping changes to firearm laws in Michigan, including expanding background check requirements,...
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Eleventh Circuit Court Upholds Florida Law Prohibiting Firearm Purchases by Persons Under 21
March 9, 2023 - Today a three judge panel of the U.S. Court of Appels for the Eleventh Circuit issued a decision that Florida’s Marjory Stoneman Douglas High School Public Safety Act (the “Act”) is constitutional. The Act precludes those under 21 from buying firearms while allowing that age group to freely possess and use firearms of any legal type. See 2018 Fla. Laws 10, 18–19 (codified at Fla. ...
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Illinois Federal Court Holds that “Assault Weapons” and “Large Capacity” Magazines are Not Protected by the Second Amendment
March 6, 2023 - A federal judge in Illinois recently issued a decision in the case of Bevis v. City of Naperville, Illinois holding that the Second Amendment does not apply to “assault weapons” and “large capacity” magazines because they are dangerous weapons that have historically been subject to bans. The City of Naperville, Illinois recently issued a ban on “assault we...
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ATF’s New Stabilizing Brace Rule Challenged by 26 States and the Firearms Industry
February 10, 2023 - Two significant lawsuits were filed yesterday seeking to block enforcement of the ATF’s recently enacted Final Rule on Factoring Criteria for Firearms With Attached “Stabilizing Braces” (“Final Rule”). As we have reported, under the Final Rule, almost all pistols with a barrel length of less than sixteen inches that are equipped with a stabilizing brace are considered a short-...
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The Impact of Bruen on Recent Second Amendment Decisions
In September 2022, we reported about the domino effect of the Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, as federal courts began issuing opinions applying this historic precedent. The Supreme Court in Bruen held that the “Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside...
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ATF Publishes Final Rule on Stabilizing Braces
January 31, 2023 - ATF published the final stabilizing brace rule in the federal register. As we reported earlier this month, under this rule, any pistol with a barrel length of less than sixteen inches that is equipped with a stabilizing brace is considered a short-barreled rifle (SBR) and subject to the heightened ownership and transfer restrictions in the National Firearms Act, including regis...
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Lawsuits Filed Challenging Illinois HB 5471 Result in Temporary Restraining Order
On January 10, 2023, Illinois enacted HB 5471, the Protect Illinois Communities Act, which was effective immediately. HB 5471 contains three primary provisions: (1) a ban on "assault weapons"; (2) a ban on .50 BMG rifles and ammunition; and (3) a ban on "large capacity" magazines. HB 5471 was initially introduced on January 31, 2022, solely as a bill to amend Illinois’ Insurance Code, without an...
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ATF Issues Final Rule Regarding Stabilizing Braces for Pistols
January 13, 2023 - Just in time for SHOT Show, U.S. Attorney General Merrick Garland signed Final Rule 2021R-08F to reclassify pistols with stabilizing braces as short-barreled rifles.Under this rule, any pistol with a barrel length of less than sixteen inches that is equipped with a stabilizing brace that allows it to be fired from the shoulder is now considered to be a short-barreled rifle and ...
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ATF Issues Open Letter Concerning Impact of Rule 2021-05F on Partially Complete Pistol Frames
December 29, 2022 - The ATF’s definition of “firearm” was drastically changed with the enactment of Final Rule 2021-05F in August of 2022. In particular, this Rule added a new definition for a “[p]artially complete, disassembled, or nonfunctional frame or receiver,” which includes, among other things, “a frame or receiver parts kit, that is designed to or may readily be completed, assembled, rest...
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Buffalo and Rochester, New York File Lawsuits Against the Firearm Industry
On December 20, 2022, the City of Buffalo, New York filed a complaint against numerous manufacturers, distributors, and retailers of firearms, as well as various manufacturers and sellers of 80% receivers, or so-called “ghost guns.” On December 21, 2022, the City of Rochester filed an almost identical complaint against the same defendants. Both complaints raise four causes of action: (1) violat...
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Supreme Court Decision Could Create New Ammunition for Firearm Brands to Fight Infringement
December 19, 2022 - There are countless examples of apparel, accessories, and other merchandise that unlawfully use the trademarks, logos, and brands of firearms manufacturers popular within the industry. Trademarks are powerful tools for consumer and brand protection, but trademark rights do not trump the First Amendment. When an individual uses another’s trademark in an artistic or expressive...
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ATF RELEASES NEW VERSION OF THE FORM 4473

