“Renzulli Run Down” — The RLF Firearms and Shooting Sports Industry Newsletter
DEMOCRATS PROPOSE LEGISLATION BANNING “BUY NOW, PAY LATER” FINANCING FOR SEMIAUTOMATIC FIREARMS
July 14, 2023 – 19 Democratic members of the US House recently proposed a bill that would prohibit the making of short-term, Buy Now, Pay Later (“BNPL”) loans for the purchase of semiautomatic “assault weapons.” The bill, H.R. 9686, also known as the Assault Weapon Financing Accountability Act (the “Act”), was introduced by Connecticut Representative…
RENZULLI LAW FIRM OBTAINS SUMMARY JUDGMENT IN NEGLIGENT DISCHARGE CASE
June 28, 2023 – Renzulli Law Firm recently secured a complete dismissal of a product liability case on behalf of a firearm manufacturer. Plaintiff was aware there was an unsecured, loaded semi-automatic pistol in a vehicle while he, another adult, and several juveniles were returning home after an organization sponsored activity. When the adult owner…
CONNECTICUT PASSES NEW FIREARMS LEGISLATION
June 23, 2023 – Earlier this month, Connecticut House Bill 6667, entitled “An Act Addressing Gun Violence” went into effect. This new law includes many changes to the types of firearms available to Connecticut residents, the legal age and permitting requirements to purchase firearms, ammunition and magazines, and how retailers conduct business in Connecticut. The bill…
RENZULLI LAW FIRM PREVAILS IN CLAIMED STRAW PURCHASE CASE PURSUED BY BRADY CENTER
June 16, 2023 – Renzulli Law Firm recently secured a complete dismissal of a lawsuit on behalf of one of its firearm dealer clients in Kansas based on an aggressive defense and calculated use of the Protection of Lawful Commerce in Arms Act (PLCAA). Plaintiffs alleged that this Midwest firearms dealer negligently entrusted (sold) a…
Supreme Court Decision Strengthens Ability of Firearms Brands to Combat Infringement and Dilution
June 12, 2023 – Unauthorized and infringing use of the trademarks, trade dress and brands of firearms industry members on items such as apparel, accessories and other merchandise is a widespread concern. Late last week, the Supreme Court issued a unanimous ruling overturning a previous decision by the Ninth Circuit Court of Appeals that, had…
RENZULLI LAW FIRM HOSTS SECOND ANNUAL SPRING OUTING
JUNE 8, 2023 – RLF employees, friends and families enjoyed burgers, beer, music, wine, spirits, food trucks and the best grilling this side of the Hudson River at The Burger & Beer Blast – Westchester’s ultimate block party! We joined more than 2,000 participants who were undeterred by the cloudy skies, a result of the…
Tennessee Enhances Legal Protection for the Firearms Industry
While some states have pushed legislation designed to evade federal law to hold firearms manufacturers and sellers liable for rising violent crime perpetrated by third parties, Tennessee has taken steps to bolster protection for the firearms industry against such lawsuits. Governor Bill Lee recently signed TN Senate Bill 0822 into law which is similar to the Protection…
Congressional Democrats Explore New Way to Implement Gun Control
May 12, 2023 – Last week, Democratic Senators Cory Booker and Elizabeth Warren joined Democratic representative Robin Kelly and introduced the “Firearm Safety Act of 2023.” The Bill is deceptively short, with a mere eleven lines of text, but could have far reaching consequences for the firearms industry. If enacted, this Bill would remove the firearms exemption…
Illinois District Court Grants Preliminary Injunction Prohibiting Enforcement of the Illinois Assault Weapons Ban
April 29, 2023 – A federal judge in the US District Court for the Southern District of Illinois issued an Order granting plaintiffs’ consolidated motions for preliminary injunction prohibiting statewide enforcement of the Illinois assault weapons ban, the Protect Illinois Communities Act (“PICA”), until there can be a final determination of the merits as to the law’s…
Washington Bans Sale of “Assault Weapons,” while Similar Bill in Colorado Fails
April 28, 2023 – This week, Washington became the tenth state to pass legislation broadly restricting the sale, manufacture, and transfer of “assault weapons.” Washington now joins California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, and New York, as well as the District of Columbia, as jurisdictions with “assault weapons” bans. This follows Washington’s recently…
WASHINGTON STATE LEGISLATURE PASSES BILL IN AN EFFORT TO EXPOSE THE FIREARMS INDUSTRY TO UNPRECEDENTED LIABILITY
On April 14, 2023, the State of Washington’s legislature passed Substitute Senate Bill 5078 (“SB 5078”). This bill is expected to be signed into law by Governor Jay Inslee. The new law is designed to avoid the application of a federal law, which prohibits lawsuits against firearms industry members when their legally sold products are used by…
RLF’S STRATEGIC PRE-ANSWER MOTION TO DISMISS COMPELS PLAINTIFF TO DROP LAWSUIT AGAINST FIREARM MANUFACTURER
April 13, 2023 – Renzulli Law Firm successfully convinced a plaintiff to dismiss her product liability case alleging various design and manufacturing defects against a U.S. based firearm manufacturer. Following several procedural and substantive missteps by the plaintiff, RLF responded to the lawsuit by filing a comprehensive motion to dismiss which laid out the fatal…
