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 firearm does not wind up in the hands of a person prohibited from possessing firearms under federal law.  Senator Kaine has not elaborated on what “reasonable steps” would be required of firearms sellers. Federal law already prohibits the sale of firearms to a person the seller knows or has reasonable cause to believe is prohibited from owning a firearm. The Responsible Transfer of Firearms Act purports to require some undefined, affirmative act beyond the current federal requirements. 

Kalashnikov Announces Plan to Enforce Patents

In a September 10, 2015 press release, Concern Kalashnikov announced its intent to consolidate its global intellectual property rights and pursue enforcement of its trademarks. Concern Kalashnikov’s efforts, however, may be too little, too late. Kalashnikov technology has been imitated and improved upon for years after its technology was distributed freely to Eastern bloc countries by the Soviets during the Cold War. As a result, Kalashnikov technology would not be subject to patent protection in most countries and most AK-related technologies do not use the Kalashnikov name.

Broken Firearm Not a “Deadly Weapon” Under Ohio Law

On September 10, 2015 the Supreme Court of Ohio in In re J.T. held that an inoperable firearm does not constitute a deadly weapon for purposes of the state’s law criminalizing the concealed carry of a deadly weapon.  The Ohio criminal code defines “deadly weapon” as “any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.” The court noted that a firearm’s “essence as a deadly weapon ended when it became inoperable.” The inoperable firearm would only turn into a deadly weapon if it was used as a bludgeon. A copy of the court’s opinion 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.