“Renzulli Run Down” — The RLF Firearms and Shooting Sports Industry Newsletter
California Assembly Passes Bill to Circumvent the PLCAA
June 10, 2022 – Following New York’s attack against the firearms industry, the California State Assembly recently passed the Firearm Industry Responsibility Act, AB1594. AB1594 is an attempt to negate the immunity provided by the Protection of Lawful Commerce in Arms Act (“PLCAA”). California Assembly Bill 1594 is modeled after a similar New York law that was recently…
New York State Continues Its Assault on the Firearms Industry and Second Amendment by Passing Additional Gun Control Laws
June 3, 2022 – New York State has continued its attacks against law abiding firearm owners by rushing to pass gun control legislation in response to the shootings in Buffalo, New York and Uvalde Texas. Like with the SAFE Act that was rushed through in 2013, New York’s Democratic Governor and the Democratic leaders of…
FIREARMS INDUSTRY TO APPEAL FEDERAL COURT’S DISMISSAL OF CHALLENGE TO THE CONSTITUTIONALITY OF THE NEW YORK NUISANCE STATUTE
June 2, 2022 – The attack on the firearms industry in New York continues with the issuance of a decision dismissing the industry’s lawsuit challenging New York’s recent public nuisance statute, enacted with the express purpose of attempting to bypass the Protection of Lawful Commerce in Arms Act (“PLCAA”). On July 6, 2021, New York…
Ninth Circuit Strikes Down California’s Age-Based Restrictions on Sales of Semi-Automatic Rifles
May 19, 2022 – In a 2-1 decision issued last week, the U.S. Court of Appeals for the Ninth Circuit reversed a decision by the U.S. District Court for the Southern District of California that had upheld a California statute banning the sale of center-fire, semi-automatic rifles to residents less than 21 years old. This statute went…
What Does the Trademark Modernization Act Mean for Your Business?
May 13, 2022 – In 2020, President Trump signed the Trademark Modernization Act (TMA) into law. After initial regulations were released and commented on by the public, final regulations were published and several key provisions of the law went into effect in December, 2021. You can read more about the history of the TMA’s adoption…
Washington State Supreme Court Holds City Ordinance Regulating Storage of Firearms is Preempted by State Law
May 6, 2022 – In a unanimous decision, the Supreme Court of the State of Washington recently held that a city ordinance enacted by the City of Edmonds regulating the storage of firearms is preempted by state law. The ordinance was passed by the City Council in July 2018, and attempted to require firearm owners to keep their…
“Pistol Brace Protection Act” Proposed to Prevent Pistols with Stabilizing Braces Being Classified as NFA Firearms
April 29, 2022 – Representative James Kanford (R. Okla.), recently introduced S.4069, the Pistol Brace Protection Act (“PBPA”). If enacted, the PBPA would amend the National Firearms Act (“NFA”) to provide that pistols with stabilizing braces are not considered to be short-barreled rifles (“SBRs”). Over the years, the ATF has issued numerous classification letters confirming that…
ATF Reversing Prior Determinations against Dealers and Seeking Revocation Instead
April 19, 2022 – Renzulli Law Firm is aware of several recent circumstances in which the ATF is instituting revocation proceedings against federal firearms licensees (FFLs) where the cases had been previously closed after a warning conference. It appears the ATF is not only taking a “zero tolerance” approach to current situations and audits, but…
ATF PUBLISHES FINAL RULE MAKING SIGNIFICANT CHANGES TO FEDERAL FIREARMS REGULATIONS
On April 10, 2022, Attorney General Garland signed a Final Rule titled “Definition of ‘Frame or Receiver’ and Identification of Firearms” (“Final Rule”). This 364 page document makes extensive revisions to the Code of Federal Regulations governing commerce in Firearms, including the regulations adopted pursuant to the Gun Control Act (“GCA”), the National Firearms Act, and…
Anti-Gun Groups Demand Federal Trade Commission Investigate Firearms Industry
April 12, 2022 – Last week Brady United, Giffords Law Center, March for Our Lives, and the Firearms Accountability Task Force filed a petition with the U.S. Federal Trade Commission (“FTC”) requesting an investigation into the firearms industry’s advertising practices. The petitioners allege that firearm industry members engage in false and misleading advertising by suggesting…
Vermont Enacts Statute Extending the Delay Period to Complete Background Checks
April 8, 2022 – Vermont Governor Phil Scott recently signed Senate Bill 4 (“S.4”), which extends the required waiting period before a federal firearms licensee (“FFL”) can transfer a firearm to someone without an FFL when the results of the National Instant Criminal Background Check System (“NICS”) is still listed as delayed. Federal law allows an FFL…
United States and European Union Agree to Trans-Atlantic Data Privacy Framework
March 30, 2022 – Late last week, the Biden Administration and the European Commission announced that they had agreed in principle to a framework that would allow the flow of personal information between the United States and the European Union (EU) to continue. The transfer of this information is critical to the operations of Google,…
