By Tanya Metaksa
What’s New—2020 Elections: President Trump says it is not over yet! BATFE leadership working with Biden and says its top priorities is banning “pistol braces and 80% lower receivers”; Judicial: Call et all v. Jones et al:federal challenge to Maryland’s draconian handgun carry restrictions; Defense Distributed and Second Amendment Foundation, Inc. v. Gurbir Grewal, NJ Attorney General, et all: Second lawsuit regarding publishing plans for 3-D printing of firearms.
2020 Elections
Election 2020: Although former Vice-President Biden has declared victory, President Trump has not conceded and is taking the election to court in a state-by-state effort.
Georgia: There are two runoff U.S. Senate races in Georgia, and the election is scheduled Jan. 5. Their outcome will determine which party is in charge of the U.S. Senate—a very consequential outcome for gun owners. See my article entitled “Georgia on my Mind.”
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.
Bureau of Alcohol, Tobacco, Firearms and Explosives
On November 6, 2020 Associated Press (AP) had a story headlined “Be Prepared: Biden Transition Team … The gist of the story was “longtime Biden aide Ted Kaufman is leading efforts to ensure the former vice president can begin building out a government in anticipation of a victory.” On November 10, 2020 Ammoland headlined a story about BATFE with “Unaccountable ATF Heads Colluding With Biden Transition Team to Ban Pistol Braces.” It seems that acting director Regina Lombardo told people in a leaked conference call that ATF has already begun working with the Biden transition team and has made her “top priorities” pistol braces and 80% lower receivers. As we have written in the case of Honey Badger Firearm Stephen Gutowski of the Washington Free Beacon, who broke the story, wrote, “The Bureau of Alcohol, Tobacco, Firearms, and Explosives has delayed a local field office’s attempt to resurrect an Obama-era rule that threatens to turn millions of legal gun owners into criminals.” Adam Kraut of the Firearms Policy Coalition sent a letter to President Trump asking Trump and Attorney General Barr to look into “rogue elements of the” BATFE. However, the Acting Director and her deputy do not seem like “rogue agents.” There is a long history of BATFE going after 80% lower receivers and the companies that manufacture them. BATFE (or any government entity) does not like any manufacturing of firearms to be private.
State Legislation
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.
New Jersey:
Although Gov. Phil Murphy does not have the statutory authority he announced that 2020 will be last year of annual black bear hunting season. The new state budget that was signed by Gov. Phil Murphy 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 modified 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 March 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. The three Sundays designated for hunting 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.
Judicial
Call et all v. Jones et al:
Second Amendment Foundation (SAF), Firearms Policy Coalition (FPC), Maryland Shall Issue, Inc and Citizens Committee for the Right to Keep and Bear Arms filed a lawsuit against Maryland’s prohibitive carry regulations in federal court.
Defense Distributed and Second Amendment Foundation, Inc. v. Gurbir Grewal, NJ Attorney General, et all:
This case had its beginning seven years ago. When Cody Wilson in Texas created a fully functional 3-D printed handgun in .380-caliber, took it to a range and found that it worked safely. He then uploaded the story about his firearms as well as the instructions for creating this gun to his website, Defcad.com. Since then there have been lawsuits instigated by both pro and anti-Second Amendment plaintiffs.For a history of this issue see my article entitled, No First Amendment Rights for Second Amendment Supporters.
Lara v. Evanchick:
The Firearms Policy Foundation (FPF) and the Second Amendment Foundation (SAF) have initiated a case challenging Pennsylvania law that denies young adults under 21 freedom to carry a loaded firearm for self-defense outside their home.
Jones v. Becerra:
This case is similar to Lara v. Evanchick in that it challenges the California ban on firearm purchase by young adults under the age of 21.
Damien Guedes, et al v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al:
As a result of the DOJ rule concerning “bump” stocks a lawsuit has been filed by bump stock owner Damien Guedes and Firearms Policy Coalition, Firearms Policy Foundation and the Madison Society Foundation to seek a preliminary injunction to stop the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enacting the ruling that classifies bump stocks as machine guns. This entire case has been argued by cross filing motions without any in-person oral argument. On October 14, 2020 a PER CURIAM ORDER was filed stating that the court will dispose of the appeal without oral argument on the basis of the record and presentations in the briefs. Before Judges: Henderson, Rogers and Ginsburg.
Campos v. Becerra—
On October 5, 2020 the defendants have responded to the plaintiffs’ complaint on 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.”
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.
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.
Rupp v. Becerra:
Oral arguments before the United States Court of Appeals for the Ninth Circuit have been scheduled for October 8, 2020. 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.
