Press & Publications
VICTORY FOR FIREARM MANUFACTURER IN MASS SHOOTING CASE
May 29, 2026 – RLF secured a complete dismissal of a wrongful death and negligence case in Florida state court on behalf of one of its firearm industry clients, a firearm manufacturer, when the Court granted a motion to dismiss based on the immunity provided to members of the firearm industry by Florida Statutes Section…
RENZULLI LAW FIRM OBTAINS FULL VOLUNTARY DISMISSAL IN FIREARM PRODUCTS LIABILITY CASE
November 25, 2025 – Renzulli Law Firm (“RLF”) recently secured another victory on behalf of one of its firearms industry clients. The matter arose from an alleged unintentional discharge of a semi-automatic pistol while the plaintiff attempted to place it into a safe located in his closet. The plaintiff claimed that the pistol slipped from…
RENZULLI LAW FIRM OBTAINS VICTORY IN NEW YORK WRONGFUL DEATH CASE
October 21, 2025 – Renzulli Law Firm (“RLF”) secured a complete dismissal of a wrongful death case on behalf of one of its firearms industry clients. The case involved the fatal shooting of a young man by his friend on November 6, 2016. The shooter, then 19 years old, found two unloaded pistols—a Springfield .45…
RLF OBTAINS DISMISSAL OF OHIO SHOOTING RANGE BASED ON PLCAA IMMUNITY
On June 24, 2025, RLF secured another victory for one of its firearm industry clients, an Ohio-based shooting range, when a state court granted a motion to dismiss based on the immunity provided by the Protection of Lawful Commerce in Arms Act (“PLCAA”). The court dismissed all claims against the shooting range pursuant to the…
RENZULLI LAW FIRM IS VICTORIOUS IN FEDERAL APPEAL’S COURT UPHOLDING DISMISSAL OF PRODUCTS LIABILITY LAWSUIT FOR FIREARM MANUFACTURER CLIENT
April 17, 2025 – Renzulli Law Firm originally secured a complete dismissal of a products liability case on behalf of one of its firearm manufacturer clients 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 ACHIEVES UNANIMOUS VICTORY BEFORE THE PENNSYLVANIA SUPREME COURT ELIMINATING A SHORT-LIVED WIN FOR GUN CONTROL ADVOCATES
On March 31, 2025, the Pennsylvania Supreme Court issued a unanimous decisionaffirming a lower court decision that claims brought against RLF’s clients are barred by the Protection of Lawful Commerce in Arms Act, 15 U.S.C. §§ 7901-03 (“PLCAA”), and that the PLCAA is constitutional. Plaintiffs’ teenage son was tragically shot and killed with a pistol when…
RENZULLI LAW FIRM OBTAINS COMPLETE VICTORY FOR FIREARMS DEALER AFTER PLAINTIFFS CONCEDE NO BASIS FOR OPPOSING MOTION TO DISMISS
March 17, 2025 – Renzulli Law Firm obtained a complete litigation victory for one its firearms dealer clients (the “Dealer”). The lawsuit concerned an attempted murder by a then-employee of the Dealer (the “Shooter”) of the Shooter’s ex-fiancé and her boss (“Plaintiffs”) inside of the boss’s residential trailer. Plaintiffs’ claims against the Dealer were based…
SUPREME COURT APPEARS READY TO DISMISS MEXICO’S LAWSUIT AGAINST MAJOR FIREARM MANUFACTURERS
March 7, 2025 – This week, the United States Supreme Court heard arguments on whether Mexico included sufficient factual allegations in its complaint to support its legal claims against seven firearms manufacturers and one distributor. Based on the procedural status of the case and questions from the Court, Mexico’s case appears likely to be dismissed. …
CANADA THREATENS RETALIATORY TARIFFS AGAINST U.S. FIREARMS INDUSTRY, BUT REVERSES COURSE AFTER REACHING DEAL WITH UNITED STATES
On February 1, 2025, President Trump announced that the United States would be imposing tariffs on Canada, Mexico, and China in response to the “extraordinary threat posed by illegal aliens and drugs, including deadly fentanyl,” which “constitutes a national emergency under the International Emergency Economic Powers Act.” Specifically, President Trump intended to impose a “25% additional tariff…
UNITED STATES SUPREME COURT HEARS ORAL ARGUMENT ON ATF’S “GHOST GUN” REGULATION
October 9, 2024 – This week, the Supreme Court heard arguments in Garland v. VanDerStok. As you may recall from our prior Blasts on this case, the questions presented to the Court are: (1) whether a parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile…
