By Tanya Metaksa
Latest developments— Fed. Legislative: H.R. 1625; H.R. 4909, DOJ Bump stocks; H.R. 5087, H.R. 2810, H.R.38/S.446; H.R. 447; H.R. 3576; H.R. 2706; Trump Administration; Signed H.R. 1625; Due process/Reducing school violence; Political: Arizona, Oregon, Washington; Judicial: Village of Deerfield; Workman v. Healey: National Rifle Association of America, Inc. v. Bondi; State Legislation: California, Colorado, Delaware, Hawaii, Illinois, Iowa, Kansas, Louisiana, Minnesota, Oklahoma, Rhode Island
115th Congress (2nd session)
H.R. 1625, Consolidated Appropriations Act, 2018, passed the House and the Senate and was signed on 3/23/2018 by President Trump. Included S. 2135, Fix NICS Act of 2017; H.R. 4909/S.2495, Stop School Violence, and an amendment that included language to allow CDC, the Centers for Disease Control and Prevention, to conduct research on gun violence.
H.R. 4909, the STOP School Violence Act of 2018, passed by a vote of 407-10 in the House of Representatives. The bill will provide funding for training to identify early warning signs of violent individuals as well as funding to create a violence prevention reporting problem.
H.R. 5087,the Assault Weapons Ban of 2018, has been introduced with 174 anti-gun Democrats signing on. This ban is so broad and poorly written that 99% of long guns would probably be eliminated, including the Glock18.
On March 11 President Trump after consulting with Republicans in the Congress announced his legislative/public relations plan to reduce gun violence in schools. It has several components: banning components that accelerate the rate of fire of a semi-automatic rifle—bump stocks; supporting S. 2135, assisting states in training school staff in firearms use, supporting increased funding for improved safety for schools, allowing military veterans and retired police officers to become school safety officers, support state enactment of laws that would remove firearms with court approval from people deemed a threat and form a commission to study school violence and age restrictions for gun purchases.
- 2135, Fix NICS Act of 2017, has been introduced by Sen. John Cornyn of TX and appears to be the vehicle for gun control legislation. Sen Chuck Schumer is adamant about adding several anti-gun amendments including universal background checks, banning bump stocks, raising the age for purchase of rifles to 21, and possibly allowing family or law enforcement to petition a court to seize a person’s gun without due process.
On March 14, Sen. Chuck Grassley, Chairman of the Senate Judiciary Committee, held a hearing on the Parkland, FL high school shooting, and school safety. He said, “The great tragedy of the Parkland shooting is that it was preventable. The FBI and local law enforcement failed to act on credible tips that should have neutralized the killer and gotten him help.” The Broward County Sheriff, Scott Israel, and Michael Carroll, the secretary of FL Dept. of Children and Families, refused to attend the hearing.
The Trump Administration
President Trump and Vice-President Pence both attended the National Rifle Association’s Annual Meeting in Dallas, TX on May 4, 2018. Attorney General Jeff Sessions announced that the Department of Justice (DOJ) has filed a rule banning Bump Stocks.
Judicial
Village of Deerfield, IL: [1] The Village of Deerfield, IL passed Ordinance 0-18-06 on April 2, 2018, banning “assault weapons”—a term defined by the ordinance. The Second Amendment Foundation, the Illinois State Rifle Association and Daniel D. Easterly filed suit in the Circuit Court of the Nineteenth Judicial Circuit of Illinois. The basis of this suit is that the issuance of such an ordinance is preempted under current Illinois law. [2] Guns Save Lives and The NRA Institute for Legislative Action have announced another suit.
Workman, et. al v. Healey: After the MA AG Maura Healey on July 20,2016 announced an “enforcement notice” on firearms that had been sold in the state since the year 2000, rewriting the MA statute that dealt with banned rifles and magazines, a group of individuals and corporations filed the suit in the U.S. District Court for the District of Massachusetts. Unfortunately, Judge William G. Young’s decision upheld the action of the AG Healey and stated, “Massachusetts is free to ban these weapons and large capacity magazines.”
National Rifle Association of America, Inc. v. Bondi: On Mar. 9 the National Rifle Association (NRA) announced that it had filed suit against Florida’s newly enacted law that bans citizens between the ages of 18-21 from purchasing any firearms. The suit was filed in the US District Court for the Northern District of Florida.
State of Wisconsin v. Amanda L. Longley: In a case where a guilty plea to misdemeanor crime of domestic violence led to a permanent loss of Second Amendment rights, Amanda Longley asked the court permission to withdraw her guilty plea alleging that her lawyer had never told her the consequences of that plea. The court disallowed her request.
