By Tanya Metaksa
TANYA METAKSA
What’s New— Federal: House Judiciary Committee schedules a mark-up on H.R. 1186 and H.R. 1236. . State Legislation: California— The legislature is back in session—all anti-gun committee bills were passed by Aug 30, 2019 and 10 anti-gun bills must be passed before adjournment Sept. 13, 2019. Massachusetts—On Aug 28 a hearing on gun bills before the Joint Committee on Public Safety and Homeland Security was held. Washington city of Tacoma—City councilman proposes taxing firearms and ammunition purchases. Ballot Initiatives 2020-Florida-Prohibits possession of defined assault weapons, which includes any rifle of any caliber capable of holding magazines; Oregon-IP18-requiring all firearms to be locked unless being carried.
2019 Elections
NRA/PVF-endorsed Tate Reeves won the run-off election Aug. 27 for the Republican nomination for Governor. Reeves will be facing Democrat Jim Hood in the general election. Ballotopedia reported that two of the tree election forecasters “rated the general election as “Leans Republican” and the other rate it as “Likely Republican.”
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.
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. Back on July 29, 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.”
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.
Federal
Congress returned from its August recess on September 5 and the item that seems to have ratcheted to the top of the Democrat’s to-do list is gun control or as Senate Minority Leader Chuck Schumer intentionally misnames it —“gun violence measures.”
Schumer and the Democrats are using the radical left’s fervor for any kind of gun control measure as a lever to get President Trump to support proposals that would initiate federal “red flag” laws and/or universal background checks.
In an effort to ramp up the radical anti-gun supporters Democrat Senators even leaked the Schumer letter explaining this strategy to Politico. The letter stated, “President Trump and Senate Republicans have failed to act on the issue of gun violence, bowing repeatedly to the NRA and the hard right by choosing inaction or half-measures over real, meaningful legislation.” He went on to write, “Comprehensive, evidence-based solutions, like updating our laws to require background checks for all gun sales, must be a part of any congressional action to curb gun violence.”
Additionally the House Judiciary Committee has scheduled votes for Tuesday, Sept 10 on the “Extreme Risk Protection Order Act of 2019,” H.R. 1236, a bill that would establish federal grants to state, local and tribal governments for the purpose of establishing a program designated to allow such governmental entities to remove a person’s Second Amendment rights, and H.R. 1186, the “Keep Armericans Safe Act,” a bill to ban the sale, transfer and possession of magazines with more than 10 rounds.
Six months ago the Hose passed two extreme gun control measures—H.R. 8, a universal background check bill, and H.R. 1112, a bill to extend the time from 3 days to 10 days if a prospective buyer is not cleared in a NICs check. These bills are still awaiting action in the U.S. Senate and could be incorporated into any new legislation that the House passes.
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
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 gun show will be held on the weekend of Sept. 28-29, 2019.
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.
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.
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.”
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.
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
Washington, city of Tacoma:
According to Q13News council member Ryan Mello has announced an ordinance to tax guns and ammunition in the city. Mello’s plan is to bring this proposal to the full City Council for a vote. The owner of Mary’s Pistols stated, “”It would literally put me out of business; that’s that. That’s my livelihood. I’m done.”
The council was scheduled to meet Tuesday, Sept. 10.
California:
The final week of the 2019 legislative session begins—adjournment is scheduled for Sept. 13. The Assembly Appropriation Committee has sent the following bills to the Assembly for votes: 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; SB172, expanding the penalties for not storing firearms according to the current law, and SB220, increasing mandatory storage requirements for licensed firearms dealers.The Senate Appropriations Committee has sent AB12, removing the maximum fee limit that a local government can charge for an application for a Right-to-Carry application; AB1669, raising the DROS fees that are added to the cost of a firearm’s purchase; AB1254, prohibiting bobcat hunting, trapping or taking; and AB893, prohibit sale of firearms and ammunition at Del Mar Fairgrounds after Jan 1, 2021, to the Senate floor for votes.
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.
Massachusetts:
The Joint Committee on Public Safety and Homeland Security held a hearing on firearms legislation. The list of bills that were on the agenda can be found at https://malegislature.gov/Events/Hearings/Detail/3247. The list includes over 40 anti-gun bills. When the committee will meet to make recommendations has not been scheduled.
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.
New Hampshire:
As has been rumored for weeks Gov. Chris Sununu vetoed HB109, requiring background checks on all firearm transfers; HB514, adding a three-day waiting period prior to transfer of a firearm; and HB564, prohibiting the carrying of a firearm on school property. In his veto message he stated, “These three bills would not solve our national issues nor would they prevent evil individuals from doing harm, but they would further restrict the constitutional rights of law abiding New Hampshire citizens.”
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.
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.