RLF CONVINCES FEDERAL COURT TO EXCLUDE PLAINTIFFS’ FIREARMS EXPERT IN ALLEGED DROP-FIRE CASE
October 4, 2024 – RLF recently secured another victory for a firearm industry client that manufactures a diverse selection of handguns and long guns. RLF obtained an Order excluding Plaintiffs’ “gun expert” from testifying at trial. In the case, Plaintiffs claimed that the subject pistol drop-fired while he was in a bathroom. In an effort…
RLF DITCHES THEIR SUITS FOR THEIR ANNUAL “RANGE DAY”
Last week, we stepped out of the office and headed to the range. Our attorneys and staff enjoyed a day of shooting a variety of firearms, including handguns and rifles. Our session was led by prominent firearms trainer Emanuel Kapelsohn and his top-notch assistant trainers. Our “range day” is not only an opportunity for our…
U.S. SUPREME COURT STRIKES DOWN ATF’S RULE BANNING BUMP STOCKS
On June 14, 2024, the U.S. Supreme Court issued a decision (“Opinion”) striking down the ATF’s Rule that banned bump stocks. Contrary to main-stream media’s accounts, the Supreme Court did not legalize machineguns last Friday. The Supreme Court merely upheld a bedrock principal of our form of government – Congress makes the laws and the Executive Branch…
FEDERAL COURT PERMITS ENFORCEMENT OF NEW YORK LAW REQUIRING BACKGROUND CHECKS FOR AMMUNITION SALES
May 7, 2024 – On September 13, 2023, the New York State Firearms Association (“NYSFA”), a nonprofit that advocates for Second Amendment rights, and three individuals (including one state senator and one state assemblyman) filed a lawsuit in federal court against the superintendent of New York State Police challenging the validity of New York’s recent laws requiring…
RENZULLI LAW FIRM ACHIEVES DISMISSAL FOR FIREARM MANUFACTURER
March 21, 2024 – In 2019, an employee of a company in California shot and killed another employee using a semi-automatic pistol manufactured by one of RLF’s clients. The family of the victim sued the shooter, the employer, and the manufacturer of the pistol. RLF immediately moved to dismiss the case based on the federal…
SUPREME COURT OF NEW HAMPSHIRE SIDES WITH RLF
February 1, 2024 – RLF achieved another victory for one of its firearm industry clients in a lawsuit alleging negligent entrustment of a firearm. The firearm retailer named as a defendant in the case completed all the required paperwork and ran a background check through New Hampshire’s point of contact system. The state’s Department of…
RLF OBTAINS DISMISSAL FOR TEXAS SHOOTING RANGE
August 3, 2023 – RLF achieved another victory for one of its firearm industry clients in a recently filed lawsuit pursuant to Section 128.053 of the Texas Civil Practice and Remedies Code. RLF represented a shooting range located near Dallas, Texas. The Plaintiff claimed that he sustained significant hearing loss at the shooting range because…
RENZULLI LAW FIRM OBTAINS SUMMARY JUDGMENT IN NEGLIGENT DISCHARGE CASE
June 28, 2023 – Renzulli Law Firm recently secured a complete dismissal of a product liability case on behalf of a firearm manufacturer. Plaintiff was aware there was an unsecured, loaded semi-automatic pistol in a vehicle while he, another adult, and several juveniles were returning home after an organization sponsored activity. When the adult owner…
RENZULLI LAW FIRM PREVAILS IN CLAIMED STRAW PURCHASE CASE PURSUED BY BRADY CENTER
June 16, 2023 – Renzulli Law Firm recently secured a complete dismissal of a lawsuit on behalf of one of its firearm dealer clients in Kansas based on an aggressive defense and calculated use of the Protection of Lawful Commerce in Arms Act (PLCAA). Plaintiffs alleged that this Midwest firearms dealer negligently entrusted (sold) a…
RENZULLI LAW FIRM HOSTS SECOND ANNUAL SPRING OUTING
JUNE 8, 2023 – RLF employees, friends and families enjoyed burgers, beer, music, wine, spirits, food trucks and the best grilling this side of the Hudson River at The Burger & Beer Blast – Westchester’s ultimate block party! We joined more than 2,000 participants who were undeterred by the cloudy skies, a result of the…
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…
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…
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…