RENZULLI LAW FIRM PREVAILS IN PRODUCTS LIABILITY CASE ALLEGING DROP-FIRE DISCHARGE
April 3, 2023 – Renzulli Law Firm secured a complete dismissal of a product liability case on behalf of a U.S. based firearm manufacturer through a motion for summary judgment. Plaintiffs alleged that the subject pistol contained a design defect, and that defect resulted in the pistol discharging after the owner dropped it. RLF proved…
Texas Federal Judge Rejects Preliminary Injunction Against ATF Pistol Brace Rule
On March 30, United States District Judge Reed O’Connor denied plaintiffs’ request for a preliminary injunction preventing the ATF from enforcing its recent rule effectively banning pistol braces. The case, William T. Mock, et al. v. Merrick Garland et al., is pending in the Northern District of Texas and was brought by the Firearms Policy Coalition and Maxim…
Federal District Court Rejects California’s “Unsafe Handgun Act” as Unconstitutional
March 20, 2023 – The U.S. District Court for the Central District of California has issued an order enjoining the State of California from enforcing its so-called “Unsafe Handgun Act” on the ground that it violates the Second Amendment under New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111, 2126 (2022). The Unsafe Handgun Act,…
Michigan Legislature Moves Closer to Passing New Firearm Restrictions and Removing State Immunity Protection
March 15, 2023 – In Michigan, the Democrat-controlled Legislature is set to pass a series of firearm related bills aimed at imposing additional restrictions on law-abiding firearm owners. Multiple Bills were recently introduced to the Senate, and a vote is imminent. If passed, these Bills would impose sweeping changes to firearm laws in Michigan, including…
Eleventh Circuit Court Upholds Florida Law Prohibiting Firearm Purchases by Persons Under 21
March 9, 2023 – Today a three judge panel of the U.S. Court of Appels for the Eleventh Circuit issued a decision that Florida’s Marjory Stoneman Douglas High School Public Safety Act (the “Act”) is constitutional. The Act precludes those under 21 from buying firearms while allowing that age group to freely possess and use firearms of…
Illinois Federal Court Holds that “Assault Weapons” and “Large Capacity” Magazines are Not Protected by the Second Amendment
March 6, 2023 – A federal judge in Illinois recently issued a decision in the case of Bevis v. City of Naperville, Illinois holding that the Second Amendment does not apply to “assault weapons” and “large capacity” magazines because they are dangerous weapons that have historically been subject to bans. The City of Naperville, Illinois recently issued a ban on…
ATF’s New Stabilizing Brace Rule Challenged by 26 States and the Firearms Industry
February 10, 2023 – Two significant lawsuits were filed yesterday seeking to block enforcement of the ATF’s recently enacted Final Rule on Factoring Criteria for Firearms With Attached “Stabilizing Braces” (“Final Rule”). As we have reported, under the Final Rule, almost all pistols with a barrel length of less than sixteen inches that are equipped with a…
The Impact of Bruen on Recent Second Amendment Decisions
In September 2022, we reported about the domino effect of the Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, as federal courts began issuing opinions applying this historic precedent. The Supreme Court in Bruen held that the “Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.” Further,…
ATF Publishes Final Rule on Stabilizing Braces
January 31, 2023 – ATF published the final stabilizing brace rule in the federal register. As we reported earlier this month, under this rule, any pistol with a barrel length of less than sixteen inches that is equipped with a stabilizing brace is considered a short-barreled rifle (SBR) and subject to the heightened ownership and transfer restrictions in…
Lawsuits Filed Challenging Illinois HB 5471 Result in Temporary Restraining Order
On January 10, 2023, Illinois enacted HB 5471, the Protect Illinois Communities Act, which was effective immediately. HB 5471 contains three primary provisions: (1) a ban on “assault weapons”; (2) a ban on .50 BMG rifles and ammunition; and (3) a ban on “large capacity” magazines. HB 5471 was initially introduced on January 31, 2022, solely…
ATF Issues Final Rule Regarding Stabilizing Braces for Pistols
January 13, 2023 – Just in time for SHOT Show, U.S. Attorney General Merrick Garland signed Final Rule 2021R-08F to reclassify pistols with stabilizing braces as short-barreled rifles. Under this rule, any pistol with a barrel length of less than sixteen inches that is equipped with a stabilizing brace that allows it to be fired from the…
ATF Issues Open Letter Concerning Impact of Rule 2021-05F on Partially Complete Pistol Frames
December 29, 2022 – The ATF’s definition of “firearm” was drastically changed with the enactment of Final Rule 2021-05F in August of 2022. In particular, this Rule added a new definition for a “[p]artially complete, disassembled, or nonfunctional frame or receiver,” which includes, among other things, “a frame or receiver parts kit, that is designed to or may…