“Renzulli Run Down” — The RLF Firearms and Shooting Sports Industry Newsletter
NEW JERSEY ATTORNEY GENERAL CERTIFIES THAT MICROSTAMPING TECHNOLOGY IS VIABLE
February 28, 2024 – Today, the New Jersey Attorney General issued a certification stating that viable microstamping technology exists. In 2022, New Jersey enacted N.J. Stat. §§ 2C:58-2.13-15, which required the Attorney General to investigate whether microstamping-enabled firearms are technologically viable. A microstamp is defined as a “unique alphanumeric or geometric code that identifies the…
SUPREME COURT TO HEAR SIGNIFICANT ATF CASE THIS WEEK
February 27, 2024 – Tomorrow, the Supreme Court is set to hear arguments in the case of Garland v. Cargill, which has the potential to shape how future Presidential administrations can implement gun control without Congressional approval. At issue in the case is whether bump stocks fall within the definition of a “machinegun” under federal…
ATF’S “DEMAND 2” PROGRAM LIST OF TRACE REQUESTS
February 23, 2024 – USA Today recently published an article containing a list of federal firearm licensees (“FFLs”) that are part of the ATF’s “Demand 2” Program. In order to be placed on the Demand 2 List, an FFL must have sold at least 25 firearms that were traced within three years from when they…
VIRGINIA LEGISLATURE MOVES FORWARD TO BAN ‘ASSAULT FIREARMS’
On February 2, 2024, the Virginia House of Delegates voted 51-49 to approve a bill prohibiting the import, manufacture, purchase, sale, and transfer of “assault firearms” and certain ammunition feeding devices. On February 7, 2024, the Virginia Senate passed a similar bill 21-19. The legislation, if reconciled and passed, and then if signed into law,…
CALIFORNIA BACKGROUND CHECK FOR AMMUNITION RULED UNCONSTITUTIONAL BUT CAN STAY IN EFFECT, FOR NOW
On January 30, 2024, Judge Benitez of the U.S. District Court for the Southern District of California struck down a California law mandating background checks for ammunition. The decision in the case, Kim Rhode, et al. v. Rob Bonta, held that a California law, Senate Bill 1235, requiring a background check for every purchase of…
SUPREME COURT OF NEW HAMPSHIRE SIDES WITH RLF
February 1, 2024 – RLF achieved another victory for one of its firearm industry clients in a lawsuit alleging negligent entrustment of a firearm. The firearm retailer named as a defendant in the case completed all the required paperwork and ran a background check through New Hampshire’s point of contact system. The state’s Department of…
NINTH CIRCUIT REFUSES TO ALLOW INFRINGEMENT OF CALIFORNIANS’ 2A RIGHTS WHILE APPEAL IS PENDING
January 16, 2024 – 2023 Senate Bill 2, (“SB 2”), a controversial new California law that aims to impose sweeping restrictions on carrying firearms in most public places in that state was blocked from taking effect – once again – on Saturday. Thus, California’s carry laws go back to the “status quo” as a case…
FEDERAL AND STATE LEGISLATION INTRODUCED BANNING DIGITAL FILES FOR 3D PRINTING FIREARMS AND REQUIRING BACKGROUND CHECKS FOR 3D PRINTERS
January 3, 2024 – Wishing all our readers a Happy and Healthy New Year! The year 2023 came with several notable legislative developments regarding firearms. Regardless of whether legislation affects manufacturers, distributors, retailers, or consumers, the federal government and individual states continue to find unconventional approaches to gun control, sometimes through new technology. Recent developments…
SECOND CIRCUIT UPHOLDS INJUNCTIONS AGAINST PARTS OF NEW YORK’S CONCEALED CARRY IMPROVEMENT ACT BUT ALSO UPHOLDS NEW YORK’S LICENSING REQUIREMENT FOR RETAILERS
December 13, 2023 – In a recent decision regarding four separate appeals before it challenging the constitutionality of New York State’s Concealed Carry Improvement Act (“CCIA”), the Second Circuit upheld injunctions prohibiting enforcement of certain parts of the CCIA. In another case, however, the Second Circuit also upheld New York State’s new licensing requirements for gun dealers. A.…
SENATE INTRODUCES NEW (AND UNCONSTITUTIONAL) BILL WITH NOVEL APPROACH TO FIREARM REGULATION
December 8, 2023 – A bill called the Gas-Operated Semi-Automatic Firearms Exclusion Act (the “GOSAFE Act”) was recently introduced in the U.S. Senate to ban semi-automatic firearms based on their method of operation, as opposed to their features like prior “assault weapons” bans. The GOSAFE Act seeks to prohibit the manufacture, sale, import, transfer, or…
FOURTH CIRCUIT STRIKES MARYLAND’S LAW MANDATING A HANDGUN QUALIFICATION LICENSE
On November 21, 2023, the US Court of Appeals for the Fourth Circuit issued a decision in two cases finding Maryland’s handgun licensing scheme unconstitutional. To obtain a firearm in Maryland, you must first fill out an application with certain identifying information and then wait seven days while the state performs a background check. Md.…
A Week in Review: Major Federal Court Decisions on Firearm Laws
November 10, 2023 – There have been three major federal court decisions in the past week affecting firearm laws across the nation. Two decisions are wins for the firearm industry and individual owners, while one may be considered a loss. The decisions affect firearm laws concerning bans on so-called “assault weapons” and “large capacity” magazines,…
