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Category: eAdvisory

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**eAdvisory: (ICYMI) Celerant Partners With FastBound And FFLGuard To Offer Dealers Safe, Secure, And Compliant Retail Solution**

Celerant Partners With FastBound And FFLGuard To Offer Dealers Safe, Secure, And Compliant Retail Solution

Celerant Technology, a leading provider of innovative retail solutions for both small and enterprise firearm retailers, announced its partnership with FastBound, a leading provider of ATF compliance software for FFL’s, and FFLGuard, t he leading legal services and compliance solutions program in the country. Together- Celerant, FastBound and FFLGuard, offer firearm dealers a compliant and straightforward retail solution for point of sale, electronic bound books, electronic 4473 and more.

Whether you are a large dealer operating your firearms business with Stratus Retail, or a smaller dealer using Cumulus Retail, Celerant’s new integration with FastBound provides dealers with peace of mind and confidence during inevitable ATF inspections. Backed by FFLGuard, FastBound ensures that your electronic bound books are compliant by staying up to date with all the latest ATF regulation changes. Dealers using Celerant’s POS software with FastBound’s A&D Software have access to FFLGuard QuickTips™ and a guaranteed legal defense with FFLGuard ATF Protection Plan Plus ™.

“FastBound is honored to work with a firearms industry veteran like Celerant. The great work the Celerant team has done makes our attorney-backed A&D, 4473, and ATF compliance solutions as transparent as possible while staying compliant and it is now available to all FFLs using Celerant’s Stratus or Cumulus software. Celerant and FastBound, with legal support from FFLGuard, is huge for dealers. Dealers now have a single source for the absolute best retail software for stores, ranges, online, and mobile, the absolute best and most compliant A&D and 4473 available, and the absolute best legal support from FFLGuard, the #1 Firearms Compliance Program in the Country.” said Jason Smith, co-founder and CEO of FastBound.

“The teaming of Celerant, FastBound and FFLGuard truly provides FFLs with the personal touch that the firearms market has been undersold to date when it comes to help with their firearms compliance needs.” said Chris Chiafullo, National Coordinating Counsel of FFLGuard. “Having our Celerant, FastBound and FFLGuard #TripleThreat as part of an FFL’s day-to-day operation – as an authoritative compliance management tool – assures the FFL that all firearms compliance needs are accurately addressed 24/7 by qualified legal personnel and proven electronic providers. It’s the best of everything, all rolled into one solution for an FFL.”

As an FFL, with Celerant’s new integration to FastBound featuring FFLGuard’s Protection Plan Plus, firearm dealers never have to worry about their bound book or 4473 forms being out of compliance. FastBound detects and identifies errors and stops transactions from progressing when necessary, simplifies multiple purchase reports, and much, much more. With an assurance that forms are completed correctly, and without duplication, the result is a dramatic reduction of risk of violations, since the majority of cited violations pertain to the 4473 or multiple purchase reports.

“With our focus on innovative in-store and online retail technology, combined with FastBound’s easy-to-use compliance software plus the expertise and legal guidance of FFLGuard– dealers can automate their firearms business with an integrated solution providing comprehensive protection of their FFL and their business, ” stated Celerant Technology’s CEO and President, Ian Goldman. “It’s important for our dealers to proactively eliminate these errors before they occur, as opposed to after the fact when they could put their business in jeopardy.”

To learn more about Celerant’s retail software and integration with FastBound and FFLGuard, visit: http://www.celerant.com/fastbound-fflguard

About Celerant Technology

Celerant Technology is a retail technology provider offering unparalleled and seamless multi-channel integration to retailers across all industries. Since 1999, Celerant has consistently accelerated business growth and efficiency through unique innovations such as: POS, inventory management, advanced analytics, integrated E-Commerce, mobile applications and back office – to name a few. With an open and collaborative environment, the company focuses on each retailer’s specific needs to form genuine, enduring partnerships. Celerant supports firearms merchants with functionality to address their unique needs: e4473, Smartwaiver integration, electronic A&D book, range management, vendor integrations, Gunbroker.com integration and more. Celerant is a preferred vendor of National Shooting Sports Foundation (NSSF) and National Rifle Association (NRA). To learn more, visit https://www.celerant.com/retail-industry/firearms/.

About FastBound

Since 2010, FastBound has developed the most compliant attorney-backed A&D, 4473, and ATF compliance solutions available. Thousands of FFLs including dealers, manufacturers, distributors, importers, and pawnbrokers use FastBound to save time, save money, and stay on top of ATF compliance. Visit http://www.fastbound.com for more information.

About FFLGuard

FFLGuard is the #1 Firearms Compliance Program in the country, offered by a collection of firearms lawyers, subject matter experts, and compliance professionals who provide thousands of Federal Firearms Licensees across the country with legal services and compliance services — all with a focus on safeguarding the viability of the client’s FFL through both proactive involvement and reactive intervention. For more information on the FFLGuard program, visit https://www.fflguard.com or call 1888FFLGRD1 (1888-335-4731), follow them on Twitter @FFLGuard and review their online videos at http://www.fflguard.tv

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws.

