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United States and European Union Agree to Trans-Atlantic Data Privacy Framework   

March 30, 2022 – Late last week, the Biden Administration and the European Commission announced that they had agreed in principle to a framework that would allow the flow of personal information between the United States and the European Union (EU) to continue.  The transfer of this information is critical to the operations of Google,…

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Alabama, Ohio, and Indiana Enact Constitutional Carry Laws

March 24, 2022 – This month, Alabama, Ohio, and Indiana enacted constitutional carry legislation, eliminating the permit requirement for carrying concealed firearms. Alabama Governor Kay Ivey signed H.B. 272 into law, Ohio Governor Mike DeWine signed S.B. 215 into law, and Indiana Governor Eric Holcomb signed H.B. 1296 into law.  With the recent additions of Alabama, Ohio, and Indiana, there are…

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Connecticut Introduces Comprehensive Gun Control Bill

March 17, 2022 – At the start of Connecticut’s 2022 legislative session, Governor Ned Lamont introduced GB-16 “An Act Addressing Gun Violence and Juvenile Crime” for action by the Connecticut legislature.  Governor Lamont, an ardent gun control supporter, stated the bill is “aimed at eliminating gun violence in Connecticut through a series of targeted initiatives” and claimed…

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Congressional Republicans Introduce “No REGISTRY Rights Act”

March 10, 2022 – Earlier this week, Texas Representative Michael Cloud and 44 Republican co-sponsors introduced legislation that would prevent the incidental creation of a federal firearms registry. The “No Retaining Every Gun In a System That Restricts Your Rights Act,” or “No REGISTRY Rights Act” for short, would prevent the ATF from collecting firearm…

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U.S. Department of Justice Challenges Missouri’s Second Amendment Preservation Act in Federal Court

March 3, 2022 – The United States recently filed a complaint in U.S. District Court for the Western District of Missouri challenging the constitutionality of the Missouri Second Amendment Preservation Act, and seeking an injunction prohibiting Missouri from enforcing it. As we previously reported, the Act states that “all federal acts, laws, orders, rules, and regulations,” that infringe on…

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NEVADA SUPREME COURT DENIES PLAINTIFFS’ PETITION FOR REHEARING OF DECISION HOLDING THAT THEIR CLAIMS ARE BARRED BY NEVADA’S IMMUNITY STATUTE

February 24, 2022 – Today the Nevada Supreme Court issued an order unanimously denying plaintiffs’ petition for rehearing from its December 2, 2021 decisionregarding the Nevada firearm industry immunity statute, NRS 41.131(1).  The December 2, 2021 decision was issued in the case of Parsons v. Colt’s Manufacturing Company LLC, et al. and held that NRS 41.131(1) provides the…

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Proposed Arizona Law Would Require Gun Safety Course in Grade School

February 23, 2022 – Arizona State Representative Quang Nguyen recently introduced House Bill 2448, which would require public and charter schools to provide students in grades six through twelve with “one or more training sessions in firearms safety in an age-appropriate manner.”  If enacted into law, Arizona schools would be required to offer firearms safety training…

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Missouri Supreme Court to Decide Case Involving the Second Amendment Preservation Act

On February 7, 2022, the Missouri Supreme Court heard arguments regarding the state’s Second Amendment Preservation Act (the “Act”) in the case of City of St. Louis v. State of Missouri.  The Act, which was signed into law by Governor Mike Parson last Summer, states that “all federal acts, laws, orders, rules, and regulations,” that infringe on the…

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ATF Finalizing Rules To Classify Pistols With Stabilizing Braces As Short-Barreled Rifles

On January 31, 2022, the ATF published a Notice in the Federal Register regarding its plans to finalize the proposed rule regarding Factoring Criteria for Firearms with an Attached Stabilizing Brace that it had first published on June 10, 2021.  The ATF also noted its plans to finalize the proposed rule regarding the Definition of “Frame or Receiver”…

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WASHINGTON STATE SENATE INTRODUCES BILLS TO BAN “ASSAULT WEAPONS” AND “LARGE CAPACITY” MAGAZINES

January 27, 2021 The Washington State Senate recently introduced bills seeking to ban “assault weapons” and “large capacity” magazines.  SB5217 would ban “assault weapons,” which it defines as: (1) dozens of specifically named models; (2) any semi-automatic rifle with an overall length of less than 30”; and (3) “copycat weapons.”  Copycat weapons are defined as any…

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FIREARMS STORAGE BILL INTRODUCED IN MICHIGAN SENATE

January 21, 2022 Democrats in the Michigan State Senate recently introduced a bill, the passage of which would affect firearm sellers, retail purchasers, and existing firearm owners in Michigan. SB550 would require retail dealers to provide a written warning to firearm purchasers and post conspicuous warnings at the counter, informing customers of their legal obligation to safely…

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CALIFORNIA LEGISLATURE PROPOSES BILL TO CIRCUMVENT THE PLCAA

January 14, 2022 A proposed bill was recently introduced in the California Assembly to bypass the immunity provided to members of the firearms industry by the Protection of Lawful Commerce in Arms Act (“PLCAA”).  AB-1594 would add a new provision to the California Civil Code stating that: A gun industry member shall have created or…

