On May 24, 2018 the State and Commerce Departments issued proposed regulations regarding the transfer of export jurisdiction for commercial firearms and ammunition from the International Traffic In Arms Regulations (“ITAR”)...more
As more states join the majority, regulating some form of medical or recreational marijuana, the federal government’s position remains unchanged. Under federal law, it remains illegal to cultivate, process, distribute or...more
The firearms industry had a strong year in 2017 and will again kick off the new year with the Shooting, Hunting, Outdoor Trade Show (SHOT Show), the global trade show for all professionals involved with the shooting sports,...more
On November 29, 2017, Deputy Attorney General Rod Rosenstein announced the issuance of a revised FCPA Corporate Enforcement Policy (the “Policy”). Rosenstein announced that the “new policy enables the Department [of Justice]...more
On September 19th, Utah based SilencerCo released the Maxim 50, a suppressed muzzleloader that is not subject to the $200 tax and long wait times typically associated with a suppressor or suppressed firearm. How? ...more
This article is part of a continuing series on Operation Choke Point. The first article contains a more detailed overview of the history, origin, and evolution of Operation Choke Point and analyzes a still ongoing lawsuit...more
The U.S. firearms industry is regulated under the National Firearms Act, Gun Control Act and other federal and state firearms laws. However there is another important area of regulation that applies to the firearms industry...more
On Nov. 21, Virginia Attorney General Mark Herring announced an expansion and reorganization of the state’s Consumer Protection Section, which aims to protect consumers in the Commonwealth from “abusive and illegal business...more
The State Department has issued new policy guidance regarding the requirement for gunsmiths and others involved in the firearms industry to register with the State Department under Part 122 of the International Traffic In...more
The Centers for Medicare and Medicaid Services (CMS) this month took aim at the unauthorized taking and sharing of photos and videos – including through social media – in nursing facilities. In response to media reports and...more
Earlier this week the United States Supreme Court handed former Virginia Governor Bob McDonnell a big victory by reversing his 2014 conviction for “accepting payments, loans, gifts, and other things of value from [Johnnie]...more
6/30/2016
/ Bribery ,
Criminal Prosecution ,
Governor McDonnell ,
Hobbs Act ,
Honest Services Fraud ,
Jury Instructions ,
McDonnell v US ,
Official Act ,
Political Corruption ,
Public Officials ,
Remand ,
Reversal ,
SCOTUS
On June 20, the Senate voted on four proposals to amend federal gun control laws. These proposals, being considered just 9 days after Omar Mateen attacked the Pulse nightclub in Orlando, actually were not expected to be...more
The ATF has just released a new ruling — ATF Ruling 2016-1 — that modernizes the procedures for federal firearms licensees to keep their acquisition and disposition records in electronic format. The former procedures under...more
Last week, United States Supreme Court Justice Stephen Breyer framed the overarching issues facing the Court during oral argument in United States v. McDonnell this way:
“One, political figures will not know what...more
In January, we analyzed the immunities provided to firearms industry members under the Protection of Lawful Commerce in Arms Act (PLCAA). Despite statements by some political candidates, the PLCAA provides protection only in...more
Do gun manufacturers really have blanket immunity from lawsuits? No, not even close.
The 2016 campaign season has brought a big dose of gun policy debate, and some candidates have claimed that gun manufacturers have...more
This article is a preliminary report on the Obama administration’s action on gun control, which was announced on January 5, 2016, and provides a brief overview of the proposed action. We will provide more in-depth analysis...more
A Wisconsin gun shop, Badger Guns, has been held liable for almost $6 million for injuries to two police officers who were shot with a gun purchased at the shop. The jury’s verdict in the case, handed down on October 13,...more
North Carolina Governor Pat McCrory signed into law “An Act to Amend Various Firearms Laws” yesterday. “Various” is the key here, because the Act is far-reaching, amends over a dozen statutes, and introduces entirely new...more
Governor McDonnell’s attorneys put it this way: The Governor’s acts weren’t “official” because “none were any more remarkable than acts that governors unthinkingly take hundreds of times weekly for countless constituents,...more
7/17/2015
/ Appeals ,
Attorney General ,
Bribery ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Ethics ,
Extortion ,
Government Officials ,
Hobbs Act ,
Honest Services Fraud ,
Political Candidates ,
Wire Fraud
Section 1042(a) of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act (CFPA) empowers state Attorneys General (AGs) to bring civil actions to enforce federal consumer law against any person offering...more
In late November of 2014, a federal district court in Delaware ruled that Wal-Mart must include in its 2015 proxy materials a shareholder proposal seeking heightened board oversight concerning the societal, community, and...more
On January 14, 2014, in Mississippi v. AU Optronics Corp., the Supreme Court held that a parens patriae action (one brought by the state on behalf of its injured citizens) does not constitute a ‘mass action’ and cannot be...more