Legislative sessions in full swing
By Tanya Metaksa
Latest developments— Fed. Legislative: H.R. 8; H.R. 1112; Judicial: SCOTUS grants cert in New York State Rifle and Pistol Association v. The City of New York: Mark and Leah Gustafson v. Springfield, Inc. and Saloom Department Store; State Legislation: Arizona, Georgia, Kentucky, Nevada, Texas, and Washington.
Federal
H.R. 1296, the Assault Weapons Ban of 2019, was introduced by Rep. David Cicilline (D-RI) and 190 co-sponsors. This bill is similar to S.66 introduced by Sen. Feinstein. (See below).
On Feb. 13, the House Judiciary Committee met to mark up H.R. 8 and H.R. 1112 and sent them on to the full House for consideration. During that markup Rep. Greg Steube (R-FL) offered an amendment that would require law enforcement notification “when an individual attempting to purchase a firearm fails a federal background check.” It was defeated by the majority Democrats.
The Democrats refused to allow House Minority Whip Steve Scalise, who was shot and injured almost two years ago in Northern Virginia at a practice for the yearly House Republican v. Democrat baseball game to testify. A companion bill, S. 42 has also been introduced.
H.R. 1112, turns the 3-day waiting period after which a FFL can transfer a firearm into an indefinite delay of purchase. Under the Brady bill that was passed in 1993, if an FFL does not receive a response from a background check within 3-days after initiating the check, the firearm may be transferred. HR 1112 would turn that into an indefinite delay if the FBI was unable to clear the purchaser.
- 351, the Gun-owner Registration Information Protection Act (GRIP Act) to ensure federal funding cannot be used by states, localities, or any other organization to maintain gun registries, was introduced by Sen. Cindy Hyde-Smith (R-MS). Original cosponsors of the Hyde-Smith legislation include Senators Marsha Blackburn (R-TN), Kevin Cramer (R-ND), Mike Enzi (R-WY), Joni Ernst (R-IA), Mike Lee (R-UT), Pat Roberts (R-KA), Mike Rounds (R-SD), Tim Scott (R-SC), Dan Sullivan (R-AK), and Roger Wicker (R-MS).
Transferring international small arms sales regulation from State Dept. to Department of Commerce: In May 2018 the Trump administration announced that the authority to approve international sales of small arms exports, including semiautomatic rifles and weapons that are .50 caliber and under would be transferred to the Department of Commerce from the State Department. The rule making has finally finished the cumbersome process, but Sen. Robert Menendez (D-NJ) appears to be placing a “hold” on the rule. This will delay the process even further although it probably won’t stop it permanently.
- 69, The Constitutional Concealed Carry Reciprocity Act of 2019, was introduced by Sen. John Cornyn (TX-R) on January 10, 2019.
Assault Weapon Ban of 2019, S.66, was introduced by Sen. Dianne Feinstein and at least 25 other Democrats on Jan. 10, 2019. It bans the sale, transfer, manufacture, and importation of “military-style assault weapons and high-capacity ammunition magazines,” 205 gun models have been specifically listed and includes a definition of assault weapon as a semi-automatic firearm with a detachable magazine that includes at least one feature such as a threaded barrel, pistol grip, or folding stock. Additionally, the bill bans adjustable stocks and stabilizing braces.
S.193, To require the safe storage of firearms, was introduced by Sen. Richard Blumenthal and Sen. Chris Murphy (both D-CT). Firearms owners who fail to secure guns would face a class D felony, $500 fine and up to five years in prison, if the firearm causes injury or death.
S.202, A bill to provide that silencers be treated the same as firearms accessories, has been introduced by Senator Mike Lee (R-UT).
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
Mark and Leah Gustafson v. Springfield, Inc. and Saloom Department Store: The parents of James Robert Gustafson, 13, who was shot and killed by another young man, who found a Springfield Model XD-9 handgun and thinking the firearm was unloaded pointed it at Gustafson and pulled the trigger, sued Springfield Armory for wrongful death. On the 15th of January 2019 the Court of Common Pleas of Westmoreland County, PA, dismissed the suit as legally insufficient as being within the category of state civil lawsuits prohibited by the PLCAA.
Defense Distributed and Second Amendment Foundation, Inc. v. Gurbir Grewal, NJ Attorney General, et all. This suit counters the injunction that was granted in the cases where the Attorney Generals of several states got an injunction against Defense Distributed’s distribution of blueprints for 3D printed firearms. In Texas, US District Judge Robert Pitman granted the state of New Jersey’s motion to dismiss on the grounds that the District Court did not have jurisdiction. As a result the states of Washington; Connecticut; Maryland; New Jersey; New York; Oregon; Commonwealth of Massachusetts; Commonwealth of Pennsylvania; and the District of Columbia have claimed victory in shutting down Defense Distributed’s give away of blueprints.
