By Tanya Metaksa
What’s New—2020 Elections: President Trump test positive for COVID-19, goes to Walter Reed Hospital; Judicial: Supreme Court—Majority Leader McConnell reaffirms Barrett nomination to SCOTUS will proceed; NRA v. City of Los Angeles—Judge grants NRA $143,000 in legal fees; California—Gov. Newsom signs 2 bill and vetoes a third; Connecticut—Gov. Ned Lamont has initiated a special session beginning September 29, 2020; Ohio—Gov. DeWine signs HB614, extending Right-to-Carry Permits expiration dates;– Virginia—Fairfax City Council discussing local gun control on October 6.
2020 Elections
Presidential Election 2020: After participating in first 2020 Presidential debate President Trump was diagnosed with COVID-19 and then was admitted to Walter Reed Hospital in Bethesda, MD for treatment. In addition, FLOTUS Melania Trump has been diagnosed with COVID-19 but has remained at the White House. On September 29, 2020 President Trump and Democrat candidate Joe Biden met in Ohio for the first Presidential debate. By all reviews it was an out-of-control shouting match with moderator Chris Wallace attacking Trump repeatedly. More and more police groups are publicly announcing their support for Trump’s reelection. One of the initial groups, New York City police union, warned “No one will be safe in Biden’s America.”
Florida: In addition to his promised $100 million donation to Florida Democrats, former Democrat presidential contender Michael Bloomberg has raised $$$ to pay felons fines so that they can vote. Now the Florida Attorney General has requested the FBI investigate Bloomberg’s effort.
2019-2020 Gun Control in the U.S. Congress
S. 4271, “Virginia Plan to Reduce Gun Violence Act of 2020”: The two Democrat Virginia Senators, Tim Kaine and Mark Warner, have introduced S.4271, a Congressional version of what the anti-gun Virginia Governor Ralph Northam passed through the 2020 legislature. It includes Universal Background Checks, unconstitutional Red Flag orders, one-handgun-a-month limitations for purchase, expanding the list of prohibited persons to include many more misdemeanors, and oppressive lost and stolen firearms criminal sanctions.
H.R. 5717 and S. 3254 are the most far reaching gun control proposals with one exception. H.R. 5717, introduced by Rep. Hank Johnson (D-GA), is basically the wish-list of all the gun controllers in the world without completely banning firearms. A federal gun license with background checks and a 7-day waiting period, banning every semi-automatic, banning every magazine with over 10-round capacity; red flag laws; 30% additional tax on firearms and 50% tax on ammunition, draconian safe storage requirements, suppressor bans, one-gun-a-month restrictions, and more gun-free zones. S. 3254, sponsored by Sen. Elizabeth Warren, commonly known as “Pocahontas,” grandfathered those weapons that are considered “assault weapons.” We all know that is a ploy to try to win some Republican votes for the measure. It is necessary for every gun owner to contact their Republican Senators and ask them to vote no on S. 3254.
Awaiting action in the U.S. Senate: In February 2019 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.
State Legislation
California:
The legislature has adjourned. Governor Newsom announced the following action: He vetoed SB914, more restrictions on loaning a firearm, and signed AB2362, fines for FFLs, and AB2847, a microstamping bill. Governor Gavin Newsom already signed AB88, which is a budget bill that includes an expanded definition of assault weapons and moves up the effective date of precursor parts restrictions from 2024 to 2022.
Connecticut:
A special session has been called by Gov. Lamont.
Hawaii:
Governor Ige waited until the last day to sign SB3054, requiring notice to the government of permanent removal of a firearm to another state. He did not veto HB2744, restriction on firearms parts, and thus it became law without his signature.
Illinois:
As we have mention this year there has been a delay by the Illinois State Police in issuing Firearm Owner’s Identification Cards (FOID). See Bradley v. Kelley in the Judicial section.The legislature has reconvened for three days per week. Senate Bill 1966, the gun control package from 2019, is still waiting to be scheduled for a hearing in Senate Committee.
Massachusetts:
The state of Massachusetts set out a memorandum regarding Safety Standards for Hunter Education and Firearms Identification Card for license to carry firearms classes. This can be accessed here.
