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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…
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…