By Tanya Metaksa
What’s New—Federal: HR8 and HR1446 pass in the House of Representatives and may be viable in the Senate: Biden-Harris Administration: Haaland nomination moves to full Senate; anti-gun Merrick Garland becomes Attorney General; Alabama: SB308 to create lifetime Right-to-Carry perrnit but with $200 fee passes Senate Judiciary Committee; Colorado: HB1106, mandatory storage bill passed House; Florida: SB498 passes second Senate Committee; Hawaii: Two more anti-gun bills, SB301 & SB307, passed the Senate; Indiana: HB1369, a constitutional carry bill is before the Senate Judiciary Committee; Maine: LD1033, Sunday hunting bill; Missouri: HB52 passes the House; Montana: HB504, a Second Amendment protection act, before Senate Judiciary Committee; Nevada: AB42, expands lifetime firearm prohibition criteria; New Hampshire: SB141 passes Senate Judiciary Committee; New Jersey: hearing scheduled for S568; New York: A581, mandatory liability insurance for permittees; New Mexico: Adjournment scheduled on March 20, 2021, gun bills likely will not pass; North Carolina: House passes HB134; Ohio: HB89 passes committee; South Carolina: H3096, a constitutional carry bill, is scheduled for a hearing; South Dakota: HB1212, passes the legislature; Tennessee: HB786 advances in House Criminal Justice Committee; Vermont: Senate Judiciary Committee cleared H133, and S30; Washington: 2 bills failed to meet a deadline for passage: SB5078 and HB1283; Wyoming: Two pro-gun bills advance; Judicial: New York State Rifle & Pistol Association, Inc. v. Bruen: awaiting a US Supreme Court decision whether to consider this case on March 26; Chambers v. City of Boulder: Colorado District judge rules Boulder “assault weapons ban” ordinance preempted by state law.
Biden-Harris Administration
Biden Executive Orders: According to NSSF and Politico Biden is planning executive actions against guns and gun owners. Politico states, “A White House official said that Biden is considering “every tool at our disposal, including executive actions” and is looking at investing in community violence programs, requiring background checks, banning assault weapons and high-capacity magazines and repealing gun manufacturers’ immunity from liability.
Cabinet Nominations: Biden’s nominee for Attorney General, anti-gun Merrick Garland, is confirmed by the US Senate by a 70-30 vote. The Republicans, unlike the Democrats during the Trump presidency, did not vote in a unified manner. Biden’s nominee for Secretary of the Interior, Rep. Deb Haaland, has been cleared by the Senate Energy and Natural Resources Committee, chaired by Senator Manchin on an 11-9 vote.
Bureau of Alcohol, Tobacco, Firearms and Explosives
Be prepared for an overactive 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
The House of Representatives voted on gun control legislation using two bills: HR8, a “universal background check” bill and HR1446, a bill that would allow the FBI “NICS” check to be delayed indefinitely without “proof” that the buyer is not eligible to purchase. The votes were 227-203 for HR8 and 219-210 for HR1446. According to John Lott’s Crime Prevention Research Center gun control may become viable in the Senate as Senator Joe Manchin’s position of supporting the filibuster “maybe open to filibuster reforms.”
Dianne Feinstein has put out a 125 page “assault weapons” ban, but it doesn’t have a number yet.
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.
2021 State Legislation
All state legislatures are in session in 2021. Florida started its session on March 2, Louisiana begins on April 12. Utah and Virginia have already adjourned sine die.
Alabama: After HB477, creating a lifetime Right-to-Carry permit passed House Public Safety and Homeland Security Committee, with an amendment raising the cost from $200 to $500 at the request of the Sheriffs, SB308 reducing the fees to $200 has passed the Senate Judiciary Committee in response. Two constitutional carry bills, SB5 and HB405 have not been granted votes in committees. NRA-ILA has 2 Take Action webpages: Senate and House. If you live in Alabama take the time to contact your State Senator and State Representative.