December 7, 2022 - The ATF released a new version of the Form 4473 today. According to the ATF, this revised version was necessitated by new statutory requirements implemented though the NICS Denial Notification Act and the Bipartisan Safer Community Act, and to reflect the implementation of Final Rule 2021R-05F (new definitions of “firearm frame or receiver” with new markings requirements – whi...
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Federal Judge to Hear Challenge to California Statute Shifting Attorney’s Fees in Firearms Cases
December 2, 2022 - California recently enacted a statute intended to prevent lawsuits challenging state and local statutes restricting firearms through an onerous attorney’s fees provision. Thus, not only does California continue to enact unconstitutional laws restricting its citizens from exercising their Second Amendment constitutional rights, but it is now trying to punish those that challenge...
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The Firearms Industry Has Much to be Thankful for this Year
November 23, 2022 - Happy Thanksgiving to all our friends and family! As Thanksgiving Day approaches, we look forward to seeing family and enjoying a home cooked meal with the people we love. This is a time to be grateful for the things in our lives that we often take for granted. The firearm industry in particular has a lot to be thankful for this year since the issuance of the Supreme Court’s d...
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New Gun Control Laws in Maryland and Oregon
November 17, 2022 - In the wake of Election Day 2022, at least two new restrictions on the Second Amendment are poised to be enacted. Oregon voters passed a ballot measure that would restrict firearm ownership and ban “large capacity” magazines, and Montgomery County, Maryland passed a new version of an invalidated state law.
Oregon
Oregon voters have narrowly approved Measure 114, w...
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Federal Court Enjoins New York from Enforcing Significant Provisions of the Concealed Carry Improvement Act
November 7, 2022 - As Renzulli Law Firm previously reported, on July 1, 2022, New York State introduced the so-called Concealed Carry Improvement Act (“CCIA”). In response, Ivan Antonyuk, along with five other New York State residents, all of whom are members of Gun Owners of America, filed a lawsuit against Bruen and several other state actors (Antonyuk v. Hochul). The plaintiffs then filed an e...
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Election 2022: Firearm Laws on the Ballot
November 2, 2022 - The 2022 midterm elections are next Tuesday, November 8, 2022, and early voting has commenced in many states. Although politicians have dominated the news cycle, it is important to remember that other laws and initiatives are also on the ballot. In two states – Iowa and Oregon – citizens will vote on proposed firearm laws that illustrate the deep divide on firearm policy in the...
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Mexico Files Second Lawsuit Against the U.S. Firearms Industry
October 28, 2022 - Following the complete dismissal of Mexico’s lawsuit against firearms manufacturers and a distributor by the U.S. District Court for the District of Massachusetts, the Mexican government has turned its attention to firearms retailers closer to the U.S.-Mexico border. On October 10, 2022, Mexico filed a lawsuit in the U.S. District Court for the District of Arizona against five...
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ALL RISE. HERE COMES THE JUDGE. Court Is In Session and so is Yankees Playoff Baseball.
October 20, 2022 - While the New York Yankees are in the middle of postseason baseball, a panel of judges at the Trademark Trial and Appeal Board (TTAB) is in the middle of a trademark application opposition case involving Yankees’ star outfielder, Aaron Judge. Judge, who most recently broke the American League record for the most homeruns in a single season, is well-known by some of his catchph...
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Federal Court Holds Provisions of New York’s Concealed Carry Improvement Act Unconstitutional
October 13, 2022 - As Renzulli Law Firm previously reported, in response to the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, New York State introduced the so-called Concealed Carry Improvement Act (“CCIA”) on July 1, 2022. The CCIA added new and onerous requirements to obtain a license to carry a handgun in New York. It also prohibited licensed persons...
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MEXICO’S LAWSUIT AGAINST THE FIREARM INDUSTRY DISMISSED

