By Tanya Metaksa
Latest developments— Fed. Legislative: H.R. 1222; S. 821; H.R. 1263; H.R. 8; H.R. 1112, S.8; Judicial: Daniel Mitchell, et al, v. Chuck Atkins, et al, Livingston v. Ballard, Anderson v. City of Pittsburgh, Duncan v. Becerra; People of the State of Illinois, Appellant, v. Vivian Brown, Appellee; CT Supreme Court-Soto v. Bushmaster; SCOTUS grants cert in New York State Rifle and Pistol Association v. The City of New York: and Mark and Leah Gustafson v. Springfield, Inc.; State Legislation: California, Illinois, Louisiana, Maryland, Michigan, Minnesota, Nevada, New York, New Hampshire, Rhode Island, Tennessee, Texas
Federal
President Trump signed H.R. 1222, the Target Practice and Marksmanship Training Support Act into law May 10, 2019. The law now gives states more flexibility to use Pittman-Robertson Funds, to build new public ranges and improve existing ranges. This bill had been passed the US Congress in February.
At the NRA Annual Meeting President Trump signed a letter to the US Senate “requesting that it halt the ratification process and return the treaty to the Oval Office.” He then said once it is returned he would dispose of it.
- 821, the Freedom Financing Act, introduced on March 14, 2019 by Sen. Kevin Cramer (R-ND) and John Kennedy (R-LA), would prohibit financial service companies from discriminating against the firearms industry. This bill is a result of the Obama Administration’s Operation Choke Point where federal regulators went after banks and financial companies that did business with companies in the firearms industry. Just recently Rep. Carolyn Mahoney (D-NY) took the CEO of Wells Fargo Bank to task during a public hearing because he would not halt business with companies in the firearms field. Other federal legislators such as Reps. Alexandria Ocasio-Cortez (D-NY) and Ayanna Pressley (D-MA) have also gone after big banks on this issue.
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.
H.R.1263, National Firearms Amendments Act of 2019, would drastically expand the number of different firearms covered by the National Firearms Act. The long arms covered by this proposal would include not only “assault weapons” but also rimfire rifles used for target practice and hunting small game.
H.R. 1296, the Assault Weapons Ban of 2019, was introduced by Rep. David Cicilline (D-RI) and 190 co534-sponsors. This bill is similar to S.66 introduced by Sen. Feinstein. (See below).
H.R. 1112 turns the 3-day waiting period after which an 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.
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 the bill 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
Daniel Mitchell, et al, v. Chuck Atkins, et al: This is the lawsuit that is being supported by the Second Amendment Foundation and the NRA that seeks to declare that the sections 12 and 13 of I-1639’s amendments to Washington’s statutes are unconstitutional. The defendants sought to dismiss the plaintiff’s first amended complaint but were denied by US District Judge Ronald B. Leighton.
Livingston v. Ballard: This is a lawsuit against the state of Hawaii’s “de facto ban on all manner of carry by ordinary citizens.” It was filed in March 2019.
Anderson v. City of Pittsburg: This lawsuit challenges the Pittsburgh ordinance that bans the carrying of magazines that hold more than 10 rounds of ammunition based on Pennsylvania’s firearms preemption statute.
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 Mar. 29, 2019 Judge Benitz invalidated the 10-round limitation on magazine capacity, by ruling “California Penal Code section 32310 is hereby declared to be unconstitutional in its entirety and shall be enjoined.” However, as of Apri 5, the restrictions against magazines that hold 10 or more rounds are back in place. “For those persons who have manufactured, imported, sold or bought” such magazines between March 29, 2019 and 5:00 pm April 5, 2019 the injunction remains in place. History of the case: 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 Federal Judge Benitez’s suspension of the enforcement of this law. The Court also sent the case back to Judge Benitez to rule on the law itself. It is very likely that California will appeal his decision back to the full Ninth Circuit which has been hostile to Second Amendment cases. Given that judicial history this case is likely to be appealed to the US Supreme Court.
