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SURGE OF ONLINE SCAMMERS IMITATING FIREARMS COMPANIES
February 18, 2021 The Internet is full of scammers, identity thieves, and a host of other criminals. Everyone knows this, and many people do their best to avoid the ever-evolving schemes that circulate in the digital world. But what happens when the scammer doesn’t target you, but instead goes after your customers? Using your company name,…
FIREARMS IMPORT-EXPORT UPDATE PART III – ENFORCEMENT OF EXPORT LAWS BY THE DEPARTMENT OF COMMERCE AND THE VOLUNTARY SELF-DISCLOSURE PROGRAM
February 12, 2021 This is the third and final update regarding the valuable information obtained from the NSSF’s January 11-14 firearms import-export webinars. As explained in our January 21 and January 26 updates, jurisdiction over the export of the majority of firearms and ammunition was formally transferred from the Department of State to the Department…
“Hearing Protection Act” Aimed at Eliminating Red Tape for the Purchase of Suppressors Reintroduced in the 117th Congress
January 16, 2021 H.R. 155, the Hearing Protection Act, first introduced to Congress in 2015, was reintroduced on January 4, 2021, by Republican Congressman from South Carolina, Jeff Duncan. The bill, if passed into law, would remove suppressors from the National Firearms Act (NFA), removing several restrictions on the purchase and possession of suppressors. A…
REPRESENTATIVE HUDSON REINTRODUCES BILL TO ALLOW INTERSTATE CARRY OF CONCEALED HANDGUNS
January 8, 2021 On January 4, 2021, the opening day of the 117th Congress, North Carolina Representative Richard Hudson introduced H.R. 38, the Concealed Carry Reciprocity Act (“CCRA”). This bill would allow a qualified individual to carry a concealed firearm in another state that allows individuals to carry concealed firearms. In order to be considered…
SUPREME COURT PETITIONED TO ADDRESS NEW YORK CONCEALED CARRY LAW
December 31, 2020 As Renzulli Law Firm reported, New York State Rifle & Pistol Association (NYSRPA) previously challenged New York City’s restriction on traveling with firearms outside of New York City. Although the Supreme Court accepted the case for review, New York City removed its restrictions before the case was heard by the Court. The…
THINGS TO REMEMBER WHEN GIFTING FIREARMS THIS HOLIDAY SEASON
December 23, 2020 With the Holidays upon us, the tradition of last minute, frenzied gift buying is in full swing. For sport shooters, hunters, and collectors what could be better than receiving a brand new firearm or a family heirloom that is being passed down to a younger generation? Despite our good intentions, there are…
ATF TAKING STEPS TO CLASSIFY PISTOLS WITH STABILIZING BRACES AS SHORT-BARRELED RIFLES
December 18, 2020 The ATF is expected to publish a notice in the Federal Register today regarding “Objective Factors for Classifying Weapons with ‘Stabilizing Braces.’”. This notice suggests that the ATF is changing its interpretation of firearms with stabilizing braces and will treat the majority of them as short-barreled rifles that are subject to the National Firearms…
WHAT DOES A BIDEN ADMINISTRATION MEAN FOR THE FIREARMS INDUSTRY?
December 14, 2020 While President Trump’s legal challenges to the election results continue, it becomes more apparent every day that on January 20, 2021, Joseph R. Biden Jr. will be sworn in as the 46th President of the United States. What does a Biden administration mean for the firearms industry? Biden’s team released an extensive…
HAPPY THANKSGIVING – A PERFECT TIME TO HUNT
November 25, 2020 As Thanksgiving Day approaches, we look forward to seeing family and enjoying a fantastic 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. For many, however, Thanksgiving is also inescapably linked to hunting season. …
FEDERAL LEGISLATION INTRODUCED TO CIRCUMVENT THE PLCAA
November 11, 2020 Democratic members of Congress have introduced the Stopping the Fraudulent Sales of Firearms Act (S. 4718/HR __) to make it easier for plaintiffs to plead around the immunity provided by the Protection of Lawful Commerce in Arms Act (“PLCAA”). The Stopping the Fraudulent Sales of Firearms Act is an effort to provide a federal…
CALIFORNIA VOTES “YES” ON NEW PRIVACY RIGHTS ACT
November 9, 2020 California voters cast their ballots for more than elected officials on Election Night. In a ballot initiative titled Proposition 24, Californians voted “yes” to strengthen existing data privacy laws with the implementation of the California Privacy Rights Act (CPRA). The CPRA is intended to strengthen the existing California Consumer Privacy Act (CCPA),…
MICHIGAN JUDGE STRIKES DOWN SECRETARY OF STATE’S DIRECTIVE BANNING OPEN CARRY AT POLLING PLACES ON ELECTION DAY
October 31, 2020 Michigan Court of Claims Judge Christopher Murray recently issued a preliminary injunction against Michigan Secretary of State Jocelyn Benson’s directive banning the open carry of firearms at polling places on Election Day. Secretary of State Benson, also acting as the state’s chief elections officer, issued the directive banning open carry at polling…