**eAdvisory: (ICYMI) Ninth Circuit Rules Microstamping Requirement is Constitutional**

NINTH CIRCUIT RULES MICROSTAMPING REQUIREMENT IS CONSTITUTIONAL
A panel of judges from the Ninth Circuit Court of Appeals recently held that California could effectively prevent the sale of all new handgun models by imposing requirements for the inclusion of “microstamping” technology, loaded chamber indicators, and magazine disconnect devices on all new models of handguns. “Microstamping” technology uses laser etching on the firing pin or breech face of a firearm to mark every cartridge with the firearm’s make, model, and serial number when it is fired. California argues that this technology is available and would drastically improve public safety by allowing easier tracing of any casing found at crime scenes to the firearms used.

Here is what you need to know:

  • In the case, Pena v. Lindley, plaintiffs (6 individuals and organizations who seek to purchase firearms made illegal under the regulations) alleged that California’s Unsafe Handgun Act (“UHA”) violated their Second Amendment rights, as well their Fourteenth Amendment equal protection rights because the UHA impermissibly restricts the models of handguns that can be legally sold.
  • While plaintiffs’ lawsuit challenged all three requirements of the UHA (namely, mandatory inclusion of “microstamping” technology, loaded chamber indicators, and magazine disconnect devices on all new models of handguns), the panel’s decision centered on the microstamping requirement because no handgun had qualified under the UHA since it was imposed in 2013. All three judges on the panel agreed that the loaded chamber indicators and magazine disconnect mechanisms were constitutional. However, one judge argued that the requirement of “microstamping” technology was too onerous as the testing protocol established for this requirement cannot be met by any firearm manufacturer.
  • In a 2-1 decision, the majority held that the state legislature was authorized to impose “conditions and qualifications on the commercial sale of arms,” accepting the State of California’s argument that microstamping technology exists, but is not being utilized by firearms manufacturers. Specifically, the majority’s opinion stated that requiring new handguns to contain “modern technology” did not impose a substantial burden on gun buyers, and was reasonably related to California’s interests in protecting public safety and tracing cartridge casings at crime scenes.
  • The majority also justified the imposition of this requirement as an “extension” of the requirement for firearms to have a serial number, a requirement that has already been ruled constitutional by the Third Circuit.
It should be noted that the UHA is not retroactive. In other words, models of handguns that had already been approved for sale in California prior to implementation of the UHA’s microstamping requirement can continue to be lawfully sold in California (provided that the manufacturers pay the associated fees and the handguns do not fail a retest).

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws.

**eAdvisory: (ICYMI) Firearms on Demand? A Federal Judge Hits the Pause Button on 3D Printed Firearms**

FIREARMS ON DEMAND? A FEDERAL JUDGE HITS THE PAUSE BUTTON ON 3D PRINTED FIREARMS

A federal judge granted an emergency temporary restraining order (“TRO”) preventing Defense Distributed, a Second Amendment advocacy group, from distributing files on the Internet that could be used to create firearms on a 3D printer.

Here is what you need to know:

  • Defense Distributed, led by Cody Wilson, has been in a multi-year fight with the federal government to allow it to distribute free Computer Assisted Design (“CAD”) files that would enable users around the world to create firearms using 3D printers.
  • Five years ago, Wilson successfully printed and tested a firearm, dubbed the “Liberator.”  Given his success, Wilson began posting CAD files online for a limited selection of firearms with the goal of making it possible for anyone to create a firearm using a 3D printer. The federal government demanded the files be taken down because the distribution violated export controls under the International Traffic in Arms Regulations (“ITAR”). Wilson fought the federal government through the Directorate of Defense Trade Controls (“DDTC”), the division in the Department of State that enforces the ITAR, as well as in a lawsuit in the U.S. District Court for the Western District of Texas. In the lawsuit, Wilson contended that the export restrictions violated his rights under the First, Second, and Fifth Amendments to the U.S. Constitution.
  • Until recently, the federal government appeared strenuously opposed to Defense Distributed’s actions, making claims that the distribution of the CAD files implicated national security interests because the files would allegedly enable criminals and terrorists to create “virtually undetectable” firearms.
  • Several months ago, the Department of State reversed course and settled the lawsuit. As part of the settlement, the Department of State agreed to temporarily modify the rules and allow the files to be distributed.
  • Following the settlement, Wilson announced that certain CAD files would be available August 1. Eight states and the District of Columbia filed a lawsuit and sought an emergency TRO in the U.S. District Court in Seattle, Washington, alleging the modification of the rules violated the Administrative Procedure Act in three ways, as well as violating the Tenth Amendment. Specifically, the states claim any modification of these rules requires: (1) 30 days’ notice to Congress; and (2) the Department of Defense’s agreement.
  • In granting the TRO, Judge Robert Lansik referenced the possibility that “the proliferation of [printable] firearms” could have “many negative impacts,” but rested his conclusion on the fact that the federal government did not appear to follow “prescribed procedures” by not notifying Congress or receiving the approval of the Department of Defense.

