By Tanya Metaksa
Latest developments— Political: Florida, Indiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Rhode Island; Everytown for Gun Safety Action; Judicial: New York State Rifle & Pistol Assn. v. The City of New York; American Illinois Co. v. International Brotherhood of Electrical Workers: Bridgeville Rifle & Pistol Club, Ltd. v. Small; City of Missoula v. Timothy C. Fox; Association of New Jersey Rifle & Pistol Clubs, Inc v. Gurbir Grewal; Legislation: New York
115th Congress (2nd session) all bills die at the end of this Congress
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.
Judicial
New York State Rifle & Pistol Assn. v. The City of New York: The only way for a New York City resident to have a handgun in her home is to go through an onerous process to acquire an expensive license that only allows the licensee to keep it in the home. The licensee can only take it to one of seven shooting ranges within the city limits. This law has been interpreted to mean that the licensee cannot under penalty of law take the handgun outside the city limits. The NY State Rifle & Pistol Assn. has challenged the current interpretation of the New York City law that was upheld in the US Court of Apples for the Second Circuit to the US Supreme Court.
American Illinois Co. v. International Brotherhood of Electrical Workers: After Brian Knox, an employee at American Illinois, Co., had a disagreement with a supervisor he was asked to consent to a search of his vehicle. A firearm was found stored in his truck on a company parking lot and he was fired with allegations of “threatening or intimidating” and having an “unauthorized” gun on company property. The dispute was first settled by arbitration in Knox’s favor, but the company appealed to the US Court of Appeals in the Seventh Circuit. The Seventh Circuit stated, that a reference in the collective bargaining agreement to state and federal laws “firmly established the intent of the parties (the union and company) to bring external law such as the Concealed Carry Act within the scope of the bargain.” Knox was reinstated.
Bridgeville Rifle & Pistol Club, Ltd. v. Small: In 2017 the Delaware Supreme Court by a one-vote margin (3-2) 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 stage agencies rewrote their regulations. The Superior Court then reviewed the revised regulations and again found them to be unconstitutional by stating that Delaware “is an ‘open carry’ state. This right to bear arms includes the right to do so for purposes of hunting, recreation and protection of self and family both inside and outside the home.” 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.
City of Missoula v. Timothy C. Fox: In 2016 the city of Missoula passed an ordinance requiring background checks between all firearms purchases from private unlicensed sellers. In January 2017 Timothy C. Fox, the Attorney General for Montana, issued an opinion that the ordinance was not enforceable due the Montana’s preemption statutes. The city then went to court stating that the AG opinion was erroneous. On October 11, 2018 Judge Robert “Dusty” Deschamps rejected the Attorney General’s ruling stating that Fox’s opinion “deprives Missoula of its own authority.” An appeal is possible.
Association of New Jersey Rifle & Pistol Clubs, Inc v. Gurbir Grewal (NJ Attorney Genera)l: The plaintiffs asked for a preliminary injunction to stop enforcement of the NJ law banning 15 round magazines. The US District Court for the District of New Jersey denied the injunction saying that the law did not “constitute an unconstitutional taking without compensation.” The Association of New Jersey Rifle & Pistol Clubs has already begun the appeal process.
The Defense Distributed cases: As a result of the case States of Washington; Connecticut; Maryland; New Jersey; New York; Oregon; Commonwealth of Massachusetts; Commonwealth of Pennsylvania; and the District of Columbia v. Various department of the US Government, Defense Distributed; Second Amendment Foundation, Inc.; and Conn Williamson: In late August 2018 the judge issued an injunction against Defense Distributed stopping the publication of the blueprints. This lawsuit is a direct result of the decision by the Department of State in the Defense Distributed case listed below. The Attorney Generals of the above listed states sought a restraining order to stop Defense Distributed from making the blueprints for 3D printed firearms available to the general public. Judge Robert S. Lasnik of United States District Court ruled immediately after the suit was filed that those states had established “a likelihood of irreparable harm” and he added there were “serious First Amendment issues” that would need to be worked out later in court, but that for the moment, there should be “no posting of instructions of how to produce 3-D guns on the internet.” Defense Distributed has now decided to sell the files rather than make them available for download.
In response to the above case, Defense Distributed and Second Amendment Foundation, Inc. has filed a suit Defense Distributed and Second Amendment Foundation, Inc. v. Gurbir Grewal, NJ Attorney General, et all. countering the injunction that was granted in the above case and seeking relief under the First, Second and Fourteenth Amendments and the Due Process and Commerce clauses to the US Constitution. On Sept. 28, 2018 Cody Wilson resigned from Defense Distributed and it was announced that Paloma Heindorff, who previously had been a vice-president, became Director of the corporation.