On Friday, September 30, 2022, Chief Judge F. Dennis Saylor of the U.S. District Court for the District of Massachusetts issued a decisiondismissing Mexico’s lawsuit against the firearms industry in its entirety. Mexico had filed a complaint against seven firearms manufacturers and one firearms distributor on August 4, 2021, claiming that they supply a large majority of the illegal fire...
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Recent Second Amendment Cases from Federal Courts Applying Bruen
September 28, 2022 - The domino effect of the Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen has commenced, as more and more federal courts issue opinions applying this historic precedent. While it remains unclear which federal and state laws will be found unconstitutional under Bruen, it does appear that the lower courts are finally enforcing the Second Amendm...
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Federal Judge Issues Injunction Limiting ATF’s “Ghost Gun” Rule
September 22, 2022 - In April, 2022, the ATF published Final Rule 2021R-05F that, among other things, revised the definitions of “Frame” and “Receiver” to include some unfinished firearm frames in an attempt to curb the spread of so-called “Ghost Guns.” You can read more about the Final Rule here.The Final Rule went into effect in early August and it had an immediate effect. Many law-abiding bu...
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Democrats and Their Anti-Gun Lobby Partners Convince Credit Card Companies to Track Firearm Sales
On September 1, 2022, Elizabeth Warren, and several other Democratic Senators and Representatives, sent a letter to the CEOs of Mastercard, American Express, and Visa requesting that the financial institutions adopt a “merchant category code” for firearm and ammunition retailers. On September 9, 2022, it was then announced that the International Organization for Standardization (“ISO”), a Geneva-...
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Federal Court Dismisses Lawsuit Challenging New York’s Concealed Carry Improvement Act
September 8, 2022 - In response to the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, New York State introduced the so-called Concealed Carry Improvement Act (“CCIA”) on July 1, 2022. Among other things, the CCIA prohibits persons from carrying a firearm in an extensive list of “sensitive locations,” including government buildings, churches, libraries, ...
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D.C. CIRCUIT UPHOLDS ATF’S RULE CLASSIFYING BUMP STOCKS AS MACHINE GUNS
August 9, 2022 - A three judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a decision unanimously affirming the trial court’s decision that the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) properly classified bump stocks as machine guns. Although the ATF had previously concluded that bump stocks are not machine guns, after a 2017 shooting at...
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California Joins Rush of Recent Gun Control Legislation
August 1, 2022 - Several states have recently enacted additional gun control laws as the focus on gun control moves out of Washington, DC and into statehouses around the country. In the wake of new gun control measures passed in New York, New Jersey, and Delaware (read more about these laws here), California has finalized its version of a law that will allow private citizens to seek “bounties” f...
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MAYORS ACROSS THE UNITED STATES MEET TO PLAN CONCERTED ATTACK ON THE FIREARM INDUSTRY

July 20, 2022 - Mayors Against Illegal Guns (“MAIG”), a coalition of Democratic mayors affiliated with the gun control group Everytown for Gun Safety and its gun control proponent founder billionaire Michael Bloomberg, attended a summit in New York City to plan a simultaneous attack against firearm manufacturers and distributors. Mayors of multiple Democratic controlled cities attended the meetin...
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CALIFORNIA’S ADVERTISING BAN FACES LEGAL CHALLENGE
On June 30, 2022, California Governor Gavin Newsom signed Assembly Bill 2571 into law. AB 2571 makes it unlawful for any “firearm industry member” to “advertise, market, or arrange for placement of an advertising or marketing communication concerning any firearm-related product in a manner that is designed, intended or reasonably appears to be attractive to minors.” AB 2571 also prohibits a “fire...
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New York, New Jersey, and Delaware Enact Additional Gun Control Laws
July 7, 2022 - In response to the Supreme Court’s landmark decision striking down New York’s discriminatory and unconstitutional concealed carry handgun permitting process, Democratic leaders of the state rushed through several bills last week that will ultimately make it even more difficult and restrictive to legally carry a concealed handgun for self-defense in New York. When the new laws go in...
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PRESIDENT BIDEN SIGNS NEW GUN CONTROL LAWS

June 25, 2022 - President Biden signed into law S. 2938, the Bipartisan Safer Communities Act (the “Act”), which includes a comprehensive package of new gun control laws. The following is an overview of what was ultimately included in the Act and how it will affect the firearms industry.Federal Funding for Red Flag Laws - Nineteen states and the District of Columbia have previously...
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SUPREME COURT DECLARES THAT NEW YORK’S HANDGUN LICENSING LAW VIOLATES THE SECOND AMENDMENT

