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ATF FILES PETITION FOR REHEARING EN BANC TO THE FOURTH CIRCUIT IN THE HIRSCHFELD V. ATF CASE
September 15, 2021 As Renzulli Law Firm previously reported, in a 2-1 decision dated July 13, 2021, a panel of the Fourth Circuit Court of Appeals declared the provision in the Gun Control Act prohibiting federally licensed firearms dealers from transferring handguns to persons between 18-20 years old to be unconstitutional on the basis that…
Texas Constitutional Carry Law Takes Effect
September 3, 2021 On September 1, 2021, Texas House Bill 1927 took effect, making Texas the 21st state to eliminate a license requirement to carry a handgun. Prior to Sept. 1, Texans were required to submit fingerprints, complete four to six hours of training, and pass a written exam and shooting proficiency test to obtain a…
U.S. Supreme Court to Hear Oral Argument in Pivotal Second Amendment Case
August 18, 2021 It was announced yesterday that the case of New York State Rifle & Pistol Association, Inc. v. Keith M. Corlett, in His Official Capacity as Superintendent of New York State Police is scheduled for oral argument before the Supreme Court on November 3, 2021. The appeal is the final step in a lawsuit challenging…
US Court of Appeals for the Third Circuit Issues Precedential Second Amendment Decision Reinstating Challenge to Pennsylvania Zoning Restrictions
August 24, 2021 On August 17, 2021, the U.S. Court of Appeals for the Third Circuit issued a precedential Second Amendment decision in the case of Drummond v. Robinson Township. The court reversed the district court’s dismissal of a lawsuit brought by William Drummond against Robinson Township challenging certain zoning regulations it put in place after…
USPTO Publishes Draft Regulations That Allow Anonymous Challenges to Trademark Registrations
August 9, 2021 In late 2020, Congress passed the Trademark Modernization Act of 2020 (“TMA”), the first major revision to U.S. trademark law in years. The TMA will have an impact on many current and prospective trademark owners (for more information on how the TMA affects trademark owners outside the U.S., click here). The TMA directed…
ATF INTRODUCES GUIDANCE TO INCREASE THE REVOCATION OF FFLS
JULY 27, 2021 The ATF’s Acting Assistant Director for Field Operations issued a memorandum on July 14, 2021 directing the ATF to seek to revoke an FFL for situations that previously would not have likely justified revocation. The subject of the memorandum is “Implementation of the Administration’s Comprehensive Strategy to Prevent and Respond to Gun Crime and…
Fourth Circuit Strikes Down Gun Control Act Ban as Unconstitutional
July 16, 2021 In a 2-1 decision dated July 13, 2021, the Fourth Circuit struck down certain provisions of the Gun Control Act (“GCA”) as a violation of the Second Amendment. At issue in Hirschfeld v. ATF were the federal statutes that prohibit licensed dealers from selling handguns and handgun ammunition to 18-, 19-, and 20-year-olds. It…
NEW YORK GOVERNOR SIGNS LAW INTENDED TO BYPASS THE PLCAA AND DECLARES GUN VIOLENCE EMERGENCY
On July 6, 2021, Governor Cuomo signed Senate Bill 7196 (which is a revised version of Senate Bill 1048A) into law. The express purpose of SB7196 is to bypass the immunity provided to members of the firearms industry by the Protection of Lawful Commerce in Arms Act (“PLCAA”). It does so by creating a broad…
Biden Administration Announces “Zero Tolerance” Enforcement of Firearm Dealer Laws and Regulations
June 24, 2021 In a national address on Wednesday, President Biden and Attorney General Merrick Garland revealed the Administration’s plan to address the rising level of violent crime across the country by specifically targeting firearm dealers. They will be implementing a “zero tolerance” policy with respect to alleged “rogue gun dealers” who fail to abide…
PROPOSED NEW FEDERAL GUN CONTROL LEGISLATION
June 5, 2021 On May 18, 2021, seven Democratic members of the House of Representatives introduced H.R. 3299, the Protecting Our Communities Act. The text of H.R. 3299 is not yet available and its official name is currently “To help reduce gun violence through background checks and the National Firearms Act and for other purposes.” …
CONSTITUTIONAL CARRY BILL HEADED TO TEXAS GOVERNOR
June 5, 2021 On May 27, 2021, the Texas legislature passed H.B. 1927, the Firearm Carry Act of 2021. H.B. 1927 would allow persons who are at least twenty-one years old, are not prohibited by federal or state law from possessing firearms, and are not intoxicated, to carry a handgun concealed or openly (in a…
Connecticut Looks to Reinstate COVID-19 Executive Order that Suspended Processing of Firearm Permit Applications
May 27, 2021 Shortly after the COVD-19 pandemic took hold in the spring of 2020, State Governors began to impose sweeping Executive Orders with the stated purpose of combating infections and “flattening the curve.” On March 17, 2020, Connecticut Governor Ned Lamont issued Executive Order 7E which suspended Conn. Gen. Stat. § 29-17c, a law…
