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