Alabama, Ohio, and Indiana Enact Constitutional Carry Laws
March 24, 2022 – This month, Alabama, Ohio, and Indiana enacted constitutional carry legislation, eliminating the permit requirement for carrying concealed firearms. Alabama Governor Kay Ivey signed H.B. 272 into law, Ohio Governor Mike DeWine signed S.B. 215 into law, and Indiana Governor Eric Holcomb signed H.B. 1296 into law. With the recent additions of Alabama, Ohio, and Indiana, there are…
Connecticut Introduces Comprehensive Gun Control Bill
March 17, 2022 – At the start of Connecticut’s 2022 legislative session, Governor Ned Lamont introduced GB-16 “An Act Addressing Gun Violence and Juvenile Crime” for action by the Connecticut legislature. Governor Lamont, an ardent gun control supporter, stated the bill is “aimed at eliminating gun violence in Connecticut through a series of targeted initiatives” and claimed…
Congressional Republicans Introduce “No REGISTRY Rights Act”
March 10, 2022 – Earlier this week, Texas Representative Michael Cloud and 44 Republican co-sponsors introduced legislation that would prevent the incidental creation of a federal firearms registry. The “No Retaining Every Gun In a System That Restricts Your Rights Act,” or “No REGISTRY Rights Act” for short, would prevent the ATF from collecting firearm…
U.S. Department of Justice Challenges Missouri’s Second Amendment Preservation Act in Federal Court
March 3, 2022 – The United States recently filed a complaint in U.S. District Court for the Western District of Missouri challenging the constitutionality of the Missouri Second Amendment Preservation Act, and seeking an injunction prohibiting Missouri from enforcing it. As we previously reported, the Act states that “all federal acts, laws, orders, rules, and regulations,” that infringe on…
NEVADA SUPREME COURT DENIES PLAINTIFFS’ PETITION FOR REHEARING OF DECISION HOLDING THAT THEIR CLAIMS ARE BARRED BY NEVADA’S IMMUNITY STATUTE
February 24, 2022 – Today the Nevada Supreme Court issued an order unanimously denying plaintiffs’ petition for rehearing from its December 2, 2021 decisionregarding the Nevada firearm industry immunity statute, NRS 41.131(1). The December 2, 2021 decision was issued in the case of Parsons v. Colt’s Manufacturing Company LLC, et al. and held that NRS 41.131(1) provides the…
Proposed Arizona Law Would Require Gun Safety Course in Grade School
February 23, 2022 – Arizona State Representative Quang Nguyen recently introduced House Bill 2448, which would require public and charter schools to provide students in grades six through twelve with “one or more training sessions in firearms safety in an age-appropriate manner.” If enacted into law, Arizona schools would be required to offer firearms safety training…
RENZULLI LAW FIRM WINS SUMMARY JUDGMENT FOR FIREARMS DEALER PURSUANT TO NEW HAMPSHIRE IMMUNITY LAW
On February 14, 2022, Renzulli Law Firm won a motion for summary judgment dismissing claims against a firearms dealer pursuant to New Hampshire’s firearms industry immunity law. RLF’s client, a federally licensed firearms dealer in New Hampshire, legally sold a firearm to a purchaser. Six weeks later, the purchaser used the firearm to shoot two…
Missouri Supreme Court to Decide Case Involving the Second Amendment Preservation Act
On February 7, 2022, the Missouri Supreme Court heard arguments regarding the state’s Second Amendment Preservation Act (the “Act”) in the case of City of St. Louis v. State of Missouri. The Act, which was signed into law by Governor Mike Parson last Summer, states that “all federal acts, laws, orders, rules, and regulations,” that infringe on the…
ATF Finalizing Rules To Classify Pistols With Stabilizing Braces As Short-Barreled Rifles
On January 31, 2022, the ATF published a Notice in the Federal Register regarding its plans to finalize the proposed rule regarding Factoring Criteria for Firearms with an Attached Stabilizing Brace that it had first published on June 10, 2021. The ATF also noted its plans to finalize the proposed rule regarding the Definition of “Frame or Receiver”…
WASHINGTON STATE SENATE INTRODUCES BILLS TO BAN “ASSAULT WEAPONS” AND “LARGE CAPACITY” MAGAZINES
January 27, 2021 The Washington State Senate recently introduced bills seeking to ban “assault weapons” and “large capacity” magazines. SB5217 would ban “assault weapons,” which it defines as: (1) dozens of specifically named models; (2) any semi-automatic rifle with an overall length of less than 30”; and (3) “copycat weapons.” Copycat weapons are defined as any…
FIREARMS STORAGE BILL INTRODUCED IN MICHIGAN SENATE
January 21, 2022 Democrats in the Michigan State Senate recently introduced a bill, the passage of which would affect firearm sellers, retail purchasers, and existing firearm owners in Michigan. SB550 would require retail dealers to provide a written warning to firearm purchasers and post conspicuous warnings at the counter, informing customers of their legal obligation to safely…
CALIFORNIA LEGISLATURE PROPOSES BILL TO CIRCUMVENT THE PLCAA
January 14, 2022 A proposed bill was recently introduced in the California Assembly to bypass the immunity provided to members of the firearms industry by the Protection of Lawful Commerce in Arms Act (“PLCAA”). AB-1594 would add a new provision to the California Civil Code stating that: A gun industry member shall have created or…