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…
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…
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…
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,…
RENZULLI LAW FIRM HOSTS FIRST ANNUAL SPRING OUTING
June 9, 2022 – Renzulli Law Firm attended Westchester Magazine’s ultimate party, the Burger & Beer Blast at Kensico Dam Plaza in Valhalla, New York. We sampled burgers, craft beer, wine and spirits from 30 local restaurants and then voted for our favorite burger. This year’s winner was Southern Table of Pleasantville, whose Bulleit Burger…
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…
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…
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…
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…
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…
RENZULLI LAW FIRM IS VICTORIOUS BEFORE THE MISSOURI COURT OF APPEALS IN CASE ALLEGING STRAW PURCHASE OF AMMUNITION
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
ATTEMPT BY CONGRESS TO REPEAL PLCAA
May 19, 2021 Democrats on Capitol Hill recently introduced bicameral legislation called the “Equal Access to Justice for Victims of Gun Violence Act” that will open the gun industry to even more frivolous lawsuits. In 2005, the Protection of Lawful Commerce in Arms Act (“PLCAA”) became law. The PLCAA protects the licensed and heavily regulated…
SUPREME COURT TO DECIDE MAJOR SECOND AMENDMENT CASE
April 26, 2021 For the first time in more than a decade, the Supreme Court is poised to issue a major decision regarding the scope of the right to keep and bear arms protected by the Second Amendment. Earlier today, the Supreme Court granted a petition for a writ of certiorari in the case of New York State Rifle…
President Biden Unveils New Executive Actions on Gun Control
April 8, 2021 Today, from the Rose Garden, President Joe Biden announced a series of Executive Actions to further the Biden Administration’s gun control agenda. Realizing that Congressional action on gun control is unlikely due to a deeply divided Senate and a filibuster that affords Republicans the ability to block excessive gun control proposals from…
UNDERTAKING A RECALL: WHAT A MANUFACTURER SHOULD KNOW
February 5, 2021 UNDERTAKING A RECALL: WHAT A MANUFACTURER SHOULD KNOW Christopher Renzulli and Howard Schilsky of Renzulli Law Firm, LLP were published in the February 2021 edition of Westchester Lawyer Magazine for their article addressing the legal implications of undertaking a recall. Whether to issue a recall of a product, and how to effectively…
TRADEMARK MODERNIZATION ACT OF 2020 ESTABLISHES NEW RULES FOR NON-U.S. OWNERS OF REGISTRATIONS ISSUED UNDER §§ 66(A) AND 44(E) OF U.S. TRADEMARK ACT
February 1, 2021 In the waning days of 2020, the United States Congress enacted and President Trump signed into law the Trademark Modernization Act of 2020 (“TMA”). The legislation establishes a new category of administrative proceeding within the U.S. Patent and Trademark Office (“USPTO”) and may significantly impact the way non-U.S. firearms companies and other…
FIREARMS IMPORT-EXPORT UPDATE PART I – DETERMINING THE APPLICABLE ECCN AND NEED FOR AN EXPORT LICENSE
January 21, 2021 We attended the NSSF’s January 11-14 firearms import-export webinars so that we can pass on the valuable information to those of you who were unable to attend. As many of you know, jurisdiction over the export of the majority of firearms and ammunition was formally transferred from the Department of State to…
RLF CONVINCES PA SUPERIOR COURT TO WITHDRAW DECISION DECLARING THE PLCAA UNCONSTITUTIONAL
December 4, 2020 Renzulli Law Firm was successful in convincing the Pennsylvania Superior Court (the state’s intermediate appellate court) to withdraw its prior decision declaring the Protection of Lawful Commerce in Arms Act (“PLCAA”) to be unconstitutional. A September 28, 2020 decision by a three-judge panel had held that Congress did not have the authority to…
PROPOSED LEGISLATION SEEKS TO REPEAL RESTRICTIONS ON THE ATF
