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NY SAFE Act Permit Revocation
April 28, 2014: In New York, the SAFE Act’s mental illness reporting provisions resulted in a recent permit revocation after the permit holder expressed guilt to his therapist over some lewd acts. Concluding that the permit holder presented a potential danger to himself and others, the therapist reported the matter to the county. The Supreme Court…
New “Shall issue” Legislation; GA’s New Law
April 28, 2014: In the wake of the recent 9th Circuit rulings overturning the “may issue” practices of two California counties, new legislation has been proposed which would make California a “shall issue” state. The bill would amend California Penal Code section 26150 by replacing “may issue” with “shall issue” and expressly providing that self-defense is…
Lawsuits: One Awaiting Decision, One Decided, Two on Appeal
April 18, 2014: Just more than a week ago, the trial ended in the 2nd Amendment challenge to Colorado’s 2013 anti-firearms legislation. Now, the fate of the law rests with Judge Marcia Krieger, and a decision could come any day. At the same time, the federal court challenges to the New York SAFE Act and Connecticut’s…
Lawsuits: One Awaiting Decision, One Decided, Two on Appeal
April 18, 2014: Just more than a week ago, the trial ended in the 2nd Amendment challenge to Colorado’s 2013 anti-firearms legislation. Now, the fate of the law rests with Judge Marcia Krieger, and a decision could come any day. /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:””; mso-padding-alt:0in 5.4pt 0in 5.4pt;…
NY Deadline Approaches; New Laws, Courtroom Activity and Statistics
April 10, 2014: This year New Yorkers have another reason to dislike April 15—it’s the deadline for registering assault weapons under the NY SAFE Act. As the date approaches, many believe that it, like the deadline in CT, will be largely ignored. How the state will respond if it is ignored remains unknown. In addition, firearms…
NYS Troopers Officially Instructed Not to Enforce 7 Round Limit
March 31, 2014: On December 31, 2013, Judge William Skretny of the U.S. District Court for the Western District of New York declared the 7 round loading limitation of Penal Law 265.37 unconstitutional. Nearly three months later, the New York State Police, Office of General Counsel, has revised its field guide to enforcing the New York…
NYS Troopers Officially Instructed Not to Enforce 7 Round Limit
March 31, 2014: On December 31, 2013, Judge William Skretny of the U.S. District Court for the Western District of New York declared the 7 round loading limitation of Penal Law 265.37 unconstitutional. Nearly three months later, the New York State Police, Office of General Counsel, has revised its field guide to enforcing the New York…
Courts Continue to Support Right to Bear Arms; GA Bill Sent to Governor
March 24, 2014: The Supreme Court of Delaware recently ruled that the Wilmington Housing Authority (WHA) cannot set limits on residents’ rights to carry guns in common areas of public housing. In prohibiting such restrictions, the Court noted that placing restrictions on which areas of the public housing residents can possess a firearm conflicts with…
Renzulli Law Firm Obtains PLCAA Dismissal for Large Nationwide Firearms Dealer
March 18, 2014: Renzulli Law Firm, LLP recently obtained a complete defense judgment for a large, nationwide firearms dealer through a motion to dismiss pursuant to the Protection of Lawful Commerce in Arms Act (“PLCAA”). In a case brought in the Supreme Court of Ulster County New York, plaintiff’s decedent, a twenty-three year old woman,…
Firearms Legal Round-Up
March 17, 2014: In California, the 9th Circuit recently issued another victory for firearms owners. The Court followed its previous decision declaring San Diego’s “good cause” requirement to be unconstitutional, and held that Yolo County, California can no longer require residents to prove a threat of violence or robbery to obtain a carry permit. In Pennsylvania,…
Clock Ticking on NJ Smart Gun Law; MO Nullification Law Passes Senate
February 21, 2014: In 2002, NJ passed a law banning the sale of firearms other than “Smart Guns.” The law provides that it becomes effective 3 years after a “Smart Gun” goes on sale in the U.S. Start the clock, because the Armatix iP1 pistol (.22LR, 10 round capacity) is now on sale in California.…
9th Cir. Strikes Down ‘Pressing Need’; CT Gun Law Ignored; IL Registration Law
February 14, 2014: The 9th Circuit Court of Appeals recently struck down a San Diego County policy which required county residents to show a “pressing need” in order to obtain a concealed carry permit. The Court held that the policy was an unconstitutionally restrictive interpretation of California’s “good cause” requirement for obtaining a concealed carry…
