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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…

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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…

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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…

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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…

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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…

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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)…

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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…

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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…

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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…

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ILLINOIS ADOPTS FINAL REGULATIONS GOVERNING FIREARMS DEALERS

June 26, 2020 The Illinois Firearms Dealers License Certification Act was enacted on January 17, 2019.  It required the Illinois State Police (“ISP”) to adopt regulations governing the security measures required to be adopted by all federally licensed firearms dealers that operate retail stores in Illinois.  The permanent regulations adopted by the ISP were approved on June…

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FLORIDA SUPREME COURT REJECTS ASSAULT WEAPON BAN BALLOT INITIATIVE

On June 4, 2020, the Florida Supreme Court rejected as misleading the proposed citizen backed initiative that would have asked Florida citizens to vote in 2022 on whether to amend the Florida Constitution to include an explicit “assault weapon” ban.  Under Florida law, citizens may propose an amendment or revision to any portion(s) of the…

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CALIFORNIA ATTORNEY GENERAL SUBMITS FINAL PROPOSED CCPA REGULATIONS

Enforcement of the first robust data privacy law in the nation will commence on July 1, 2020.  The California Consumer Protection Act (CCPA) was enacted in 2018 and established consumer rights to access to, deletion and sharing of personal information that is collected by businesses.  Read more about the CCPA in RLF’s newsletter “Is Your Company…

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SENATORS STRUGGLE TO FIND SOLUTIONS TO IMPROVE “INSTANT” BACKGROUND CHECKS AMIDST LENGTHY DELAYS

May 29, 2020 Gun sales and the number of instant background checks performed have soared since the COVID-19 lockdown began two months ago.  Due to the rising number of background checks, they have often lagged to the point that “instant” does not always apply.  A group of Republican senators wrote to FBI Director Christopher Ray,…

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MARYLAND GOVERNOR VETOES LONG GUN BACKGROUND CHECK FOR PRIVATE SALES

May 22, 2020 In Maryland, as the legislature attempted to criminalize private transfers of long guns, Governor Hogan stood up for gun rights and vetoed the legislation. The bill would have required a Federal Firearms Licensee to facilitate the transfer, with associated fees, and a NICS background check of the transferee before privately selling, renting, loaning or…

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HUNTING AND FISHING DURING THE PANDEMIC – PERHAPS

May 15, 2020 Hunters and anglers across the country have seen major changes in the wake of the COVID-19 pandemic. Not only have many public places been shut down, but the offices issuing permits have been closed in response to the stay-at-home orders issued in various states. This comes at a time when access to…

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PANDEMIC UPDATE IN NEW JERSEY: TENNIS COURTS AND GOLF COURSES — BUT NO SHOOTING RANGES?

May 15, 2020 In New Jersey, following a number of lawsuits seeking the reopening of firearm retailers and Governor Murphy’s subsequent decision to add them to the essential services list, shooting ranges have filed a lawsuit in New Jersey this week over their right to reopen to the public. Owners and operators of shooting ranges are seeing…

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CANADA BANS “MILITARY STYLE ASSAULT WEAPONS” IN THE WAKE OF MASS SHOOTING

May 4, 2020 Approximately two weeks after Canada’s deadliest mass shooting in its history, Prime Minister Justin Trudeau declared a ban on “military style assault weapons.”  The shooting occurred over a span of two days in April when a lone gunman murdered 22 people in Nova Scotia, Canada.  The shooter did not have a firearms…

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CALIFORNIA’S PROPOSITION 63 FOUND UNCONSTITUTIONAL

On April 23, 2020, a federal judge in California held that Proposition 63, which requires background checks to purchase ammunition, violates the Second Amendment.  “The experiment has been tried.  The casualties have been counted.  California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured,” remarked U.S District Judge…

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NON-ESSENTIAL SECOND AMENDMENT RIGHTS?

April 13, 2020 As we reported in our 3/23/20 newsletter, the NSSF lobbied the White House and the Department of Homeland Security to change its designation of firearms retailers from “non-essential” to “essential.” Although the NSSF was successful, the Department of Homeland Security’s decision effectively gave states the option to close down firearms retailers:  “[t]his…

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Renzulli Law Firm Successfully Opposes Second Department Appeal in Oil Spill Case

On March 11, 2020, the Supreme Court of the State of New York Appellate Division, Second Department denied an appeal filed by a New York State Municipality against a private Land Developer.  The appeal was successfully opposed by Renzulli Law Firm.  The case arises from two fuel oil spills that occurred in 2008.  The Municipality…

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ILLINOIS APPELLATE COURT: COOK COUNTY FIREARMS AND AMMUNITION TAXES ARE CONSTITUTIONAL

March 20, 2020 An Illinois appellate court upheld an ordinance that imposes a firearms and ammunition tax. The court found that while the tax increases the cost of firearms and ammunition, it does not infringe on the ownership of firearms.  Citing the landmark Supreme Court case District of Columbia v. Heller, the court held that…

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LEGISLATION INTRODUCED IN MARYLAND TO REGULATE THE FIREARMS INDUSTRY

Legislators in Maryland have recently introduced three house bills designed to regulate various aspects of the firearms industry. Here is the Renzulli Run Down of what you need to know: House Bill 1257 is a proposed amendment to the Firearms Dealers’ Safety Act in Maryland. The Act requires licensed dealers to keep records of all firearms acquisitions…

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NEW YORK GOVERNOR PROPOSES NEW GUN CONTROL LAWS

New York law makers began their new session on January 8, 2020, marking the second year since 2010 that Democrats have had full control of the state government. Seizing on this opportunity to prevent Republicans from using their state senate majority to block proposed firearms measures, New York Governor Andrew M. Cuomo has proposed six…

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RLF 2019 Range Day

RLF RANGE DAY You have undoubtedly heard us say (many times) that we know the firearms and shooting sports industry, our clients and our clients’ products better than any other law firm. There is no better way to prove that sentiment than RLF’s 2019 Range Day — a successful event that brought our employees together…

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