By Tanya Metaksa
TANYA METAKSA
What’s New— Federal: Senate Finance Committee issues report “NRA and Russia”. House Judiciary Committee votes to report out H.R. 1186, H.R. 1236 and H.R. 2708. Minority Report of the Senate Finance Committee—NRA and Russia. State Legislation: Pennsylvania—Senate Judiciary Committee took action on several bills. New Hampshire-the legislature met for a veto-override session but failed to get the necessary two-thirds to override Gov. Sununu’s veto of three anti-gun bills. Pennsylvania-2 days of hearings before Senate Judiciary Committee. Washington city of Tacoma—City councilman proposes taxing firearms and ammunition purchases. Judicial-N.Y. State Rifle & Pistol Association, Inv. v. City of New York, New York. 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.
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2019 Elections
The next election date in 2019 will be the Louisiana primary elections to be held on Oct. 12 in anticipation of the general election on Nov. 16. The normal first Tuesday in November election will be held on Nov. 5 in Kentucky, Mississippi, New Jersey and Virginia.
2020 Elections
The New York Times reported on Friday, Sept. 27, that NRA Executive Vice-President Wayne LaPierre met with President Trump to discuss the 2020 election and the impeachment effort against Trump. NRA said the Times’s account was not correct but a meeting occurred.
Ballot initiatives-2020
Florida:
“Ban Assault Weapons Now!,” an organization of anti-gunners 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, 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
The NRA and Russia (U.S. Senate Committee on Finance Minority Staff Report). On Sept. 27, Senator Ron Wyden (D-OR), the Ranking Minority Member of the Senate Finance Committee, issued a report that was subtitle “How A Tax-Exempt Organization Became a Foreign Asset.” The 78-page report is full of innuendo about what transpired at several NRA Annual meetings as well as a trip that some NRA members of the Board including Pete Brownell (at the time NRA Vice-President) took to Russia in 2015. This report is substantially based on information supplied by the NRA and its officers, but is influenced by the fact that Maria Butina, a Russian citizen who was instrumental in enabling an NRA trip to Moscow, was accused of acting as a foreign agent by the US government. Butina’s trial culminated in a guilty plea to the charge of acting as a Russian agent without registering. She is currently serving an 18-month sentence in federal prison.
The release of this Minority report is prefaced by a Majority Staff Report that states, “Following two and a half years of endless, feverish speculation about so-called collusion that cast suspicion on any and all things Russian, the Minority report at issue attempts to paint a picture of the National Rifle Association with facts and innuendo that together actually demonstrate little to nothing…BASED ON THE REVIEWABLE EVIDENCE THE NRA’S TAX-EXEMPT STATUS IS NOT AT RISK.” The majority report can be accessed at https://www.finance.senate.gov/imo/media/doc/2019-09-27%20NRA%20&%20Russia%20-%20Majority%20Report.pdf and the minority report at https://www.finance.senate.gov/imo/media/doc/The%20NRA%20%20Russia%20-%20How%20a%20Tax-Exempt%20Organization%20Became%20a%20Foreign%20Asset.pdf.
House Judiciary Committee: Predictably the full House Judiciary Committee took advantage of the intense build-up by the Democrats to grandstand in favor of restricting the rights of law-abiding citizens to exercise their Second Amendment rights. They voted unsurprisingly along party lines. All Democrats present voted Aye, while the minority Republicans voted Nay. 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, passed by a vote of 22-16. During the sometimes heated discussion Representative Jim Jordon of Ohio explained how these so-called “red flag” laws are fundamentally changing American jurisprudence’s centuries old presumption of innocence until proven guilty and forcing gun owners to prove his/her innocence.
H.R. 1186, the “Keep Americans Safe Act,” a bill to ban the sale, transfer and possession of magazines with more than 10 rounds, passed by a vote of 23-16. This bill as it is currently written would allow current owners to keep magazines capable of holding more than 10 rounds, but Rep. Eric Swalwell of California, a former Presidential candidate, testified that he would support government buy-backs of such magazines.
Finally, the Committee added H.R. 2708, the “Disarm Hate Act” to its agenda. This bill’s purpose is “to prevent a person who has been convicted of a misdemeanor hate crime, or received an enhanced sentence for a misdemeanor because of hate or bias in the commission, from obtaining a firearm.” Although Representative Ken Buck of Colorado argued that there are several constitutional concerns as this bill is written. It passed by a vote of 23-15.
The discussion during the committee hearing was heated and the rhetoric from some of the anti-gun legislators was aimed directly at law-abiding gun owners. When Representative Steve Cohen of Tennessee says that anyone who possesses a semi-automatic rifle should “go away,” one thinks he knows very little about the Constitution—especially the Bill of Rights.
Six months ago the House 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.
Judicial
N.Y. State Rifle & Pistol Association, Inv. v. City of New York, New York.
This case is scheduled for the U.S. Supreme Court (SCOTUS) and the issue is: “Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.” SCOTUS has set the date for argument before the Court for Dec. 2. In January 2019 the Court agreed to hear this case. This set into motion a frenzied effort by New York City (NYC) officials not only to change their firearms regulations but to change state law. The hope by New York officials was that SCOTUS would then dismiss the case because it would no longer be moot. The question of mootness has not been settled by the Court but will be taken up at the Justices’ conference scheduled for Oct. 1, 2019.
National Rifle Association of America, v. City and County of San Francisco, et. al
The National Rifle Association (NRA) filed a federal lawsuit against the City and County of San Francisco which passed a resolution declaring the NRA to be a “domestic terrorist organization.”
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, 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 gun show was held over the weekend of Sept. 28-29.
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.
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, 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, 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 were 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,
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.
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.
California:
The Legislature has adjourned. The Assembly passed: 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 passed 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. The bills and others passed recently are awaiting Gov. Newsom’s signature.
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:
On Sept. 18 the New Hampshire legislature met in an attempt to override Gov. Sununu’s vetos. The Democrats, who control the legislature, needed Republican votes to get to a two-thirds majority. Fortunately, they were short of the necessary votes when the three gun bills were brought up.
Pennsylvania:
On Sept. 24 the Senate Judiciary Committee took the following: Tabled the following bills: HB165, HB585, HB303, HB585, HB726, HB1066, HB1747, HB1805, HB1835, HB1837, HB1851, and HB1852. Reported out HB491, a Domestic Violence Awareness Day Resolution, and HB467, Recognizing October as Domestic Violence Awareness Month. 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.
Washington:
According to KCPQ News, Tacoma city 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,”