This lawsuit may soon be baseless, as new regulations are pending that would transfer the jurisdiction over the export of most firearms from the Department of State to the Department of Commerce.  The Department of Commerce does not restrict the public disclosure and publication of technical data, even though this could allow foreign persons to have access to it.  The Department of State prohibited the public disclosure of technical data as a deemed export to foreign persons. Thus, if these regulations are adopted, the rules being used to block publication of the CAD drawings would no longer be in effect. We will continue to monitor developments regarding “printable” firearms, as well as the progress of this case.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws.

**eAdvisory: (ICYMI) Ninth Circuit Rules Open-Carry is a Constitutional Right**

NINTH CIRCUIT RULES OPEN-CARRY IS A CONSTITUTIONAL RIGHT

It’s been a good couple of weeks for the Second Amendment, at least in the Ninth Circuit Court of Appeals.  Just one week after affirming an injunction blocking California’s ban on standard capacity magazines, a panel of the Ninth Circuit has ruled that the Second Amendment protects an individual right to openly carry firearms in public in the case of Young v. State of Hawaii.

Here is what you need to know:

  • Plaintiff claimed his Second Amendment rights were violated when the County of Hawaii’s Chief of Police denied his application to carry a handgun.  Specifically, plaintiff alleged that the County violated the Second Amendment by enforcing Hawaii’s limitation “on the open carry of firearms to those ‘engaged in the protection of life and property’ and on the concealed carry of firearms to those who can demonstrate an ‘exceptional case.’”
  • A divided three-judge panel, in a decision written by Judge Diarmuid O’Scannlain, agreed with Young and deemed Hawaii’s licensing statute unconstitutional because it limited the right to carry a firearm openly to those “engaged in the protection of life and property.”
  • The decision is noteworthy, not simply for its holding, but also for its lengthy historical analysis of the right to “bear arms” which led the majority of judges to the conclusion that the “right to bear arms must include, at least, the right to carry a firearm openly for self-defense.”
  • The recognition of the right to “openly” carry a firearm is significant because in a prior decision, the Ninth Circuit, sitting en banc in Peruta v. California, concluded that “the Second Amendment does not protect, in any degree, the carrying of concealed firearms by members of the general public.”

The County of Hawaii is likely to Petition the Ninth Circuit for a rehearing en banc, but must do so by August 7.  If a petition for a rehearing en banc is filed and granted, the case would be reheard by an eleven judge panel and the decision could be overturned.  The losing party could file a petition for a writ of certiorari (request for leave to appeal) to the U.S. Supreme Court within ninety days of the Ninth Circuit’s final decision in this case.  There has been widespread media speculation that, in light of President Trump’s nomination of Brett Kavanaugh to the U.S. Supreme Court, the time is near for the U.S. Supreme Court to grant certiorari in a case addressing the scope of the individual right to keep and bear arms, and this case could potentially present such an opportunity.

A copy of panel’s decision is available here.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws.

**eAdvisory: (ICYMI) Trump’s Supreme Court Nominee is Expected to Support Second Amendment Rights**

TRUMP’S SUPREME COURT NOMINEE IS EXPECTED TO SUPPORT SECOND AMENDMENT RIGHTS

President Donald Trump nominated Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit to the U.S. Supreme Court, to fill the seat left open in the wake of Justice Anthony Kennedy’s retirement.  The nomination (Trump’s second to the U.S. Supreme Court) is likely to have a lasting impact on U.S. law because Judge Kavanaugh is only 53 years old, meaning that he could serve on the U.S. Supreme Court for several decades (Justice Ruth Bader Ginsburg is 85 years old and assumed her seat in 1993).

Although it is difficult to predict how judges will rule on controversial issues once they have been appointed to the Supreme Court, Judge Kavanaugh’s record suggests that he supports robust Second Amendment rights and is likely to support the individual right to keep and bear arms that the Supreme Court held is protected by the Second Amendment in District of Columbia v. Heller (2008) (“Heller I”).  In District of Columbia v. Heller (2011) (“Heller II”), Judge Kavanaugh dissented from a decision upholding extremely restrictive gun control laws enacted by the District of Columbia, namely, laws that placed onerous requirements for the registration of all firearms and a ban on the possession of most semi-automatic rifles.  In his dissenting opinion, Judge Kavanaugh wrote that there is no historical precedent for registering firearms: “Registration of all lawfully possessed guns – as distinct from licensing of gun owners or mandatory record-keeping by gun sellers – has not traditionally been required in the United States and even today remains highly unusual.” Moreover, Judge Kavanaugh explained that “semi-automatic rifles have not been traditionally banned and are in common use today” by law-abiding citizens and, therefore, are constitutionally protected for the same reasons that the Supreme Court had held in Heller I that the possession of semi-automatic handguns is constitutionally protected.