June 23, 2022 - Today, in a 6-3 decision, the U.S. Supreme Court held that New York State’s law requiring a license to carry a handgun in public for purposes of self-defense based on a “proper cause” standard violates the right to keep and bear arms. In New York State Rifle & Pistol Association, Inc. v. Bruen, the majority held that the “Second and Fourteenth Amendments protec...
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California Assembly Passes Bill to Circumvent the PLCAA
June 10, 2022 - Following New York’s attack against the firearms industry, the California State Assembly recently passed the Firearm Industry Responsibility Act, AB1594. AB1594 is an attempt to negate the immunity provided by the Protection of Lawful Commerce in Arms Act (“PLCAA”). California Assembly Bill 1594 is modeled after a similar New York law that was recently enacted. Like the New York ...
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New York State Continues Its Assault on the Firearms Industry and Second Amendment by Passing Additional Gun Control Laws
June 3, 2022 - New York State has continued its attacks against law abiding firearm owners by rushing to pass gun control legislation in response to the shootings in Buffalo, New York and Uvalde Texas. Like with the SAFE Act that was rushed through in 2013, New York’s Democratic Governor and the Democratic leaders of the State Assembly and Senate announced and passed numerous gun control laws wi...
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FIREARMS INDUSTRY TO APPEAL FEDERAL COURT’S DISMISSAL OF CHALLENGE TO THE CONSTITUTIONALITY OF THE NEW YORK NUISANCE STATUTE
June 2, 2022 - The attack on the firearms industry in New York continues with the issuance of a decision dismissing the industry’s lawsuit challenging New York’s recent public nuisance statute, enacted with the express purpose of attempting to bypass the Protection of Lawful Commerce in Arms Act (“PLCAA”). On July 6, 2021, New York enacted General Business Law §§ 989-a-e, to create a new statute...
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Ninth Circuit Strikes Down California’s Age-Based Restrictions on Sales of Semi-Automatic Rifles
May 19, 2022 - In a 2-1 decision issued last week, the U.S. Court of Appeals for the Ninth Circuit reversed a decision by the U.S. District Court for the Southern District of California that had upheld a California statute banning the sale of center-fire, semi-automatic rifles to residents less than 21 years old. This statute went into effect in 2021 and built upon prior gun contr...
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What Does the Trademark Modernization Act Mean for Your Business?
May 13, 2022 - In 2020, President Trump signed the Trademark Modernization Act (TMA) into law. After initial regulations were released and commented on by the public, final regulations were published and several key provisions of the law went into effect in December, 2021. You can read more about the history of the TMA’s adoption and implementation here and here. The TMA is the most substantial...
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Washington State Supreme Court Holds City Ordinance Regulating Storage of Firearms is Preempted by State Law
May 6, 2022 - In a unanimous decision, the Supreme Court of the State of Washington recently held that a city ordinance enacted by the City of Edmonds regulating the storage of firearms is preempted by state law. The ordinance was passed by the City Council in July 2018, and attempted to require firearm owners to keep their firearms “secured by a locking device” and inaccessible to persons “other...
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“Pistol Brace Protection Act” Proposed to Prevent Pistols with Stabilizing Braces Being Classified as NFA Firearms
April 29, 2022 - Representative James Kanford (R. Okla.), recently introduced S.4069, the Pistol Brace Protection Act (“PBPA”). If enacted, the PBPA would amend the National Firearms Act (“NFA”) to provide that pistols with stabilizing braces are not considered to be short-barreled rifles (“SBRs”). Over the years, the ATF has issued numerous classification letters confirming that pistols with s...
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ATF Reversing Prior Determinations against Dealers and Seeking Revocation Instead
April 19, 2022 - Renzulli Law Firm is aware of several recent circumstances in which the ATF is instituting revocation proceedings against federal firearms licensees (FFLs) where the cases had been previously closed after a warning conference. It appears the ATF is not only taking a “zero tolerance” approach to current situations and audits, but also reviewing prior “closed” cases to determine i...
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ATF PUBLISHES FINAL RULE MAKING SIGNIFICANT CHANGES TO FEDERAL FIREARMS REGULATIONS

