“Renzulli Run Down” — The RLF Firearms and Shooting Sports Industry Newsletter
ATF REGULATIONS EXPAND REQUIREMENTS FOR SECURE GUN STORAGE OR SAFETY DEVICES
January 10, 2022 The Gun Control Act (“GCA”) requires all federally licensed firearms dealers to certify that they have secure gun storage or safety devices available for purchase by their customers. On Monday, the DOJ published a new regulation in the Federal Register that expands this requirement. The new rule, which goes into effect on February 3,…
THINGS TO REMEMBER THIS HOLIDAY SEASON
December 24, 2021 With the Holidays upon us, the tradition of family gatherings and last minute gift buying is in full swing. Although most firearm owners are cognizant of and practice safe firearm handling and storage – it is even more important to properly and safely store your firearms when you invite others into your…
CALIFORNIA GOVERNOR PROPOSES LAW TO ALLOW PRIVATE LAWSUITS AGAINST THE FIREARMS INDUSTRY
December 21, 2021 Governor Newsom recently announced that he has directed his staff to work with the California legislature and Attorney General to draft a bill that would “create a right of action allowing private citizens to seek injunctive relief, and statutory damages of at least $10,000 per violation plus costs and attorney’s fees, against…
RENZULLI LAW FIRM ACHIEVES VICTORY IN PRODUCT LIABILITY CLAIM AGAINST FLARE LAUNCHER MANUFACTURER
December 16, 2021 Renzulli Law Firm represented an industry leading manufacturer of safety equipment in a lawsuit pending in federal court in Indiana. Plaintiff claimed that one of defendant’s products, a marine flare launcher, caused her serious injuries due to an alleged defect in design. Plaintiff was using the product in her home for self-defense…
D.C. VOTES TO AMEND ITS “GHOST GUN” BAN IN RESPONSE TO LEGAL CHALLENGE
November 23, 2021 On November 16, 2021, the D.C. Council voted to amend its recently enacted law banning “ghost guns” on an emergency basis in response to a lawsuit filed by Dick Heller. Renzulli Law Firm, LLP previously reported on the lawsuit filed against the District of Columbia in the U.S. District Court for the District of Columbia challenging the constitutionality…
NINTH CIRCUIT UPHOLDS CALIFORNIA’S BAN ON MAGAZINES WITH A CAPACITY OF MORE THAN TEN ROUNDS
December 2, 2021 In a split decision by an en banc panel in the case of Duncan v. Bonta, the U.S. Court of Appeals for the Ninth Circuit upheld California’s ban on magazines with a capacity of more than ten rounds (often referred to as large-capacity magazines). In so doing, the court reversed a decision by Judge Benitez of the U.S. District…
NEVADA SUPREME COURT HOLDS THE NEVADA IMMUNITY STATUTE PROHIBITS CLAIMS AGAINST FIREARM DEFENDANTS FROM THE ROUTE 91 HARVEST FESTIVAL SHOOTING
December 2, 2021 Today the Nevada Supreme Court unanimously held that the Nevada firearm industry immunity statute, NRS 41.131(1), provides the manufacturers and dealers of the AR-type rifles used in the October 1, 2017 shooting at the Route 91 Harvest Festival in Las Vegas with immunity from the lawsuit filed against them. The court’s decision was issued in…
‘Tis the Season for Internet Scams
November 18, 2021 The holiday season is upon us, and along with the increase in online shopping comes an increase in online scammers. At Renzulli Law Firm, we have been tracking an increase in the number of scam sites which use the name of a legitimate company in the domain name in order to attract…
NEW YORK STATE ENACTS NEW GUN CONTROL LAWS
November 12, 2021 Several New York bills were recently signed into law banning “ghost guns,” defining the term “unfinished frame or receiver,” and expanding the definition of “disguised guns.” These new laws are poorly written, conflict with federal law, expand the class of prohibited items, and are likely to result in significant confusion. S.13A/A.2666A, the…
ORAL ARGUMENT BEFORE THE U.S. SUPREME COURT IN SECOND AMENDMENT CASE
November 3, 2021 Oral argument was held before the United States Supreme Court this morning in the case of New York State Rifle & Pistol Association, Inc. v. Kevin P. Bruen, in his Official Capacity of Superintendent of New York State Police. As previously reported, this lawsuit arises from a challenge to New York’s concealed carry law…
ILLINOIS SUPREME COURT STRIKES DOWN FIREARM AND AMMUNITION TAX
October 29, 2021 The Illinois Supreme Court issued a 6-0 decision this week holding that two Cook County ordinances that impose a tax on the retail purchase of firearms and ammunition violate the Illinois State Constitution. This case arises from a 2012 ordinance enacted by the Cook County Board of Commissioners that imposed a $25 tax on…
Pennsylvania Supreme Court Allows Lawsuit Challenging Local Firearm Restrictions to Go Forward
October 22, 2021 The Pennsylvania Supreme Court issued a ruling this week allowing a group of plaintiffs to proceed with their lawsuit challenging firearm restrictions enacted by the City of Harrisburg, PA. The court held that the plaintiffs were entitled to proceed with their lawsuits even though they have not yet been prosecuted for violations of the…
