Press & Publications
FIREARMS IMPORT-EXPORT UPDATE PART I – DETERMINING THE APPLICABLE ECCN AND NEED FOR AN EXPORT LICENSE
January 21, 2021 We attended the NSSF’s January 11-14 firearms import-export webinars so that we can pass on the valuable information to those of you who were unable to attend. As many of you know, jurisdiction over the export of the majority of firearms and ammunition was formally transferred from the Department of State to…
RLF CONVINCES PA SUPERIOR COURT TO WITHDRAW DECISION DECLARING THE PLCAA UNCONSTITUTIONAL
December 4, 2020 Renzulli Law Firm was successful in convincing the Pennsylvania Superior Court (the state’s intermediate appellate court) to withdraw its prior decision declaring the Protection of Lawful Commerce in Arms Act (“PLCAA”) to be unconstitutional. A September 28, 2020 decision by a three-judge panel had held that Congress did not have the authority to…
PROPOSED LEGISLATION SEEKS TO REPEAL RESTRICTIONS ON THE ATF
November 20, 2020 U.S. Representative Don Beyer (D-VA) and U.S. Senator Chris Van Hollen (D-MD) recently introduced S. 4841, the ATF Improvement and Modernization Act of 2020 (“AIM Act”) which would repeal numerous restrictions on the ATF that have been added to federal law through appropriations bills over the years. Among other provisions, the AIM Act would…
TEXAS JUSTICE – HANDGUN MANUFACTURER DISMISSED AT EARLY STAGES OF TWO LAWSUITS BASED ON PLCAA IMMUNITY
September 23, 2020 Litigators in the Lone Star State are the first to admit: justice often doesn’t come swiftly in Texas courts. And parties to lawsuits can attest that when a case drags on through the court system – even where there are strong defenses – it will be a costly endeavor for the client. …
NINTH CIRCUIT AFFIRMS DECISION HOLDING THAT CALIFORNIA’S MAGAZINE CAPACITY BAN VIOLATES THE SECOND AMENDMENT
August 17, 2020 California’s 2016 ban on so-called “high capacity magazines” (defined as any magazine holding more than ten rounds of ammunition) has been struck down by the United States Court of Appeals for the Ninth Circuit. A three judge panel issued a decision today holding that California’s ban was not narrowly tailored to the state’s interest in…
PROTECTION OF A PRODUCT’S DESIGN FEATURES AS “TRADE DRESS”
July 31, 2020 Trademarks are a type of commercial speech. The presence of a trademark on a product assures the marketplace that all goods bearing the mark come from the same source and are of uniform quality. To many, the term “trademark” refers to a word, phrase, or design/emblem that appears on a product or…
U.S. SUPREME COURT REJECTS USPTO’S PER SE RULE DENYING REGISTRATION TO “GENERIC.COM” TRADEMARKS
Trademarks help companies communicate with their customers. The presence of a trademark on a product assures the marketplace that all goods bearing the mark come from the same producer and are of uniform quality. The system of trademark registration in the United States is administered by the United States Patent and Trademark Office (“USPTO”). The…
COLORADO SUPREME COURT UPHOLDS BAN ON MAGAZINES THAT HOLD MORE THAN 15 ROUNDS OF AMMUNITION
On June 29, 2020, in a unanimous opinion, the Colorado Supreme Court upheld the state’s ban on “large-capacity magazines.” In 2013, the Colorado Governor, John Hickenlooper, signed HB 13-1224 into law. HB 13-1224 banned the sale, transfer, or possession of “large-capacity magazines,” which are defined as “any fixed or detachable magazine, box, drum, feed strip, or…
US SUPREME COURT DECLINES TO ISSUE SUBSTANTIVE DECISION ON THE SECOND AMENDMENT
April 27, 2020 The Supreme Court issued its decision today in the Second Amendment case of New York State Rifle and Pistol Association, Inc. v. City of New York, New York. The case involved a Second Amendment challenge to restrictions that the City of New York placed on premises pistol permits that prevented permit holders from transporting handguns…
ATF ISSUES OPEN LETTER ON FIREARMS SALES BY DEALERS DURING THE CORONAVIRUS PANDEMIC
April 13, 2020 As noted in our April 10, 2020 blast, some states have closed down firearms dealers based on their non-essential business designation. The majority of states, however, have allowed firearms dealers to remain open for business and demand for firearms is at a record high. Open firearms dealers, like all other businesses,…
RLF PROVES FIREARMS DEALER DID IT RIGHT – CASE AND APPEAL DISMISSED
On March 25, 2020 the Superior Court of Pennsylvania affirmed the dismissal of a lawsuit by a customer against a Pennsylvania firearms retailer for slander and allegedly failing to adequately supervise and control its employees during an altercation with a customer. A customer who had lawfully purchased a semi-automatic pistol from the firearms retailer returned…
THE DESIGNATION OF FIREARMS AND AMMUNITIONS RETAILERS AS “ESSENTIAL” OR “NON-ESSENTIAL” BUSINESSES DURING THE COVID-19 PANDEMIC
March 23, 2020 To combat the spread of COVID-19, multiple states enacted broad restrictions requiring most businesses to close and ordering Americans to stay at home and ensure they wear an n95-mask if they do need to go outside. To date, the states that enacted these restrictive orders include California, New York, Illinois, Pennsylvania, New…
IS YOUR COMPANY READY FOR THE CALIFORNIA CONSUMER PROTECTION ACT (CCPA)?
