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NY Court of Appeals Rules Part-Time Residents Cannot be Denied Their Right to Keep and Bear Arms
October 17, 2013: The New York Court of Appeals ruled by a 7-0 vote Tuesday that part-time residents of a county or city in New York are eligible for gun permits (see Osterweil v. Bartlett decision). A panel led by Judge Eugene Pigott Jr. clarified the State’s pistol and revolver license statute in the decision,…
UPDATE: CA Gov. Vetoes Four; Signs Nine
October 11, 2013: Further to our update this afternoon, Governor Brown’s decisions on thirteen pending firearms bills have been released. Among the highlights are Gov. Brown’s approval of the bill banning lead ammo by 2019 (AB 711) and permitting “federal law enforcement” to purchase non-rostered handguns (SB 363), and his veto of the bills proposing…
CA D-Day Looms, but there is a silver lining; CO Flooding Highlights Flaws in New Legislation
October 11, 2013: Thirteen firearms bills continue to await California Gov. Jerry Brown’s decision. Gov. Brown has until Sunday to approve or veto the pending legislation, which, among other things, would ban all semi-automatic centerfire rifles without fixed magazines, ban lead ammunition, revise some statutory definitions applicable to “assault weapons,” impose further restrictions and increased waiting…
RLF Joins the Fight Against the NY SAFE Act
October 3, 2013: Last week, RLF filed an amicus curiae (friend of the court) brief on behalf of the National Shooting Sports Foundation in the New York State Rifle and Pistol Association v. Cuomo case, which is currently pending in the U.S. District Court for the Western District of New York. The brief, which was filed…
New Laws and New Lawsuits
September 30, 2013: Tomorrow, provisions of new firearms laws enacted by several states take effect: Connecticut: Ammunition buyers in Connecticut who do not possess either a permit to carry a handgun, or a long gun eligibility certificate, will be required to obtain an ammunition eligibility certificate. North Carolina: The expanded concealed carry rights we previously reported…
New Colorado Suit Takes Aim at Governor; Second Effort in NJ?
September 23, 2013: Colorado: The Rocky Mountain Gun Owners have filed the second suit this year in Colorado challenging Colorado’s new background check laws and magazine capacity restrictions. The suit was filed on September 4th in the District Court for the City and County of Denver and asks the Court to find the new laws…
New Laws Coming in CA?; No Veto Override in MO
September 13, 2013: California: Last night a bill that would have banned and required confiscation of all magazines that are or were capable of holding more than 10 rounds died for good in the Assembly. Nevertheless, after this week’s activity thirteen new firearms laws now await the California Governor’s signature. Among the pending legislation are bills:…
New ATF Regulations; Missouri Legislative Veto; Jail Time for FFLs?
September 6, 2013: Following the new executive orders signed by President Obama, a new set of regulations pertaining to firearms trusts/corporations has been sent to the White House for review. Although the regulations are anything but final, flaws in them are already receiving attention. Among other things, the new regulations would require applications to transfer…
Recent Legislative Developments
August 30, 2013: In the past week, laws have been enacted and previously passed laws have become effective and been struck down in Court. These happenings are summarized below: Illinois: Gov. Quinn signed into law a bill which imposes background checks on “anyone” selling or transferring a firearm and requires all citizens to report lost…
NJ Gov. Vetoes Anti-Firearms Laws
August 20, 2013: Just one week after signing 10 pieces of firearms legislation, Governor Chris Christie vetoed the two most controversial firearms bills passed by the NJ legislature: the proposed .50 caliber firearm ban and Senate President Sweeney’s “kitchen sink” bill. A3659 The fifty caliber gun ban, which the Governor previously supported, was vetoed in…
NH Sup. Ct.: Loaded means Loaded; New Federal Legislation Introduced
August 16, 2013: The New Hampshire Supreme Court recently held that loaded means loaded when it comes to concealed handguns. Although this seems like a simple and obvious concept, it turned out to be an issue that had to be resolved by the New Hampshire Supreme Court. The criminal prosecution which produced the dispute involved…
Renzulli Law Firm Victory in CT
August 9, 2013 : Attached is a short summary of a ruling we recently received for one of our firearms retailer clients in Connecticut granting summary judgment and dismissing the lawsuit against the retailer. It was a creative (yet unsuccessful) attempt by the Brady Center to revive their original case – which we were previously…