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THINGS TO REMEMBER THIS HOLIDAY SEASON

December 24, 2021 With the Holidays upon us, the tradition of family gatherings and last minute gift buying is in full swing. Although most firearm owners are cognizant of and practice safe firearm handling and storage – it is even more important to properly and safely store your firearms when you invite others into your…

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CALIFORNIA GOVERNOR PROPOSES LAW TO ALLOW PRIVATE LAWSUITS AGAINST THE FIREARMS INDUSTRY

December 21, 2021 Governor Newsom recently announced that he has directed his staff to work with the California legislature and Attorney General to draft a bill that would “create a right of action allowing private citizens to seek injunctive relief, and statutory damages of at least $10,000 per violation plus costs and attorney’s fees, against…

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RENZULLI LAW FIRM ACHIEVES VICTORY IN PRODUCT LIABILITY CLAIM AGAINST FLARE LAUNCHER MANUFACTURER

December 16, 2021 Renzulli Law Firm represented an industry leading manufacturer of safety equipment in a lawsuit pending in federal court in Indiana.  Plaintiff claimed that one of defendant’s products, a marine flare launcher, caused her serious injuries due to an alleged defect in design.  Plaintiff was using the product in her home for self-defense…

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D.C. VOTES TO AMEND ITS “GHOST GUN” BAN IN RESPONSE TO LEGAL CHALLENGE

November 23, 2021 On November 16, 2021, the D.C. Council voted to amend its recently enacted law banning “ghost guns” on an emergency basis in response to a lawsuit filed by Dick Heller.  Renzulli Law Firm, LLP previously reported on the lawsuit filed against the District of Columbia in the U.S. District Court for the District of Columbia challenging the constitutionality…

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NINTH CIRCUIT UPHOLDS CALIFORNIA’S BAN ON MAGAZINES WITH A CAPACITY OF MORE THAN TEN ROUNDS

December 2, 2021 In a split decision by an en banc panel in the case of Duncan v. Bonta, the U.S. Court of Appeals for the Ninth Circuit upheld California’s ban on magazines with a capacity of more than ten rounds (often referred to as large-capacity magazines). In so doing, the court reversed a decision by Judge Benitez of the U.S. District…

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NEVADA SUPREME COURT HOLDS THE NEVADA IMMUNITY STATUTE PROHIBITS CLAIMS AGAINST FIREARM DEFENDANTS FROM THE ROUTE 91 HARVEST FESTIVAL SHOOTING

December 2, 2021 Today the Nevada Supreme Court unanimously held that the Nevada firearm industry immunity statute, NRS 41.131(1), provides the manufacturers and dealers of the AR-type rifles used in the October 1, 2017 shooting at the Route 91 Harvest Festival in Las Vegas with immunity from the lawsuit filed against them. The court’s decision was issued in…

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‘Tis the Season for Internet Scams

November 18, 2021 The holiday season is upon us, and along with the increase in online shopping comes an increase in online scammers. At Renzulli Law Firm, we have been tracking an increase in the number of scam sites which use the name of a legitimate company in the domain name in order to attract…

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NEW YORK STATE ENACTS NEW GUN CONTROL LAWS

November 12, 2021 Several New York bills were recently signed into law banning “ghost guns,” defining the term “unfinished frame or receiver,” and expanding the definition of “disguised guns.” These new laws are poorly written, conflict with federal law, expand the class of prohibited items, and are likely to result in significant confusion. S.13A/A.2666A, the…

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ILLINOIS SUPREME COURT STRIKES DOWN FIREARM AND AMMUNITION TAX

October 29, 2021 The Illinois Supreme Court issued a 6-0 decision this week holding that two Cook County ordinances that impose a tax on the retail purchase of firearms and ammunition violate the Illinois State Constitution. This case arises from a 2012 ordinance enacted by the Cook County Board of Commissioners that imposed a $25 tax on…

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Pennsylvania Supreme Court Allows Lawsuit Challenging Local Firearm Restrictions to Go Forward

October 22, 2021 The Pennsylvania Supreme Court issued a ruling this week allowing a group of plaintiffs to proceed with their lawsuit challenging firearm restrictions enacted by the City of Harrisburg, PA.  The court held that the plaintiffs were entitled to proceed with their lawsuits even though they have not yet been prosecuted for violations of the…

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PROPOSED ILLINOIS LEGISLATION WOULD ALLOW ANYONE TO SUE THE FIREARMS INDUSTRY IN STRICT LIABILITY FOR INJURIES CAUSED BY THE UNLAWFUL DISCHARGE OF FIREARMS

October 8, 2021 The Firearms Dealer and Importer Liability Act, a/k/a/ the Protecting Heartbeats Act, HB4156, which was introduced in Illinois on September 28, 2021 would hold firearms manufacturers, importers and dealers strictly liable for any bodily injury or death caused by the unlawful discharge of a firearm in Illinois.  It would allow anyone, other than…

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American Bar Association Weighs In On Major Second Amendment Case

October 1, 2021 According to the American Bar Association (“ABA”), state and local governments have the right to tailor firearms regulations according to their own judgment regarding public health and safety.  This was the broad theme of an amicus brief filed by the ABA last week in New York State Rifle & Pistol Association Inc. v.…

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