November 20, 2020 U.S. Representative Don Beyer (D-VA) and U.S. Senator Chris Van Hollen (D-MD) recently introduced S. 4841, the ATF Improvement and Modernization Act of 2020 (“AIM Act”) which would repeal numerous restrictions on the ATF that have been added to federal law through appropriations bills over the years. Among other provisions, the AIM Act would…
TEXAS JUSTICE – HANDGUN MANUFACTURER DISMISSED AT EARLY STAGES OF TWO LAWSUITS BASED ON PLCAA IMMUNITY
September 23, 2020 Litigators in the Lone Star State are the first to admit: justice often doesn’t come swiftly in Texas courts. And parties to lawsuits can attest that when a case drags on through the court system – even where there are strong defenses – it will be a costly endeavor for the client. …
NINTH CIRCUIT AFFIRMS DECISION HOLDING THAT CALIFORNIA’S MAGAZINE CAPACITY BAN VIOLATES THE SECOND AMENDMENT
August 17, 2020 California’s 2016 ban on so-called “high capacity magazines” (defined as any magazine holding more than ten rounds of ammunition) has been struck down by the United States Court of Appeals for the Ninth Circuit. A three judge panel issued a decision today holding that California’s ban was not narrowly tailored to the state’s interest in…
PROTECTION OF A PRODUCT’S DESIGN FEATURES AS “TRADE DRESS”
July 31, 2020 Trademarks are a type of commercial speech. The presence of a trademark on a product assures the marketplace that all goods bearing the mark come from the same source and are of uniform quality. To many, the term “trademark” refers to a word, phrase, or design/emblem that appears on a product or…
U.S. SUPREME COURT REJECTS USPTO’S PER SE RULE DENYING REGISTRATION TO “GENERIC.COM” TRADEMARKS
Trademarks help companies communicate with their customers. The presence of a trademark on a product assures the marketplace that all goods bearing the mark come from the same producer and are of uniform quality. The system of trademark registration in the United States is administered by the United States Patent and Trademark Office (“USPTO”). The…
COLORADO SUPREME COURT UPHOLDS BAN ON MAGAZINES THAT HOLD MORE THAN 15 ROUNDS OF AMMUNITION
On June 29, 2020, in a unanimous opinion, the Colorado Supreme Court upheld the state’s ban on “large-capacity magazines.” In 2013, the Colorado Governor, John Hickenlooper, signed HB 13-1224 into law. HB 13-1224 banned the sale, transfer, or possession of “large-capacity magazines,” which are defined as “any fixed or detachable magazine, box, drum, feed strip, or…
US SUPREME COURT DECLINES TO ISSUE SUBSTANTIVE DECISION ON THE SECOND AMENDMENT
April 27, 2020 The Supreme Court issued its decision today in the Second Amendment case of New York State Rifle and Pistol Association, Inc. v. City of New York, New York. The case involved a Second Amendment challenge to restrictions that the City of New York placed on premises pistol permits that prevented permit holders from transporting handguns…
ATF ISSUES OPEN LETTER ON FIREARMS SALES BY DEALERS DURING THE CORONAVIRUS PANDEMIC
April 13, 2020 As noted in our April 10, 2020 blast, some states have closed down firearms dealers based on their non-essential business designation. The majority of states, however, have allowed firearms dealers to remain open for business and demand for firearms is at a record high. Open firearms dealers, like all other businesses,…
RLF PROVES FIREARMS DEALER DID IT RIGHT – CASE AND APPEAL DISMISSED
On March 25, 2020 the Superior Court of Pennsylvania affirmed the dismissal of a lawsuit by a customer against a Pennsylvania firearms retailer for slander and allegedly failing to adequately supervise and control its employees during an altercation with a customer. A customer who had lawfully purchased a semi-automatic pistol from the firearms retailer returned…
THE DESIGNATION OF FIREARMS AND AMMUNITIONS RETAILERS AS “ESSENTIAL” OR “NON-ESSENTIAL” BUSINESSES DURING THE COVID-19 PANDEMIC
March 23, 2020 To combat the spread of COVID-19, multiple states enacted broad restrictions requiring most businesses to close and ordering Americans to stay at home and ensure they wear an n95-mask if they do need to go outside. To date, the states that enacted these restrictive orders include California, New York, Illinois, Pennsylvania, New…
IS YOUR COMPANY READY FOR THE CALIFORNIA CONSUMER PROTECTION ACT (CCPA)?