Ohioans for Concealed Carry, Inc., et al. v. City of Cleveland: In 2015 the City of Cleveland passed firearms ordinances. The Ohioans for Concealed Carry took the city to court alleging that the ordinances violated the state’s preemption statute. The Ohio Supreme Court agreed and invalidated most of the ordinances and required the city to pay plaintiffs’ fees.
Illinois v. Julio Chairez: In a 7-0 decision the Illinois Supreme Court affirmed the state Circuit Court’s judgment that vacated Mr. Chairez’s felony conviction and found that the state law banning firearms within 1000 feet of public parks to be unconstitutional.
New York State Rifle & Pistol Association, Inc. et al v. Beach et al: The NY State association of the NRA and Robert Nash filed a lawsuit in federal court on Feb.1 against state Supreme Court Justice Richard C. McNally, Jr., who rejected Nash’s application for a Right-to-Carry permit.
Bridgeville Rifle & Pistol Club, Ltd. v. Small: By a one-vote margin (3-2) the Delaware Supreme Court ruled that residents’ right to Keep and bear arms recognized under the Delaware constitution was being curtailed by the Delaware Department of Natural Resources and the Delaware Department of Agriculture regulations. The justices cited a case brought in 2010 against the Wilmington Housing Authority that ruled denying housing authority residents their right to keep and bear arms was unconstitutional.
Northwest School of Safety v. Bob Ferguson: The Northwest School of Safety, the Second Amendment Foundation and others are appealing the dismissal of the case challenging the I594 initiative that expanded firearm background checks and failed to exempt some temporary, non-commercial transfers that would put gun owners at risk of arrest and prosecution. Oral arguments were scheduled for Oct. 2, 2017.
Knox et al v. Nathan Deal and Christopher M. Carr: A group of professors at Valdosta State College are suing Gov. Deal for allowing firearms on campus, alleging that the Board of Regents not the legislature is entitled to set policies on Georgia campuses.
California Lawsuits 2017: The National Rifle Association (NRA) in conjunction with the California Rifle and Pistol Association (CRPA) is in the process of filing a series of planned lawsuits challenging the laws passed in 2016 by the CA legislature. The first lawsuit, Rupp v. Becerra, was filed in the US District Court for the Central District of California Southern Division on April 24, 2017. The suit alleges “California’s sweeping Assault Weapon Control Act” infringes Plaintiff’s constitutional rights. The 2nd lawsuit was filed in US District Court for the Central District of California Southern Division, Duncan v. Becerra, challenges Section 32310, which states that persons not only cannot use magazines holding 10 or more rounds, but cannot “keep property they lawfully acquired.” On June 13 a motion for a preliminary injunction was filed and on June 29 Federal Judge Benitez, granted the injunction stating, “If this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property. That is a choice they should not have to make. Not on this record.” The third lawsuit, Villaneuva v. Becerra, attacking the California DOJ’s regulations on “assault weapons” was filed on September 7. 2017.
Political-Initiatives
Arizona: Arizonans for Wildlife, a front group for the Humane Society of the United States announced they has stopped gathering signatures for a ballot initiative to ban hunting and trapping of mountain lions and bobcats
Oregon: Initiative Petition IP43, has been introduced by an interfaith religious group to ban so-called “assault weapons” and high capacity magazines. They will need 88,000 signatures by July 6, 2018 to put it on the November ballot. For a pictorial view of firearms that would be banned check out https://www.northwestfirearms.com/threads/ballot-initiative-43-banned-firearm-picture-thread.265905/.
Washington: Another anti-gun ballot initiative, 22-pages long, includes raising minimum age for gum purchase to 21, enhanced background checks, safe storage crimes and many other restrictions, is seeking signatures to get on the 2018 ballot.
State Legislation
All legislatures with the exception of Montana, Nevada, North Dakota, & Texas will be in session in 2018. The following states have adjourned: Alabama, Arkansas, Florida, Georgia, Hawaii, Idaho, Indiana, Kansas, Kentucky, Mississippi, Nebraska, New Mexico, Oklahoma, Oregon, South Dakota, Utah, Virginia, Washington, Wisconsin, Wyoming
Alabama:
The Alabama legislature has adjourned.
Arizona:
HB2535, guaranteeing foster parents may not be subjected to arbitrary anti-gun regulations, has passed both the House Judiciary and Rules Committees.
Arkansas:
The Arkansas legislature has adjourned.
