Legislative sessions in full swing
By Tanya Metaksa
Latest developments— Fed. Legislative: H.R. 8; H.R. 1112, S.8; Judicial: CT Supreme Court-Soto v. Bushmaster; 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, Arkansas, Colorado, Connecticut, Florida, Hawaii, Indiana, Maine, Maryland, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, Tennessee, Texas, Washington
Federal
On March 21, 2019 the 90-day grace period for owners of “bump” stocks to either destroy them or turn them in has ended. “Bump” stocks are now classified as machine guns.
On Feb. 27 the US House of Representatives passed H.R. 8 by a vote of 240-190 and on Feb. 28 they passed H.R. 1112 by a vote of 228-198.
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. Additionally 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).
Judicial
Soto v. Bushmaster: The Connecticut Supreme Court in a divided 4-3 ruling allowed the Soto v. Bushmaster case to proceed. This case was brought by the survivors and representative of the students massacred in 2012 at Sandy Hook Elementary School. The families of nine of the victims and a teacher filed a lawsuit in Dec. 2014 against Remington, the distributor and the gun dealer that sold the AR15 to Adam Lanza’s mother. A hearing was held on Feb. 22, 2016 on Remington’s motion to dismiss the case. On Oct. 14, 2016 Judge Barbara Bellis dismissed the case ruing, “This action falls squarely within the broad immunity provided by PLCAA.” PLCAA is federal law that gave limited immunity to firearms manufacturers from frivolous lawsuits that were initiated to bankrupt the industry. However, it did allow for exceptions such as marketing products that are defective or being in violation of a marketing law “causing the plaintiff’s injuries.” This latter exception is what 4 of the 7 CT Justices used to allow the case to proceed. The CT Unfair Trade Practices Act (CUTPA) prohibits “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” The plaintiffs alleged the advertising used military language and symbols to appeal to potential school shooters and violent criminals. Bushmaster/Remington, the defendants, has the option of appealing this decision to the U.S. Supreme Court. But this case has re-opened the door to more litigation against the firearms industry. The National Shooting Sports Foundation (NSSF) issued a statement that said, “The majority’s decision today is at odds with all other state and federal appellate courts that have interpreted the scope of the limited exception, which is contrary to legislative text, canons of statutory interpretation and the legislative history of the PLCAA.”
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.
State Legislation
All 50 state legislatures will be in session in 2019.
As of March 19, 2019 New Mexico, Virginia, West Virginia and Wyoming have adjourned.
2019 Legislation
Arizona:
HB2693, allowing the storage of loaded firearms in locked personal vehicles on school grounds, passed the House 31-27, passed the Senate Judiciary Committee, and is awaiting a vote on the Senate floor.
Arkansas:
Gov. Asa Hutchinson signed SB17 to cut the initial fee for a Right-to-Carry permit from $100 to $50 and the renewal from $50 to $25. SB400, making firearms suppressors legal, has been sent to Gov. Hutchinson. He can be contacted at https://governor.arkansas.gov/online-services/contact-us/. HB1694, a bill to eliminate gun-free zones will be heard by the House Committee on the Judiciary on Mar. 19. SB403, allowing State Police to use forfeited firearms in trade for purchased firearms, passed the Senate and is awaiting House action. HB1059, a stand your ground law, and HB1655, expanding state law to add more prohibited persons to those legally unable to possess firearms, have both been amended in the House Judiciary Committee and is awaiting a vote. SB484, self-defense with deadly force, was heard in the Senate Judiciary Committee on March 18.
California:
Although February 22, 2019 was the deadline for new bill introduction the list of gun control bills is very long. Given that the California legislature is completely controlled by anti-gun Democrats we anticipate an ongoing barrage of anti-gun anti-Second Amendment legislation as the session continues. Assembly Public Safety Committee is considering AB12, extend Gun Violence restraint order duration from one year to five years; AB276, extending CA gun storage requirements with a violation denying a person their Second Amendment rights for 10 years; and AJR5, urge the US Congress to adopt California gun laws.
Colorado:
HB19-1177, “red flag” legislation, allowing the seizure of firearms without due process, passed the Senate State, Veterans and Military Affairs Committee 3-2, it now goes to the Senate Appropriations Committee.
