Renzulli Law Firm

Federal Court Upholds New York City Gun Licensing and Fee Regulations

In a recent decision, the U.S. District Court for the Southern District of New York upheld portions of the New York City Administrative Code requiring New York City residents to pay a $340 fee to apply for a New York City “Premises Residence” handgun license, which allows the license holder to possess handguns within a specified dwelling. In the matter of Kwong v. Bloomberg, plaintiffs, a group of New York City handgun owners, challenged this fee on the grounds that it unconstitutionally burdened their Second Amendment rights to keep and bear arms. The Court, however, upheld the fee because it was designed to defray the administrative costs of the licensing scheme and the amount was not so excessive such that it would likely deter an individual from exercising his or her Second Amendment rights. The Court further found that the fee passed muster when subjected to a means-end scrutiny, determining that it was substantially related to promoting substantial or important governmental objectives: public safety and the prevention of gun violence.

Attachments:
Kwong v. Bloomberg Decision.pdf	126 Kb

MEDICAL DEVICE REPORTING REQUIREMENTS

Medical device manufacturers are required to report to the Food and Drug Administration (“FDA”) within thirty days after receiving or otherwise becoming aware of information, from any source, that reasonably suggests that a device they manufacture may have caused or contributed to a serious injury or death, or has malfunctioned and the device or a similar device is likely to cause or contribute to a death or serious injury if the malfunction were to occur again. 21 C.F.R. § 803.50(a). The term “caused or contributed” is broadly defined as a death or serious injury that was or may have been attributable to a medical device or that a medical device was or may have been a factor in a death or serious injury. 21 C.F.R. § 803.3. Because the failure to comply with the reporting requirements are subject to FDA enforcement actions and sanctions under the Food, Drug & Cosmetic Act, medical devices manufacturers should not only be cognizant of their reporting requirements, but also the implications that these reports can have with respect to potential further actions by the FDA and potential product liability actions.

MASSACHUSETTS APPEALS COURT AFFIRMS ANOTHER VICTORY RENZULLI LAW FIRM OBTAINED PURSUANT TO THE PLCAA

The Massachusetts Appeals Court recently addressed issues that had never been decided in Massachusetts and affirmed a significant summary judgment ruling Renzulli Law Firm obtained for Glock based on the Protection of Lawful Commerce in Arms Act (PLCAA).

CONNECTICUT APPELLATE COURT UPHOLDS RENZULLI LAW FIRM, LLP’S VICTORY ON APPEAL

Based upon Renzulli Law Firm’s arguments, the Connecticut Appellate Court recently issued an order dismissing plaintiffs’ appeal from the Superior Court’s decision granting a firearms retailer’s motion to dismiss all claims against it pursuant to the Protection of Lawful Commerce in Arms Act (“PLCAA”) in a widely publicized case, Gilland v. Sportsmen’s Outpost, Inc. Plaintiffs, who were represented by the Brady Center to Prevent Gun Violence, sought to hold the firearms retailer liable for wrongful death and negligence after Scott Magnano stole a firearm from it and, more than a month later, shot and killed his estranged wife Jennifer Magnano, and then committed suicide.