By Tanya Metaksa
What’s New—2020 Elections: In a week it will be President Biden and Vice-President Harris. In the Georgia runoff elections both anti-gun candidates—Jon Ossoff and Raphael Warnock won. State legislation: Several state legislatures are already at work and more will convene during the coming months.
2020 Elections
Election 2020: The Congress sanctioned the 2020 Presidential election in the early hours of January 7. As I wrote in November “the balance on future gun laws will rest on what happens in Georgia between now and January 5, 2021. “The two anti-gun candidates, Jon Ossoff and Raphael Warnock, won and we are going to be attacked legislatively in the U.S. Congress.
Biden-Harris Administration
If anyone had any doubts, this statement published Jan. 8 on the Biden-Harris Transition website, “As President, I pledge to continue to work together with Congresswoman Giffords, and with survivors, families, and advocates across the country, to defeat the NRA and end the epidemic of gun violence in America, tells every gun owner what to expect. Although there are many active national, state and local gun groups the singling of the NRA= all “gun owners.”
Bureau of Alcohol, Tobacco, Firearms and Explosives
Be prepared for an active and aggressive BATFE agency that is adversarial in both tone and substance under the Biden-Harris Administration.
2021 Gun Bills in the U.S. Congress
H.R. 38, the Concealed Carry Reciprocity Act, was introduced again by Rep. Richard Hudson (R-NC). This bill allows travelers to possess and receive a firearm under federal law if they have a government issued ID card and have a Right-to-Carry permit or reside in a state that allows lawful concealed carry. H.R. 95, remove silencers from definition of firearms.
Anti-Gun bills: Sheila Jackson Lee (D-TX) , a member of the Judiciary Committee has at least three bills: H.R. 130, registration of firearms and ammunition owners and storage requirements; H.R. 121, hire 200 more BATFE agents; and H.R. 125, 7-day waiting period before transfer of semiautomatic firearm, silencer or auto piercing ammunition. H.R. 167, Al Green (D-TX), prohibit transfer of firearm at gun show except for an FFL,
2020 State Legislation
Ohio:
In the closing days of the 2020 legislature SB175 was amended by including the language of SB383/HB796, that strengthened Ohio’s self-defense laws to allow citizens to defend themselves while in any place that they are allowed to be. Previously self-defense was limited to houses and vehicles. As expected anti-gun groups were very vocal in asking Gov. Mike DeWine to veto the bill. Thankfully DeWine signed it on January 4, 2021.
2021 State Legislation
All state legislatures are in session in 2021.
Many state legislatures allow the prefiling of bill before they actually begin their sessions.
Arkansas:
SB24, eliminating the duty to retreat, was introduced on December 23 and will be before the Senate Judiciary Committee. A companion bill will be sponsored by Rep. Aaron Pilkington.
Indiana:
The legislature began it session this week and HB1369, a constitutional carry bill, has been introduced.
Maryland:
The legislature began it session this week and already HB175, requiring ammunition sellers to conduct a federal NICS background check, has been introduced and been assigned to the House Judiciary Committee.
Montana:
The legislature began its session on January 4. It will be in session until the end of April. HB102, a constitutional carry bill, has been introduced, had a hearing before the Judiciary Committee on January 4 and more sponsors are being added daily.
Utah:
The Utah legislature will convene on January 19, but HB60, a constitutional carry bill, has been introduced.
Virginia:
The legislature will convene on January 13, but an anti-gun group, Coalition to Stop Gun Violence, say they are planning to expand gun free zones into polling places and Capitol Square in Richmond. VCDL, the Virginia pro-gun group is planned a lobby day for January 18, 2021. Information about this event can be found here.
Judicial
These are cases that we have been following during 2020. New cases are added as they develop and some of these cases will be removed from this report if there is inactivity for a period of time. We will try and follow those cases that are active and impact the most gun owners.
State of California, et al. v. BATFE, et al: This case follows along the same lines as the BATFE’s local field offices attempt to place the Honey Badger pistol within the definition of the National Firearms Act. The state of California and Giffords Law Center seeking an order that BATFE “conduct affirmative rulemaking regarding 80 percent receivers and frames in accordance with the GCA.” The plaintiffs are unhappy with BATFE classifying Polymer 80 and other 80 percent receivers and frames as not “firearms,” and want BATFE to change what is considered a “firearm” to include such items. On Nov. 24, 2020 Firearms Policy Coalition (FPC), Mountain States Legal Foundation (MSLF) and 80% Arms filed a motion to intervene on this case on behalf of their members.
Fetsurka v. Outlaw: This lawsuit is a challenge to Philadelphia & Pennsylvania’s unconstitutional handgun carry laws and policies. On Nov. 23, 2020 the plaintiffs made a motion for a temporary restraining order and preliminary injunction against the city of Philadelphia that completely closed their Gun Permit Unit due to COVID-19 for the second time this year. A video conference to discuss this motion is scheduled for December 8.
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.
