By Tanya Metaksa
What’s New— President Biden states he wants to repeal PLCAA; Connecticut: Pro-gun and anti-gun bills introduced; Florida: SB498/H259, restore the right of self-defense in churches introduced; Iowa: both houses pass SJ8, a “Second Amendment” constitutional amendment; Massachusetts: multiple anti-gun bills introduced;Mississippi: SB2107, under consideration; Missouri: HB52 and HB212 , two bills protecting self-defense before House General Laws Committee; Nebraska: Several pro-gun bills and a waiting period bill introduced; Montana: HB102, after passing in the House passes Senate committee: New Mexico: HB102, an anti-gun bill passes House Judiciary Committee; Rhode Island: SB73 introduced; Utah: HB60, a bill allowing permit-less concealed carry passes House and Senate committee; Virginia: HB2081; anti-gun groups back ban on open carry; subcommittee rejects pro-gun bills and passes anti-gun bills; Washington: Anti-gun bills, SB5078 and SB 5038 passed by Senate Committee.
Trump Executive Order
On Jan. 18, then-President Trump signed an “Executive Order on Protecting Law Enforcement Officers, Judges, Prosecutors, And Their Families.” Until President Biden signs an Executive order rescinding Trump’s the federal agencies that have law enforcement officers my submit to the president how they intend to ensure that law enforcement offices are NOT hindered by local and state laws.
Biden-Harris Administration
In a message broadcast by CNN right before his inauguration, President Joe Biden stated: “My first day in office, I’m going to send a bill to Congress repealing the liability protection for gun manufacturers, closing the background check loopholes and waiting period that now let too many people slip through the cracks.” Expect a bill to repeal the Protection Lawful Commerce in Arms Act (PLCAA) to be introduced soon.
Biden’s promise to launch a commission to “reform” the Supreme Court (SCOTUS) is underway. According to The Blaze one of the commission members is Caroline Fredrickson, an Obama Administration Justice Department deputy assistant attorney general who supports “ideal like court packing.”
Biden nominated U.S. Court of Appeals for the District of Columbia Judge Merrick Garland as his Attorney General. Garland, who was nominated in 2016 by President Obama to serve on the U.S. Supreme Court (SCOTUS) is a known anti-gun jurist. In 2007 he served on a panel that considered Parker v. District of Columbia. He voted to rehear the case—fortunately he was on the losing side. Prior to that in a 2000 case, NRA v. Reno, Garland was the deciding vote to uphold the Justice Department’s, under the leadership of Janet Reno, practice of not destroying NICS transfer records as required by federal law.
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Be prepared for an overactive and aggressive BATFE that is adversarial in both tone and substance under the Biden-Harris Administration.
U.S. Fish & Wildlife
According to the National Rifle Association (NRA) it has signed a Memorandum of Understanding (MOU) “to assist in the recruitment, education, and retaining of sportsmen and women through NRA’s vast hunter education and outreach programs.”
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, introduced H.R. 127, a sweeping bill mandating gun owner licensing, registration, psychological evaluation, insurance and training; 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,
2021 State Legislation
As of Feb. 1, all states with the exception of Alabama, Florida, Illinois, Kentucky, Louisiana, Nevada, Ohio and Oklahoma are in session.
Arkansas:
The Senate Judiciary Committee held a hearing on Jan. 13 on SB24, eliminating the duty for retreat and was passed in the Senate on Jan. 19 by a vote of 27-7. It has been referred to the House Committee on the Judiciary.
Colorado:
Although the Colorado Sun has reported that Colorado Democrats led by Rep. Tom Sullivan are pursuing gun control measures, to date no legislation has been listed on the legislative website.
Connecticut:
Both pro-gun and anti-gun bills have been introduced in 2021. HB5077, limiting emergency orders restricting firearms, and several bills limiting the local regulation of firearms: SB544, HB5384, HB5709, and HB5970. Anti-gun bills include HB5531, taxing ammunition, and SB125, one handgun per month
Florida:
A pro-gun bill, SB498, has been introduced by Senator Joe Gruters and six other Senators. The House companion is HB259. SB498 will be considered by the Senate Judiciary Committee on Monday, Feb. 1, 2021 and probably voted on Feb. 2. Although S.790.06 (12) does not prohibit licensed Right-to-Carry permittees, but there are other places in the statutes where language has been interpreted to prohibit carrying in religious institutions. This bill would fix that problem. Please contact the following Senators and ask them to vote “yes” on SB498.
brandes.jeff@flsenate.gov, baxley.dennis.web@flsenate.gov, boyd.jim.web@flsenate.gov, bradley.jennifer@flsenate.gov, broxson.doug@flsenate.gov, mayfield.debbie@flsenate.gov, rodrigues.ray.web@flsenate.gov,
Indiana:
HB1369, a constitutional carry bill, has been introduced.