As you may recall from our post addressing Justice Kennedy’s retirement, Justice Kennedy was a part of the five-justice majority decision in Heller I.  The confirmation of Judge Kavanaugh should – as confirmed by his dissent in Heller II – preserve a five-justice majority in favor of a robust Second Amendment and the protection of an individual right to keep and bear arms.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws.

**eAdvisory: (ICYMI) “RED FLAG” Firearm Seizure Laws Proliferating**

“RED FLAG” FIREARM SEIZURE LAWS PROLIFERATING

Seven states have enacted “red flag” laws this year, continuing a demonstrable trend since the Parkland shooting. Now, a total of twelve states, including California, Connecticut, Delaware, Florida, Indiana, Maryland, Massachusetts, New Jersey, Oregon, Rhode Island, Vermont, and Washington, have “red flag” laws on the books.  These laws allow law enforcement officials and family members to seek a court order temporarily preventing persons who are alleged to pose a threat to themselves or others from purchasing or possessing firearms.

Most recently, on July 3, Massachusetts Republican Governor Charles Baker signed HB 4670 (An Act Relative to Firearms) into law.  Initially introduced as HB 3610 (later changed to HB 4517, then HB 4539), HB 4670 will allow family or household members to petition the courts for an extreme risk protection order based on allegations that the person poses a threat to themselves or others.  A District Judge can then order an individual’s firearms to be immediately seized, with the individual not being entitled to a hearing until ten days after his firearms have been seized – a process that curtails the individual’s due process rights.

At least seven other states, including Illinois, Michigan, North Carolina, Ohio, Pennsylvania, Texas, and Utah, are considering such laws.  Some of these states are close to enacting “red flag” legislation.  For example, in Illinois, House Bill 2354 (Lethal Violence Order of Protection Act) recently passed both the House and Senate. HB 2354 was sent to Republican Governor Bruce Rauner for his signature on June 28, although he has not yet indicated whether he will sign it.  HB 2354 would permit law enforcement officials or family members to seek a court order preventing a person from purchasing or possessing a firearm if the person is alleged to pose a risk to himself or others.

The continued proliferation of “red flag” laws poses a serious due process risk by allowing an individual’s firearms to be immediately seized without the right to a prior hearing.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws.

**eAdvisory: (ICYMI) WARNING: Dramatic Changes to Product Warnings Required by California’s Proposition 65 Go Into Effect on August 30**

WARNING: DRAMATIC CHANGES TO PRODUCT WARNINGS REQUIRED BY CALIFORNIA’S PROPOSITION 65 GO INTO EFFECT ON AUGUST 30

Significant changes to California’s Proposition 65 warning regulations will go into effect in two months, on August 30.  Enacted in 1986, California’s Proposition 65 (commonly called “Prop 65”) requires businesses to provide a warning regarding products that contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.  Prop 65, especially in recent years, has spawned a tidal wave of lawsuits against companies whose products allegedly do not meet Prop 65’s warning requirements.  These lawsuits are brought by private plaintiffs’ attorneys seeking substantial monetary damages.  In 2017, Prop 65 settlements totaled more than a whopping $25 million, the overwhelming majority (more than $19 million) of which consisted of attorneys’ fees and costs.

The changes to Prop 65, which take effect on August 30, usher in substantially new requirements, meaning that many currently-used warnings will not qualify for safe harbor protection under Prop 65 and will need to be significantly modified in order to avoid liability. Our attorneys are working closely with clients on Prop 65 matters, especially in light of the new changes.  We are available to help you achieve compliance with the new Prop 65 requirements and mitigate exposure to costly Prop 65 lawsuits.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws.

**eAdvisory: (ICYMI) California Just Passed the Toughest Data Privacy Laws in the United States**

WHILE U.S. BUSINESSES CONTINUE TO GRAPPLE WITH THE EU GDPR, CALIFORNIA JUST PASSED THE TOUGHEST DATA PRIVACY LAWS IN THE UNITED STATES

Throughout the months leading up to the implementation of the EU General Data Protection Regulation (GDPR) — the EU’s radical overhaul of data privacy rules and regulations — we predicted that the states would begin enacting tougher, more stringent data privacy laws. (We even predicted that California would take the lead.)  Yesterday, California enacted the California Consumer Privacy Act of 2018, which sets forth new requirements for the collection, use and sharing of personal information and disposes of a proposed ballot initiative which would have imposed substantially tougher privacy measures. Here is your “Renzulli Run Down” of several key aspects of the new law:

  • The law applies to businesses with annual gross revenues over $25 million, or that meet other defined criteria.
  • The law gives a number of rights to California consumers, including:
    • The right to know what personal information is being collected about them.
    • The right to know whether their personal information is sold or disclosed and to whom.
    • The right to say no to the sale of personal information.
    • The right to access their personal information.
    • The right to equal service and price, even if they exercise their privacy rights.
  • Like the GDPR, transparency is key under the new law. Businesses will be required to inform consumers of the categories of personal information being collected and the purposes for which that information is collected “at or before the point of collection.”
  • Businesses will be obligated to delete personal information upon request, under certain circumstances, and will be required to ensure that their service providers do the same.
  • The law also creates a private right of action for consumers, under certain circumstances, and provides for damages between $100 and $750 “per consumer per incident” or actual damages, whichever is greater.

