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Lawsuits Filed Challenging Illinois HB 5471 Result in Temporary Restraining Order
On January 10, 2023, Illinois enacted HB 5471, the Protect Illinois Communities Act, which was effective immediately. HB 5471 contains three primary provisions: (1) a ban on “assault weapons”; (2) a ban on .50 BMG rifles and ammunition; and (3) a ban on “large capacity” magazines. HB 5471 was initially introduced on January 31, 2022, solely…
ATF Issues Final Rule Regarding Stabilizing Braces for Pistols
January 13, 2023 – Just in time for SHOT Show, U.S. Attorney General Merrick Garland signed Final Rule 2021R-08F to reclassify pistols with stabilizing braces as short-barreled rifles. Under this rule, any pistol with a barrel length of less than sixteen inches that is equipped with a stabilizing brace that allows it to be fired from the…
ATF Issues Open Letter Concerning Impact of Rule 2021-05F on Partially Complete Pistol Frames
December 29, 2022 – The ATF’s definition of “firearm” was drastically changed with the enactment of Final Rule 2021-05F in August of 2022. In particular, this Rule added a new definition for a “[p]artially complete, disassembled, or nonfunctional frame or receiver,” which includes, among other things, “a frame or receiver parts kit, that is designed to or may…
Buffalo and Rochester, New York File Lawsuits Against the Firearm Industry
On December 20, 2022, the City of Buffalo, New York filed a complaint against numerous manufacturers, distributors, and retailers of firearms, as well as various manufacturers and sellers of 80% receivers, or so-called “ghost guns.” On December 21, 2022, the City of Rochester filed an almost identical complaint against the same defendants. Both complaints raise…
Supreme Court Decision Could Create New Ammunition for Firearm Brands to Fight Infringement
December 19, 2022 – There are countless examples of apparel, accessories, and other merchandise that unlawfully use the trademarks, logos, and brands of firearms manufacturers popular within the industry. Trademarks are powerful tools for consumer and brand protection, but trademark rights do not trump the First Amendment. When an individual uses another’s trademark in an…
Federal Judge to Hear Challenge to California Statute Shifting Attorney’s Fees in Firearms Cases
December 2, 2022 – California recently enacted a statute intended to prevent lawsuits challenging state and local statutes restricting firearms through an onerous attorney’s fees provision. Thus, not only does California continue to enact unconstitutional laws restricting its citizens from exercising their Second Amendment constitutional rights, but it is now trying to punish those that…
The Firearms Industry Has Much to be Thankful for this Year
November 23, 2022 – Happy Thanksgiving to all our friends and family! As Thanksgiving Day approaches, we look forward to seeing family and enjoying a home cooked meal with the people we love. This is a time to be grateful for the things in our lives that we often take for granted. The firearm industry…
New Gun Control Laws in Maryland and Oregon
November 17, 2022 – In the wake of Election Day 2022, at least two new restrictions on the Second Amendment are poised to be enacted. Oregon voters passed a ballot measure that would restrict firearm ownership and ban “large capacity” magazines, and Montgomery County, Maryland passed a new version of an invalidated state law. Oregon …
Federal Court Enjoins New York from Enforcing Significant Provisions of the Concealed Carry Improvement Act
November 7, 2022 – As Renzulli Law Firm previously reported, on July 1, 2022, New York State introduced the so-called Concealed Carry Improvement Act (“CCIA”). In response, Ivan Antonyuk, along with five other New York State residents, all of whom are members of Gun Owners of America, filed a lawsuit against Bruen and several other state actors…
Election 2022: Firearm Laws on the Ballot
November 2, 2022 – The 2022 midterm elections are next Tuesday, November 8, 2022, and early voting has commenced in many states. Although politicians have dominated the news cycle, it is important to remember that other laws and initiatives are also on the ballot. In two states – Iowa and Oregon – citizens will vote…
Mexico Files Second Lawsuit Against the U.S. Firearms Industry
October 28, 2022 – Following the complete dismissal of Mexico’s lawsuit against firearms manufacturers and a distributor by the U.S. District Court for the District of Massachusetts, the Mexican government has turned its attention to firearms retailers closer to the U.S.-Mexico border. On October 10, 2022, Mexico filed a lawsuit in the U.S. District Court for the District of…
ALL RISE. HERE COMES THE JUDGE. Court Is In Session and so is Yankees Playoff Baseball.