D.C.’s “GHOST GUN” BAN FACES LEGAL CHALLENGE
October 15, 2021 On September 8, 2021, Dick Heller filed a lawsuit against the District of Columbia in the U.S. District Court for the District of Columbia challenging the constitutionality of a new D.C. law purporting to ban the possession or manufacture of “ghost guns” as overly broad and unconstitutionally vague. Dick Heller is the same plaintiff who brought…
PROPOSED ILLINOIS LEGISLATION WOULD ALLOW ANYONE TO SUE THE FIREARMS INDUSTRY IN STRICT LIABILITY FOR INJURIES CAUSED BY THE UNLAWFUL DISCHARGE OF FIREARMS
October 8, 2021 The Firearms Dealer and Importer Liability Act, a/k/a/ the Protecting Heartbeats Act, HB4156, which was introduced in Illinois on September 28, 2021 would hold firearms manufacturers, importers and dealers strictly liable for any bodily injury or death caused by the unlawful discharge of a firearm in Illinois. It would allow anyone, other than…
American Bar Association Weighs In On Major Second Amendment Case
October 1, 2021 According to the American Bar Association (“ABA”), state and local governments have the right to tailor firearms regulations according to their own judgment regarding public health and safety. This was the broad theme of an amicus brief filed by the ABA last week in New York State Rifle & Pistol Association Inc. v.…
RENZULLI LAW FIRM IS VICTORIOUS BEFORE THE MISSOURI COURT OF APPEALS IN CASE ALLEGING STRAW PURCHASE OF AMMUNITION
September 24, 2021 On September 21, 2021, the Missouri Court of Appeals issued a decision affirming the dismissal of a case in which plaintiffs alleged that a sporting goods store illegally sold ammunition to a straw purchaser. Renzulli Law Firm represented the store in both the trial court and on appeal. Plaintiffs claimed that the store sold…
ATF FILES PETITION FOR REHEARING EN BANC TO THE FOURTH CIRCUIT IN THE HIRSCHFELD V. ATF CASE
September 15, 2021 As Renzulli Law Firm previously reported, in a 2-1 decision dated July 13, 2021, a panel of the Fourth Circuit Court of Appeals declared the provision in the Gun Control Act prohibiting federally licensed firearms dealers from transferring handguns to persons between 18-20 years old to be unconstitutional on the basis that…
President Biden Pulls Nomination of Chipman
September 9, 2021 It is being widely reported that President Biden is withdrawing the nomination of David Chipman to be the next Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Mr. Chipman’s nomination was uniformly opposed by firearms industry members and Second Amendment advocates, and widely supported by gun control groups, such as…
Texas Constitutional Carry Law Takes Effect
September 3, 2021 On September 1, 2021, Texas House Bill 1927 took effect, making Texas the 21st state to eliminate a license requirement to carry a handgun. Prior to Sept. 1, Texans were required to submit fingerprints, complete four to six hours of training, and pass a written exam and shooting proficiency test to obtain a…
U.S. Supreme Court to Hear Oral Argument in Pivotal Second Amendment Case
August 18, 2021 It was announced yesterday that the case of New York State Rifle & Pistol Association, Inc. v. Keith M. Corlett, in His Official Capacity as Superintendent of New York State Police is scheduled for oral argument before the Supreme Court on November 3, 2021. The appeal is the final step in a lawsuit challenging…
US Court of Appeals for the Third Circuit Issues Precedential Second Amendment Decision Reinstating Challenge to Pennsylvania Zoning Restrictions
August 24, 2021 On August 17, 2021, the U.S. Court of Appeals for the Third Circuit issued a precedential Second Amendment decision in the case of Drummond v. Robinson Township. The court reversed the district court’s dismissal of a lawsuit brought by William Drummond against Robinson Township challenging certain zoning regulations it put in place after…
Mexico Sues Firearms Companies in Boston Federal Court
August 9, 2021 On August 4, 2021, Estados Unidos Mexicanos (Mexico) filed a Complaint in the District of Massachusetts against several firearms manufacturers and one distributor. Mexico deceptively claims that these defendants manufacture a large majority of the illegal firearms used to commit crimes in Mexico, especially those used by drug cartels. Mexico claims that the defendants…
USPTO Publishes Draft Regulations That Allow Anonymous Challenges to Trademark Registrations
August 9, 2021 In late 2020, Congress passed the Trademark Modernization Act of 2020 (“TMA”), the first major revision to U.S. trademark law in years. The TMA will have an impact on many current and prospective trademark owners (for more information on how the TMA affects trademark owners outside the U.S., click here). The TMA directed…
ATF INTRODUCES GUIDANCE TO INCREASE THE REVOCATION OF FFLS
JULY 27, 2021 The ATF’s Acting Assistant Director for Field Operations issued a memorandum on July 14, 2021 directing the ATF to seek to revoke an FFL for situations that previously would not have likely justified revocation. The subject of the memorandum is “Implementation of the Administration’s Comprehensive Strategy to Prevent and Respond to Gun Crime and…