People of the State of Illinois, Appellant, v. Vivian Brown, Appellee. Appeal, Circuit Court: In Feb. 2018 the Circuit Court of the Second Judicial Circuit, Illinois, found that the requirement to have a Firearms Owner ID card in order to legally possess a firearm in the home for self-defense was unconstitutional. Several motions to reconsider were filed and the Court denied the motion to reconsider on Oct. 16, 2018. The state of IL appealed to the IL Supreme Court on Nov. 11, 2018. Two extensions have been granted with the March 2019 being the final one that ends on April 26, 2019. If the IL Supreme Court upholds this decision the only remaining appeal by the State of Illinois would be to the US Supreme Court.
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 US 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.”
Pullman Arms, Inc.; Guns and Gear LLC; GRRR! Gear, Inc.; and National Shooting Sports Foundation, Inc., v. Maura Healey, AG for the Commonwealth of Massachusetts: This case was brought by 3 firearms dealers and the National Shooting Sports Foundation (NSSF) after Attorney General Healey in July 2016 issued an enforcement notice that included firearms which were alleged “copies or duplicates” of prohibited firearms. The lawsuit was filed in Sept., 2016 and Healey moved to dismiss Jan. 2017. March 14, 2018 the US District Court, District of Massachusetts denied Healey’s motion allowing the Plaintiffs to proceed that “the Enforcement Notice is unconstitutionally vague and that it deprived Plaintiffs of property without due process.” As another case on this matter is in state court, Healey again moved to stay this case on the basis of the state court case. On Mar. 8, 2019 District Judge Timothy S. Hillman, denied Healey’s motion to dismiss.
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. Now the NY State legislature is promoting a law they hope would make this SCOTUS case moot—S.6151. See State legislation—New York.
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
- 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.
State Legislation
All 50 state legislatures are in session in 2019.
As of May 15, 2019 Arkansas, Colorado, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maryland, Minnesota, Mississippi, Missouri, Montana, New Mexico, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, West Virginia and Wyoming have adjourned.
Alabama:
SB 4, a Constitutional Carry bill, is expected to be considered by the Senate. HB265, a gun violence restraining order bill has been introduced.
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:
The Arkansas legislature has adjourned. 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, as well as SB400, making firearms suppressors legal.
California:
Beginning July 1, 2019 all ammunition transactions will be subject to a background check. A hearing is scheduled before the Senate Public Safety Committee on AJR4, encouraging Congress to pass Background Checks Act of 2019, and AJR5, encouraging Congress to use California as a model for gun legislation. On May 28 the Assembly passed AB879, mandating the state require firearms parts be sold/transferred through a licensed parts dealer, and AB1669, raising the DROS fees added to the cost of a firearm’s purchase. The following bills have been passed by the Assembly and Senate Appropriation Committees before their deadlines: AB284, keep the jr. hunting license; AB18, a $25 excise tax on the purchase of a firearm; AB688, mandatory storage requirements for firearms in vehicles; AB1064, allowing local governments to further restrict licensed firearms dealers; AB1254, prohibit bobcat hunting, trapping or taking; SB61, make all firearms purchases subject to a one-gun-a-month limit and deny citizens under the age of 21 the ability to purchase center-fire semi-automatic rifles; SB120, increase the penalty for violation of firearms transportation statutes to include a 10-year prohibition on firearms ownership; and SB172, expanding the penalties for not storing firearms according to the current law. In April the Assembly passed AB12, extend Gun Violence restraint order duration from one year to five years, and AB893, prohibit sale of firearms and ammunition at Del Mar Fairgrounds after Jan 1, 2021. In March the Senate governance and finance Committee passed SB281, prohibit sale of firearms and ammunition at a facility controlled by 1-A Agricultural Association (Cow Palace) after Jan 1, 2021;
Colorado:
The Colorado legislature has adjourned. Gov. Jared Polis signed HB19-1177, “red flag” legislation, allowing the seizure of firearms without due process.
Connecticut:
On May 7 the House passed the following bills: HB7218, that mandated storage of firearms in a securely locked box if minors (under the age of 18) were able to gain access and the made the violation a class D felony, HB7219, mandating any personally manufactured firearm must have a state-issued serial number that is engraved onto the firearm, and HB7223, mandating the storage of an unattended hand gun in a locked safe in a motor vehicle. On March 1 Joint Committee on Environment heard SB245, banning hunting along the Quinnipiac River in New Haven.