Iowa:
SJR7, proposing a “Second Amendment” to the Iowa constitution, was quickly passed in both the House and the Senate. Paul Lathrop has an excellent article on the Iowa constitutional amendment that will need to be passed by the voters in the 2022 election.
Kansas:
TheHouse Committee on Federal and State Affairs will be considering HB2059, a bill that would allow all persons with out-of-state Right-to-Carry permits to carry lawfully in Kansas.
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.
Massachusetts:
Among many anti-gun bills introduced are HD135, requiring background check for private gun sales, and HD136, requiring liability insurance for gun ownership.
Mississippi:
Senate Judiciary Committee considered SB2107, enhancing the state’s preemption law to include state agencies as an entity that is prohibited from restricting Second Amendment rights.
Missouri:
HB52, allowing carrying of firearms for self-defense on public transport and in private vehicles, and HB212, allowing persons to keep their firearms and ammunition in their locked vehicle while on private property, will be heard by the House General Laws Committee on Feb. 1.
Montana:
The legislature began its session on January 4. It will be in session until the end of April. HB102, a constitutional carry bill, was passed by the Judiciary Committee on Jan. 11 and was passed by the House Jan. 14 by a vote of 66-31. It passed the Senate Judiciary Committee 6-5.
Nebraska:
LB115, creating a waiting period for handgun purchases and increasing permit fees, has been introduced. Many pro-gun bills have been introduced and we will follow them as they process through Committees. The most important is LB300, that clarifies the current Castle Doctrine law and extends it to one’s vehicle.
New Mexico:
The House Judiciary Committee voted 8-2 in favor of HB102, appropriating $10 million from taxpayer dollars to a Violence Intervention Fund. These dollars are to go to municipalities and tribal governments for programs that focus on reducing “gun violence and aggravated assault.” This would give anti-gun groups and communities a fund to spread their agenda.
Oregon:
The legislature convened and many anti-gun bills have been filed. A summary of some of the bills can be found here.
Rhode Island:
SB73, a bill to prohibit Right-to-Carry permittees from carrying at a school. The bill is sponsored by Senate President Dominick Ruggerio so it should be taken very seriously.
Texas:
The legislature convened on January 12 with a record number of profiled anti-gun bills. All Texans should contact their state legislators and urge them to vote against anti-gun bills.
Utah:
HB60, a bill allowing permit-less concealed carry, has passed the House of Representatives by a vote of 54-19-2 on January 26. It also passed the Senate Natural Resources, Agriculture and Environment Standing Committee.
Vermont:
A liberal Democrat Phil Baruth who biannually introduces anti-gun bills and is Vice-Chair of the Senate Judiciary Committee, has introduced 2 new bills this year. They are S4, a 48-hour waiting period for firearms transfers and S30, “banning firearms possession at certain places-childcare facilities, hospitals and certain public buildings.”
Virginia:
TheFirearms Subcommittee of the House Public Safety Committee defeated HB2310, allowing those who completed online instruction prior to the Jan. 1 ban to be able to apple for a Right-to-Carry permit through April 30, HB1773, constitutional carry, and HB1793, exempting Right-to-Carry permittees to be exempt from gun restrictive ordinances and the three anti-gun bills were quickly passed by the House of Delegates. They now go to the Senate. Those bills are HB2128, firearms transfer will have a 5-day waiting period, HB2276, prohibits the manufacture of firearms for personal use, and HB2295, bans firearms from Capitol Square and adjacent parking structures. HB2081, banning firearms at polling places, has passed the House Committee on Privileges and Elections.
Blacksburg, VA:
The town council unanimously approved a ban on guns on town-owned property on Jan. 12.
Washington:
The Senate Law and Justice Committee passed SB5078, legislation banning so-called “high capacity” magazines holding more than 10 rounds, and SB5038, making open carry a crime for anyone attending a “demonstration”, and are now before the Senate Rules Committee. HB1164, has not yet been considered by the Senate Law and Justice Committee. These bills have been introduced in past years and Dave Workman has an excellent article concerning problems with these bills.
Wyoming:
SF67, was filed on Jan. 19 that would allow citizens to carry guns into government meetings and schools, colleges and universities. The legislature will reconvene by Zoom on January 27, while committees are meeting remotely to consider bills.
Deadlines to introduce bills have passed in the following states: Alabama-Jan. 27; N. Dakota-Jan. 25; Utah-Jan. 29 and Vermont-Jan. 29
Judicial
We will be adding or following again those cases that have new challenges or decisions. 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.
Maryland Shall Issue, Inc. v. Hogan:
The plaintiffs have asked US District court for the District of Maryland to declare the handgun qualification license law unconstitutional. Even the expert witness for the state of Maryland said that the purpose of this law was to “intimidate” citizens from exercising their rights.
