“Renzulli Run Down” — The RLF Firearms and Shooting Sports Industry Newsletter
Fourth Circuit Strikes Down Gun Control Act Ban as Unconstitutional
July 16, 2021 In a 2-1 decision dated July 13, 2021, the Fourth Circuit struck down certain provisions of the Gun Control Act (“GCA”) as a violation of the Second Amendment. At issue in Hirschfeld v. ATF were the federal statutes that prohibit licensed dealers from selling handguns and handgun ammunition to 18-, 19-, and 20-year-olds. It…
Renzulli Law Firm Successfully Defeats Appeal on Behalf of New York Shooting Association
July 23, 2021 RLF achieved another victory for one of its firearm industry clients by successfully defeating an appeal brought by the Plaintiff in a case against the Long Island Practical Shooters Association (LIPSA). The case involved a competitive quick-draw shooting competition hosted by LIPSA on August 21, 2016. The Plaintiff, who had extensive experience…
NEW YORK GOVERNOR SIGNS LAW INTENDED TO BYPASS THE PLCAA AND DECLARES GUN VIOLENCE EMERGENCY
On July 6, 2021, Governor Cuomo signed Senate Bill 7196 (which is a revised version of Senate Bill 1048A) into law. The express purpose of SB7196 is to bypass the immunity provided to members of the firearms industry by the Protection of Lawful Commerce in Arms Act (“PLCAA”). It does so by creating a broad…
TEXAS ISSUES UNANIMOUS DECISION IN PLCAA IMMUNITY CASE ARISING FROM THE SUTHERLAND SPRINGS CHURCH SHOOTING
June 25, 2021 Today the Texas Supreme Court issued a unanimous decision granting a petition for a writ of mandamus filed by Academy, Ltd. d/b/a Academy Sports + Outdoors (“Academy”) to dismiss lawsuits arising from the 2017 church shooting in Sutherland Springs, Texas pursuant to the Protection of Lawful Commerce in Arms Act (“PLCAA”). Plaintiffs in…
Biden Administration Announces “Zero Tolerance” Enforcement of Firearm Dealer Laws and Regulations
June 24, 2021 In a national address on Wednesday, President Biden and Attorney General Merrick Garland revealed the Administration’s plan to address the rising level of violent crime across the country by specifically targeting firearm dealers. They will be implementing a “zero tolerance” policy with respect to alleged “rogue gun dealers” who fail to abide…
New York Senate Passes Series of Gun Control Bills Targeting the Firearms Industry
June 9, 2021 The New York Senate and Assembly recently passed a series of gun control bills targeting the firearms industry at-large, as well as law abiding gun owners in the Empire State. The following are some of the key aspects of the bills that are likely to be signed into law by Governor Andrew…
PROPOSED NEW FEDERAL GUN CONTROL LEGISLATION
June 5, 2021 On May 18, 2021, seven Democratic members of the House of Representatives introduced H.R. 3299, the Protecting Our Communities Act. The text of H.R. 3299 is not yet available and its official name is currently “To help reduce gun violence through background checks and the National Firearms Act and for other purposes.” …
CONSTITUTIONAL CARRY BILL HEADED TO TEXAS GOVERNOR
June 5, 2021 On May 27, 2021, the Texas legislature passed H.B. 1927, the Firearm Carry Act of 2021. H.B. 1927 would allow persons who are at least twenty-one years old, are not prohibited by federal or state law from possessing firearms, and are not intoxicated, to carry a handgun concealed or openly (in a…
Connecticut Looks to Reinstate COVID-19 Executive Order that Suspended Processing of Firearm Permit Applications
May 27, 2021 Shortly after the COVD-19 pandemic took hold in the spring of 2020, State Governors began to impose sweeping Executive Orders with the stated purpose of combating infections and “flattening the curve.” On March 17, 2020, Connecticut Governor Ned Lamont issued Executive Order 7E which suspended Conn. Gen. Stat. § 29-17c, a law…
Supreme Court References Red Flag Laws in Fourth Amendment Unlawful Search and Seizure Case
May 22, 2021 ATF Officially Publishes its Proposed Changes to Alter the Federal Definition of a “Firearm” On May 21, 2021, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (“ATF”) published its official proposal to amend the federal definition of a “firearm,” and implement other corresponding changes. RLF previously reported that the new proposal is…
ATF Officially Publishes its Proposed Changes to Alter the Federal Definition of a “Firearm”
May 22, 2021 On May 21, 2021, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (“ATF”) published its official proposal to amend the federal definition of a “firearm,” and implement other corresponding changes. RLF previously reported that the new proposal is designed to enable the federal government to regulate and control the production of so-called…
ATF Documents Reveal Proposed Regulations on “Ghost Guns”
April 22, 2021 The Bureau of Alcohol, Tobacco, Firearms and Explosives’ plan to regulate “ghost guns” is starting to take shape. A 107-page internal document was leaked yesterday which included a number of proposals specifically targeted at manufacturers and sellers of 80% receivers and component parts, often referred to as “ghost guns.” These proposals surfaced two weeks after…