Delaware:
SB68, banning the most commonly owned semi-automatic firearms, SB70, banning any magazine that holds more than 16 rounds of ammunition, and SB82, (a replacement for SB69) requiring training and a permit to purchase a firearm in Delaware are awaiting action in the Senate Executive Committee. HB63, a mandatory storage bill with draconian requirements for the gun owner, passed 22-19 in the House on Mar. 26.
Florida:
SB7030, expanding the Guardian program to allow trained teachers to be armed, has passed the legislature and was signed by Gov. Ron DeSantis. Two pro-gun bills, HB6005, allowing employees and adults to have guns in vehicles on school property, and HB403, allowing firearms in churches, died in the Ethics Committee.
Georgia:
The Georgia legislature has adjourned. SB72, repealing hunting prohibition in Wildlife Management Areas, passed the legislature and has been signed by Gov. Brian Kemp.
Hawaii:
The Hawaii legislature has adjourned. Gov. David Ige signed HB720, mandatory firearms theft/loss reporting, SB1466, establishing Gun Violence Protection Orders without due process, and SB600, raising the minimum age for bringing a firearm into the state to 21.
Illinois:
SB1966, adding many more restrictive provisions to the FOID cards and giving bureaucracy almost unlimited powers, passed the House 62-52. It now goes back to the Senate for consideration. Other bills under consideration: 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:
Gov. Eric Holcomb signed HB1284, removing the burden from a defendant when a firearm is used in self-defense, into law at the NRA Annual Meeting on April 26, 2019 and has also signed SB119, making important changes to self-defense laws and Right-to-Carry fees.
Kansas:
The Kansas legislature is adjourned.
Louisiana:
The House passed HB281, a clarification of the state’s preemption language, by a 68-30 vote. and HB235, allowing the use of justifiable force for self-defense in a place of worship. The bills are currently before the Senate Judiciary Committee B.
Maine:
Gov. Janet Mills signed LD79, An Act to protect Shooting Ranges. The Criminal Justice and Public Safety Committee held a public hearing on May 10. The following bills were on the agenda: LD533, a Stand Your Ground bill; LD379 and LD1033, mandatory firearm storage bills; LD516, establishing a voluntary firearm collection day; LD747 and LD1276, criminalize the private transfer of firearms; LD1071, redefine “high capacity” magazines; LD1099, required 72-hour waiting period prior to receiving a transferred firearm; LD1569, ban private manufacturing of firearms.
Maryland:
The Maryland legislature has adjourned, and Gov. Larry Hogan vetoed SB100/HB1343, a bill repealing the Handgun Permit Review Board.’
Michigan:
HB4434, deducting the penalty for those that forgot to renew their Right-to-Carry Permits to a civil fine rather that a felony, passed the House 90-19.
Minnesota:
The Minnesota legislature has adjourned.
Missouri:
The Missouri legislature has adjourned.
Montana:
Gov. Steve Bullock (D) vetoed HB325 and HB357.
Nebraska:
The Judiciary Committee heard LB58, a firearm seizure bill, on Feb. 28.
Nevada:
AB291, an omnibus anti-gun bill that repeals firearms preemption statutes, criminalizes firearms modifications, and allow localities to establish gun-free zones, has passed the Assembly and the Senate with differing versions. On June 1 it was sent to the Assembly for concurrence; and AB153, a compulsory firearms storage law. 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 May 23 the Senate passed on strict party-line votes: HB696 The House voted in favor of HB109, banning the private transfer of firearms; HB514, a 7-day waiting period before taking possession of a purchased firearm; and HB696, allowing for seizure of firearms without due process. All bills were modified in the Senate and are now going back to the House.
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. Gov. Grisham (D) signed HB8, a universal background check bill, and SB328, a domestic violence bill that is overly broad in stripping away Second Amendment Rights.
New York:
In an attempt to moot the New York State Rifle & Pistol Association Inc. v. City of New York before the US Supreme Court the Senate Codes Committee has passed S.6151, legislation that gives New York City the authority to “authorize” where New Yorkers can take their firearms. 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.
North Dakota:
The North Dakota legislature has adjourned. Gov. Dough Burgum signed HB1042, permitless carry allows concealed carry in motor vehicle; HB1308, a firearm that fires with one trigger pull is not a “machine gun or fully automatic rifle”; and HB1381, prohibits taxpayer dollars funding “firearm buyback programs.”
