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CALIFORNIA FEDERAL JUDGE FINDS LARGE CAPACITY MAGAZINE BAN UNCONSTITUTIONAL
On September 22, 2023, District Judge Benitez of the United States District Court for the Southern District of California issued a decision finding California’s “large-capacity” magazine ban unconstitutional. California’s large-capacity magazine ban, codified at California Penal Code § 32310, has been the subject of litigation since 2017. It was initially prevented from going into effect in…
CALIFORNIA’S RESTRICTIVE FIREARMS ADVERTISING LAW BLOCKED BY FEDERAL COURT
September 14, 2023 – Today, the United States Court of Appeals for the Ninth Circuit blocked a California law banning firearm advertisements that “reasonably appear to be attractive to minors,” saying the law related to protected commercial free speech and was unlikely to reduce gun violence or the unlawful use of firearms. As we previously…
ATF ISSUES PROPOSED RULE CHANGING THE DEFINITION OF “ENGAGED IN THE BUSINESS” AS A DEALER IN FIREARMS
September 12, 2023 – The Department of Justice (“DOJ”) has issued a notice and request for comments relating to proposed amendments to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) regulations for the purpose of implementing the provisions of the Bipartisan Safer Communities Act (“BSCA”), which became effective June 25, 2022. These amendments primarily…
NEW YORK TO BECOME A POINT OF CONTACT STATE FOR FIREARM AND AMMUNITION SALES
August 30, 2023 – New York will soon become the fourteenth state to serve as the point-of-contact (“POC”) for background checks on purchasers. Beginning on September 13, 2023, federal firearms licensees in New York will contact the New York State Police to conduct background checks, instead of contacting the FBI using the National Instant Criminal…
SUPREME COURT ALLOWS GHOST GUN REGULATION TO REMAIN IN EFFECT
August 8, 2023 – In a 5-4 decision issued today, the Supreme Court is allowing ATF’s Final Rule aimed at regulating so-called ghost guns to remain in effect. Chief Justice John Roberts and Justice Amy Coney Barrett joined the three liberal leaning justices in the majority, issuing a short order stating, “the application for stay…
ILLINOIS ENACTS “ANTI-PLCAA” LAW TARGETING COMMERCIAL FREE SPEECH
August 24, 2023 – Illinois recently enacted HB0218, the Firearm Industry Responsibility Act (“FIRA” or “Act”). FIRA provides a statutory nuisance claim designed to serve as an exception to the immunity provided by the Protection of Lawful Commerce in Arms Act (“PLCAA”). The Act also criminalizes First Amendment-protected commercial free speech by prohibiting “firearm-related product”…
ILLINOIS SUPREME COURT UPHOLDS THE PROTECT ILLINOIS COMMUNITIES ACT AGAINST STATE LAW CHALLENGES
On August 11, 2023, the Illinois Supreme Court issued a decision in Caulkins v. Pritzker, one of the lawsuits challenging Illinois’ ban on “assault weapons” and large capacity magazines, as codified in the Protect Illinois Communities Act (“PICU”). Although the court upheld the PICU, plaintiffs had originally challenged it only on state law grounds. Specifically,…
FIFTH CIRCUIT DENIES THE ATF’S REQUEST TO KEEP ITS EXPANDED DEFINITION OF A “FIREARM,” “FRAME” OR “RECEIVER” IN EFFECT PENDING APPEAL
July 28, 2023 – As previously reported, the ATF issued Final Rule 2021-05F (“Final Rule”), which, among other things, changed the definition of a “firearm” to include partially completed frames and receivers, effective August 24, 2022. Various plaintiffs filed a lawsuit challenging two aspects of the Final Rule, specifically, the change in the definition of…
FEDERAL COURT STRIKES DOWN ATF’S FINAL RULE THAT RE-DEFINED “FRAME” AND “RECEIVER”
July 4, 2023 – On Friday, the U.S. District Court for the Northern District of Texas issued an order vacating the controversial ATF Rule that changed the statutory definition of “firearm” under the Gun Control Act of 1968 to include partially complete frames and receivers. In August of 2022, the ATF enacted Final Rule 2021-05F which was…
DEMOCRATS PROPOSE LEGISLATION BANNING “BUY NOW, PAY LATER” FINANCING FOR SEMIAUTOMATIC FIREARMS
July 14, 2023 – 19 Democratic members of the US House recently proposed a bill that would prohibit the making of short-term, Buy Now, Pay Later (“BNPL”) loans for the purchase of semiautomatic “assault weapons.” The bill, H.R. 9686, also known as the Assault Weapon Financing Accountability Act (the “Act”), was introduced by Connecticut Representative…
CONNECTICUT PASSES NEW FIREARMS LEGISLATION
June 23, 2023 – Earlier this month, Connecticut House Bill 6667, entitled “An Act Addressing Gun Violence” went into effect. This new law includes many changes to the types of firearms available to Connecticut residents, the legal age and permitting requirements to purchase firearms, ammunition and magazines, and how retailers conduct business in Connecticut. The bill…
Supreme Court Decision Strengthens Ability of Firearms Brands to Combat Infringement and Dilution
June 12, 2023 – Unauthorized and infringing use of the trademarks, trade dress and brands of firearms industry members on items such as apparel, accessories and other merchandise is a widespread concern. Late last week, the Supreme Court issued a unanimous ruling overturning a previous decision by the Ninth Circuit Court of Appeals that, had…
