“Renzulli Run Down” — The RLF Firearms and Shooting Sports Industry Newsletter
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…
ATTEMPT BY CONGRESS TO REPEAL PLCAA
May 19, 2021 Democrats on Capitol Hill recently introduced bicameral legislation called the “Equal Access to Justice for Victims of Gun Violence Act” that will open the gun industry to even more frivolous lawsuits. In 2005, the Protection of Lawful Commerce in Arms Act (“PLCAA”) became law. The PLCAA protects the licensed and heavily regulated…
SUPREME COURT TO DECIDE MAJOR SECOND AMENDMENT CASE
April 26, 2021 For the first time in more than a decade, the Supreme Court is poised to issue a major decision regarding the scope of the right to keep and bear arms protected by the Second Amendment. Earlier today, the Supreme Court granted a petition for a writ of certiorari in the case of New York State Rifle…
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). …
President Biden Unveils New Executive Actions on Gun Control
April 8, 2021 Today, from the Rose Garden, President Joe Biden announced a series of Executive Actions to further the Biden Administration’s gun control agenda. Realizing that Congressional action on gun control is unlikely due to a deeply divided Senate and a filibuster that affords Republicans the ability to block excessive gun control proposals from…
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…
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…
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…
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…
UNDERTAKING A RECALL: WHAT A MANUFACTURER SHOULD KNOW
February 5, 2021 UNDERTAKING A RECALL: WHAT A MANUFACTURER SHOULD KNOW Christopher Renzulli and Howard Schilsky of Renzulli Law Firm, LLP were published in the February 2021 edition of Westchester Lawyer Magazine for their article addressing the legal implications of undertaking a recall. Whether to issue a recall of a product, and how to effectively…
TRADEMARK MODERNIZATION ACT OF 2020 ESTABLISHES NEW RULES FOR NON-U.S. OWNERS OF REGISTRATIONS ISSUED UNDER §§ 66(A) AND 44(E) OF U.S. TRADEMARK ACT
February 1, 2021 In the waning days of 2020, the United States Congress enacted and President Trump signed into law the Trademark Modernization Act of 2020 (“TMA”). The legislation establishes a new category of administrative proceeding within the U.S. Patent and Trademark Office (“USPTO”) and may significantly impact the way non-U.S. firearms companies and other…
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…
“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…