Privacy on the internet has been a concern for years and the adoption of laws related to data privacy has been a question of “when,” not “if.” The answer to that question is “now.” The California Consumer Protection Act (CCPA) was enacted in 2018 and creates new consumer rights relating to the access to, deletion…
LEGISLATION INTRODUCED TO REPEAL THE TIAHRT AMENDMENT
The Tiahrt Amendment, Public Law 112-55, 125 Stat. 609-610, generally prohibits the ATF from disclosing trace data, and records required to be maintained or reported by federal firearms licensees pursuant to the Gun Control Act, such as acquisition and disposition records, Form 4473s, and multiple sale reports. Exceptions are made for disclosure to law enforcement…
CA SEEKS STAY OF RULING STRIKING DOWN BAN ON STANDARD CAPACITY MAGAZINES; SIGNALS INTENT TO APPEAL
As we recently reported, on March 29, 2019, Judge Benitez of the U.S. District Court for the Southern District of California issued a decision in the case of Duncan v. Becerra holding that California’s ban on the possession of magazines with a capacity of more than ten rounds (“LCM”) violates the Second Amendment and issued…
Practice Alert: Mandatory Warnings in California Have Changed – Are You Compliant?
On January 1, 2018, key legislative amendments went into effect that substantially revised and updated child-related firearm warning requirements in California. Prior to January 1, California law required the following child-related warning, in both English and Spanish, to be placed on the packaging of any firearm, and any descriptive materials that accompany any firearm, sold…
Practice Alert: Revise Your Warnings to Comply With Changes to California’s Prop 65 Regulation
Significant changes to California’s Proposition 65 warning regulations will go into effect in two months, on August 30. Enacted in 1986, California’s Proposition 65 (commonly called “Prop 65”) requires businesses to provide a warning regarding products that contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. Prop…
California’s New Consumer Privacy Act Ushers In New Requirements
Throughout the months leading up to the implementation of the EU General Data Protection Regulation (GDPR) — the EU’s radical overhaul of data privacy rules and regulations — we predicted that the states would begin enacting tougher, more stringent data privacy laws. (We even predicted that California would take the lead.) Yesterday, California enacted the…
U.S. Supreme Court Rules States Can Require Internet Retailers To Collect Sales Tax
The U.S. Supreme Court has ruled that states can compel online retailers to collect sales tax. The case, South Dakota v. Wayfair (No. 17-494), overturns two previous Supreme Court decisions and represents a landmark shift in law and policy that will tremendously impact online shopping. Here is the Renzulli Run Down of what you need…
The GDPR Applies Around The World, Not Just In The EU
A common misconception is that the EU’s General Data Protection Regulation (GDPR) applies only to businesses physically located in the EU. As you know from our previous article (“The Final Countdown To The GDPR Is Here. Are You Ready?”), the GDPR – which becomes officially effective one month from today on May 25, 2018 –…
RLF Appears Before The Connecticut Supreme Court
RLF Partner Christopher Renzulli appeared before the Connecticut Supreme Court on November 14 in the Sandy Hook case, Soto v. Bushmaster Firearms International, LLC, et al. The highly-anticipated and widely-covered oral argument represented the culmination of months of briefing on an appeal by the plaintiffs of Connecticut Judge Barbara Bellis’ decision granting a motion by…