On April 10, 2022, Attorney General Garland signed a Final Rule titled “Definition of ‘Frame or Receiver’ and Identification of Firearms” (“Final Rule”). This 364 page document makes extensive revisions to the Code of Federal Regulations governing commerce in Firearms, including the regulations adopted pursuant to the Gun Control Act (“GCA”), the National Firearms Act, and the Arms Export Contro...
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Anti-Gun Groups Demand Federal Trade Commission Investigate Firearms Industry
April 12, 2022 - Last week Brady United, Giffords Law Center, March for Our Lives, and the Firearms Accountability Task Force filed a petition with the U.S. Federal Trade Commission ("FTC") requesting an investigation into the firearms industry’s advertising practices. The petitioners allege that firearm industry members engage in false and misleading advertising by suggesting that firearms are a...
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Vermont Enacts Statute Extending the Delay Period to Complete Background Checks
April 8, 2022 - Vermont Governor Phil Scott recently signed Senate Bill 4 ("S.4"), which extends the required waiting period before a federal firearms licensee (“FFL”) can transfer a firearm to someone without an FFL when the results of the National Instant Criminal Background Check System (“NICS”) is still listed as delayed. Federal law allows an FFL to transfer a firearm after three full busin...
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United States and European Union Agree to Trans-Atlantic Data Privacy Framework
March 30, 2022 - Late last week, the Biden Administration and the European Commission announced that they had agreed in principle to a framework that would allow the flow of personal information between the United States and the European Union (EU) to continue. The transfer of this information is critical to the operations of Google, Amazon, Facebook, and other online commerce and social media c...
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Alabama, Ohio, and Indiana Enact Constitutional Carry Laws
March 24, 2022 - This month, Alabama, Ohio, and Indiana enacted constitutional carry legislation, eliminating the permit requirement for carrying concealed firearms. Alabama Governor Kay Ivey signed H.B. 272 into law, Ohio Governor Mike DeWine signed S.B. 215 into law, and Indiana Governor Eric Holcomb signed H.B. 1296 into law. With the recent additions of Alabama, Ohio, and Indiana, there are ...
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Connecticut Introduces Comprehensive Gun Control Bill
March 17, 2022 - At the start of Connecticut’s 2022 legislative session, Governor Ned Lamont introduced GB-16 “An Act Addressing Gun Violence and Juvenile Crime” for action by the Connecticut legislature. Governor Lamont, an ardent gun control supporter, stated the bill is “aimed at eliminating gun violence in Connecticut through a series of targeted initiatives” and claimed these “commonsense” ...
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Congressional Republicans Introduce “No REGISTRY Rights Act”
March 10, 2022 - Earlier this week, Texas Representative Michael Cloud and 44 Republican co-sponsors introduced legislation that would prevent the incidental creation of a federal firearms registry.The “No Retaining Every Gun In a System That Restricts Your Rights Act,” or “No REGISTRY Rights Act” for short, would prevent the ATF from collecting firearm transaction records from federal firearms l...
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U.S. Department of Justice Challenges Missouri’s Second Amendment Preservation Act in Federal Court
March 3, 2022 - The United States recently filed a complaint in U.S. District Court for the Western District of Missouri challenging the constitutionality of the Missouri Second Amendment Preservation Act, and seeking an injunction prohibiting Missouri from enforcing it. As we previously reported, the Act states that “all federal acts, laws, orders, rules, and regulations,” that infringe on the S...
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NEVADA SUPREME COURT DENIES PLAINTIFFS’ PETITION FOR REHEARING OF DECISION HOLDING THAT THEIR CLAIMS ARE BARRED BY NEVADA’S IMMUNITY STATUTE
February 24, 2022 - Today the Nevada Supreme Court issued an order unanimously denying plaintiffs’ petition for rehearing from its December 2, 2021 decisionregarding the Nevada firearm industry immunity statute, NRS 41.131(1). The December 2, 2021 decision was issued in the case of Parsons v. Colt’s Manufacturing Company LLC, et al. and held that NRS 41.131(1) provides the manufacturers and deal...
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Proposed Arizona Law Would Require Gun Safety Course in Grade School
February 23, 2022 - Arizona State Representative Quang Nguyen recently introduced House Bill 2448, which would require public and charter schools to provide students in grades six through twelve with “one or more training sessions in firearms safety in an age-appropriate manner.” If enacted into law, Arizona schools would be required to offer firearms safety training to students by a q...
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RENZULLI LAW FIRM WINS SUMMARY JUDGMENT FOR FIREARMS DEALER PURSUANT TO NEW HAMPSHIRE IMMUNITY LAW

On February 14, 2022, Renzulli Law Firm won a motion for summary judgment dismissing claims against a firearms dealer pursuant to New Hampshire’s firearms industry immunity law. RLF’s client, a federally licensed firearms dealer in New Hampshire, legally sold a firearm to a purchaser. Six weeks later, the purchaser used the firearm to shoot two police officers. The purchaser was...
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Missouri Supreme Court to Decide Case Involving the Second Amendment Preservation Act
On February 7, 2022, the Missouri Supreme Court heard arguments regarding the state’s Second Amendment Preservation Act (the “Act”) in the case of City of St. Louis v. State of Missouri. The Act, which was signed into law by Governor Mike Parson last Summer, states that “all federal acts, laws, orders, rules, and regulations,” that infringe on the Second Amendment right to ke...
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ATF Finalizing Rules To Classify Pistols With Stabilizing Braces As Short-Barreled Rifles
On January 31, 2022, the ATF published a Notice in the Federal Register regarding its plans to finalize the proposed rule regarding Factoring Criteria for Firearms with an Attached Stabilizing Brace that it had first published on June 10, 2021. The ATF also noted its plans to finalize the proposed rule regarding the Definition of “Frame or Receiver” and Identification of ...
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WASHINGTON STATE SENATE INTRODUCES BILLS TO BAN “ASSAULT WEAPONS” AND “LARGE CAPACITY” MAGAZINES
January 27, 2021
The Washington State Senate recently introduced bills seeking to ban “assault weapons” and “large capacity” magazines. SB5217 would ban “assault weapons,” which it defines as: (1) dozens of specifically named models; (2) any semi-automatic rifle with an overall length of less than 30”; and (3) “copycat weapons.” Copycat weapons are defined as any semi-automatic...
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FIREARMS STORAGE BILL INTRODUCED IN MICHIGAN SENATE
January 21, 2022
Democrats in the Michigan State Senate recently introduced a bill, the passage of which would affect firearm sellers, retail purchasers, and existing firearm owners in Michigan. SB550 would require retail dealers to provide a written warning to firearm purchasers and post conspicuous warnings at the counter, informing customers of their legal obligation to safely sto...
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CALIFORNIA LEGISLATURE PROPOSES BILL TO CIRCUMVENT THE PLCAA
January 14, 2022A proposed bill was recently introduced in the California Assembly to bypass the immunity provided to members of the firearms industry by the Protection of Lawful Commerce in Arms Act (“PLCAA”). AB-1594 would add a new provision to the California Civil Code stating that: A gun industry member shall have created or maintained a public nuisance, as defined in Section 3480, if ...
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ATF REGULATIONS EXPAND REQUIREMENTS FOR SECURE GUN STORAGE OR SAFETY DEVICES