Although the law does not go into effect until January 1, 2020, businesses need to assess existing data privacy policies and practices to ensure compliance before January 1, 2020.  Now is the time to conduct those assessments, particularly given that every business should also be evaluating existing data privacy policies and practices to determine whether the GDPR applies and, if it does, to ensure compliance. (You can read more about the importance of GDPR compliance here and here.)

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws.

**eAdvisory: (ICYMI) Justice Kennedy’s Retirement Gives Trump Opportunity to Shape U.S. Law and Protect the Second Amendment**

JUSTICE KENNEDY’S RETIREMENT GIVES TRUMP OPPORTUNITY TO SHAPE U.S. LAW AND PROTECT THE SECOND AMENDMENT

Yesterday, Justice Anthony Kennedy announced his retirement, effective July 31, from the U.S. Supreme Court.  Justice Kennedy, who has served on the Supreme Court for almost three decades, is frequently cast as a crucial “swing vote” in controversial cases, meaning that he is perceived as being the fifth vote in narrow 5-4 decisions.  As the so-called “swing vote,” Justice Kennedy has played a pivotal role in Second Amendment cases, joining the five-justice majority in District of Columbia v. Heller (2008) (which confirmed that the Second Amendment protects an individual’s right to keep and bear arms) and McDonald v. City of Chicago (2010) (which held that the Second Amendment applies to the states).  With Justice Kennedy’s retirement, President Donald Trump will have his second opportunity to nominate a justice (Justice Neil Gorsuch was Trump’s first nominee), a nominee who will inevitably play a major role in future Second Amendment cases.

The Supreme Court has not issued a substantive decision in a case involving the Second Amendment since McDonald, despite the fact that the lower federal courts have been hostile to the individual right to keep and bear arms recognized in the Heller decision. Last year, Justice Clarence Thomas, joined by Justice Gorsuch, took the unusual step of issuing a written dissent when a majority of the justices chose not to accept an appeal from the Ninth Circuit Court of Appeals’ decision in Peruta v. California, which had upheld San Diego, California’s requirement for applicants to show good cause for the issuance of a concealed handgun permit.  Justice Thomas wrote: “The Court’s decision to deny certiorari [i.e., to not take the appeal] in this case reflects a distressing trend: the treatment of the Second Amendment is a disfavored right.”

With his nominee to replace Justice Kennedy, President Trump will have an opportunity to nominate a justice that will treat the Second Amendment equally to the other amendments comprising the Bill of Rights, which will be critical to ensuring that Second Amendment rights are protected fairly.

We will closely monitor President Trump’s nominees to the Supreme Court.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws.

**eAdvisory: (ICYMI) New Jersey Governor Signs Stringent “Gun Control” Measures Into Law**

New Jersey Governor Signs Stringent “Gun Control” Measures Into Law

As expected, New Jersey Governor Phil Murphy has signed six stringent “gun control” bills into law. Here is what you need to know about the new laws:

• Bill No. A-1181 mandates the seizure of firearms owned by individuals if a mental health professional determines they pose a threat to themselves or others. This seizure is permanent unless the individual produces evidence from a mental health professional that they no longer suffer from the condition that led to the original seizure.
• Bill No. A-1217 establishes the procedure for an individual’s firearms to be seized and that individual to be banned from purchasing or possessing firearms for up to a year based on the sworn testimony or affidavit of any individual. While the affected individual has the right to a hearing, this right is only applicable after the firearm has been seized. The court issuing the order is required to hold a hearing within fourteen days after the firearms are initially seized. The state must prove by “clear and convincing” evidence that the individual poses a “significant risk of personal injury.”
• Bill No. A-2757 mandates that all private sales of firearms must be conducted through a licensed dealer, who is required to conduct a background check.
• Bill No. A-2758 heightens the requirement to obtain a concealed carry permit by requiring individuals to prove that a specific threat of violence exists against them and the permit is necessary for their protection.
• Bill No. A-2759 bans the possession of armor-piercing handgun ammunition throughout the State of New Jersey, with some exceptions, e.g., law enforcement and on private property.
• Bill No. A-2761 bans magazines holding over 10 rounds, with only a few exceptions.

A lawsuit has already been filed to prevent the enforcement of A-2761. This lawsuit has been filed in the United States District Court of New Jersey by The Association of New Jersey Rifle and Pistol Clubs, Inc. The full complaint is available on our website. In short, the lawsuit alleges violations of the Second Amendment (infringement on the right to bear arms), the Fifth Amendment (unjust taking of property without compensation), and the Fourteenth Amendment (unjust preferential treatment of retired law enforcement officers)

This electronic message, including any attachments, may contain privileged & confidential attorney-client communications, attorney work product, and/or non-public information from The Chiafullo Group, LLC.  The information contained in this message is intended for the sole use of the designated recipient.  If you are not an intended recipient of this message, please notify the sender by replying to same, and then completely delete the message from your computer desktop and system.  If you are not the intended recipient of this message, any use, disclosure, copy, distribution or reproduction of the contents of this message or any portion thereof is not authorized, unequivocally prohibited, and may be unlawful.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws.