RLF Achieves Substantial Settlement For Injury Victim
As reported in the New York Daily News, Renzulli Law Firm, led by its Founder John Renzulli, secured a $3.85 million settlement on behalf of its client, Jesus Santiago, who had been severely injured when a tree fell on him in Brooklyn. The tree fell on Mr. Santiago as he was on his way home…
Supreme Court Nixes Law Against Disparaging Trademarks
In a significant ruling this week, the U.S. Supreme Court struck down a portion of the Lanham Act that permitted the U.S. Government to bar the registration of “offensive” trademarks. The provision, often referred to as the “disparagement clause” of the Lanham Act, prohibited the registration of trademarks “which may disparage … persons, living or…
Patent Infringement In Focus: U.S. Supreme Court Clarifies Venue Rules for Patent Infringement Lawsuits
The United States Supreme Court recently clarified how the patent venue statute applies when a patent infringement lawsuit is brought against a domestic (U.S.) corporation. The case, TC Heartland, LLC v. Kraft Foods Group Brands, LLC, No. 16-341 (decided May 22, 2017), involved a patent infringement lawsuit brought by Kraft Foods Group Brands, LLC (“Kraft”),…
Renzulli Law Firm Achieves Substantial Victory in the Indiana Supreme Court
On April 24 2017, the Indiana Supreme Court issued a unanimous decision in favor of Renzulli Law Firm, LLP’s clients KS&E Sports and Edward J. Ellis in a case that had been brought against them by Dwayne H. Runnels. KS&E Sports had sold a handgun to Tarus Blackburn, who was alleged to have straw purchased…
RLF Victory: “Privately” Maintained Social Media Information Found Discoverable
Renzulli Law Firm, LLP, on behalf of a Pennsylvania indoor shooting range, recently prevailed on a motion to compel the production of information that a personal injury plaintiff posted privately on Facebook. Plaintiff’s lawsuit alleges that he suffered hearing loss from gunshot noise he was exposed to while discharging firearms in defendant’s shooting range. We…
RLF Victory: Summary Judgment Granted on Injury Claims
RLF recently obtained summary judgment in a personal injury case on the basis that the plaintiff did not sustain “serious injury” as defined by Insurance Law § 5102(d). In granting the motion for summary judgment and dismissing the case, the Supreme Court of Nassau County held that defendants established their burden by proving plaintiff’s miscarriage…
4 Absolutely Critical Legal Issues For Mobile App Developers
With the “app economy” predicted to double by 2020 to an incredible $101 billion, and the number of new apps quickly rising, app developers (and, frankly, anyone else involved in app development from owners to investors) need to focus on critical legal issues to protect themselves and their apps. An article published by VentureBeat touts…
BREAKING NEWS: Renzulli Law Firm Achieves Major Victory In Sandy Hook Case
Connecticut Judge Barbara Bellis just granted the defendants’ motion to strike all of the plaintiffs’ claims in Soto v. Bushmaster Firearms International, LLC, et al. A copy of the decision can be found here. The Soto case arose from the December 14, 2012 shooting at the Sandy Hook Elementary School in Newtown, Connecticut. Plaintiffs filed…
Another Victory For the Second Amendment: Federal Court Strikes Down Firearm Restrictions
On September 28, 2016, in Murphey v. Guerrero, Chief Judge Ramona Manglona of the U.S. District Court for the District of the Northern Mariana Islands declared several key aspects of the Weapons Control Act and Special Act for Firearms Enforcement of the Commonwealth of the Northern Mariana Islands (“CNMI”) to be unconstitutional on the basis…