Supreme Court References Red Flag Laws in Fourth Amendment Unlawful Search and Seizure Case
May 22, 2021 ATF Officially Publishes its Proposed Changes to Alter the Federal Definition of a “Firearm” On May 21, 2021, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (“ATF”) published its official proposal to amend the federal definition of a “firearm,” and implement other corresponding changes. RLF previously reported that the new proposal is…
ATF Officially Publishes its Proposed Changes to Alter the Federal Definition of a “Firearm”
May 22, 2021 On May 21, 2021, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (“ATF”) published its official proposal to amend the federal definition of a “firearm,” and implement other corresponding changes. RLF previously reported that the new proposal is designed to enable the federal government to regulate and control the production of so-called…
ATF Documents Reveal Proposed Regulations on “Ghost Guns”
April 22, 2021 The Bureau of Alcohol, Tobacco, Firearms and Explosives’ plan to regulate “ghost guns” is starting to take shape. A 107-page internal document was leaked yesterday which included a number of proposals specifically targeted at manufacturers and sellers of 80% receivers and component parts, often referred to as “ghost guns.” These proposals surfaced two weeks after…
ATF Documents Reveal Proposed Regulations on “Ghost Guns”
April 23, 2021 The Bureau of Alcohol, Tobacco, Firearms and Explosives’ plan to regulate “ghost guns” is starting to take shape. A 107-page internal document was leaked yesterday which included a number of proposals specifically targeted at manufacturers and sellers of 80% receivers and component parts, often referred to as “ghost guns.” These proposals surfaced two weeks after…
Walmart Win Provides Lifeline for Companies Dealing With CCPA Private Actions
April 15, 2021 The California Consumer Protection Act (CCPA), which went into effect on January 1, 2020, permits private citizens to sue companies for failing to adequately protect their personal information in addition to imposing regulatory fines connected to the rights of California residents under the CCPA (read more about the CCPA here and here). …
EXECUTIVE AUTHORITY TO BAN BUMP STOCKS QUESTIONED
April 4, 2021 After a series of set-backs endured by bump stock owners and gun rights organizations around the country, on March 25, 2021, the U.S. Court of Appeals for the Sixth Circuit in the case of Gun Owners of America, Inc. v. Garland, held that bump stocks cannot be classified as “machineguns” as defined…
Ninth Circuit Rules There is No Constitutional Right to Carry
March 26, 2021 This week an en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued a 7-4 decision holding that states may regulate and restrict the public carry of firearms. This decision reversed a prior holding of the same court that had struck down as unconstitutional a Hawaii County statute that effectively limited the issuance…
RLF OBTAINS DISMISSAL FOR PISTOL MANUFACTURER PURSUANT TO THE PLCAA
March 19, 2021 The U.S. District Court for the District of Arizona issued a decision on March 11, 2021 granting a motion to dismiss pursuant to the Protection of Lawful Commerce in Arms Act (“PLCAA”) that Renzulli Law Firm had filed on behalf of a pistol manufacturer. Plaintiff was shot and severely injured (paraplegia) while a…
Multiple States Attempt to Preempt Potential New Federal Firearm Restrictions
March 12, 2021 It is no secret that the Biden Administration – along with a Democrat led Congress – is attempting to enact new federal firearms restrictions into law. The new Administration recently called on Congress to pass laws requiring background checks on all firearms sales, ban “assault weapons” and high-capacity magazines, and eliminate the…
CONGRATULATIONS TO NEW PARTNERS PETER V. MALFA AND JOAN GASIOR
March 5, 2021 CONGRATULATIONS TO NEW PARTNERS PETER V. MALFA AND JOAN GASIOR Renzulli Law Firm, LLP is proud to announce our new partners to the firm, Peter V. Malfa and Joan Gasior. Since joining the firm, Peter has been an important addition to the firm’s national litigation practice representing domestic and foreign clients in…
NRA Countersues New York Attorney General
March 2, 2021 The latest chapter in the saga of Letitia James’ attempts to dismantle the NRA unfolded this week, as the NRA countersued the New York Attorney General, claiming that she has violated the group’s rights under the New York Constitution and engaged in her present lawsuit to pursue a political vendetta. The counterclaims…
Biden Considers Executive Action to Control “Ghost Guns”
March 2, 2021 Over the course of last year’s Democratic Party Primary and the General Election, then-Candidate Biden unveiled a gun control agenda that ranged from “common-sense” initiatives to truly outlandish efforts such as banning all online sales of ammunition (if you missed it, you can read Renzulli Law Firm’s summary of the Biden agenda…