**eAdvisory: (ICYMI) Trump Administration Proposes Substantial Improvements to the Firearm Export Process**

Trump Administration Proposes Substantial Improvements to the Firearm Export Process

The Trump Administration recently published regulations (which had been drafted by the Obama Administration, but never published), that would transfer jurisdiction over the export of most firearms from the Department of State to the Department of Commerce.  The proposed regulations, if enacted, will greatly benefit the firearms industry, which has been lobbying for these changes for several years.  Here is what you need to know:

  • The overwhelming majority of firearms manufacturers will no longer have to register as manufacturers of defense articles and pay the annual registration fee of at least $2,250 required by the International Traffic in Arms Regulations (ITAR).
  • The overwhelming majority of firearms manufacturers will no longer have to register as manufacturers of defense articles and pay the annual registration fee of at least $2,250 required by the International Traffic in Arms Regulations (ITAR).
  • Manufacturers will only have to interact with one agency to obtain export approvals, which significantly streamlines the number of hurdles to clear.
  • There is generally less red tape involved in obtaining approvals from the Department of Commerce and, in fact, the Department of Commerce has historically approved the export of more products than the Department of State. This is because the Department of State only approves the export of defense articles that generally have military application.
  • The export of firearms and ammunition will still require a permit from the federal government, and they can only be sold to countries who approve of the specific firearms and ammunition being exported, whether for use by governmental entities, or sale to the commercial market.

 

This electronic message, including any attachments, may contain privileged & confidential attorney-client communications, attorney work product, and/or non-public information from The Chiafullo Group, LLC.  The information contained in this message is intended for the sole use of the designated recipient.  If you are not an intended recipient of this message, please notify the sender by replying to same, and then completely delete the message from your computer desktop and system.  If you are not the intended recipient of this message, any use, disclosure, copy, distribution or reproduction of the contents of this message or any portion thereof is not authorized, unequivocally prohibited, and may be unlawful.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws.

**eAdvisory: (ICYMI) New Jersey Expected To Enact Stringent New Firearm Laws**

New Jersey Expected To Enact Stringent New Firearm Laws 

New Jersey Governor Phil Murphy is expected to sign six new “gun control” laws this week, which Governor Murphy touts are “sweeping gun safety legislation” that will be some of the “toughest gun laws” in the nation. Here is what you need to know:

  • Bill No. A1181 mandates the seizure of firearms owned by individuals if a mental health professional determines they pose a threat to themselves or others. This seizure is permanent unless the individual produces evidence from a mental health professional that they no longer suffer from the condition that led to the original seizure.
  • Bill No. A1217 establishes the procedure for an individual’s firearms to be seized and that individual to be banned from purchasing or possessing firearms for up to one year based on the sworn testimony or affidavit of any individual. While the affected individual has the right to a hearing, this right is only applicable after the seizure has been made. The court issuing the order is required to hold a hearing within fourteen (14) days after the seizure. The state must prove by “clear and convincing” evidence that the individual poses a “significant risk of personal injury.”
  •  Bill No. A2757 mandates that all private sales of firearms must be conducted through a licensed dealer, who is required to conduct a background check.
  • Bill No. A2758 heightens the requirement to obtain a concealed carry permit by requiring individuals to prove that a specific threat of violence exists against them and the permit is necessary for their protection.
  • Bill No. A2759 bans the possession of armor-piercing handgun ammunition throughout the State of New Jersey, with some exceptions, e.g., law enforcement and on private property.
  • Bill No. A2761 bans magazines holding over 10 rounds, with only a few exceptions.

Additionally, New Jersey’s Senate has passed a “ghost gun” ban bill. This bill would make it illegal for an individual who is not a licensed manufacturer of firearms to purchase or obtain “any combination of parts from which a firearm without a serial number may be readily manufactured,” or a “firearm frame or receiver” without a federally registered serial number. “Firearm frame or receiver” is defined as “the part of a firearm that provides housing for the firearm’s internal components, such as the hammer, bolt or breechblock, action, and firing mechanism.” This bill will now go to the New Jersey General Assembly for a vote.

This electronic message, including any attachments, may contain privileged & confidential attorney-client communications, attorney work product, and/or non-public information from The Chiafullo Group, LLC.  The information contained in this message is intended for the sole use of the designated recipient.  If you are not an intended recipient of this message, please notify the sender by replying to same, and then completely delete the message from your computer desktop and system.  If you are not the intended recipient of this message, any use, disclosure, copy, distribution or reproduction of the contents of this message or any portion thereof is not authorized, unequivocally prohibited, and may be unlawful.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws.