Privacy on the internet has been a concern for years and the adoption of laws related to data privacy has been a question of “when,” not “if.” The answer to that question is “now.” The California Consumer Protection Act (CCPA) was enacted in 2018 and creates new consumer rights relating to the access to, deletion…
LEGISLATION INTRODUCED TO REPEAL THE TIAHRT AMENDMENT
The Tiahrt Amendment, Public Law 112-55, 125 Stat. 609-610, generally prohibits the ATF from disclosing trace data, and records required to be maintained or reported by federal firearms licensees pursuant to the Gun Control Act, such as acquisition and disposition records, Form 4473s, and multiple sale reports. Exceptions are made for disclosure to law enforcement…
CA SEEKS STAY OF RULING STRIKING DOWN BAN ON STANDARD CAPACITY MAGAZINES; SIGNALS INTENT TO APPEAL
As we recently reported, on March 29, 2019, Judge Benitez of the U.S. District Court for the Southern District of California issued a decision in the case of Duncan v. Becerra holding that California’s ban on the possession of magazines with a capacity of more than ten rounds (“LCM”) violates the Second Amendment and issued…
Practice Alert: Mandatory Warnings in California Have Changed – Are You Compliant?
On January 1, 2018, key legislative amendments went into effect that substantially revised and updated child-related firearm warning requirements in California. Prior to January 1, California law required the following child-related warning, in both English and Spanish, to be placed on the packaging of any firearm, and any descriptive materials that accompany any firearm, sold…
Practice Alert: Revise Your Warnings to Comply With Changes to California’s Prop 65 Regulation
Significant changes to California’s Proposition 65 warning regulations will go into effect in two months, on August 30. Enacted in 1986, California’s Proposition 65 (commonly called “Prop 65”) requires businesses to provide a warning regarding products that contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. Prop…
California’s New Consumer Privacy Act Ushers In New Requirements
Throughout the months leading up to the implementation of the EU General Data Protection Regulation (GDPR) — the EU’s radical overhaul of data privacy rules and regulations — we predicted that the states would begin enacting tougher, more stringent data privacy laws. (We even predicted that California would take the lead.) Yesterday, California enacted the…
U.S. Supreme Court Rules States Can Require Internet Retailers To Collect Sales Tax
The U.S. Supreme Court has ruled that states can compel online retailers to collect sales tax. The case, South Dakota v. Wayfair (No. 17-494), overturns two previous Supreme Court decisions and represents a landmark shift in law and policy that will tremendously impact online shopping. Here is the Renzulli Run Down of what you need…
The GDPR Applies Around The World, Not Just In The EU
A common misconception is that the EU’s General Data Protection Regulation (GDPR) applies only to businesses physically located in the EU. As you know from our previous article (“The Final Countdown To The GDPR Is Here. Are You Ready?”), the GDPR – which becomes officially effective one month from today on May 25, 2018 –…
RLF Appears Before The Connecticut Supreme Court
RLF Partner Christopher Renzulli appeared before the Connecticut Supreme Court on November 14 in the Sandy Hook case, Soto v. Bushmaster Firearms International, LLC, et al. The highly-anticipated and widely-covered oral argument represented the culmination of months of briefing on an appeal by the plaintiffs of Connecticut Judge Barbara Bellis’ decision granting a motion by…
RLF Achieves Substantial Settlement For Injury Victim
As reported in the New York Daily News, Renzulli Law Firm, led by its Founder John Renzulli, secured a $3.85 million settlement on behalf of its client, Jesus Santiago, who had been severely injured when a tree fell on him in Brooklyn. The tree fell on Mr. Santiago as he was on his way home…
Supreme Court Nixes Law Against Disparaging Trademarks
In a significant ruling this week, the U.S. Supreme Court struck down a portion of the Lanham Act that permitted the U.S. Government to bar the registration of “offensive” trademarks. The provision, often referred to as the “disparagement clause” of the Lanham Act, prohibited the registration of trademarks “which may disparage … persons, living or…
Patent Infringement In Focus: U.S. Supreme Court Clarifies Venue Rules for Patent Infringement Lawsuits
The United States Supreme Court recently clarified how the patent venue statute applies when a patent infringement lawsuit is brought against a domestic (U.S.) corporation. The case, TC Heartland, LLC v. Kraft Foods Group Brands, LLC, No. 16-341 (decided May 22, 2017), involved a patent infringement lawsuit brought by Kraft Foods Group Brands, LLC (“Kraft”),…