Tanya Metaksa
By Tanya Metaksa
What’s New— Federal: Congress on recess. Judicial: State of Florida, et al, vs. City of Weston, Florida, Dan Daley, et al.; Rhode v. Becerra request an injunction against ammunition law effective July 1. State Legislation: California— The legislature is back in session—gun bills rescheduled. New Hampshire- Gov. Chris Sununu did veto the three gun bills recently passed by the legislature. Virginia—The Virginia State Crime Commission is acceptation comments on Gov. Northam’s proposals. Politics—Mississippi primary election results. Ballot Initiatives 2020-Florida-Prohibits possession of defined assault weapons.
2019 Elections
Four states are holding statewide and local elections on Nov. 5, 2019: Kentucky, Mississippi, New Jersey and Virginia. Louisiana is holding a statewide election on Nov. 16, 2019 with the primary being held on October 12. In The Aug 6 elections results in Mississippi: NRA/PVF endorsed Delbert Hosemann for Lt. Gov. and State Senator Michael Watson for Secretary of State won their respective primaries and will be on the general election ballot. A runoff for the Republican nomination for Governor between endorsed Tate Reeves and Bill Walker will be held on August 27, 2019.
Ballot initiatives-2020
Florida:
Ban Assault Weapons Now!, an organization of anti-gun persons who want Floridians to think they are survivors of mass shootings in Orlando and Parkland, announced June 10 that it had obtained 103,000 signed petitions. This number should allow a Florida Supreme Court review of the proposed ballot question, a first step in the process of being put on the 2020 ballot. On July 29, 2019 Florida Attorney General Ashley Moody petitioned the Florida Supreme Court for a written opinion on the language of the proposed initiative. She also “requests the opportunity to present argument in opposition to placement of this proposed amendment on the ballot. The proposed amendment’s title and summary are not clear and unambiguous and do not comply with the requirements of section 101.161(1), Florida Statutes. Indeed, the title and summary should not be submitted to Florida voters because the title and summary fail to inform voters of the chief purpose of the proposed amendment and are affirmatively misleading.”
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Federal
U.S. Congress is on recess until after Labor Day.
Secretary of the Interior David Bernhardt announced a proposed expansion plus new hunting and fishing opportunities across 1.4 million acres managed by the US Fish & Wildlife Service.
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.
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 co-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.
- 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.
S.193, to require the safe storage of firearms, was introduced by the two CT Senators. 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.
State of Florida, et al, vs. City of Weston, Florida, Dan Daley, et al.
This lawsuit was brought by 20 counties against the 2011 change in state law that allowed penalties to be assessed against municipalities that violated Florida’s 1987 preemption law. On July 26, 2019 Leon County Circuit Judge Charles Dodson of the Florida First District Court of Appeals ruled that “legislative immunity” protected government officials from being sued for their decisions. According to the Tampa Bay Times, Attorney General Ashley Moody filed a notice to appeal this ruling that puts the Dodson decision on hold. Nikki Fried, the newly elected Commissioner of Agriculture and Consumer Service — the department that handles Florida Right-to-Carry Permit issuance —stated that Moody’s appeal “is a waste of taxpayer money.”
Rhode v. Becerra:
On July 22, the California Rifle & Pistol Association, a group of federally licensed gun dealers, individuals, and the NRA filed a motion requesting an injunction against California’s new law regarding the purchase of ammunition. The original case was filed in April 2018. A hearing on this request is scheduled for August 19, 2019.
Sharp v. Becerra:
In 2016 the California legislature enacted SB880 and AB1135, the redefined “assault weapon” to include many legally owned firearms including those with “bullet buttons” and required persons to register such guns in order to keep them. Included in the bill language was a requirement for the DOJ to “create a functional ‘public-facing’ Internet based registration system for this purpose.” [https://www.firearmspolicy.org/sharp-update] The DOJ was unable to maintain such a website and thus many law-abiding gun owners were unable to comply with the registration law within the timeframe required. Thus in 2018 after the CA DOJ closed the website this lawsuit was filed by the petitioners and the Calguns Foundation; Firearms Policy Coalition; Firearms Policy Foundation; And Second Amendment Foundation. A motion to dismiss was filed by the DOJ and on June 25, 2019 Judge Morrison C. England, Jr., DENIED the motion.
B&L productions, inc. et al.v. 22nd district agricultural association, et al.
The Del Mar Fairgrounds Board of Directors voted in September 2018 to prohibit gun shows at the fairgrounds after December 31, 2018. As a result a lawsuit supported by the California Rifle and Pistol Association, the Second Amendment Foundation (SAF) and the National Rifle Association (NRA) was filed in the US District Court for the Southern District of California. On June 19, 2019 U.S. District Judge Cathy Ann Bencivengo issued a preliminary in junction that will allow the gun shows to continue at the fairgrounds until the court rules on the legality of the suspension. The next gunshow will be held on the weekend of Sept. 28-29, 2019.