NJ Gov. Signs 10 Firearms Bills, Ignores the Controversial Ones
August 9, 2013: Some 16 pieces of firearms legislation were sent to NJ Gov. Chris Christie earlier this summer, and, until yesterday, his only action on those bills was to veto a bill prohibiting the State Pension Fund from investing in manufacturers or sellers of assault weapons. Yesterday, however, Christie signed 10 of the 15 remaining…
lllinois Concealed Carry Will have to Wait; New CT Permits; NC Gov. Quick on Gun Laws
July 31, 2013: We previously reported that a motion had been filed in Illinois Federal court challenging Illinois’ new concealed carry law on the basis that the 270-day period set by the statute for establishing the permitting program extended Illinois’ unconstitutional prohibition on concealed carry. The motion was filed as a part of the original…
NC Handgun Permits Remain; Bill Encouraging ATF Tracking in the Works
July 25, 2013: The North Carolina bill we reported on last month that would have eliminated permit and background check requirements for the purchase of handguns finally cleared both the House and the Senate on Tuesday–but those provisions of the bill were deleted. As such, the bill headed to the Governor’s desk essentially expands NC…
Challenges to Gun Control Legislation Continue At All Levels
July 17, 2013: Last week, Renzulli Law Firm filed an action on behalf of the National Shooting Sports Foundation challenging the new Connecticut gun control legislation (for more information on this lawsuit click here). Since then, at least two more legal challenges to other recently enacted legislation have been filed elsewhere in the country: Illinois Last…
MS County Judge to Decide Open Carry Law
July 12, 2013: Mississippi’s open carry law, which was scheduled to become effective on July 1, was recently put on hold when a Hinds County Circuit Court judge issued a temporary restraining order preventing the law from becoming effective. On Monday, the court heard arguments on whether a preliminary injunction should be issued and decision…
NSSF and RLF Challenge CT Gun Laws
July 12, 2013: Earlier this week Renzulli Law Firm on behalf of the National Shooting Sports Foundation, Inc. filed a lawsuit challenging Connecticut’s new gun control legislation on the basis that the emergency certification process was improperly used to push the bill through the legislature. The lawsuit claims, among other things, that the emergency certification…
Colorado and Connecticut Laws Go Into Effect; Cuomo’s Dismissal Effort
July 2, 2013: Yesterday, provisions of the new firearms legislation passed in Colorado and Connecticut earlier this year became effective. The newly effective provisions in Colorado include limiting ammunition magazines to 15 rounds and universal background check requirements. In Connecticut, the forms required to obtain certificates to purchase shotguns, rifles and ammunition became available yesterday.…
Controversy (and 13 Bills) Await NJ Gov.
June 28, 2013: In New Jersey, four more pieces of firearms legislation were sent to Governor Chris Christie this week. These bills follow three others which were sent to the Governor at the end of last week, making a total of thirteen firearms bills now pending the Governor’s approval (see below). One of the bills,…
Delaware Senate Shocks AG; “Strict Liability” Dead in Maine
June 28, 2013: Last night, the Delaware Senate emphatically rejected a bill backed by AG Beau Biden, son of VP Joe Biden, that was designed to keep firearms out of the hands of mentally ill persons. The rejection apparently “shocked” the AG because the final version of the bill had received a neutral stance from…
Maine Law Takes Unexpected Turn; Alaska Governor Approves 2nd Amendment Preservation Act
June 25, 2013: The Maine Legislature voted to pass an amended version of the background check bill we have been following. The amended version awaits the Governor’s approval or veto (available here). If approved, the bill will create both a “strict liability” offense for selling or transferring a firearm to a prohibited person and a…
UPDATE: Maine Background Check Bill Defeated in Senate
UPDATE: Yesterday afternoon, we reported on a bill in the Maine legislature relating to background checks that was pending a Senate vote that could have sent the bill to the Governor’s desk. Just before 4pm last night, however, the Senate voted and the bill was defeated by a vote of 19 to 17. Later on,…
NC Senate: No Permit Needed; Universal Background Checks Dead in Nevada, On the Horizon in Maine?
On June 13, 2013 the North Carolina Senate passed legislation which would allow citizens to purchase handguns without obtaining a permit. The elimination of current permit requirements was part of a Senate amendment, so the legislation, which originated in the House of Representatives, has now been sent back to the House of Representatives for a concurrence vote. …