“Renzulli Run Down” — The RLF Firearms and Shooting Sports Industry Newsletter
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…
Buffalo and Rochester, New York File Lawsuits Against the Firearm Industry
On December 20, 2022, the City of Buffalo, New York filed a complaint against numerous manufacturers, distributors, and retailers of firearms, as well as various manufacturers and sellers of 80% receivers, or so-called “ghost guns.” On December 21, 2022, the City of Rochester filed an almost identical complaint against the same defendants. Both complaints raise…
Supreme Court Decision Could Create New Ammunition for Firearm Brands to Fight Infringement
December 19, 2022 – There are countless examples of apparel, accessories, and other merchandise that unlawfully use the trademarks, logos, and brands of firearms manufacturers popular within the industry. Trademarks are powerful tools for consumer and brand protection, but trademark rights do not trump the First Amendment. When an individual uses another’s trademark in an…
ATF RELEASES NEW VERSION OF THE FORM 4473
December 7, 2022 – The ATF released a new version of the Form 4473 today. According to the ATF, this revised version was necessitated by new statutory requirements implemented though the NICS Denial Notification Act and the Bipartisan Safer Community Act, and to reflect the implementation of Final Rule 2021R-05F (new definitions of “firearm frame or receiver” with new markings…
Federal Judge to Hear Challenge to California Statute Shifting Attorney’s Fees in Firearms Cases
December 2, 2022 – California recently enacted a statute intended to prevent lawsuits challenging state and local statutes restricting firearms through an onerous attorney’s fees provision. Thus, not only does California continue to enact unconstitutional laws restricting its citizens from exercising their Second Amendment constitutional rights, but it is now trying to punish those that…
The Firearms Industry Has Much to be Thankful for this Year
November 23, 2022 – Happy Thanksgiving to all our friends and family! As Thanksgiving Day approaches, we look forward to seeing family and enjoying a home cooked meal with the people we love. This is a time to be grateful for the things in our lives that we often take for granted. The firearm industry…
New Gun Control Laws in Maryland and Oregon
November 17, 2022 – In the wake of Election Day 2022, at least two new restrictions on the Second Amendment are poised to be enacted. Oregon voters passed a ballot measure that would restrict firearm ownership and ban “large capacity” magazines, and Montgomery County, Maryland passed a new version of an invalidated state law. Oregon …
Federal Court Enjoins New York from Enforcing Significant Provisions of the Concealed Carry Improvement Act
November 7, 2022 – As Renzulli Law Firm previously reported, on July 1, 2022, New York State introduced the so-called Concealed Carry Improvement Act (“CCIA”). In response, Ivan Antonyuk, along with five other New York State residents, all of whom are members of Gun Owners of America, filed a lawsuit against Bruen and several other state actors…
Election 2022: Firearm Laws on the Ballot
November 2, 2022 – The 2022 midterm elections are next Tuesday, November 8, 2022, and early voting has commenced in many states. Although politicians have dominated the news cycle, it is important to remember that other laws and initiatives are also on the ballot. In two states – Iowa and Oregon – citizens will vote…
Mexico Files Second Lawsuit Against the U.S. Firearms Industry
October 28, 2022 – Following the complete dismissal of Mexico’s lawsuit against firearms manufacturers and a distributor by the U.S. District Court for the District of Massachusetts, the Mexican government has turned its attention to firearms retailers closer to the U.S.-Mexico border. On October 10, 2022, Mexico filed a lawsuit in the U.S. District Court for the District of…