October 20, 2022 – While the New York Yankees are in the middle of postseason baseball, a panel of judges at the Trademark Trial and Appeal Board (TTAB) is in the middle of a trademark application opposition case involving Yankees’ star outfielder, Aaron Judge. Judge, who most recently broke the American League record for the most homeruns in…
Federal Court Holds Provisions of New York’s Concealed Carry Improvement Act Unconstitutional
October 13, 2022 – As Renzulli Law Firm previously reported, in response to the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, New York State introduced the so-called Concealed Carry Improvement Act (“CCIA”) on July 1, 2022. The CCIA added new and onerous requirements to obtain a license to carry a handgun in…
Recent Second Amendment Cases from Federal Courts Applying Bruen
September 28, 2022 – The domino effect of the Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen has commenced, as more and more federal courts issue opinions applying this historic precedent. While it remains unclear which federal and state laws will be found unconstitutional under Bruen, it does appear that the lower…
Federal Judge Issues Injunction Limiting ATF’s “Ghost Gun” Rule
September 22, 2022 – In April, 2022, the ATF published Final Rule 2021R-05F that, among other things, revised the definitions of “Frame” and “Receiver” to include some unfinished firearm frames in an attempt to curb the spread of so-called “Ghost Guns.” You can read more about the Final Rule here. The Final Rule went into effect…
Democrats and Their Anti-Gun Lobby Partners Convince Credit Card Companies to Track Firearm Sales
On September 1, 2022, Elizabeth Warren, and several other Democratic Senators and Representatives, sent a letter to the CEOs of Mastercard, American Express, and Visa requesting that the financial institutions adopt a “merchant category code” for firearm and ammunition retailers. On September 9, 2022, it was then announced that the International Organization for Standardization (“ISO”), a Geneva-based…
Federal Court Dismisses Lawsuit Challenging New York’s Concealed Carry Improvement Act
September 8, 2022 – In response to the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, New York State introduced the so-called Concealed Carry Improvement Act (“CCIA”) on July 1, 2022. Among other things, the CCIA prohibits persons from carrying a firearm in an extensive list of “sensitive locations,” including government buildings,…
D.C. CIRCUIT UPHOLDS ATF’S RULE CLASSIFYING BUMP STOCKS AS MACHINE GUNS
August 9, 2022 – A three judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a decision unanimously affirming the trial court’s decision that the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) properly classified bump stocks as machine guns. Although the ATF had previously concluded that bump stocks are not machine guns,…
Colorado Federal Court Enters TRO Barring Enforcement of a Town “Assault Weapons” Ban Based on the Second Amendment
August 9, 2022 – The Town of Superior, Colorado enacted Ordinance No. O-9-2022 on June 7, 2022, which established comprehensive regulations regarding the possession and use of weapons within the town. Among other things, the Ordinance banned the possession, sale, and transfer of “assault weapons,” which it defines based on a features test, within the town effective…
California Joins Rush of Recent Gun Control Legislation
August 1, 2022 – Several states have recently enacted additional gun control laws as the focus on gun control moves out of Washington, DC and into statehouses around the country. In the wake of new gun control measures passed in New York, New Jersey, and Delaware (read more about these laws here), California has finalized its…
CALIFORNIA’S ADVERTISING BAN FACES LEGAL CHALLENGE
On June 30, 2022, California Governor Gavin Newsom signed Assembly Bill 2571 into law. AB 2571 makes it unlawful for any “firearm industry member” to “advertise, market, or arrange for placement of an advertising or marketing communication concerning any firearm-related product in a manner that is designed, intended or reasonably appears to be attractive to minors.” AB…
New York, New Jersey, and Delaware Enact Additional Gun Control Laws
July 7, 2022 – In response to the Supreme Court’s landmark decision striking down New York’s discriminatory and unconstitutional concealed carry handgun permitting process, Democratic leaders of the state rushed through several bills last week that will ultimately make it even more difficult and restrictive to legally carry a concealed handgun for self-defense in New…
PRESIDENT BIDEN SIGNS NEW GUN CONTROL LAWS
June 25, 2022 – President Biden signed into law S. 2938, the Bipartisan Safer Communities Act (the “Act”), which includes a comprehensive package of new gun control laws. The following is an overview of what was ultimately included in the Act and how it will affect the firearms industry. Federal Funding for Red Flag Laws – Nineteen states…
California Assembly Passes Bill to Circumvent the PLCAA
June 10, 2022 – Following New York’s attack against the firearms industry, the California State Assembly recently passed the Firearm Industry Responsibility Act, AB1594. AB1594 is an attempt to negate the immunity provided by the Protection of Lawful Commerce in Arms Act (“PLCAA”). California Assembly Bill 1594 is modeled after a similar New York law that was recently…