January 5, 2015:
Happy Holidays from Renzulli Law Firm
Renzulli Law Firm would like to wish all of its friends a healthy and prosperous New Year!
Washington’s I-594 to be Challenged in Court
Earlier this week, a federal lawsuit challenging recently-enacted Initiative-594 was filed in the Western District of Washington. The plaintiffs in the suit are comprised of firearm advocacy groups and also local groups and individuals that frequently share firearms. I-594 created universal background checks for all sales and transfers (including those made online or at gun shows, and loans and/or gifts). The Complaint argues that the language within I-594 is unconstitutionally vague, and asserts that I-594’s criminalization of the non-commercial ‘transfer’ of firearms infringes on a host of Second Amendment rights. A copy of the Complaint can be found here.
Sixth Circuit Court of Appeals Deems Federal Mental Health Firearm Law Unconstitutional
In a landmark decision, a three-judge panel of the Sixth Circuit Court of Appeals recently ruled that “the government’s interest in keeping firearms out of the hands of the mentally ill is not sufficiently related to depriving the mentally healthy, who had a distant episode of commitment, of their constitutional rights.” The plaintiff in this case, Charles Tyler (73), brought suit after being denied from purchasing a firearm (in 2012) due to his being committed by a court to a mental institution in 1986 following an emotional divorce. He was committed for less than one month. A copy of the Sixth Circuit decision can be found here.
U.S. Navy Veteran Sues NY Officials After Having Firearms Confiscated
Donald Montgomery, a Navy vet and retired police officer from Suffolk County, has brought a federal lawsuit against New York officials after having his firearms confiscated earlier this year. The Suffolk County Sheriff’s Department came to Montgomery’s residence to confiscate the firearms just days after Montgomery received treatment from a local hospital for symptoms of insomnia and “mild depression.” The NY SAFE Act requires that mental health professional report patients who are “determined to be threats to themselves or others.” The Complaint alleges that Montgomery’s Second, Fourth, Fifth and Fourteenth Amendment protections were violated and that the hospital violated Montgomery’s privacy rights by sharing his medical information with the New York State Police. A copy of the Complaint can be found here.
Michigan Governor Signs New Pro-Firearm Legislation
Michigan Governor Rick Snyder signed two bills Friday aimed at reforming concealed carry laws. The bills, SB 789 and SB 790, will decommission county firearm boards that were previously tasked with deciding whether or not to issue concealed carry permits to Michigan residents. The bills also provide for a reduction in the cost for a concealed carry permit and expedition of the permit renewal process. A copy of SB 789 can be found here. A copy of SB 790 can be found here.
Renzulli Law Firm is Monitoring Firearm-Related Legislative Developments
Renzulli Law Firm, nationally recognized as one of the premier law firms in the country serving the Firearms Industry, is monitoring legislative developments affecting the industry and publishing regular updates which are available by e-mail and on this website. Any questions you may have about these developments should be directed to John F. Renzulli or Christopher Renzulli.