Commonwealth Of Pennsylvania, v. Michael J. Hicks:
This case was brought to the Pennsylvania Supreme Court (PSC) by the defendant, Michael Hicks. Mr. Hicks, a Pennsylvania citizen who although he had a Right-to-Carry permit was apprehended by the Allentown police after they were notified that a man had a firearm in the parking lot of a gas station. The police arrived and did a “stop and frisk.” He was arrested and subsequently convicted of a “DUI”. Mr. Hicks appealed and his appeal was denied by the Superior Court. He then “sought allowance” to the PSC. The PSC took the case because they wanted to consider whether the Superior Court’s application of ability of the police to “stop and frisk” based on the report of a firearm “comports with the requirements of the Fourth Amendment.” The PSC was very clear in dismissing the charges against Hicks stating, “possession of a concealed weapon in public creates a reasonable suspicion justifying an investigatory stop in order to investigate whether the person is properly licensed.”
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 April 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.
State Legislation
All 50 state legislatures were in session in 2019.
The following states are still in session: California, Massachusetts, Michigan, New Hampshire, New Jersey, North Carolina, Ohio, Pennsylvania, Wisconsin
California:
The next gunshow at the Del Mar fairgrounds will be held on the weekend of Sept. 28-29, 2019. (See B&L productions under Judicial). The legislature is back in session and has an August 30 deadline. The Assembly Appropriation Committee has sent SB172, expanding the penalties for not storing firearms according to the current law, to the suspense file. The Senate Appropriation Committee has sent both AB1669, raising the DROS fees that are added to the cost of a firearm’s purchase; and AB1254, prohibiting bobcat hunting, trapping or taking to the suspense file. All these bills may be taken up during the week of Aug. 26. The Senate also passed AJR5, urging Congress to pass universal firearms laws similar to California law. The following bills are still viable: AB1297, removing the maximum fee limit that a local government can charge for an application for a Right-to-carry application, is awaiting action in the Senate. The following bills are in Senate Appropriation Committee’s suspense file: AB12, removing the maximum fee limit that a local government can charge for an application for a Right-to-Carry application; AB61, expanding those persons who can file “gun violence restraining orders; AB879, mandating the state require firearms parts be sold/transferred through a licensed parts dealer; AB893, prohibit sale of firearms and ammunition at Del Mar Fairgrounds after Jan 1, 2021. Awaiting action in the Assembly: SB220, increasing mandatory storage requirements for licensed firearms dealers. SB172, expanding the penalties for not storing firearms according to the current law, is before the Assembly Appropriations Committee. The Assembly Appropriations Committee sent SB61, expanding the one-handgun-a-month law to all firearms and prohibiting persons the purchase of centerfire semi-automatic rifles to persons under 21 years of age, to the suspense file. SB120, increasing the penalty for violation of firearms transportation statutes to include a 10-year prohibition on firearms ownership, has had two hearings cancelled by request of the author. The San Diego City Council voted for the second time on July 30 to approve an ordinance requiring all guns to be either stored in a locked container or be made inoperable with a trigger lock unless being carried or controlled by the firearm owner. Phone calls to the mayor’s office asking whether he has signed the ordinance were not returned.
Michigan:
HB4434, reducing 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.
Pennsylvania:
The Senate passed SB147, allowing Sunday hunting, by an 36-14 vote. SB531, enhancing the Pennsylvania preemption laws, passed the Senate Local Government Committee 7-4.
New Hampshire:
Gov. Chris Sununu vetod the anti-gun bills passed by the legislature: HB564, criminalizing the carrying of guns in cars on school property; HB109, a preemption bill that 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. None of these bills were passed with enough votes to override his veto.
Oregon:
Initiative Petition 18 (IP18) has been filed. Petitioners must gather 1000 signatures to start the process for gathering signatures to put this measure on the ballot. IP18 is a proposal that would require all firearms to be locked unless being carried and stolen or lost firearms must be reported within 24 hours.
Virginia:
The public comment period on Gov. Ralph Notham’s gun proposals before the Virginia State Crime Commission is now closed. They were meeting Aug. 19 and 20th. Northam’s proposals include: Universal background checks for all firearms transfers, banning commonly owned semi-automatic rifles, banning magazines that can hold more than 10 rounds, banning suppressors, limiting purchases to one-gun-a-month, storage requirements with extreme penalties, and changing pre-emption laws.
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.
New York:
The New York legislature has adjourned. In an attempt to moot the New York State Rifle & Pistol Association Inc. v. City of New York scheduled to be considered by the US Supreme Court in the fall 2019 term, the legislature passed A07752, a preemption bill legislation that gives the state authority over New York City gun laws. Gov Cuomo is expected to sign it. For a good article regarding this case and A07752 see this article in National Review.
Ohio:
HB178, a constitutional carry bill, was approved in the House Federalism Committee on June 26. It has been re-referred to the Criminal Justice and Rules and Reference Committees on June 28 and June 30. In the past year 69,375 new carry licenses and almost 100,000 renewals were issued.