California:
The following legislative activity occurred during the last week in April: SJR24, urging Congress to pass an “assault weapons” ban, passed the Senate Public Employment and Retirement Committee; the Assembly Public Safety Committee passed AB2382, would require firearms part sales and transfer to be regulated in the same manner as CA now requires the sale of ammunition to be regulated, AB2888, expanding the list of persons who can file gun violence restraining orders, SB1346, banning components that accelerate the rate of fire of a semi-automatic rifle, and SB1487, prohibiting possess of certain African species., while voting down AB1931 and AB2733, two pro-gun bills. Awaiting action in the full Assembly: AB2151, reducing the cost of youth hunter licenses, AB1927, a waiver of gun rights bill that would add persons to the California Do Not Sell list, and AB2103, expanding the training requirement for carry permits. The Assembly Revenue and Taxation Committee passed AB2497, a California Agriculture Day bill that was amended with a new state tax on firearms and ammunition to pay for school counselors and safety officers. AB3199 has been amended the banning firearms as raffle prizes for charitable organizations and was referred to the Assembly Public Safety Committee. The Senate Natural Resources Committee passed SB1311, an annual sportsmen’s license that includes both hunting and fishing licenses in a single license, it now goes to the Appropriations Committee. The Senate Public Safety Committee passed SB1100, expanding the one gun a month restriction to long guns, and SB 1382, expanding vehicle storage options for trucks. Two pro-gun bills failed in the Assembly Public Safety Committee: AB2860, repealing the “roster” requirements for handguns, and AB3026, making the concealed carry permit available for those with “good cause,”. The anti-gun Democrats are hijacking bills that deal with non-firearms subjects and attaching more restrictive gun measures. For example, SB3 that has already passed the House has been amended to prohibit persons under the age of 21 to purchase firearms or ammunition. San Francisco Supervisor Catherine Stefani has stated she will introduce an ordinance banning concealed weapons within 500-feet of an event with more than 50 people.
Colorado:
HB1436, implementing “Extreme Risk Protection Orders”, passed the House Judiciary Committee on May 1. Although the elimination of the 10 round magazines limitation, SB52, passed the Senate, it was again defeated by the House State, Veterans and Military Affairs Committee—an annual event since 2013. City of Boulder passed Ordinance 8245, banning semi-automatic long guns and magazines over 10 round capacity.
Connecticut:
The Connecticut Joint Committee on Judiciary held hearings and passed HB5538, creating a lifetime ammunition certificate, HB5539, allowing carrying firearms in state parks, HB5540, banning the practice of manufacturing firearms for personal use, and HB5542, banning components that accelerate the rate of fire of a semi-automatic rifle. Those bills could come for a vote in the House of Representatives at any time.
Delaware:
HB366, a mandatory gun storage bill, was passed by the House Judiciary Committee. HB330, banning the sale and possession of firearms to anyone under 21 years of age, was passed by the Delaware House and is scheduled before the Senate on Apr. 19. HB300, making it a crime to knowingly possess a “bump stock” and requiring disposal of any owned item within 120 days of the bills passage, has been passed by the Senate.
Florida:
The Florida legislature has adjourned. As a result of the Parkland shooting Senate Proposed Bill SP7026 was signed by Gov. Rick Scott. It includes a 3-day waiting period for the purchase of all firearms, raising the age minimum for purchase to 21 years of age, a ban on bump stocks and allowing law enforcement to seize firearms from those that pose “a potential danger to himself or herself or others.”
Hawaii:
The Hawaii legislature has adjourned. HB1908/SB2046, prohibiting certain trigger modifications, was passed by the House and the Senate. It now goes to Gov. David Ige for consideration..
Idaho:
The Idaho legislature has adjourned. SB1313, a stand your ground bill, was signed by Gov. Butch Orr.
Illinois:
A new bill, HB1468, a 72-hour waiting period bill for so-called “assault weapons,” is awaiting action by Gov. Bruce Rauner. The Democrats in the legislature did not have the votes to override Gov. Rauner’s veto of SB1657 and HB1273, dealer licensing bills that would force many firearms dealers to go out of business, before the deadline of Apr. 25. HB1465, infringing on Second Amendment rights banning firearms, and magazines, and the ability of young adults to purchase firearms and HB1467, repealing the firearm preemption law in IL, have passed the House of Representatives and the Senate, but need another vote on concurrence in the House. The House Judiciary Committee will be considering House Amendment 1 to HB1470 to institute a one-handgun-a-month purchase limitation on Apr. 17. At the same date the Senate Judiciary Committee passed Senate Amendment 1 to SB2343, increasing the penalty to a non-probational felony for possessing, manufacturing, carrying certain firearms accessories and increasing the penalty even further when these accessories are attached to a firearm, and SB2314, repealing the Illinois firearm preemption statutes. These bills now are awaiting a vote in the Senate. HB1469, a bill dealing with sexual exploitation of children has been amended with a ban on magazines with a capacity of more than 10 rounds in the House Judiciary Committee.