Tracy Rifle v. Becerra: Section 26820 of the California Penal Code completely banned handgun-related signs. The Second Amendment Foundation, the Calguns Foundation and the California Association of Federal Firearm Licensees began this lawsuit in 2014. On September 11, 2018 Judge Troy Nunley ruled that the statute was unconstitutional and violated the First Amendment rights of the firearms’ dealers. “This decision will serve as a reminder that firearms dealers have First Amendment rights as well as Second Amendment rights, even in California,” SAF founder and Executive Vice President Alan M. Gottlieb said. “The bottom line is that a state cannot legislate political correctness at the expense of a fundamental, constitutionally-enumerated right. We are delighted to offer financial support of this case.”
Young v. State of Hawaii: George Young, a Hawaii native who served in the US Army and was a law enforcement officer, was applied and was turned down for concealed carry and open carry licenses by Hawaii County filed a federal lawsuit challenging the state’s laws pertaining to carrying firearms. His complaint was dismissed by in the US District Court for the District of Hawaii. He appealed to the US Court of Appeals for the Ninth Circuit. On July 25, 2018 the Ninth Circuit in a 2-1 decision reversed the District Court dismissal stating, “The Second Amendment does protect a right to carry a firearm for self-defense
Thyng, the Second Amendment Foundation and National Rifle Association of America v. City of Seattle: The City of Seattle passed an ordinance requiring gun owners who have their firearms stolen, lost or misplaced to 1.)report the gun disappearance with a personal visit to the police station, 2.)The gun owner could be fined up to $500 for failure to store the firearm responsibly, 3.)If a minor or prohibited person touches the missing firearm, the original owner could be fined $1,000, 4.) If an injury, death or crime is committed with the missing firearm, the original owner could be fined up to $10,000. The suit maintains that the City of Seattle is prohibited from adopting gun regulations that exceed state laws—preemption.
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, 2017 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 decision was appealed to the United State Court of Appeals for the Ninth Circuit. On July 17, 2018 that Court affirmed the decision of Federal Judge Benitez that the injunction against the state of California’s plan to ban the possession of magazines with a capacity greater than 10 rounds. California is can still appeal this ruling to the full Ninth Circuit who could overrule the District Court and then the case might be before the US Supreme Court.
Political: Primary Elections & Initiatives
Grades are courtesy of NRA-PVF
VOTE TO SUPPORT THE SECOND AMENDMENT!
Mississippi: Since no one received 50% of the vote in the Nov. 6th election for US Senate between 4 candidates, a run-off will be held on November 27, 2018 between A-rated Cindy Hyde-Smith and Mike Espy with a ? rating from the NRA-PVF. In the other MS Senate race, Sen. Roger Wicker won reelection handily.
November 6 election results
The following NRA-PVF endorsed candidates running for a seat in the US Senate won:
Indiana: Mike Braun defeated incumbent Senator Joe Donnelly.
Missouri: Sen. Claire McCaskill, who was supported by all the anti-gun groups, was defeated by NRA-endorsed Josh Hawley.
North Dakota: Rep. Kevin Cramer defeated Sen. Heidi Heidcamp.
Tennessee: NRA-PVF endorsed Marsha Blackburn won her election to the US Senate,
Texas: Sen. Ted Cruz defeated challenger Robert “Beto” O’Rourke. Gov. Greg Abbott and Lt. Gov. Dan Patrick were re-elected.
Wyoming: Sen. John Barrasso was re-elected.
Other pro-gun wins
Alaska: NRA endorsed Mike Dunleavy was elected Governor.
Florida: The following pro-gun Representatives were elected to Congress: CD1-Matt Gaetz, CD-3-Ted Yoho, CD-4-John Rutherford. CD-6-Michael Waltz beat Nancy Soderberg, who was supported by Michael Bloomberg. CD-15-Ross Spano. CD-17-Gregg Steube. CD-25-Mario Diaz-Balart defeated Michael Bloomberg supported Mary Barzee Flores. At the time this report was written the Florida governor, US Senate and Agriculture Commissioner races will probably be subjected to a recall.
Minnesota: The following pro-gun Representatives were elected to Congress: CD-8-Pete Stauber was elected.
Iowa: Gov. Kim Reynolds was re-elected.
Nebraska: NRA PVF endorsed Sen. Deb Fisher won her re-election to the US Senate.
North Carolina: A Right to Hunt and Fish Constitutional Amendment was supported 57%-43 and North Carolina joins 22 other states with this constitutional amendment. Other wins: NC-13-Ted Budd.
Nebraska: The top three statewide elected officers will be pro-gun: Gov Pete Ricketts, Secretary of State-elect Bob Evnen and Attorney General Dour Peterson.