New Hampshire:
Governor Chis Sununu’s veto of HB687, a bill that allowed firearms seizure without due process, was upheld in the House.
New Jersey:
Although the legislature passed a budget that was signed by Gov. Phil Murphy, it did not include Murphy’s draconian fees the he proposed to levy on gun owners. However, this was a short term budget revision and can be added to at any time.
Ohio:
Gov. Mike DeWine signed HB614, extending CHL expirations dates through June 30, 2021, and for those licenses that will expire between April 1, 2021 and June 30, 2021 those licenses are extended an additional 90 days past their expiration date. SB360, prohibit governments from banning the sale of firearms and ammunitions during an emergency, was finally passed on Sept. 22, 2020 by the Senate Government Oversight and Reform Committee. The same committee has not held a hearing on SB317, allowing certain persons to be armed within a school safety zone.
Pennsylvania:
In the city of Philadelphia in order to apply for a permit one must schedule an appointment with the City’s gun permit unit. It was shut down from March until the end of July this year due to the pandemic. Now people are being told the earliest they can book an appointment is in 2021. According to state law local law enforcement has 45 days to process license applications. According to freebeacon.com “Philadelphia has seemingly evaded the requirement by forcing applicants to wait up to a year to submit their application.” HB1747, allowing person with Right-to-Carry Permits and other in self-defense to carry and use firearms during an emergency, was reported favorably by the Senate Judiciary Committee. Last year as a result of the passage of SB147 Sunday hunting was legalized in the Commonwealth. The three Sundays in 2020 are Nov. 12 for archery deer hunting, Nov. 22 for bear hunting and Nov. 29 for rifle deer hunting. HB1747, legislation to prevent the governor from suspending Second Amendment rights during a state of emergency, passed House.The bill was referred to the Senate Judiciary Committee on June 30, 2020.
Virginia:
Fairfax City Council has an item on its agenda regarding gun control ordinance for October 2, 2020. Buckingham County to consider noise ordinance on Oct. 13. Check out the VCLD website where there is a special link to send a message to legislators regarding the 2 pro-gun proposals.
Judicial
US Supreme Court (SCOTUS)—
On September 18, 2020 Associate Justice Ruth Bader Ginsberg died of pancreatic cancer leaving a vacancy on the Court. On September 26. 2020 President Trump nominated Judge Amy Coney Barrett of the 7th U.S. Circuit Court of Appeals to fill the vacancy in SCOTUS. A fair summary of Judge Barrett and her opinions can be found here.
NRA v. City of Los Angeles—
In February 2019 the Los Angeles City Council passed an ordinance that states all prospective contractors must disclose any contracts or relationships they have with the NRA. NRA filed the lawsuit on First and Fourteenth Amendment grounds asking the Court to declare the ordinance unconstitutional. This ordinance was patterned after an ordinance against companies that participate in President Trump’s border wall construction. Judge Stephen V. Wilson’s decision upheld the NRA’s case and he issued an injunction against the LA ordinance on Dec. 11, 2019. However, this case has made national news because it was not until October 1, 2020 when the Judge order Los Angeles to pay the NRA $143,000 in damages.
Association of New Jersey Rifle & Pistol Clubs, Inc. v. Attorney General New Jersey—
this is an appeal from the decision of a 3-judge panel in the case of New Jersey’s law to ban that possession of magazines with a greater capacity than 10-rounds. A brief was filed by Professors Of Second Amendment Law, Firearms Policy Coalition, Firearms Policy Foundation, Madison Society Foundation, California Gun Rights Foundation, And Independence Institute In Support Of The Petition For Rehearing En Banc.
Federal Law Enforcement Officers Association v. Gurbir Grewal—
The NRA and the Association of New Jersey Rifle & Pistol Clubs have filed an amicus brief in this case. This is another case in which the state of New Jersey is over reaching. A federal law, Law Enforcement Officer Safety Act, (LEOSA) allows current and retired law enforcement officers to carry firearms nationwide. However, the state of New Jersey is requiring these officers to get state-issued Right-to-Carry Permits. The case is being tried in the U.S. District Court for the District of New Jersey.