CT 2nd Amendment Challenge Dismissed, But Far From Over
February 3, 2014: At the end of last week, a Federal District Judge dismissed the Connecticut Citizen’s Defense League’s (“CCDL”) Second Amendment challenge to Connecticut’s new firearms laws. Although he acknowledged that the law burdens Second Amendment rights and is lacking in clarity, Judge Alfred Covello held that the law does not substantially burden Second…
New Laws and New Legislation
January 31, 2014: With the New Year comes another wave of proposed legislation and already numerous states appear headed towards expanding firearms rights. Among the states seeking to expand firearms rights are: South Carolina (bill permitting concealed weapon permit holders to carry firearms in bars is headed to the Governor for approval); Tennessee (bill proposed…
RLF Speaks at SHOT; NSSF/SAAMI File Suit, Chicago Ban Struck Down
January 21, 2014: At last week’s SHOT Show, John and Christopher Renzulli gave a presentation concerning the best corporate forms for FFLs. The presentation provided an overview of the various corporate forms available to FFLs and addressed the pros and cons of each form in the context of the firearms industry in order to permit…
NY SAFE Act: More clarification; more confusion
January 3, 2014: The last week has produced both clarification and confusion for New Yorkers interested in complying with the NY SAFE Act. Tuesday marked the conclusion (at least for the moment) of the most comprehensive legal challenge to the NY SAFE Act. That lawsuit, filed in early 2013 by the New York State Rifle and Pistol Association, asserted…
Legal Updates, Approaching Deadlines and Emerging Issues
December 23, 2013: In Connecticut, the Connecticut Citizens Defense League’s 2nd Amendment challenge to Connecticut’s new firearms laws is scheduled for a hearing in Hartford, CT before U.S. District Judge Alfred V. Covello on January 30, 2014 at 1pm. Before the hearing date, however, Connecticut citizens will be required to register their assault weapons and large…
Proposed Renewal of 3D Plastic Gun Law Headed to Senate; Support for Stricter Gun Laws Declining
December 5, 2013: The Undetectable Firearms Act expires on December 10. With just 5 days to go, a bill to renew the law for 10 years passed the House of Representatives. Notably, the bill which passed the House did not include any expansion of the existing laws which had been proposed, such as requiring at least…
Renzulli Law Firm Victory in Commercial Arbitration
December 4, 2013: Renzulli Law Firm, LLP recently obtained a complete defense verdict from the American Arbitration Association in a case it arbitrated for one of its firearm industry clients. In Sabre Defence Industries LLC v. Steyr Arms, Inc., et al. the bankruptcy trustee for the company that had previously manufactured AUG rifles in the…
RLF Speaks on Industry Outlook; California Ammo Sales Statute Unconstitutional
November 18, 2013: Earlier this month Renzulli Law Firm offered insights on what the future holds for the firearms industry. Speaking at the National Association of Sporting Goods Wholesalers Expo, John Renzulli and Christopher Renzulli addressed a group of expo attendees in regards to recently passed legislation, its impact on the firearms industry and strategies…
Legislation Brewing in OH
November 4, 2013: In Ohio, a new bill would create incentive for citizens to challenge local government firearms ordinances by awarding successful challengers their attorneys’ fees and court costs, as well as $100 for every day the ordinance remains in effect after the challenge is filed. The bill would also require that state courts rule…
SAFE Act Delays
November 4, 2013: The NY SAFE Act’s ammunition background checks and sales information recording requirements will not go into effect in January. The terms of the statute require background checks for all ammunition sales and require sellers to record various information concerning each ammunition sale, including the name, age and occupation of the purchaser and…
Guide to the NY SAFE Act; RLF to Speak at NASGW and SHOT Shows
October 25, 2013: A guide to the NY Safe Act prepared for the New York State Police recently became public. The 17-page guide (available here) provides explanations on various provisions of the NY Safe Act, including, for instance, the differences in penalties for possession of a magazine loaded with more than 7 rounds in the…
RLF Addresses Nation’s Best Sports
October 17, 2013: Christopher Renzulli was recently asked to speak at the Nation’s Best Sports Fall Semi-Annual Show in Fort Worth, Texas. Nation’s Best Sports, the largest sporting goods volume buying group in North America, has over 300 members which operate more than 800 retail stores, including many firearms and ammunition retailers. This recent presentation focused…