Connecticut:
On March 11 the Joint Judiciary Committee held a hearing on HB7218 and HB7223, mandatory gun storage bills, HB7219, ban manufacturing firearms for personal use, HB7223, a mandatory gun storage bill, and SB60, allowing law enforcement to demand a Right-to-Carry permittee present there permit with no suspicion of a crime, On March 1 Joint Committee on Environment heard SB245, banning hunting along the Quinnipiac River in New Haven. This bill has nothing to do with hunting, but is a ban on firearms. HB5700, a 50% increase on taxes for ammunition, has been introduced.
Delaware:
HB63, a mandatory storage bill with draconian requirements for the gun owner, and HB1177, red flag legislation are under consideration.
Florida:
The Florida legislature is now in session. Two pro-gun bills, HB6005, allowing employees and adults to have guns in vehicles on school property, and HB403, allowing firearms in churches, were reported out of the Criminal Justice Subcommittee on Mar. 12. They now got to the Education Committee.
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. SB150, a domestic violence bill, has been tabled and will not proceed further this session.
Hawaii:
HB720, similar to SB521, passed the House and will be considered by the Senate Committee on Public Safety. Senate Concurrent Resolution 42, urging the US Congress to repeal the Second Amendment, has been introduced. The following bills have passed the Senate: SB600, raising the minimum age for bringing a firearm into the state to 21; SB521, mandatory firearms theft/loss reporting; and SB1466, establishing Gun Violence Protection Orders without due process.
Idaho:
HB206, lowering the age of persons able participate in permitless carry from 21 to 18, passed the House 53-14.
Illinois:
2019 Legislation: SB337 will create an electronic firearms transfer form that will lead to an electronic firearms registry. 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; revoke FOID cards if guns are reported lost in 3 incidents in 2 years; and HB892, ban firearms that include modern materials. SB44, a bill with just a title, by Sen. Michael Hastings, has just had an amendment (Senate Amendment 1 to SB44) added to have State Police designate “gun liaison officers” that would have the authority to seize Firearm Owner Identification Cards (FOID) and then seize all ammunition and firearms.
Indiana:
HB1284, removing the burden from a defendant when a firearm is used in self-defense, passed the House 80-13, and is scheduled to be heard in the Senate Judiciary Committee on Mar. 20. HB1643, eliminating fees for a lifetime state Right-to-Carry Permit and allowing carrying in churches, is awaiting a House floor vote.
Iowa:
House Joint Resolution 13 (HJR13), a Right to Keep and Bear Arms Constitutional Amendment, was passed by both chambers on March 13. This amendment, however, will not appear on the Iowa statewide ballot until 2022. HF259, allowing Right-to-Carry permittees to go onto school grounds to pick up and drop of students with their legal firearm, was heard on Feb 28 by the House Public Safety Committee. 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:
Gov. Matt Bevin signed SB150, a constitutional carry bill.
Maine:
LD489 that would have allowed local noise ordinances to close shooting ranges, was voted “ought not to pass” in the State and Local Government Committee.
Maryland:
On Mar. 14 the House Judiciary Committee amended two anti-gun bills and sent them to the House for a vote. HB786, bans the private transfer of long guns, and HB740, includes a study of a firearms registry. HB 1343, a bill repealing the Handgun Permit Review Board, is before the House Judiciary Committee. The Handgun Permit Review Board, a civilian group appointed by the Gov. that reviews appeals for those persons denied Right-to-Carry Permits. Among other 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.
Minnesota:
House Public Safety Committee passed HF8, a universal background check bill, and HF9, allow a law enforcement petition to deny Second Amendment rights without due process.
Missouri:
HB643, allowing citizens to carry firearms on public transit, passed Pre-filed pro-gun bills, passed the Senate Transportation, Infrastructure and Public Safety Committee, but has now been referred to the Public Transit Committee. Other bills under consideration: 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. Pre-filed anti-gun bills: 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.
Mississippi:
HB1581, clarifying the right of handgun permit holders to carry guns in courthouses by limiting prohibited places, was signed by Gov. Phil Bryant on Mar. 14.
Montana:
Two bills to strengthen Montana’s state preemption laws, HB325 and HB357, will be heard in the Senate Judiciary Committee. Self-defense is being attacked by HB480, a mandatory storage bill, and HB477, similar to HB480 but with a display requirement at all dealer locations.
Nebraska:
The Judiciary Committee heard LB58, a firearm seizure bill, on Feb. 28.