Mitchell v. Atkins—
A case brought by NRA and SAF against the provision of that barred adults under 21 from purchasing so-called “assault weapons.” On August 31, 2020 Judge Ronald B. Leighton ruled, “Defendants Atkins and Meidl’s Motions to Dismiss [Dkt. #32 & #34] are GRANTED with respect to Plaintiffs’ 1983 claim. The Motions are otherwise DENIED.”
Campos v. Becerra—
The Second Amendment Foundation (SAF) and several other pro-gun groups have joined together in this lawsuit against the CA DOJ’s delay in firearms transfers. According to Alan M. Gottlieb, “California DOJ and the Bureau of Firearms are using the state’s Dealer Record of Sale and the coronavirus outbreak to violate the state’s 10-day waiting period by extending it as long as 30 days to complete a firearms transaction. The agency is essentially violating its own law to perpetuate its anti-gun political philosophy needlessly delaying the ability of law-abiding Californians to exercise their rights.”
Duncan v. Becerra,
On Aug. 28 the office of the Attorney General filed a petition for an en banc hearing on this case. Chuck Michel, the lead attorney, posted on Facebook, “The Ninth Circuit has ordered us to file a response to the state’s request for en banc review. ON IT.” TheNinth Circuit Court held that the California law banning magazines capable of holding more than 10 rounds is unconstitutional. However, this does NOT mean any Californian can now start buying or selling magazine with a capacity over 10 rounds. CRPA has an extensive analysis of this decision. Additionally the California DOJ posted a notice saying the prohibition ”remains in place until the appellate process is final.” This case in addition to Rupp v. Becerra, which has been appealed to the Ninth Circuit, and Villaneuva v. Becerra, attacking the California DOJ’s regulations on “assault weapons” that was filed on September 7. 2017 are part of a three-prong attack on the California laws regarding bans on assault weapons and “large capacity” magazines that began early in 2017 by the CRPA and the NRA.
District of Columbia v. NRA Foundation:
The District of Columbia is suing both the NRA Foundation and the NRA for misuse of Foundation funds. DC Attorney General is alleging that the NRA Foundation has “exceeded of abused the authority conferred on it by law” and has “ceded operational control to the NRA.”
People of the State of New York v. National Rifle Association:
Attorney General Letitia James (D) has been threatening to go after the NRA and on August 6, 2020 she announced her lawsuit. Dave Workman’s article explains the election season attack.
State of Missouri v. Patricia McCloskey:
Kim Gardner, Prosecuting Attorney for St. Louis, is charging the McCloskey’s with felony unlawful use of a weapon for standing outside their home with legal guns defending themselves against a mob trespassing on their property. Two articles describing the encounter and lawsuit can be found here and here. We have since learned that Gardner is being scrutinized for failing to report travel paid for by the George Soros backed groups. The case has been continued to early October 2020.
Rupp v. Becerra:
Oral arguments before the United States Court of Appeals for the Ninth Circuit have been scheduled for Oct. 8. This case is an appeal from a 2019 decision of the United States District Court for the Central District of California that found that the California Assault Weapons ban was not unconstitutional. The plaintiffs are supported by the NRA, and the CRPA. This case argues against the California ban on so-called Assault weapons using the SCOTUS Heller v. DC decision of 2008.
Bradley v. Kelly:
The Second Amendment Foundation (SAF) and the Illinois State Rifle Association filed a lawsuit against the Illinois State Police (ISP) for not complying with state law that requires the ISP to either approve or deny an application for a FOID card. See the announcement by SAF..
Rhode v. Becerra:
Plaintiffs’ Attorneys have requested an extension to July 31, 2020 to prepare briefs in this case. The state of California in order to help in its arguments in this case is now using police raids on persons who have purchased ammunition, but didn’t pass the background check. Another article in California Political Review is entitled “California Ammunition Raids Put Innocent People at Risk of Police Violence.” The issue is the 2016 California law that was passed by voters as Proposition 63. US District Judge Roger Benitez declared that the ammunition background check requirement for purchases violates the Second Amendment and declared it unconstitutional. However, hours after that decision The U.S. Court of Appeals for the Ninth Circuit granted a temporary stay on the preliminary injunction by Judge Benitez. Thus all the restrictions on purchasing ammunition in California are in effect again. Further information on the original ruling can be found here.
