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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…
New York State Continues Its Assault on the Firearms Industry and Second Amendment by Passing Additional Gun Control Laws
June 3, 2022 – New York State has continued its attacks against law abiding firearm owners by rushing to pass gun control legislation in response to the shootings in Buffalo, New York and Uvalde Texas. Like with the SAFE Act that was rushed through in 2013, New York’s Democratic Governor and the Democratic leaders of…
FIREARMS INDUSTRY TO APPEAL FEDERAL COURT’S DISMISSAL OF CHALLENGE TO THE CONSTITUTIONALITY OF THE NEW YORK NUISANCE STATUTE
June 2, 2022 – The attack on the firearms industry in New York continues with the issuance of a decision dismissing the industry’s lawsuit challenging New York’s recent public nuisance statute, enacted with the express purpose of attempting to bypass the Protection of Lawful Commerce in Arms Act (“PLCAA”). On July 6, 2021, New York…
Ninth Circuit Strikes Down California’s Age-Based Restrictions on Sales of Semi-Automatic Rifles
May 19, 2022 – In a 2-1 decision issued last week, the U.S. Court of Appeals for the Ninth Circuit reversed a decision by the U.S. District Court for the Southern District of California that had upheld a California statute banning the sale of center-fire, semi-automatic rifles to residents less than 21 years old. This statute went…
What Does the Trademark Modernization Act Mean for Your Business?
May 13, 2022 – In 2020, President Trump signed the Trademark Modernization Act (TMA) into law. After initial regulations were released and commented on by the public, final regulations were published and several key provisions of the law went into effect in December, 2021. You can read more about the history of the TMA’s adoption…
Washington State Supreme Court Holds City Ordinance Regulating Storage of Firearms is Preempted by State Law
May 6, 2022 – In a unanimous decision, the Supreme Court of the State of Washington recently held that a city ordinance enacted by the City of Edmonds regulating the storage of firearms is preempted by state law. The ordinance was passed by the City Council in July 2018, and attempted to require firearm owners to keep their…
“Pistol Brace Protection Act” Proposed to Prevent Pistols with Stabilizing Braces Being Classified as NFA Firearms
April 29, 2022 – Representative James Kanford (R. Okla.), recently introduced S.4069, the Pistol Brace Protection Act (“PBPA”). If enacted, the PBPA would amend the National Firearms Act (“NFA”) to provide that pistols with stabilizing braces are not considered to be short-barreled rifles (“SBRs”). Over the years, the ATF has issued numerous classification letters confirming that…
ATF Reversing Prior Determinations against Dealers and Seeking Revocation Instead
April 19, 2022 – Renzulli Law Firm is aware of several recent circumstances in which the ATF is instituting revocation proceedings against federal firearms licensees (FFLs) where the cases had been previously closed after a warning conference. It appears the ATF is not only taking a “zero tolerance” approach to current situations and audits, but…
Anti-Gun Groups Demand Federal Trade Commission Investigate Firearms Industry
April 12, 2022 – Last week Brady United, Giffords Law Center, March for Our Lives, and the Firearms Accountability Task Force filed a petition with the U.S. Federal Trade Commission (“FTC”) requesting an investigation into the firearms industry’s advertising practices. The petitioners allege that firearm industry members engage in false and misleading advertising by suggesting…
Vermont Enacts Statute Extending the Delay Period to Complete Background Checks
April 8, 2022 – Vermont Governor Phil Scott recently signed Senate Bill 4 (“S.4”), which extends the required waiting period before a federal firearms licensee (“FFL”) can transfer a firearm to someone without an FFL when the results of the National Instant Criminal Background Check System (“NICS”) is still listed as delayed. Federal law allows an FFL…