Indiana:
The Indiana legislature has adjourned. Gov. Eric Holcomb signed HB1292, allowing rifle hunting with pistol cartridges.
Iowa:
Hunting rule changes (restricting handgun hunting) will be before the Iowa State Natural Resources Commission on May 1. One can email Tyler Harris at tyler.harris@dnr.iowa.gov to stop the restriction on handgun hunting. SF2106, a bill allowing permitless concealed carry, passed the Senate Judiciary subcommittee 2-1. HR13/SBS3155, adding a right to keep and bear arms to the Iowa Constitution has been passed by the House 54-42 and by the Senate 34-15. The passing of a constitutional amendment requires passage by the Iowa legislature in two succeeding years and then would be on the ballot in the third year.
Kansas:
Unfortunately the Legislature adjourned and HB2042, recognizing out-of-state Right-to-Carry permits that had been passed by the conference committee, failed to be considered. Gov. Jeff Colyer signed HB2145 that prohibits certain persons from possessing firearms including those convicted of a domestic violence misdemeanor within the past 5 years.
Kentucky:
The Kentucky legislature has adjourned.
Louisiana:
The House passed HB602, allowing Right-to-Carry permittees to carry on school property, on a 59-36 vote. SB402, allowing Right-to-Carry permittees to volunteer in churches as armed security, is still awaiting a vote in the House. SB231, allowing anyone to instigate proceedings to remove firearms from an individual without due process, and SB491, banning components that accelerate the rate of fire of a semi-automatic rifle, may be on the Senate floor for a vote. HB277/SB274, banning the sale and possession of firearms to anyone under 21 years of age, was rejected by the Senate 26-9. SB185, an anti-preemption bill, will be considered by Senate Judiciary Committee B. Bills considered by the House Administration of Criminal Justice Committee on Apr. 17 were not passed—including HB400, establishing a 10 waiting period before a person can take possession of a firearm; HB473, banning components that accelerate the rate of fire of a semi-automatic rifle; and HB603, banning the sale, possession and transfer of commonly owned semi-automatic rifles, Other anti-gun bills introduced are: SB155, banning the sale and possession of firearms to anyone under 21 years of age, SB185, repeals state preemption law; and SB383, ammunition registration.
Maine:
The Legislative Council approved LR2943, allowing for the issuance of protective orders to infringe on Second Amendment rights based on third party allegations and little, if any, real evidence, to be introduced as emergency legislation on Feb. 27. LD31, the carry-over bill for initiative ballot reform that would amend the Maine Constitution to require proportional signatures on a petition to change the current “initiative” process, has not yet been considered. This measure needs 2/3 vote in the house to get on the ballot.
Maryland:
The Senate Judicial Proceedings Committee considered SB448, a bill prohibiting persons disqualified from owning modern firearms from owning antique firearms; SB497, increasing the length of time a Right-to-Carry is valid from 2 to 5 years and adding a new carry permit for persons who have protective orders; and SB604, allowing seized and forfeited firearms to be sold—but no votes were held.
Massachusetts:
HB3610, allowing firearms to be seized without due process, may be considered by the House.
Michigan:
A Constitutional Carry group of bills: HB4416, 4417, 4418 and 4419. HB4554, removing the current pistol registration requirement, have passed the House and are awaiting Senate action. SB0527, guaranteeing that persons who become foster parents do not lose their Second Amendment rights, and SB366, allowing provisional Right-to-Carry permits for those persons 18-20 years of age have passed the Senate.
Minnesota:
During the Senate’s work on SF3656, a budget bill, Sen. Latz offered 2 anti-gun amendments that were defeated. Two new anti-gun bills are being proposed in the State Senate: SF3278, If a firearm theft is not reported to the police within 14 days from the time the victim “should have known,” the victim would be charged with a misdemeanor, and SF3279, making all private firearms transfers without a background check illegal. The House Public Safety Committee tabled both HF1605, allowing family or law enforcement to petition a court to seize a person’s gun without due process, and HF1669, banning non-commercial firearms transfers. HF188, a constitutional carry bill, and HF238, a stand your ground bill, have been held over. SF650 is the Senate companion to HF188. These bills do not eliminate the current carry permitting system which allows persons to get a permit if they so desire
Mississippi:
The legislature has adjourned.
Missouri:
Although 18 anti-gun bills have been introduced in the past weeks, two pro-gun bills HB1865, allowing the transportation and storage of firearms in locked vehicles, and HB1937, prohibiting subdivision from regulating firearms, have been introduced. An amendment to criminalize private firearms transfers was offered to HB1350, a bill dealing with background checks for care givers, but it was defeated in the Senate.
