No Background Checks for Ammunition Under New York SAFE Act

July 14, 2015; Background checks will not be required under the New York SAFE Act pursuant to a memorandum of understanding (“MOU”) signed by Gov. Andrew M. Cuomo’s director of state operations, James Malatras, and State Senate Majority Leader John Flanagan. Although the provision was never implemented, the SAFE Act as written requires background checks for all ammunition purchases using a statewide license and record database. The MOU sets aside these requirements because the technology for such a database simply does not exist. A link to the MOU announcing the policy change can be found here.

Concealed Carry Amendments in Mississippi

New concealed carry laws went into effect on July 1 in Mississippi. Among other things, the laws lower concealed carry fees, allow firearms to be carried in purses, satchels and briefcases without a license, and exempt disabled veterans, honorably retired law enforcement officers, and active duty military from license requirements. The bills also permit possession of M855 “green tip” rifle ammunition in response to recent ATF attempts to classify the ammunition as “armor piercing.” A copy of Senate Bill 2394 can be found here and a copy of Senate Bill 2619 can be found here.

Shareholders Cannot Control Wal-Mart’s Decision to Sell Firearms

The United States Court of Appeals for the Third Circuit has curbed shareholders’ ability to control the type of products, such as firearms, sold by large retailers. In Trinity Wall Street v. Wal-Mart Stores, Inc., Case No. 14-4764 (3d Cir. July 6, 2015), the United States Court of Appeals for the Third Circuit addressed a shareholder proposal that would force the Wal-Mart board of directors to develop standards for management in deciding whether to sell products that “endanger public safety.” The narrative in the proxy statement made clear that the proposal was directed towards the sale of firearms with high capacity magazines. The court affirmed Wal-Mart’s decision to omit the proposal from its proxy materials because Securities Exchange Commission Rule 14a-8(i)(7) permits the exclusion of proposals that relate to “ordinary business operations.” The court found that the decision of a large retailer about what products to sell went to the core of its “ordinary business operations.” A copy of the Third Circuit Court’s opinion can be found here.

Renzulli Law Firm is Monitoring Firearm-Related Legislative Developments

Renzulli Law Firm, nationally recognized as one of the premier law firms in the country serving the Firearms Industry, is monitoring legislative developments affecting the industry and publishing regular updates which are available by e-mail and on this website.  Any questions you may have about these developments should be directed to John F. Renzulli or Christopher Renzulli.