Federal Appeals Court Hears Challenge To Hotly Contested D.C. Conceal Carry Law
This week, the United States Court of Appeals for the District of Columbia Circuit heard oral arguments in two closely-watched cases challenging Washington D.C.’s strict concealed carry laws, Wrenn et al. v. District of Columbia et al., and Grace et al. v. District of Columbia et al. Both cases involve challenges to the District of…
Protecting Your Federal Firearms License and Minimizing Violations During a Compliance Conference
Renzulli Law Firm, LLP regularly represents federal firearms licensees who receive a report of violations from the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) based on a compliance inspection. We recently represented federally licensed firearms dealers in the ATF’s Dallas and Houston Field Divisions with regard to reports of violations they had received at…
Federal Law Opens Door To “Ex Parte” Seizures Under Trade Secrets Act
There is a new and potentially powerful tool available to protect trade secrets – ex parte seizures. The Defend Trade Secrets Act (DTSA), enacted May 11, 2016, implements a federal civil cause of action for trade secret misappropriation. Among its remedies, the DTSA permits injunctive relief, the recovery of damages for misappropriation, attorney’s fees for…
Hearing Loss Claims in Firearms Litigation
In recent months, we have seen an upward trend in claims being made by individuals alleging hearing loss as a result of firearm noise. Litigants have asserted such claims against firearms manufacturers, distributors, and retailers, as well as shooting ranges and the manufacturers of ammunition, suppressors, hearing protection, and other firearms accessories. Our Firm has…
Successfully Navigating the Complex Maze of Firearm Import and Export Laws
The laws governing the import and export of firearms are complex and regularly changing. Numerous federal agencies, including the Department of State, the Department of Justice, the Department of Homeland Security, and the Department of Commerce have jurisdiction regarding the import and export of firearms. Renzulli Law Firm, LLP regularly counsels its firearms industry clients…
Massachusetts Attorney General Unilaterally Expands “Assault Weapons” Prohibition
As many readers know, Maura Healey, the Massachusetts Attorney General, recently issued an “Enforcement Notice” that attempted to “clarify” the definition of “assault weapons” in Massachusetts. Massachusetts General Law chapter 140, section 123 prohibits the sale of statutorily-defined “assault weapons” in the Commonwealth with certain exceptions. Although the Office of the Attorney General maintains that…
Christopher Renzulli Featured In Global News & Media
On February 22, Christopher Renzulli appeared before Judge Barbara Bellis in the Fairfield Judicial District Superior Court in Bridgeport, Connecticut to argue a motion to dismiss a major firearms distributor from litigation that arises out of the Sandy Hook Elementary School shooting on December 12, 2012. The manufacturer, distributor and retailer of the AR-15 rifle…
Asbestos Litigation Victory for Manufacturer in New York
On January 27, 2016 a Lewis County, New York jury returned a defense verdict in favor of Copeland Corp, a refrigeration compressor manufacturer, in a personal injury and wrongful death case brought by Sarita Olley who claimed her late husband, David Olley, developed mesothelioma as a result of his alleged exposure to asbestos-containing products, including…
H.R. 6381: Will Congress Strip Class III Medical Device Manufacturers of Their Pre-Emption Defenses?