Nebraska:
The Nebraska legislature has adjourned. LB902, a firearms record confidentiality bill, was passed by the legislature 47-0. It is expected to be signed by Gov. Pete Ricketts.
Nevada:
The Board of Wildlife Commissioners withdrew their proposed regulation that would stop hunting in many areas. LCB file No. R111-17 would prohibit the discharge of a rifle within 5000 feet (almost a mile) of an occupied building.
New Hampshire:
HB1749, A bill seeking redress for towns that prohibit or regulate firearms in violation of the preemption statute has been introduced, has been referred to interim study for examination.
New Jersey:
Although the gun owner rally on Mar. 27 was well attended, the Assembly convened and passed the following bills: A2761, magazines may hold no more than 10 rounds; A2759, prohibiting so-called “armor piercing ammunition” that includes most centerfire ammunition; A2758, eliminating right to carry; A2757, banning private transfers of firearms; A1217, allowing family or law enforcement to petition a court to seize a person’s gun without due process; and A1181, firearms seizure on the word of a health professional. These bills now go to the Senate.
New York:
Although Jan. 31, 2018 has long passed, and thousands of pistol permit holders have not yet re-certified their firearms, an article in The Buffalo News states that the NY State Police will not be seeking those gun owners who have “unknowingly” failed to comply. That does not mean that non-compliance should be contemplated.
Ohio:
On April 10 the Senate Judiciary Committee and the House Federalism and Interstate Relations Committee held a hearing on SB180 and Sub HB228, expanding the locations where a person has no duty to retreat before using force under both civil and criminal law, and modifying the Concealed Handgun Licensing Law regarding a licensee’s duty to keep the licensee’s hands in plain sight, and penalties. The House passed HB132, a substitute for HB142, that eliminated the requirement that a Right-to-Carry permittee must inform a police officer that he/she is carrying, and HB233, a bill to change the penalty for a person with a Right-to-Carry permit or a military member who is carrying a concealed firearms where it is prohibited to a possible misdemeanor.
Oklahoma:
The Oklahoma legislature has adjourned. SB1212, a constitutional carry bill, has passed the legislature and now goes to Gov. Mary Fallin for consideration.
Pennsylvania:
Proposed legislation to ban semi-automatic firearms and magazines is being circulated by Sen. Wayne Fontana.
Rhode Island:
A House Judiciary Committee held a hearing on gun control bills as RI gun owners jammed the Capitol. All bills were held for further study—but that does not mean the bills cannot be considered. The House passed HB7075, banning components that accelerate the rate of fire of a semi-automatic rifle, and HB7688, allowing for the issuance of protective orders to infringe on Second Amendment rights based on third party allegations and little, if any, real evidence and limited “due process” for the respondent.
South Carolina:
The Senate Judiciary Committee heard SB449, a permitless carry bill.
South Dakota:
The legislature has adjourned. Both HB1271, allowing individuals to carry a firearms on church property, and HB1209, allowing carrying for firearms on church or nonpublic school property, were signed by Gov. Daugaard.
Tennessee:
Gov. Bill Haslam signed HB1566/SB1587, removing the requirement that a retired police officer be a state resident at retirement to be eligible for the $100 lifetime Right-to-Carry permit. HB2485/SB2335, allowing Right-to-Carry permittees to carry in non-secure airport areas and on public transportation, and HB2547/SB2037, reducing lifetime carry fees for retired military, passed in the House Civil Justice Committee and are awaiting action in the Finance Committee.
Utah:
The legislature adjourned without any firearms’ laws being passed.
Vermont:
Gov. Phil Scott signed S55, a bill with an amendment that would copy the NY state SAFE act, passed the House and Senate and now goes to The new law includes raising the age to 21 for all gun purchases, banning components that accelerate the rate of fire of a semi-automatic rifle, making all private firearms transfers without a background check illegal, limiting magazine capacity to 15 rounds for pistols, and limiting magazine capacity to 10 rounds for rifles/
Virginia:
The legislature adjourned without any firearms laws being passed. Although the Senate passed SB372, repealing the prohibition on carrying a weapon to a place of worship, it never made it out of the House Rules Committee.
West Virginia:
The West Virginia legislature has adjourned. Gov. Jim Justice signed HB4187, allowing law abiding citizens to keep their firearms and ammunition in their locked vehicles when parked on the employer’s or state-owned property, and HB2916, allowing first responders to carry firearms on the job.
Wisconsin:
The legislature has adjourned. Gov. Scott Walker signed AB820, establishing procedures for closing shooting ranges.
