By Tanya Metaksa
TANYA METAKSA
What’s New— State Legislation: California—Gov. Newsom signed two more anti-2nd Amendment bills into law. Florida—State Senate backs Gov. Ron DeSantis’ suspension of Broward County Sheriff Scott Israel. Illinois—A veto session will be held on Oct. 28 and gun control legislation may be considered. New Hampshire—HB 687, firearms seizure bill, to be considered. Pennsylvania—House of Representatives to consider SB 147. Judicial-Washington Superior Court grants judgment against City of Edmonds for violating state preemption statute with an ordinance mandating firearm storage, City of Missoula v. Timothy C. Fox—Montana Supreme Court upholds preemption law. 2020 Elections—Senator Elizabeth Warren’s firearms and ammunition excise tax increase proposal.
2019 Elections
Louisiana:
The day before primary voting President Donald Trump went to Louisiana for a rally. At that rally he urged people to get out to vote against incumbent Governor John Bel Edwards. As a result, on Oct. 12 Edwards received only 47% of the votes cast forcing a run-off election between Edwards and the Republican Eddie Rispone, a Baton Rouge business man. The general election will be on Nov. 16.
In Kentucky, Mississippi, New Jersey and Virginia the normal first Tuesday in Nov. election will be held on Nov. 5, 2019.
Virginia:
The general election in Virginia this year has focused on gun control. Many Democrat candidates are touting their gun control ideas while campaigning, especially in Northern Virginia. In an article in the NY Times the headline read “The Next Front in the Fight Over Gun Control? Virginia.” That article stated “The Everytown for Gun Safety Action Fund, the political arm of Mr. Bloomberg’s gun control organization, said this week that it would invest at least $2.5 million in Virginia before Election Day — more than it spent in either of the last two legislative elections there.” According to NRA’s Glen Caroline, “The various Bloomberg-backed gun control groups have committed to spending $5 million dollars to win this election, apparently focusing primarily on expensive and misleading television ads and digital efforts.”
2020 Elections
Elizabeth Warren has proposed increasing the current 10% excise tax to 30%. Those taxes that have been supported by gun owners, hunters and fishermen for over 70 years in order to maintain wildlife, shooting ranges and outdoor recreation areas and are paid as an addition to the cost of the item. This proposal in in addition to her other proposal for government imposed limits on gun and ammunition purchases.
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.”
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). Back 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.
Butina has now been released from prison and deported back to Russia.
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 here and the minority report here.
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. The votes on the following bills were 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 Representative 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 our 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
Bass, Seaburg, The Second Amendment Foundation and The National Rifle Association v. City of Edmonds.
In 2018 the City of Edmonds, WA passed an ordinance to regulate how firearms must be stored within the city. The plaintiffs filed suit alleging that the “state of Washington has exclusive right to regulate the possession of firearms.” On Oct. 18 Judge Anita Farris ruled the ordinance “impermissibly regulates firearms in violation” of Washington’s 36-year-old preemption law. The City of Edmonds announced it will appeal to the Washington state Supreme Court.
City of Missoula v. Timothy C. Fox:
In 2016 the city of Missoula passed an ordinance requiring background checks between all firearms purchases from private unlicensed sellers. In January 2017 Timothy C. Fox, Montana Attorney General, issued an opinion that the ordinance was not enforceable due to the Montana preemption statutes. The city then went to court stating that the AG opinion was erroneous. On October 11, 2018 Judge Robert “Dusty” Deschamps rejected the Attorney General’s ruling stating that Fox’s opinion “deprives Missoula of its own authority.” That decision was appealed to the Montana Supreme Court. The Montana Supreme Court has now ruled 5-0 in favor of AG Tim Fox’s opinion and remanded the case back to the Superior Court to find in favor of the Attorney General.
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, 2019. 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. On October 7 SCOTUS issued an order from their private conference in early October: “The Respondent’s Suggestion of Mootness is denied. The question of mootness will be subject to further consideration at oral argument, and the parties should be prepared to discuss it.”
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.” Given the new information that the Mayor of San Francisco London Breed, has written a memo which states, “Unless or until the Board of Supervisors enacts an ordinance…no department will take steps…to restrict any contractor from doing business with the NRA or to restrict City contracting opportunities for any business that has any relationship with the NRA,” it is highly possible that this lawsuit will be moot.
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.
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, 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.”
State Legislation
All 50 state legislatures were in session in 2019.
The following states are still in session:
Massachusetts, Michigan, New Hampshire, New Jersey, North Carolina, Ohio, Pennsylvania, Wisconsin
California:
The Legislature has adjourned. Before the Oct 13th deadline Governor Newsom signed two additional anti-freedoms bills: AB1254, a bill to prohibit the hunting of bobcats, and SB 172, further expanding California’s firearms storage laws and has increased penalties to include a 10 year ban on firearm ownership. Earlier in October he signed the following seven bills into law: 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.
Florida:
After the tragedy at Marjory Stoneham Douglas High School in Broward County, FL in 2018, Sheriff Scott Israel was blamed by many for the inaction of his deputy during the shooting. As a result Gov. Ron DeSantis suspended Israel in January 2019. At first Israel filed a lawsuit against Gov. DeSantis to regain his position. After his lawsuit was thrown out of Broward Circuit Court he appealed to the Florida Senate that has the power to remove or reinstate elected officials. After an investigation and then a hearing before the Senate Rules Committee, the Senate voted 25-15 to remove Israel from his position as Sheriff.
The Sarasota County school board has decided to get into the business of promoting gun policy with a resolution requesting that Congress ban firearms. According to the gun writer such a resolution is not allowed under Florida’s preemption statute.
Illinois:
A Veto Session will be held on Oct. 28 and the legislature may consider any of the gun control bills currently pending. 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:
A carry-over bill, HB687, allowing firearms seizure without due process is scheduled to be considered on Oct. 30 by the House Criminal Justice and Public Safety Committee.
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. In the past year 69,375 new carry licenses and almost 100,000 renewals were issued.
Pennsylvania:
The House is scheduled to vote on SB147, allowing Sunday hunting, on October 28, 2019. It has already passed the Senate.