ATTEMPT BY CONGRESS TO REPEAL PLCAA
May 19, 2021 Democrats on Capitol Hill recently introduced bicameral legislation called the “Equal Access to Justice for Victims of Gun Violence Act” that will open the gun industry to even more frivolous lawsuits. In 2005, the Protection of Lawful Commerce in Arms Act (“PLCAA”) became law. The PLCAA protects the licensed and heavily regulated…
SUPREME COURT TO DECIDE MAJOR SECOND AMENDMENT CASE
April 26, 2021 For the first time in more than a decade, the Supreme Court is poised to issue a major decision regarding the scope of the right to keep and bear arms protected by the Second Amendment. Earlier today, the Supreme Court granted a petition for a writ of certiorari in the case of New York State Rifle…
ATF Documents Reveal Proposed Regulations on “Ghost Guns”
April 23, 2021 The Bureau of Alcohol, Tobacco, Firearms and Explosives’ plan to regulate “ghost guns” is starting to take shape. A 107-page internal document was leaked yesterday which included a number of proposals specifically targeted at manufacturers and sellers of 80% receivers and component parts, often referred to as “ghost guns.” These proposals surfaced two weeks after…
Walmart Win Provides Lifeline for Companies Dealing With CCPA Private Actions
April 15, 2021 The California Consumer Protection Act (CCPA), which went into effect on January 1, 2020, permits private citizens to sue companies for failing to adequately protect their personal information in addition to imposing regulatory fines connected to the rights of California residents under the CCPA (read more about the CCPA here and here). …
President Biden Unveils New Executive Actions on Gun Control
April 8, 2021 Today, from the Rose Garden, President Joe Biden announced a series of Executive Actions to further the Biden Administration’s gun control agenda. Realizing that Congressional action on gun control is unlikely due to a deeply divided Senate and a filibuster that affords Republicans the ability to block excessive gun control proposals from…
EXECUTIVE AUTHORITY TO BAN BUMP STOCKS QUESTIONED
April 4, 2021 After a series of set-backs endured by bump stock owners and gun rights organizations around the country, on March 25, 2021, the U.S. Court of Appeals for the Sixth Circuit in the case of Gun Owners of America, Inc. v. Garland, held that bump stocks cannot be classified as “machineguns” as defined…
Ninth Circuit Rules There is No Constitutional Right to Carry
March 26, 2021 This week an en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued a 7-4 decision holding that states may regulate and restrict the public carry of firearms. This decision reversed a prior holding of the same court that had struck down as unconstitutional a Hawaii County statute that effectively limited the issuance…
RLF OBTAINS DISMISSAL FOR PISTOL MANUFACTURER PURSUANT TO THE PLCAA
March 19, 2021 The U.S. District Court for the District of Arizona issued a decision on March 11, 2021 granting a motion to dismiss pursuant to the Protection of Lawful Commerce in Arms Act (“PLCAA”) that Renzulli Law Firm had filed on behalf of a pistol manufacturer. Plaintiff was shot and severely injured (paraplegia) while a…
Multiple States Attempt to Preempt Potential New Federal Firearm Restrictions
March 12, 2021 It is no secret that the Biden Administration – along with a Democrat led Congress – is attempting to enact new federal firearms restrictions into law. The new Administration recently called on Congress to pass laws requiring background checks on all firearms sales, ban “assault weapons” and high-capacity magazines, and eliminate the…
NRA Countersues New York Attorney General
March 2, 2021 The latest chapter in the saga of Letitia James’ attempts to dismantle the NRA unfolded this week, as the NRA countersued the New York Attorney General, claiming that she has violated the group’s rights under the New York Constitution and engaged in her present lawsuit to pursue a political vendetta. The counterclaims…
Biden Considers Executive Action to Control “Ghost Guns”
March 2, 2021 Over the course of last year’s Democratic Party Primary and the General Election, then-Candidate Biden unveiled a gun control agenda that ranged from “common-sense” initiatives to truly outlandish efforts such as banning all online sales of ammunition (if you missed it, you can read Renzulli Law Firm’s summary of the Biden agenda…
SURGE OF ONLINE SCAMMERS IMITATING FIREARMS COMPANIES
February 18, 2021 The Internet is full of scammers, identity thieves, and a host of other criminals. Everyone knows this, and many people do their best to avoid the ever-evolving schemes that circulate in the digital world. But what happens when the scammer doesn’t target you, but instead goes after your customers? Using your company…