Nevada:
SB261, a bill to prohibit the sale, transfer, manufacture of various firearms parts and accessories, has been introduced. On Feb. 15 Gov. Steve Sisolak signed SB143, requiring background checks on private gun sales. It goes into effect on Jan. 2, 2020.
New Hampshire:
On March 19 the House will be voting on several gun bills: HB109, banning the private transfer of firearms, HB514, a 7-day waiting period before taking possession of a purchased firearm, Constitutional Amendment Concurrent Resolution 8, eliminating state preemption laws, and HB208, a stand your ground bill. HB687, suspending Second Amendment rights without due process, was before the House Criminal Justice and Public Safety Committee.
New Jersey:
Gov. Phil Murphy has proposed raising the fee for a Firearms Identification card from $5 to $100, and handgun purchase fees from $2 each to $50 each.
New Mexico:
The New Mexico legislature has adjourned. SB328, a domestic violence bill that is overly broad in stripping away Second Amendment Rights, has passed the legislature prior to adjournment. Gov. Michelle Lujan Grisham needs to hear from gun owners regarding a veto of this bill. Gov. Grisham (D) signed HB8, a universal background check bill that passed the legislature on March 8. The . HB40, mandating background checks on private sales; 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 were also introduced.
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:
Gov. Mike DeWine signed SB53, fixing a drafting error made in the final version of HB228 that passed in 2018.
Oklahoma:
HB2597, a constitutional carry bill, was signed by Gov. Kevin Stitt. This is a similar bill to the one that was vetoed by former Gov. Mary Fallin in 2018.
Oregon:
Among the anti-gun bills introduced are: HB2551, defining semi-automatic rifles as “assault weapons”, restricting those under 21 years of age from owning those firearms, and requiring a 30-day delay for state background checks; HB3223, banning many semi-automatic firearms; SB87, prohibit those under 21 years of age from purchasing firearms; 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; as well as two very restrictive mandatory storage bills—SB275 and SB817.
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.
Tennessee:
Hearings on gun bills are scheduled for the week of Mar 18. HB1264/SB0705, creates an enhanced carry permit that does not specify how the firearm must be carried; SB0446/HB0187, gun range protections, sent to Senate floor; HB0167/SB0403, mandatory 30-day sentence for firearms’ theft; HB0494/SB0423, eliminated special privilege tax on ammunition; and HB0367/SB1385, give veterans a permanent sport combination hunting/fishing license for $10.
Texas:
The Texas House Homeland Security & Public Safety Committee reported out HB1177, that would allow citizens to carry a handgun without a Right-to-Carry permit during a declared state of local disaster, and HB302, protects the rights of tenants to possess firearms and lawfully carry them to a from such spaces. The deadline for bill filing was Mar. 8. SB19, a companion bill to HB302, was introduced and Lt. Gov. Dan Patrick made it one of his priority bills. 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 by NRA-ILA.
Utah:
HB209, allowing family or law enforcement to petition a court to seize a person’s gun without due process, and HB190, holding a gun owner liable for criminal action by another with the gun owners’ firearm.
have been introduced.
Vermont:
Numerous bills to correct problems with the 2018 magazine ban law—S1, S2, S3 and S13—as well as S22, a 48-hour waiting period bill were heard by the Senate Judiciary Committee on Feb. 28.
Virginia:
The Virginia legislature has adjourned. In January Rep. Terry Kilgore (R) predicted 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. He was right.
Washington:
As of the middle of March the following bills care still alive: SB5027, expand Extreme Risk Protection Orders denying gun owners due process; SB5143/HB1225, require the police to seize firearms when called to the scene of a domestic disturbance; SB5181, suspend Second Amendment rights for 6 months for anyone admitted to a 72-hour mental health evaluation; SB5434, turning parks and recreational facilities into gun free zones; HB1465, require a state background check for Right-to-Carry permit holders; and HB1786, expand Extreme Risk Protection Orders to families of minors.
Wisconsin:
The new Democrat governor, Tony Evers, is already working on gun control measures.
West Virginia:
The West Virginia legislature has adjourned. During deliberation of SB4, a Municipal Home Rule bill, an amendment was added to prohibit municipalities from adopting any regulation or ordinance that violates Second Amendment rights. The bill now awaits Gov. Jim Justice’s consideration.
Wyoming:
The Wyoming legislature has adjourned.