RLF PROVES FIREARMS DEALER DID IT RIGHT – CASE AND APPEAL DISMISSED (UPDATE)
October 23, 2020 On October 16, 2020 the Supreme Court of Pennsylvania issued an Order declining to review the appeal in a lawsuit by a customer against a Pennsylvania firearms retailer for slander and for allegedly failing to adequately supervise and control its employees during an altercation with a customer. This ruling brings finality to…
ATF ISSUES UPDATED FIREARMS TRANSFER PROCEDURES
October 6, 2020 The Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) recently released two updated Procedure documents, Procedures 2020-1 and 2020-2, which supersede the ATF’s previous guidance regarding the sale and transfer of firearms by FFLs to purchasers off of the FFL’s business premises and an FFL’s facilitation of firearms transfers between private parties.…
SETTLEMENT OF CASE AGAINST MGM ARISING FROM LAS VEGAS SHOOTING
October 6, 2020 Numerous persons who were shot during the October 1, 2017 shooting at the Route 91 Harvest Music Festival in Las Vegas, families of persons who were killed, and others claiming non-physical injuries, previously filed lawsuits against MGM in Nevada state court. Those cases were consolidated into a single action, captioned Shepherd v. MGM,…
LEGISLATION INTRODUCED IN NEW LAW TO CIRCUMVENT THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT
September 11, 2020 A Democratic member of the New York Senate recently introduced S-8926A, which would add a new provision to the General Business Law (proposed Article 39-DDDD), that aims to make it easier to file lawsuits against federal firearms licensees (“FFLs”). The proposed law seeks to circumvent the immunity provided to FFLs by the Protection…
CALIFORNIA ADOPTS FINAL CCPA REGULATIONS
September 4, 2020 The California Office of Administrative Law (OAL) approved the final proposed regulations for compliance with the California Consumer Protection Act (CCPA). Enforcement of the first robust data privacy law in the nation commenced on July 1, 2020. The CCPA was enacted in 2018 and established consumer rights to access to, deletion…
FOUR CITIES AND EVERYTOWN FOR GUN SAFETY SUE ATF TO CHANGE DEFINITION OF FIREARM
On August 26, 2020, the cities of Syracuse, San Jose, Chicago, and Columbia (SC), and the gun control group Everytown for Gun Safety, sued the ATF in the U.S. District Court for the Southern District of New York seeking to require it to change the definition of a firearm to apply to “ghost guns.” A firearm…
RICHMOND TO EXPAND BAN ON FIREARMS
August 20, 2020 Last week, Richmond Mayor Levar Stoney introduced an ordinance that would expand the city’s current ban on carrying firearms in city-owned and operated parks and facilities. The new ordinance would “prohibit the possession, carrying or transportation of any firearms in any public street, road, alley, sidewalk, public right-of-way or any open public…
A COUNTRY WITHOUT THE NRA?
August 20,2020 The National Rifle Association is generally cast as either a hero or a villain in political debates. Now the organization is fighting for its existence against what many are calling a purely political maneuver by New York Attorney General Letitia James. The NRA, however, is far more than a collection of political action…
CALIFORNIA MICROSTAMPING BILL PASSED BY SENATE SUBCOMMITTEE
On July 31, 2020, California Bill AB 2847, which revises the criteria for handguns to be certified for sale in California by requiring microstamping in one place on a discharged cartridge, was passed by California’s Senate Public Safety Committee. AB 2847 was proposed following litigation surrounding California’s adoption of Cal. Penal Code § 31910 (b)(7)(A)…
FIREARMS NEWS AND EVENTS: THIS IS WHAT’S HAPPENING IN NEW YORK
August 10, 2020 Jose Webster Untraceable Firearms Act. The New York State Senate recently passed the Jose Webster Untraceable Firearms Act, a proposed law that would prohibit the sale of “ghost guns” in New York. “Ghost Guns” are firearms that are referred to as “untraceable” because they lack serial numbers and are often built from…
NEW YORK EXECUTIVE ORDER RESTRICTING FIREARMS RETAILERS HELD CONSTITUTIONAL
July 24, 2020 On March 30, 2020 a firearms retailer based in Long Island, New York, Dark Storm Industries LLC, filed a lawsuit in the United States District Court for the Northern District of New York naming New York Governor Andrew Cuomo and the Empire State Development Corporation (“ESD”) as defendants. The lawsuit alleged that…
DEPARTMENT OF STATE UPDATES SUPPRESSOR EXPORT REGULATIONS
July 24, 2020 Earlier this month, the Directorate of Defense Trade Controls (“DDTC”), an organization within the Department of State responsible for regulating the import and export of certain defense technology, published a web notice updating its suppressor policy. The notice stated that effective immediately the Department of State has rescinded its April 18, 2020…