By Tanya Metaksa
The 2019 legislative session at the state level is expected to be volatile—especially in those states that had a change in leadership from one party to the other. Before the 2018 elections Republicans controlled 67 legislative chambers while Democrats controlled 32. After November 6, 2018 Democrats picked up 5 chambers. For legislation dealing with gun rights the change in legislative leadership could have a negative effect in Colorado, Maine, Minnesota, New Hampshire and New York. Additionally in seven states the Democrats attained “supermajority” status that could result in veto proof legislation: California, Hawaii, Illinois, Maryland, Rhode Island, and Oregon. Additionally several new states became “trifecta” states where both legislative houses and the governorship were held by the same party: Illinois, Maine, Nevada, New Mexico, and New York.
Federal
On December 18, 2018 the Department of Justice (DOJ) promulgated a rule classifying “bump” stocks as machine guns that makes them illegal to own without having paid the requisite fee. As of this date a 90-day grace period ending on March 21, 2019 has begun that gives current owners of such accessories time to either destroy or turn them in. Slide Fire Solutions, that appeared to be the largest manufacturer of such stocks, closed down its business in the spring of 2018. Any remaining devices were being sold by RW Arms, Fort Worth, TX.
Judicial
Damien Guedes, et al v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al: As a result of the DOJ rule concerning “bump” stocks a lawsuit has been filed by bump stock owner Damien Guedes and Firearms Policy Coalition, Firearms Policy Foundation and the Madison Society Foundation to seek a preliminary injunction to stop the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enacting the ruling. The plaintiffs argue that 1. A “Bump” stock is NOT a “machine-gun” and 2. Acting Attorney General Matthew Whittaker is not legally the “acting” Attorney General.
Boulder, CO Ordinance 8245: Two lawsuits have been filed since the City of Boulder, CO banned the ownership of “assault” weapons, high capacity magazines and raised the minimum age for firearms possession to 21. Caldara et al v. City of Boulder and Chambers, et.al v. City of Boulder.
Montana: Missoula: In October 2015 when the Missoula City Council was debating a proposed ordinance requiring background checks on guns transferred within the city, Attorney General Tim Fox issued a press release saying “Missoula’s proposed gun control ordinance is prohibited by state law.” The city, however, passed the ordinance in 2016. On Jan. 26, 2018 Montana Attorney General Tim Fox issued Vol. 57, Opinion No. 1 in which he stated that the Missoula ordinance violates two MT statutes; thus local government is prohibited from enforcing an ordinance “requiring background checks on firearm sales or transfers.” The city appealed Fox’s opinion in April and on Oct. 11, 2018 District Court Judge Robert “Dusty” Deschamps ruled that the city had the authority to pass the ordinance. Five days later the Missoula City Council passed a new rule prohibiting people from carrying guns in city controlled public spaces. According to the Washington Times, Dec. 10, 2018 Fox will be challenging Missoula’s gun ordinances to the Montana Supreme Court.
NRA v. Cuomo: Filed in the US District Court for the Northern District of New York alleges that Gov. Cuomo and NY Department of Financial Services (NYDFS) violated the First Amendment rights of the NRA. The Gov. and Maria T. Vullo (Chair of NYDFS) did so by sending “guidance” letters to banks and insurance companies that do business in New York State urging them to stop doing business with NRA.
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.
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
State Legislation
All 50 state legislatures will be in session in 2019.
2018 Legislation
Ohio:
Although Gov. John Kasich vetoed Substitute House Bill 228, during a veto override session the House voted to enact the bill on the morning of December 27, by a vote of 67 to 22. Later the Senate concurred by a 21 to 11 vote. The bill expanded preemption, placed the burden to disprove a self-defense claim on the prosecution, and clarified Ohio signage relating to concealed carry.
2019 Legislation
Arkansas:
A bill prefiled to cut the initial fee for a Right-to-Carry permit from $100 to $50 and the renewal from $50 to $25 has the support of Gov. Asa Hutchinson.
California:
With the passage of Proposition 63 and Senate Bill 1235 the California Department of Justice released the first set of proposed ammunition sales regulations. Two hearings on the regulations will be held: 1/19/19 10:00-12:00 AM, Ronald Reagan State Building, 300 S. Spring Street, Los Angeles, CA 90013 and 1/31/19 1:00-3:00 PM, Resources Building Auditorium, 1416 9th Street, Sacramento, CA 95814. Written comments may also be submitted by 5:00PM, 1/31/19 to Jessie Romine, Bureau of Firearms, Division of Law Enforcement, Department of Justice, PO Box 160487, Sacramento, CA 95816-0487, email Ammoregs@doj.ca.gov.
Missouri:
Prefiled pro-gun bills: SB5, changing the initiative and referendum process; SB39, allow for carrying of firearms for self-defense on public transit; and HB82, allowing employees to keep their firearms and ammunition in their locked vehicles when parked on the employer’s or state-owned property. Prefiled anti-gun bills: several bills have been filed that would allow family or law enforcement to petition a court to seize a person’s gun without due process-SB23, SB41, SB42, HB40, Bills to criminalize private transfers-SB163, HB210. Mandate firearms storage-SB40, HB56, HB235. Apply federal law for prohibition of firearms possession to state law-SB94, HB163, Ban certain firearms accessories such as “Bump” stocks-HB163.
New York:
Gov. Andrew Cuomo has suggested that the legislature should increase the waiting time for purchasing guns from 3 days to 10 days.
Oklahoma:
SB38, would allow Right-to-Carry permittees to carry guns in the Capitol.
Pennsylvania:
Pittsburgh Mayor Bill Peduto is sending draft ordinances to other mayors encouraging them to pass them in their cities. Included in those draft ordinances is 1. An assault weapons ban, 2. Banning “semiautomatic modifications” including “large capacity” magazines, certain ammunition and “Bump” stocks, and 3. Extreme risk protection orders to allow courts to seize firearms.
Utah:
It has been reported that Rep-elect Andrew Stoddard has suggested a law allowing anyone who lends a firearm to a person who then uses it to commit a violent offense to be sued.
Washington:
The Alliance for Gun Responsibility has announced their anti-gun agenda for 2019 legislative session. It includes:
- Standard Magazine Ban, 2. Mandated training, 3. Abolish State Preemption, 4. Remove firearms’ rights without due process, 5. Expand gun free zones, 5.Mandate reporting of lost and/or stolen firearms. 6. All Washington State Police to destroy seized firearms.