Ohio:
Ohio State University prior to July 2014 banned students from storing legally owned firearms in vehicles parked on campus. Students for Concealed Carry Foundation, Inc.(SCCF) filed a lawsuit in Franklin County Common Pleas Court against Ohio State for regulating the possession of firearms on campus. After almost 5 years, the SCCF announced a settlement that resolved the lawsuit. Ohio State University changed their Student Code to allow licensed student to “be able to store legal weapons in cars parked on campus.
Oklahoma:
HB2597, a constitutional carry bill, was signed by Gov. Kevin Stitt.
Oregon:
On April 2 the Senate Committee on Judiciary held a public hearing for SB978, which includes the
-1 Amendment, an omnibus gun control package that includes parts of HB2551, mandatory and restrictive firearm storage requirements, increase Right-to-Carry permit fees and other restrictive provisions. On the same day the House Committee on the Judiciary had a public hearing on HB2013, a “red flag” bill, restricting gun ownership without due process, Among the other 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:
SB531, enhancing the Pennsylvania preemption laws, passed the Senate Local Government Committee 7-4 on April 30, 2019.The City of Pittsburgh has passed several ordinance that would ban so-called “assault weapons,” ban magazines with a capacity of 10 rounds or more, and allow the seizure for firearms from those deemed too dangerous to own them. The Senate Game and Fisheries Committee passed SB147, allowing Sunday hunting by an 8-3 vote.
Rhode Island:
The Senate Judiciary Committee voted to send S84, banning undetectable firearms, to the full Senate for a vote, while the hearing for S595, a bill to make firearms dealers report to the state police all firearms transfers, was postponed.
South Carolina:
The South Carolina legislature has adjourned.
South Dakota:
The South Dakota legislature has adjourned.
Tennessee:
Gov. Bill Lee signed HB1264/SB705, setting up a less cumbersome and less expensive Right-to-Carry system.
Texas:
The Texas legislature has adjourned. Texas Attorney General Ken Paxton on May 24, 2019 issued an opinion that was requested by Sen. Donna Campbell regarding current Firearms Preemption Law in Texas. He ruled the the proposed San Antonio City Council proposed ordinances restricting where gun stores could be located would be prohibited by current Texas firearms preemption statutes. Gov. Greg Abbott signed HB302/SB19, protecting the Second Amendment rights of tenant to possess firearms in their residential units. Other bills awaiting Gov. Abbott’s consideration are: HB121, provides a legal defense for Right-to-Carry Permittees that unknowingly enter establishments that ban firearms; HB1143, limiting how school districts may regulate firearms stored in private vehicles on school grounds; HB1177, closes loopholes in current “wrongful exclusion” law to allow carrying a firearm during a declared state or local disaster; HB2363, modified the current firearms storage requirements in foster homes; HB3231, making firearms preemption rules apply to counties as well as cities; SB535, allowing places of worship to decide if they want to allow Right-to-Carry Permittees to exercise their Second Amendment rights; SB741, prohibiting property owners’ associates from infringing on Second Amendment rights; and SB772, making it more difficult to institute civil lawsuits against businesses that do not post “guns not allowed” signage.
Vermont:
S.169, which contains parts of S22, creating a 24-hour waiting period for the purchase of a handgun and includes the fixes—S1, S2, S3 and S13—to last year’s magazine ban, has passed the Senate.
Washington:
The Washington legislature has adjourned. Gov. Inslee signed four anti-gun bills: HB1465, requiring Right-to-Carry permittees to undergo a state background check on handgun purchases instead of the instant NICS check from the FBI; HB1786, expanding protective order firearm seizures without due process; SB5027, expanding Washington’s existing Extreme Risk Protection Orders (ERPO) to include minors and others in a household with due process; SB5181, removing Second Amendment rights for those admitted to a 72-hour mental health evaluation for six months even if the individual is not subsequently involuntarily committed. Also Gov. Inslee signed HB1934 into law, allowing military members who are stationed or assigned out-of-state to renew their CPL by mail.
Wisconsin:
The new Democrat governor, Tony Evers, is already working on gun control measures.
West Virginia:
The West Virginia legislature has adjourned. Gov Justice signed SB4, a Municipal Home Rule bill that included an amendment to prohibit municipalities from adopting any regulation or ordinance that violates Second Amendment rights.