January 10, 2022
The Gun Control Act (“GCA”) requires all federally licensed firearms dealers to certify that they have secure gun storage or safety devices available for purchase by their customers. On Monday, the DOJ published a new regulation in the Federal Register that expands this requirement. The new rule, which goes into effect on February 3, 2022, applies to all federa...
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THINGS TO REMEMBER THIS HOLIDAY SEASON
December 24, 2021
With the Holidays upon us, the tradition of family gatherings and last minute gift buying is in full swing. Although most firearm owners are cognizant of and practice safe firearm handling and storage - it is even more important to properly and safely store your firearms when you invite others into your home. As firearm owners, we understand the critical nature of firearm saf...
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CALIFORNIA GOVERNOR PROPOSES LAW TO ALLOW PRIVATE LAWSUITS AGAINST THE FIREARMS INDUSTRY
December 21, 2021
Governor Newsom recently announced that he has directed his staff to work with the California legislature and Attorney General to draft a bill that would “create a right of action allowing private citizens to seek injunctive relief, and statutory damages of at least $10,000 per violation plus costs and attorney’s fees, against anyone who manufactures, distributes, or sells an...
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RENZULLI LAW FIRM ACHIEVES VICTORY IN PRODUCT LIABILITY CLAIM AGAINST FLARE LAUNCHER MANUFACTURER
December 16, 2021
Renzulli Law Firm represented an industry leading manufacturer of safety equipment in a lawsuit pending in federal court in Indiana. Plaintiff claimed that one of defendant’s products, a marine flare launcher, caused her serious injuries due to an alleged defect in design. Plaintiff was using the product in her home for self-defense purposes, and had no intention of using i...
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D.C. VOTES TO AMEND ITS “GHOST GUN” BAN IN RESPONSE TO LEGAL CHALLENGE
November 23, 2021
On November 16, 2021, the D.C. Council voted to amend its recently enacted law banning “ghost guns” on an emergency basis in response to a lawsuit filed by Dick Heller. Renzulli Law Firm, LLP previously reported on the lawsuit filed against the District of Columbia in the U.S. District Court for the District of Columbia challenging the constitutionality of the new D.C. law b...
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NINTH CIRCUIT UPHOLDS CALIFORNIA’S BAN ON MAGAZINES WITH A CAPACITY OF MORE THAN TEN ROUNDS
December 2, 2021
In a split decision by an en banc panel in the case of Duncan v. Bonta, the U.S. Court of Appeals for the Ninth Circuit upheld California’s ban on magazines with a capacity of more than ten rounds (often referred to as large-capacity magazines). In so doing, the court reversed a decision by Judge Benitez of the U.S. District Court for the Southern District of California, which...
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NEVADA SUPREME COURT HOLDS THE NEVADA IMMUNITY STATUTE PROHIBITS CLAIMS AGAINST FIREARM DEFENDANTS FROM THE ROUTE 91 HARVEST FESTIVAL SHOOTING
December 2, 2021
Today the Nevada Supreme Court unanimously held that the Nevada firearm industry immunity statute, NRS 41.131(1), provides the manufacturers and dealers of the AR-type rifles used in the October 1, 2017 shooting at the Route 91 Harvest Festival in Las Vegas with immunity from the lawsuit filed against them. The court’s decision was issued in response to three questions that Ju...
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‘Tis the Season for Internet Scams
November 18, 2021
The holiday season is upon us, and along with the increase in online shopping comes an increase in online scammers.At Renzulli Law Firm, we have been tracking an increase in the number of scam sites which use the name of a legitimate company in the domain name in order to attract unsuspecting customers and steal their financial information. These scam sites have some te...
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NEW YORK STATE ENACTS NEW GUN CONTROL LAWS
November 12, 2021
Several New York bills were recently signed into law banning “ghost guns,” defining the term “unfinished frame or receiver,” and expanding the definition of “disguised guns.” These new laws are poorly written, conflict with federal law, expand the class of prohibited items, and are likely to result in significant confusion.S.13A/A.2666A, the Unfinished Receiver Act, effective...
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ORAL ARGUMENT BEFORE THE U.S. SUPREME COURT IN SECOND AMENDMENT CASE