**eAdvisory: Safeguard Your FFL**

  ATF Culture Shift: Agents focused more on regulations, not violent crime   A recent Washington Post article discussed a change in strategy at ATF. Opposed to focusing on violent crime the articles describes the agency's focus on firearms dealers and wholesalers. The reporter is quoted as saying, "["guns are the problem, and access to guns are the problem, rather than the criminal being the direct indicator of crime.?]
>  Read the Complete Article Here
  Featured FFLGuard Compliance Solution       Each client can access our HelpDesk 24/7 by telephone, e-mail or website for solutions on any and all ATF or firearms-specific legal and compliance questions.   > Read more about services provided to each client  
  You have questions, and we have solutions to keep your firearms business running as it should. Call 1-888-335-4731 Ext. 5 or email Info@FFLGuard.com to learn more today!
  Chiafullo's BLOG - Insights from the firearms industry's legal & compliance thought leader!       No Better Time Than the Present Posted 7-28-2014   FFLs should view this lull in sales as a great time of opportunity to get their compliance house in order...Read More!  
  A Great Way to Get Your Compliance House in Order...   Perform a RecordSentinel Review By letting FFLGuard perform a RecordSentinel; you are allowing us to spot-check your A&D and 4473 forms remotely. Simply fax or email a sampling of each form to us! It's quick, efficient, and a great tool to protect your business from costly record-keeping errors. Best of all, each client receives a complimentary RecordSentinel as part of their annual Program participation. Clients call 1-888-335-4731 or email info@FFLGuard.com to get yours today! Click here to read more!

** eAdvisory: Two New Ways to Connect with FFLGuard **

   
   
Greetings! We are proud to announce the roll-out of two new communication methods that will allow you to connect with the FFLGuard team. The FFLGuard App and FFLGuard Toolbox have been launched and are available for download on to your Smartphone and/or Windows based  computer. Through our App, the benefits of our Clients-Only website are available on-the-go from the convenience of your Apple or Android Smartphone. Access Popular Program Features: 24/7 Legal HelpDesk;  Account Information & Documents; Resource Library; ATF Emergency Notification System; and All FFLGuard eCommunications. Through the Toolbox, gain access to all FFLGuard eCommunications from a small desktop toolbar that installs easily on any Windows computer. It's a great way to stay informed on new happenings inside the firearms industry and acts as a portal to the Clients-Only website. We encourage you to reach out to us with any legal and compliance questions you have, and as always thank you for the opportunity to protect your FFL! Warmest Regards, Christopher M. Chiafullo FFLGuard National Coordinating Counsel The Chiafullo Group, LLP Phone & Fax: 888-335-4731 Direct Extension: 706 This electronic message, including any attachments, may contain privileged & confidential attorney-client communications, attorney work product, and/or non-public information from The Chiafullo Group, LLP.  The information contained in this message is intended for the sole use of the designated recipient.  If you are not an intended recipient of this message, please notify the sender by replying to same, and then completely delete the message from your computer desktop and system.  If you are not the intended recipient of this message, any use, disclosure, copy, distribution or reproduction of the contents of this message or any portion thereof is not authorized, unequivocally prohibited, and may be unlawful. IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws.
   

** eAdvisory: Use FFLGuard’s Client Relations Team to Help Get the Most out of the Program **

** FFLGuard’s Client Relations Team helps all clients get the most out of the Program….**

There are a LOT of moving parts in the FFLGuard Program, and in the FFLGuard organization as a whole.  Just take a look at our ORGANIZATION CHART, which isn’t in the traditional hierarchy form that most entities utilize.  It is more like a “gearbox” with cogs that turn in tandem with all other cogs.  Remove one cog, and the rest don’t turn efficiently.  It’s that simple.

To help clients understand which of the moving FFLGuard cogs or gears is most applicable to what they may want or need from the Program, FFLGuard has an entire team of dedicated personnel ready to assist.  They are the FFLGuard Client Relations Team.

Specifically, FFLGuard employs a whole group of people to handle all Administration, Marketing, Advertising and Promotion for the organization in a subsidiary called FFLGuard AMAP Services.  Many of you have dealt with AMAP through our Finance Manager, Esther Roberts, for assistance with payment issues.  However, there is a whole other segment of AMAP dedicated to helping clients navigate the FFLGuard Program and organization including our Client Relations Manager, Bryan Chiafullo.

The Client Relations Team will not only field your calls if you aren’t sure who you need within FFLGuard to help you, but also reached out to you periodically to make sure you are getting the most out of the Program.  You can reach any of the Client Relations Team by email or by calling 888-335-4731 x5.

It doesn’t cost you a single penny more to talk to these folks, so use them as you see fit!

** eAdvisory: IntelliCorp as Approved Service Provider for Employee Background Checks **

** IntelliCorp is FFLGuard’s Approved Service Provider to provide clients with employee background checks **

REMINDER: We are often asked here at FFLGuard about conducting background checks on employees.  As you know, FFLGuard is about “doing more” in order to diffuse the “willfullness” requirement necessary to revoke an FFL.  Doing background checks on your employees is certainly not mandated, and indeed doing more than required by law.