WHAT’S THE VALUE OF A NAME? THE OFTEN UNDER-APPRECIATED VALUE OF TRADEMARKS
October 24, 2023 – In the firearms industry, intellectual property is often equated with patents and protecting new inventions and innovations. This is undoubtedly an important aspect of the industry, and patents are vital. However, recent corporate news from the home goods sector provides a key reminder that, regardless of what business you are in,…
CALIFORNIA ENACTS NEW LAWS AFFECTING FIREARM DEALERS
On September 26, 2023, Governor Newsom signed into law two bills impacting federal firearm licensees (“FFL”) in California. The first bill, SB-417,sets forth specific warnings that all FFLs must “conspicuously post within the licensed premises.” The warnings, which must be posted “in block letters not less than one inch in height,” concern the safe storage…
CALIFORNIA FEDERAL JUDGE FINDS LARGE CAPACITY MAGAZINE BAN UNCONSTITUTIONAL
On September 22, 2023, District Judge Benitez of the United States District Court for the Southern District of California issued a decision finding California’s “large-capacity” magazine ban unconstitutional. California’s large-capacity magazine ban, codified at California Penal Code § 32310, has been the subject of litigation since 2017. It was initially prevented from going into effect in…
CALIFORNIA’S RESTRICTIVE FIREARMS ADVERTISING LAW BLOCKED BY FEDERAL COURT
September 14, 2023 – Today, the United States Court of Appeals for the Ninth Circuit blocked a California law banning firearm advertisements that “reasonably appear to be attractive to minors,” saying the law related to protected commercial free speech and was unlikely to reduce gun violence or the unlawful use of firearms. As we previously…
ATF ISSUES PROPOSED RULE CHANGING THE DEFINITION OF “ENGAGED IN THE BUSINESS” AS A DEALER IN FIREARMS
September 12, 2023 – The Department of Justice (“DOJ”) has issued a notice and request for comments relating to proposed amendments to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) regulations for the purpose of implementing the provisions of the Bipartisan Safer Communities Act (“BSCA”), which became effective June 25, 2022. These amendments primarily…
NEW YORK TO BECOME A POINT OF CONTACT STATE FOR FIREARM AND AMMUNITION SALES
August 30, 2023 – New York will soon become the fourteenth state to serve as the point-of-contact (“POC”) for background checks on purchasers. Beginning on September 13, 2023, federal firearms licensees in New York will contact the New York State Police to conduct background checks, instead of contacting the FBI using the National Instant Criminal…
SUPREME COURT ALLOWS GHOST GUN REGULATION TO REMAIN IN EFFECT
August 8, 2023 – In a 5-4 decision issued today, the Supreme Court is allowing ATF’s Final Rule aimed at regulating so-called ghost guns to remain in effect. Chief Justice John Roberts and Justice Amy Coney Barrett joined the three liberal leaning justices in the majority, issuing a short order stating, “the application for stay…
ILLINOIS ENACTS “ANTI-PLCAA” LAW TARGETING COMMERCIAL FREE SPEECH
August 24, 2023 – Illinois recently enacted HB0218, the Firearm Industry Responsibility Act (“FIRA” or “Act”). FIRA provides a statutory nuisance claim designed to serve as an exception to the immunity provided by the Protection of Lawful Commerce in Arms Act (“PLCAA”). The Act also criminalizes First Amendment-protected commercial free speech by prohibiting “firearm-related product”…
ILLINOIS SUPREME COURT UPHOLDS THE PROTECT ILLINOIS COMMUNITIES ACT AGAINST STATE LAW CHALLENGES
On August 11, 2023, the Illinois Supreme Court issued a decision in Caulkins v. Pritzker, one of the lawsuits challenging Illinois’ ban on “assault weapons” and large capacity magazines, as codified in the Protect Illinois Communities Act (“PICU”). Although the court upheld the PICU, plaintiffs had originally challenged it only on state law grounds. Specifically,…
RLF OBTAINS DISMISSAL FOR TEXAS SHOOTING RANGE
August 3, 2023 – RLF achieved another victory for one of its firearm industry clients in a recently filed lawsuit pursuant to Section 128.053 of the Texas Civil Practice and Remedies Code. RLF represented a shooting range located near Dallas, Texas. The Plaintiff claimed that he sustained significant hearing loss at the shooting range because…
FIFTH CIRCUIT DENIES THE ATF’S REQUEST TO KEEP ITS EXPANDED DEFINITION OF A “FIREARM,” “FRAME” OR “RECEIVER” IN EFFECT PENDING APPEAL
July 28, 2023 – As previously reported, the ATF issued Final Rule 2021-05F (“Final Rule”), which, among other things, changed the definition of a “firearm” to include partially completed frames and receivers, effective August 24, 2022. Various plaintiffs filed a lawsuit challenging two aspects of the Final Rule, specifically, the change in the definition of…
FEDERAL COURT STRIKES DOWN ATF’S FINAL RULE THAT RE-DEFINED “FRAME” AND “RECEIVER”
July 4, 2023 – On Friday, the U.S. District Court for the Northern District of Texas issued an order vacating the controversial ATF Rule that changed the statutory definition of “firearm” under the Gun Control Act of 1968 to include partially complete frames and receivers. In August of 2022, the ATF enacted Final Rule 2021-05F which was…