November 3, 2021
Oral argument was held before the United States Supreme Court this morning in the case of New York State Rifle & Pistol Association, Inc. v. Kevin P. Bruen, in his Official Capacity of Superintendent of New York State Police. As previously reported, this lawsuit arises from a challenge to New York’s concealed carry law that requires applicants to make a showing of “proper ...
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ILLINOIS SUPREME COURT STRIKES DOWN FIREARM AND AMMUNITION TAX
October 29, 2021
The Illinois Supreme Court issued a 6-0 decision this week holding that two Cook County ordinances that impose a tax on the retail purchase of firearms and ammunition violate the Illinois State Constitution. This case arises from a 2012 ordinance enacted by the Cook County Board of Commissioners that imposed a $25 tax on the retail purchase of a firearm, and a 2015 o...
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Pennsylvania Supreme Court Allows Lawsuit Challenging Local Firearm Restrictions to Go Forward
October 22, 2021
The Pennsylvania Supreme Court issued a ruling this week allowing a group of plaintiffs to proceed with their lawsuit challenging firearm restrictions enacted by the City of Harrisburg, PA. The court held that the plaintiffs were entitled to proceed with their lawsuits even though they have not yet been prosecuted for violations of the laws at issue. In particu...
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D.C.’s “GHOST GUN” BAN FACES LEGAL CHALLENGE

October 15, 2021
On September 8, 2021, Dick Heller filed a lawsuit against the District of Columbia in the U.S. District Court for the District of Columbia challenging the constitutionality of a new D.C. law purporting to ban the possession or manufacture of “ghost guns” as overly broad and unconstitutionally vague. Dick Heller is the same plaintiff who brought the lawsuit ...
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PROPOSED ILLINOIS LEGISLATION WOULD ALLOW ANYONE TO SUE THE FIREARMS INDUSTRY IN STRICT LIABILITY FOR INJURIES CAUSED BY THE UNLAWFUL DISCHARGE OF FIREARMS
October 8, 2021
The Firearms Dealer and Importer Liability Act, a/k/a/ the Protecting Heartbeats Act, HB4156, which was introduced in Illinois on September 28, 2021 would hold firearms manufacturers, importers and dealers strictly liable for any bodily injury or death caused by the unlawful discharge of a firearm in Illinois. It would allow anyone, other than a state or local government offic...
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American Bar Association Weighs In On Major Second Amendment Case
October 1, 2021
According to the American Bar Association (“ABA”), state and local governments have the right to tailor firearms regulations according to their own judgment regarding public health and safety. This was the broad theme of an amicus brief filed by the ABA last week in New York State Rifle & Pistol Association Inc. v. Bruen,* the first major Second Amendment case before the S...
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RENZULLI LAW FIRM IS VICTORIOUS BEFORE THE MISSOURI COURT OF APPEALS IN CASE ALLEGING STRAW PURCHASE OF AMMUNITION

September 24, 2021
On September 21, 2021, the Missouri Court of Appeals issued a decision affirming the dismissal of a case in which plaintiffs alleged that a sporting goods store illegally sold ammunition to a straw purchaser. Renzulli Law Firm represented the store in both the trial court and on appeal. Plaintiffs claimed that the store sold ammunition to a straw purchaser, w...
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ATF FILES PETITION FOR REHEARING EN BANC TO THE FOURTH CIRCUIT IN THE HIRSCHFELD V. ATF CASE
September 15, 2021
As Renzulli Law Firm previously reported, in a 2-1 decision dated July 13, 2021, a panel of the Fourth Circuit Court of Appeals declared the provision in the Gun Control Act prohibiting federally licensed firearms dealers from transferring handguns to persons between 18-20 years old to be unconstitutional on the basis that it violates the Second Amendment in the case of Hirs...
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President Biden Pulls Nomination of Chipman