New York State Rifle and Pistol Association v. The City of New York: The US Supreme Court (SCOTUS) has agreed to hear this case that deals with the fundamental right to travel with a firearm. NY City law currently only allows a city resident to take a handgun outside her home to visit a shooting range within the city limits.
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.
Peña, et al. v. Acting CA DOJ Bureau of Firearms Chief Martin Horan: This case was/is a challenge to the California Handgun Roster Microstamping Requirement. On Dec. 28, 2018 attorneys Alan C. Gura, the lead attorney on the Heller case, and Donald Kilmer filed a petition for Supreme Court review in a federal Second and Fourteenth Amendment lawsuit challenging the State of California’s handgun roster and “microstamping” laws. The Calguns Foundation, an institutional plaintiff in the case, is joined by Second Amendment Foundation and four individuals. A copy of the petition for certiorari can be found at https://www.calgunsfoundation.org/pena.
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.
State Legislation
All 50 state legislatures will be in session in 2019. The following states have begun or begin in January: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, DC, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
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
Arizona:
HB2693, allowing the storage of loaded firearms in locked personal vehicles on school grounds, has been introduced.
Arkansas:
SB17 to cut the initial fee for a Right-to-Carry permit from $100 to $50 and the renewal from $50 to $25 has been signed by Gov. Asa Hutchinson. HB1059, a stand your ground law, has been introduced.
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.
Connecticut:
HB5700/, a 50% increase on taxes for ammunition, has been introduced.
Florida:
Although the Florida legislature does not meet until March, HB135, requiring all transfers to go through a federally licensed firearms dealer, has been introduced.
Georgia:
SB72, repealing hunting prohibition in Wildlife Management Areas, passed the Senate Natural Resources and Environment Committee and is awaiting action of the Senate floor.
Hawaii:
HB25, making the possession of firearms or ammunition in a hotel room a crime is awaiting a hearing. In addition HB1541 establishing a Hawaii Gun Violence Prevention Center has also been introduced.
Illinois:
Gov. J.B. Pritzker, the newly elected anti-gun chief executive, signed SB337, a bill that was passed by the 2018 legislature but held by Senate President John Cullerton, Fullerton did not send SB337 fto former Gov. Bruce Rauner as a veto had been threatened. SB337 will create an electronic firearms transfer form that will lead to an electronic firearms registry. Bills introduced in the 2019 legislature: HB1467, to require the registration of all ammunition sales; SB107, a comprehensive ban on firearms and accessories; HB174, set requirement for reporting of firearms loss or theft; HB888, require FOID applicants to list social media accounts; HB889, revoke FOID cards if guns are reported lost in 3 incidents in 2 years; and HB892, ban firearms that include modern materials.
Indiana:
Two pro-gun bills have been introduced: HB1643, eliminating fees for a lifetime state Right-to-Carry
Permit and allowing carrying in churches, and HB1284, removing the burden from a defendant when a firearm is used in self-defense.
Iowa:
SF165, a constitutional carry bill, will be heard by a subcommittee of the Iowa state Senate Judiciary Committee on Feb. 11. In 2018 an effort to add gun rights to the Iowa constitution passed the legislature, but the Secretary of State’s office failed to publish the required notifications required by Iowa Constitution. It is highly likely that this has set back this effort for at least two years.
Kentucky:
SB150, a constitutional carry bill, was passed in the Senate by 29-8. It now goes to the House Judiciary Committee.
Maryland:
The legislative session for 2019 has begun. Among the anti-gun bills introduced are SB737, would make purchasing a long gun as onerous as purchasing a handgun, and HB612, adding a Colt AR-15 H-Bar Rifle to the list of “Regulated Firearms” and only those firearms purchased before October 1, 2013 would be grandfathered—all others would have to be relinquished. SB737 is scheduled for a Feb. 25 hearing before the Senate Judicial Proceedings Committee, while HB612 will be before the House Judiciary Committee on Feb. 25.
Mississippi:
The legislature begins its 2019 session on January 8.
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.
Nevada:
On Feb. 15 Gov. Steve Sisolak signed SB143, requiring background checks on private gun sales. It goes into effect on Jan. 2, 2020.
New Mexico:
Anti-gun lawmakers have already begun introducing legislation in the New Mexico legislature prior to the January 15 commencement of the 60-day session. Two bills requiring “universal” background checks, HB8 and SB8 have been filed. HB8 was considered on Jan. 30 and passed on a party-line vote 6 Democrats voting yea and 4 Republicans voting nay. Other pre-filed bills include: HB40, mandating background checks on private sales; HB3, extreme risk protection (“red flag”) legislation and HB130, a mandatory storage bill that would make a gun owner criminally and civilly liable should a child gain access to an unsecured firearm.
