“Renzulli Run Down” — The RLF Firearms and Shooting Sports Industry Newsletter
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…