September 9, 2021
It is being widely reported that President Biden is withdrawing the nomination of David Chipman to be the next Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Mr. Chipman’s nomination was uniformly opposed by firearms industry members and Second Amendment advocates, and widely supported by gun control groups, such as Brady United, Everytown for Gun ...
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Texas Constitutional Carry Law Takes Effect
September 3, 2021
On September 1, 2021, Texas House Bill 1927 took effect, making Texas the 21st state to eliminate a license requirement to carry a handgun. Prior to Sept. 1, Texans were required to submit fingerprints, complete four to six hours of training, and pass a written exam and shooting proficiency test to obtain a license to carry a handgun. These requirements have ...
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U.S. Supreme Court to Hear Oral Argument in Pivotal Second Amendment Case
August 18, 2021
It was announced yesterday that the case of New York State Rifle & Pistol Association, Inc. v. Keith M. Corlett, in His Official Capacity as Superintendent of New York State Police is scheduled for oral argument before the Supreme Court on November 3, 2021. The appeal is the final step in a lawsuit challenging New York’s concealed carry law that was brought by the Associati...
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US Court of Appeals for the Third Circuit Issues Precedential Second Amendment Decision Reinstating Challenge to Pennsylvania Zoning Restrictions
August 24, 2021
On August 17, 2021, the U.S. Court of Appeals for the Third Circuit issued a precedential Second Amendment decision in the case of Drummond v. Robinson Township. The court reversed the district court’s dismissal of a lawsuit brought by William Drummond against Robinson Township challenging certain zoning regulations it put in place after he purchased the Greater Pitt...
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Mexico Sues Firearms Companies in Boston Federal Court

August 9, 2021
On August 4, 2021, Estados Unidos Mexicanos (Mexico) filed a Complaint in the District of Massachusetts against several firearms manufacturers and one distributor. Mexico deceptively claims that these defendants manufacture a large majority of the illegal firearms used to commit crimes in Mexico, especially those used by drug cartels. Mexico claims that the defendants ...
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USPTO Publishes Draft Regulations That Allow Anonymous Challenges to Trademark Registrations
August 9, 2021
In late 2020, Congress passed the Trademark Modernization Act of 2020 (“TMA”), the first major revision to U.S. trademark law in years. The TMA will have an impact on many current and prospective trademark owners (for more information on how the TMA affects trademark owners outside the U.S., click here). The TMA directed the United States Patent and Trademark Office (“USPTO”) t...
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ATF INTRODUCES GUIDANCE TO INCREASE THE REVOCATION OF FFLS
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...
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Fourth Circuit Strikes Down Gun Control Act Ban as Unconstitutional
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...
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Renzulli Law Firm Successfully Defeats Appeal on Behalf of New York Shooting Association

July 23, 2021
RLF achieved another victory for one of its firearm industry clients by successfully defeating an appeal brought by the Plaintiff in a case against the Long Island Practical Shooters Association (LIPSA). The case involved a competitive quick-draw shooting competition hosted by LIPSA on August 21, 2016. The Plaintiff, who had extensive experience participating in compe...
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NEW YORK GOVERNOR SIGNS LAW INTENDED TO BYPASS THE PLCAA AND DECLARES GUN VIOLENCE EMERGENCY
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...
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TEXAS ISSUES UNANIMOUS DECISION IN PLCAA IMMUNITY CASE ARISING FROM THE SUTHERLAND SPRINGS CHURCH SHOOTING

June 25, 2021
Today the Texas Supreme Court issued a unanimous decision granting a petition for a writ of mandamus filed by Academy, Ltd. d/b/a Academy Sports + Outdoors (“Academy”) to dismiss lawsuits arising from the 2017 church shooting in Sutherland Springs, Texas pursuant to the Protection of Lawful Commerce in Arms Act (“PLCAA”). Plaintiffs in four consolidated lawsuits had argued t...
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Biden Administration Announces “Zero Tolerance” Enforcement of Firearm Dealer Laws and Regulations
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...
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New York Senate Passes Series of Gun Control Bills Targeting the Firearms Industry

June 9, 2021
The New York Senate and Assembly recently passed a series of gun control bills targeting the firearms industry at-large, as well as law abiding gun owners in the Empire State. The following are some of the key aspects of the bills that are likely to be signed into law by Governor Andrew Cuomo.
Assembly Bill A6762B (passed by both the NY Senate and Assembly) declares the i...
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PROPOSED NEW FEDERAL GUN CONTROL LEGISLATION
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...
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CONSTITUTIONAL CARRY BILL HEADED TO TEXAS GOVERNOR
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...
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Federal Judge Overturns California’s “Assault Weapons Ban” as Unconstitutional

June 7, 2021
On June 4, 2021, Judge Roger Benitez issued a Decision declaring California’s “interlocking statutes” and “complex definition of the ignominious ‘assault weapon’” unconstitutional under the Second Amendment; and he issued a permanent injunction prohibiting enforcement of that law. However, he also issued a temporary stay of his Order for 30 days giving the State time to appe...
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Connecticut Looks to Reinstate COVID-19 Executive Order that Suspended Processing of Firearm Permit Applications
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...
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Supreme Court References Red Flag Laws in Fourth Amendment Unlawful Search and Seizure Case
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...
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