In its February 20, 2008 decision in Riegel v. Medtronic, Inc., 552 U.S. 312, 128 S.Ct. 999, 169 L.Ed.2d 892 (2008) the United States Supreme Court affirmed that the express pre-emption clause in the Medical Device Amendments (MDA) of 1976, 21 U.S.C. § 360k(a), completely bars certain lawsuits against Class III medical device manufacturers. Just…
Firearms Sales to Individuals on the “No-Fly” List Raises Questions
Questions continue to surface concerning the prohibition on firearms sales to individuals on the federal no-fly list. January 4, 2016; Evidence continues to mount that prohibiting individuals on the federal governments no-fly list from purchasing firearms would prevent many innocent Americans from exercising their Second Amendment rights. Following President Obama’s push for legislation to prohibit…
Licensing Continues To Be A Dominant Marketing And Retail Force
Saying that licensing is a dominant marketing and retail force might be an understatement. In 2014, licensing accounted for $241.5 billion in the global marketplace. However, that’s not to say other marketing channels should be neglected or not used at all. It’s very important that businesses still maintain a strong webpage by implementing great SEO…
NYAG Announces Settlement with Major Retailers over Sale of Imitation Firearms
August 4, 2015; On August 3, 2015, the New York Attorney General’s office issued a press release announcing agreements with Amazon, Kmart, Sears, Walmart, and California-based ACTA for violating New York State law concerning the sale of toy or imitation firearms. An investigation between 2012 and 2014 found that these retailers, and numerous third-party sellers…
Christopher Renzulli and Peter Malfa Featured in For The Defense
June 16, 2014: Defense Research Institute (DRI) recently featured an article co-authored by Christopher Renzulli and Peter V. Malfa, Construction Contracts: Personal Jurisdiction and Forum Selection Clauses, in its June 2014 Construction Law issue of For The Defense magazine, which can be found here. The article addresses recent U.S. Supreme Court decisions that redefine the…
Kaine Introduces New Firearms Transfer Legislation; Kalashnikov Announces Plan to Enforce Patents
Kaine Introduces New Firearms Transfer Legislation September 16, 2015; United States Senator Tim Kaine of Virginia has introduced legislation seeking curb “straw sales” and other firearms sales to prohibited persons under federal law. The Responsible Transfer of Firearms Act would require any transferor of a firearm to take “reasonable steps” to make sure that the…
Congressional Research Service Debunks “Epidemic” of Mass Public Shootings
Congressional Research Service Debunks “Epidemic” of Mass Public Shootings On July 30, 2014, in the wake of several high-profile public shootings, the Congressional Research Service published a report on mass shootings. The report challenges media characterizations of the mass public shootings as an “epidemic” and instead shows no significant increase in mass shootings in the…
Los Angeles Bans Large-Capacity Magazines
July 31, 2015; On Tuesday, July 28, the Los Angeles City Council voted unanimously to ban the possession of firearm magazines that hold more than 10 rounds. California already bans the manufacture and sale of large-capacity magazines, however possession of large capacity magazines remains legal. Los Angeles lawmakers saw this as a loophole. Once Mayor…
Tennessee Lawmaker Pushes for Repeal of Bill that Disallows Armed Military Personnel at Recruitment Stations
July 20, 2015; In the wake of the tragic shootings at a military support center in Chattanooga, TN, Rep. Scott DesJarlias of Tennessee seeks to repeal the ban on military personnel carrying firearms at recruitment stations and on base. The proposed legislation is titled “Enhancing Safety at Military Installation Act.” The ban is the result of a…
No Background Checks for Ammunition Under NY SAFE Act; Concealed Carry Amendments in Mississippi
No Background Checks for Ammunition Under New York SAFE Act July 14, 2015; Background checks will not be required under the New York SAFE Act pursuant to a memorandum of understanding (“MOU”) signed by Gov. Andrew M. Cuomo’s director of state operations, James Malatras, and State Senate Majority Leader John Flanagan. Although the provision was…
Corporations Consider Registering Trademarks in Cuba as Trade Relations Expand
April 28, 2015: As relations between the United States and Cuba continue to transform, corporations are beginning to realize the potential to expand their businesses into a country that once was off limits. Selling goods and services in Cuba means that corporations will want to have their brand name and products trademarked in Cuba as…
Spotlight on Asbestos Litigation
March 5, 2015: The current New York asbestos litigation landscape is changing. There are approximately 3,101 active cases pending in New York City Asbestos Litigation (“NYCAL”), ongoing negotiations on the Case Management Order (“CMO”) which seeks to change the current New York City asbestos litigation procedures and a sharp increase in the number of asbestos-related…
USPTO To Reduce Fees for Trademark Applications in 2015
December 19, 2014: Effective January 17, 2015, the USPTO will be reducing filing fees for trademark applications. These changes are meant to promote the use of the USPTO’s efficient electronic filing system. Accordingly, the USPTO will reduce the fee for an application filed using the regular TEAS application form and a TEAS request for transformation…