New York:
The following bills passed the NY legislature along party lines—Democrats voting in favor and Republicans, for the most part, voting against: NY S2857A, requiring firearms owners to carry $1 million dollars of liability insurance; S.1414/A763, banning the 3-D printing of firearms; S2374/A2690, extends current waiting period after a NICS check comes back inconclusive from the current 3-days to 30-days; S2448/A2684, an expansive bump stock ban; S2450/A2686, mandatory storage law; and S2451/A2689, establishes an Extreme Risk Protection Orders (ERPO).
North Carolina:
The NC Wildlife Resources Committee (WRC) will be holding public hearings regarding Sunday hunting. In 2017 the legislature legalized Sunday hunting, but the WRC has yet to propose rules to enable Sunday hunting.
Ohio:
SB53, fixing a drafting error made in the final version of HB228, that passed in 2018.
Oklahoma:
HB2597, a constitutional carry bill was passed by the House Public Safety Committee on a 9-2 vote. SB38, would allow Right-to-Carry permittees to carry guns in the Capitol, has been introduced.
Oregon:
SB501, require licensing of gun owners, ban magazines capable of holding more than 5 rounds, 14-day waiting period and limiting ammunition purchase to 20 rounds per month.
Pennsylvania:
The Senate Game and Fisheries Committee passed SB147, allowing Sunday hunting by an 8-3 vote. Governor Tom Wolf tweeted, “It’s time for Pennsylvania to have a conversation about restricting semi-automatic rifles. Dangerous people should not have easy access to the weapons that killed innocent victims in Pittsburgh.” 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.
South Dakota:
Gov. Kristi Noem signed SB47, a permitless carry bill, that passed the Senate by a vote of 23-11 and on Jan. 30 passed the House 47-23. HB1056, strengthening SD preemption law, was passed by the House.
Texas:
SB535, allowing Texans to carry firearms in churches, has been introduced. A Texas group has alleged that NRA-ILA does not oppose, HB131 and SB157, that allow 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, This allegation has been denied as by NRA-ILA.
Utah:
HB209, allowing family or law enforcement to petition a court to seize a person’s gun without due process, has been introduced.
Virginia:
The Senate Committee on Courts of Justice held hearings on gun bills on January 16, while the House Militia, Police and Public Safety Committee held hearings on January 17. There are two pro-gun bills: SB1158, allowing law-abiding adults to carry concealed without government permission, and HB2253, require the state police to issue nonresident Right-to-Carry permits in the same time that residents can get their permits. On Jan. 25 the Senate voted 21-19 to pass SB1012, that would repeal current law that prohibited the Right-to-Carry in a church. It also provided for firefighters and emergency medical services providers the Right-to-Carry.
The following bills are still viable after those Committees voted: In the Senate SB1163, a bill banning accoutrements that increase the rate of fire of rifles, has been referred to the Senate Finance Committee. None of the bills voted on in the House Committee were passed. Although there have been more than 25 anti-gun bills introduced it appears that Rep. Terry Kilgore (R) prediction that defending the Second Amendment was a priority for Republicans and that the Governor’s bills were “dead on arrival” in the VA House of Delegates, is coming to fruition.
Wisconsin:
The new Democrat governor, Tony Evers, is already working on gun control measures.
Washington:
SB5745, 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,
is scheduled for executive session in the Senate Committee on Law & Justice. Bills to pass increasing the number of allowable gun free zones, HB1530 and SB5434, will be heard before the Senate and House Committees. The Senate Committee on Law & Justice met on Feb 14, and the bill is scheduled for executive session for Feb. 21. The House Committee on Civil Rights & Judiciary heard the bill on Feb. 13.The sheriffs in Douglas, Benton, Pacific, Stevens, Yakima, Wahkiakum, Okanogan, Lincoln, Grant and Klickitat counties, as well as the police chief in Republic, have stated they will not enforce I-1639 until all constitutional challenges have been resolved. Anti-gun bills introduced and passed by the Senate Committee on Law & Justice: SB5027, expand Extreme Risk Protection Orders denying gun owners due process; SB5061, prohibit manufacturing firearms for personal use; SB5062/HB1068, bans magazines with a capacity of more than ten rounds; SB5143, require the police to seize firearms when called to the scene of a domestic disturbance; and SB5174, require mandatory trains course prior to obtaining a Right-to-Carry permit; SB5340/HB1286, banning commonly owner set-automatic firearms, and HB1010, allowing the Washington State Patrol to destroy forfeited firearms rather than selling them to firearms dealers. On Feb 1 the House Committee on Civil Rights and Judiciary passed HB1068, HB1225, a companion to SB5143, and HB1739, a companion bill to SB5143.
West Virginia:
HB2519, the Campus Self-Defense Act, was introduced. It would allow Right-to-Carry permit holders to carry on the campus of a state institution of higher learning.
Wyoming:
SB75/HB183, repealing Wyoming law that prohibits the lawful carrying of a firearm for self-defense in any governmental meeting, school, college or professional athletic event and university facility.