Tennessee Enhances Legal Protection for the Firearms Industry
While some states have pushed legislation designed to evade federal law to hold firearms manufacturers and sellers liable for rising violent crime perpetrated by third parties, Tennessee has taken steps to bolster protection for the firearms industry against such lawsuits. Governor Bill Lee recently signed TN Senate Bill 0822 into law which is similar to the Protection…
Congressional Democrats Explore New Way to Implement Gun Control
May 12, 2023 – Last week, Democratic Senators Cory Booker and Elizabeth Warren joined Democratic representative Robin Kelly and introduced the “Firearm Safety Act of 2023.” The Bill is deceptively short, with a mere eleven lines of text, but could have far reaching consequences for the firearms industry. If enacted, this Bill would remove the firearms exemption…
Illinois District Court Grants Preliminary Injunction Prohibiting Enforcement of the Illinois Assault Weapons Ban
April 29, 2023 – A federal judge in the US District Court for the Southern District of Illinois issued an Order granting plaintiffs’ consolidated motions for preliminary injunction prohibiting statewide enforcement of the Illinois assault weapons ban, the Protect Illinois Communities Act (“PICA”), until there can be a final determination of the merits as to the law’s…
Washington Bans Sale of “Assault Weapons,” while Similar Bill in Colorado Fails
April 28, 2023 – This week, Washington became the tenth state to pass legislation broadly restricting the sale, manufacture, and transfer of “assault weapons.” Washington now joins California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, and New York, as well as the District of Columbia, as jurisdictions with “assault weapons” bans. This follows Washington’s recently…
Texas Federal Judge Rejects Preliminary Injunction Against ATF Pistol Brace Rule
On March 30, United States District Judge Reed O’Connor denied plaintiffs’ request for a preliminary injunction preventing the ATF from enforcing its recent rule effectively banning pistol braces. The case, William T. Mock, et al. v. Merrick Garland et al., is pending in the Northern District of Texas and was brought by the Firearms Policy Coalition and Maxim…
Federal District Court Rejects California’s “Unsafe Handgun Act” as Unconstitutional
March 20, 2023 – The U.S. District Court for the Central District of California has issued an order enjoining the State of California from enforcing its so-called “Unsafe Handgun Act” on the ground that it violates the Second Amendment under New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111, 2126 (2022). The Unsafe Handgun Act,…
Michigan Legislature Moves Closer to Passing New Firearm Restrictions and Removing State Immunity Protection
March 15, 2023 – In Michigan, the Democrat-controlled Legislature is set to pass a series of firearm related bills aimed at imposing additional restrictions on law-abiding firearm owners. Multiple Bills were recently introduced to the Senate, and a vote is imminent. If passed, these Bills would impose sweeping changes to firearm laws in Michigan, including…
Eleventh Circuit Court Upholds Florida Law Prohibiting Firearm Purchases by Persons Under 21
March 9, 2023 – Today a three judge panel of the U.S. Court of Appels for the Eleventh Circuit issued a decision that Florida’s Marjory Stoneman Douglas High School Public Safety Act (the “Act”) is constitutional. The Act precludes those under 21 from buying firearms while allowing that age group to freely possess and use firearms of…
Illinois Federal Court Holds that “Assault Weapons” and “Large Capacity” Magazines are Not Protected by the Second Amendment
March 6, 2023 – A federal judge in Illinois recently issued a decision in the case of Bevis v. City of Naperville, Illinois holding that the Second Amendment does not apply to “assault weapons” and “large capacity” magazines because they are dangerous weapons that have historically been subject to bans. The City of Naperville, Illinois recently issued a ban on…
ATF’s New Stabilizing Brace Rule Challenged by 26 States and the Firearms Industry
February 10, 2023 – Two significant lawsuits were filed yesterday seeking to block enforcement of the ATF’s recently enacted Final Rule on Factoring Criteria for Firearms With Attached “Stabilizing Braces” (“Final Rule”). As we have reported, under the Final Rule, almost all pistols with a barrel length of less than sixteen inches that are equipped with a…
The Impact of Bruen on Recent Second Amendment Decisions
In September 2022, we reported about the domino effect of the Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, as federal courts began issuing opinions applying this historic precedent. The Supreme Court in Bruen held that the “Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.” Further,…
ATF Publishes Final Rule on Stabilizing Braces
January 31, 2023 – ATF published the final stabilizing brace rule in the federal register. As we reported earlier this month, under this rule, any pistol with a barrel length of less than sixteen inches that is equipped with a stabilizing brace is considered a short-barreled rifle (SBR) and subject to the heightened ownership and transfer restrictions in…