Ohio: The following pro-gun Representatives were elected to Congress: OH-1: Rep. Steve Chabot
Oklahoma:The top three statewide elected officers will be pro-gun: Gov.-elect Kevin Stitt, Lt. Gov.-elect Matt Pinnell and Attorney General Mike Hunter.
Wisconsin: The following pro-gun Representative was elected to Congress: WI-1: Bryan Steil
Wyoming: The at large Congressional District seat was won by pro-gun candidate Liz Cheney, and Office of the Treasurer-Curt E. Meier. All the NRA-PVF endorsed slate of candidates won: State Senate: District 1-Ogden Driskill; District 3- Cheri E. Steinmetz; District 5-Lynn Hutchings; District 21- Bo Biteman; State House: District 7-Sue Wilson; District 10-John C. Eklund; District 12-Clarence L. Styvar; District 19-Danny Eyre; District 29-Mark S. Kinner; District 30-Mark Jennings; District 33-Jim R. Allen; District 37-Steve M. Harshman; District 52-William H. Pownall; District 56-Jerry A. Obermueller; District 57-Chuck Gray.
Washington: Unfortunately, I-1636 passed and now it is illegal for anyone under the age of 21 to purchase of firearms, mandate training, add stiffer background checks with waiting periods prior to getting the firearm, and require all guns be secured in the home.
State Legislation
Montana, Nevada, North Dakota, & Texas were not in session this year. The following states have adjourned: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, New York, North Dakota, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, Wisconsin and Wyoming.
California:
For those hunting in California this year a quick reference guide is available so that hunters keep in mind the non-lead ammunition rules in effect. The guide can be found at http://michellawyers.com/wp-content/uploads/2015/04/Phased-Implementation-Lead-Ban-Compliance-Table.pdf. Now local Supervisors in San Diego are proposing an ordinance to stop recreational shooting near the Donohoe Mountain and Pink Gate areas. This will be on the November 13 agenda on the Board of Supervisors North Chamber, 1600 Pacific Highway, San Diego, CA.
Massachusetts:
HB4517, is the new number for an omnibus anti-Second Amendment bill that includes both HB3610, allowing firearms to be seized without due process. SB2376, requiring “electronic” stun guns to fall under the current firearms laws that has passed in the House.
Michigan:
A Constitutional Carry group of bills: HB4416, 4417, 4418 and 4419. HB4554, removing the current pistol registration requirement, has passed the Senate Government Operations Committee on a 3-2 vote. 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.
Mississippi:
In Harrison County Sheriff Tony Peterson has posted “firearms prohibited” signs at the Harrison County Courthouse and the Attorney General sent him a letter saying the signs are illegal and must be removed within 30 days. Sheriff Peterson has acknowledged the letter and said Sheriff’s Office attorneys are reviewing it.
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:
The Assembly Judiciary Committee approved A3129, banning a list of firearms that include non-serialized guns, “covert” guns, and 3D printed guns. S2465, banning so-called 3D printed “ghost guns” was approved along with S102, banning magazines with more than 10 rounds; S2245, banning armor piercing ammo; S2376, requiring “justifiable need” to obtain a Right-to-Carry permit; S2374, expanding background checks for private gun sales; and S160/S2259; allowing family or law enforcement to petition a court to seize a person’s gun without due process, have all passed the state Assembly as well as the Senate Law and Public Safety Committee. Gov. Phil Murphy signed an executive order to ban bear hunting on public land.
New York:
Gov. Cuomo is leading a charge against any businesses that works with the NRA. Brooklyn Borough President Eric Adams and state Sen. Kevin Palmer are drafting a bill that would require state authorities to check social media accounts prior to allowing a person to purchase a handgun.
Ohio:
The legislature will not adjourn before the end of 2018 so any action on pending bills may occur. On May 22 the House Federalism and Interstate Relations Committee passed 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.
Pennsylvania:
HB2060, firearms owned by a person with a misdemeanor domestic violence conviction or a final Protection from Abuse order would have to be relinquished within 24 hours of a hearing, was signed by Gov. Tom Wolf (D) on Oct. 12, 2018 the day it reached his desk.
Virgin Islands:
According to Fox News the Governor of US Virgin Islands (USVI) signed an executive order in September 2017 giving the adjutant general of the National Guard the authority “to seize arms, ammunition, explosives and incendiary material and other property required.” The Chairman of the House Natural Resources Committee, Rob Bishop (R-UT) and the Chairman of the House Judiciary Committee, Bob Goodlatte sent a letter to USVI Governor Kenneth E. Mapp inquiring about the order to seize weapons from citizens.
Washington:
The Seattle City Council passed an ordinance that would require that if a firearm theft is not reported to the police within 24 hours from the time the victim “should have known” the victim would be subject to a fine. See above Thyng, et al. v. City of Seattle