That said, we have identified IntelliCorp as an Approved Service Provider for FFLGuard clients.  As an FFLGuard client, you benefit from IntelliCorp’s industry leading data, which provides you with detailed information on your applicants. You also get the advantage of streamlined processes, significant cost savings and paramount privacy and security when it comes to protecting sensitive information. When recruiting employees, you want as much information as possible to make smart decisions. FFLGuard has collaborated with IntelliCorp to offer discounted rates on background checks and employment screening products, to help you mitigate risk and keep your organization safe.

** eAdvisory: Best Practices for Our HelpDesk **

** Best practices for use of the FFLGuard HelpDesk… **

Use of our HelpDesk to answer all of your questions is part of the Basic Services provided to you in your yearly fee.

You can keep track of every HelpDesk question that you’ve ever posed in your Account area within the Clients-Only Website.

A good way to manage your HelpDesk time is to explore our Library in the Clients-Only Website before firing over a question. Chances are we may have already addressed it in the past!

** eAdvisory: New York State Legal Counsel **

** FFLGuard’s relationship with New York lawyers at Renzulli Law Firm keep it advised about everything related to the NY SAFE Act of 2013 and other firearms legislation and litigation…. **

FFLGuard only associactes with firearms-specific legal counsel who are peerless in their field.  The principals at Renzulli Law Firm — John Renzulli and Chris Renzulli — not only meet but exceed the expectations that FFLGuard places on its professional relationships.  With locations in Manhattan and White Plains, NY, the Renzulli’s have been on the front lines of fighting legal battles on behalf of the firearms industry for decades.

With the hasty passage of the NY SAFE Act of 2013, FFLGuard turned to Renzulli Law Firm to render its opinions to our clients.  It was a natural fit: both John and Chris Renzulli serve as advisors to the FFLGuard program on its Consulting and Advisory Group, which helps steer and provides guidance to FFLGuard as a whole.

To learn more about them, click here: RENZULLI LAW FIRM.

Any FFLGuard client can retain Renzulli Law Firm directly to answer questions specific to NY, or related to any firearms matter, at a courtesy FFLGuard rate unavailable to outsiders.  I trust these guys with my life, and give FFLGuard clients access to them for that same reason.

**eAdvisory: HelpDesk Access**

** All clients are entitled to FFLGuard HelpDesk access as part of the Basic Services they receive yearly…. **

Many clients ask questions about how to access the HelpDesk.  I figured that a refresher email would not hurt!

As you are all aware, your participation in FFLGuard includes certain Basic Services. Those services include, but are not limited to, access to our HelpDesk.

The HelpDesk is where every client can go to obtain a single, uniform, and confirmed by ATF answer to legal questions regarding gun sales under an FFL.  You can access the HelpDesk three different ways:

By simply picking up the telephone and calling 888-FFL-GRD1 and hitting x3, you will be directed to a LIVE CALL CENTER where you can submit a HelpDesk question. Alternatively, the HelpDesk can be accessed right at the CLIENTS-ONLY website by clicking HelpDesk>Legal Questions.  In a pinch, you can always send an email to helpdesk@fflguard.com, too.  All these methods will work to get your question to us!

At that point, you will be contacted — either by email or by phone — to further the process along. We provide a baseline, “letter of the law,” tentative answer usually within 48 hours by email.

All HelpDesk Solutions, as answered for each and every client, can be found in the CLIENTS-ONLY website library, which is fully searchable. In light of ATF’s usual failure to provide consistent direction, we ask all clients to rely on us to obtain “official” Solutions to questions and thereafter advise everyone within FFLGuard as to what that Solution. We stand behind all HelpDesk Solutions… which is exactly what you pay for each year, and precisely what you need when getting compliance related advice… particularly when your reliance on this advice keeps is the difference between a healthy or compromised FFL!

**eAdvisory: FFLGuard.tv and the vBlast**

** Get a load of FFLGuard.tv and our vBlast! **

Greetings:

Since I am intent on staying ahead of the curve on compliance, it only stood to reason that we would start our own “channel” to air compliance related videos.  Thus, we are proud to remind you of www.fflguard.tv for not only our clients, but all FFL’s, to enjoy.

On FFLGuard.tv, viewers will be able to review the latest in FFLGuard publicly available videos , industry related videos , and from ATF.  We encourage you to “subscribe” to our FFLGuard.tv channel to stay current on compliance-related happenings!

One special playlist available on FFLGuard.tv is our vBlast.  This quick video will recap our past month’s eCommunications to all, and hopefully inspire new clients to join us while jogging current clients’ memories on what they received from us during the past month.  The vBlast will also feature reports from the field and our feature “HelpDesk Q&A of the Month” for everyone to enjoy.

In the end, FFLGuard.tv is just another way of ours to keep you in touch with compliance, because if you aren’t out front of a possible ATF revocation, well… you know how hard it is to get past one!

Providing FFLs

Peace of Mind to Prosper

The Gold Standard in Legal Services and Compliance Solutions for the Firearms Industry