Arizona: The House passedHB2840, allowing storing of loaded firearms on school grounds in locked vehicle, and HB2551, allowing Right-to-Carry permittees to carry weapons at certain establishments and events. HB2827, prohibiting financial institutions from discriminating against firearms businesses, has been “retained on calendar” meaning it will not move forward.
Arkansas: SB24, eliminating the duty fo retreat, was signed by Governor Asa Hutchinson.
California: More anti-gun bills were introduced before Feb 19th the bill filing deadline: AB1223, adds a $25 tax to each firearm sold. A bill to ban bear hunting, SB264, was introduced and has been withdrawn. Two bills that are aimed at gun shows have been introduced: AB311, prohibiting the display or sale of precursor parts, and SB264, banning gun show on state-owned property.
Colorado: House State, Civic, Military & Veterans Affairs Committee scheduled a hearing March 15 for the following bills: HB1038, allowing Right-to-Carry permittees to carry on school grounds; HB1070, repealing ban on magazine capacity, and HB1082, allowing Right-to-Carry permits to be used as background checks. The mandatory firearms safe storage bill, HB1106, passed the House 40-25. SB78, a bill to fine gun owners that do not promptly report a lost or stolen firearm, passed the Senate Judiciary Committee and is awaiting full Senate action. Additionally, three pro-gun bills have been introduced: HB1038, allowing those with Right-to-Carry permits carry handguns on school grounds; HB1070, repeals ban on magazines holding more than 10 rounds, and HB1082, allows Right-to-Carry permittees to use their permit to avoid a background check, but none of them are scheduled for a hearing.
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 to restore the private property rights of religious institutions, SB498, has been introduced by Senator Joe Gruters and six other Senators. The House companion is HB259. SB498 was voted on in the Senate Judiciary Committee and passed by a party-line vote 7-4. Passed the Criminal Justice Committee 5-3 on March 9.
Georgia: HB218, granting recognition to non-Georgia Right-to-Carry permittees as well as stopping government officials from suspending or restricting Second Amendment rights during declared states of emergency, has passed the House.
Hawaii: The Senate passed SB307, banning firearms that fire fifty caliber or higher, and SB301, banning so-called “assault rifles” and “assault shotguns”. The House passed HB1366, banning the manufacture or possession of firearms or parts for “ghost” guns, and HB31, a mandatory safe storage bill.
Illinois: Bills filed to require firearms legislation and increase costs for a FOID.
Indiana: HB1369, a constitutional carry bill, passed the House and is now before the Senate Judiciary Committee.
Iowa: Two constitutional carry bills were passed in their respective committees in both the House and Senate: HB254 and SSB1232. SB64, an overreaching school safety measure, is before the Senate Committee on Education and Career Development. 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 passed HB2058, a bill that would allow all persons with out-of-state Right-to-Carry permits to carry lawfully in Kansas.
Kentucky: HB175, preventing banks from discriminating against firearms businesses, passed House Judiciary Committee;
Maine: LD1033, creating Sunday hunting for Maine sportsmen on private land with landowner permission has been introduced.
Maryland: HB4, a bill banning the sale or transfer of long guns between private individuals without government permission, was vetoed by Gov. Larry Hogan.Both the House and the Senate have voted to override the veto so it becomes law in 30 days.SB309, allowing a Right-to-Carry applicant to get a preliminary approval prior to obtaining required training, has passed the Senate unanimously. It now goes to the House Judiciary Committee. 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–failure to carry the insurance would result in a fine of $500 to $5,000, up to a year in prison, or both.
Mississippi: The Senate passed SB2107 35-16, enhancing the state’s preemption law to include state agencies as an entity that is prohibited from restricting Second Amendment rights.
Missouri: HB1068, designating firearms businesses as essential, introduced by House Speaker Pro-Tem John Wiemann. HB52, allowing carrying of firearms for self-defense on public transport and in private vehicles, passed the House 124-52. HB212, allowing persons to keep their firearms and ammunition in their locked vehicle while on private property, has passed both the House General Laws Committee and sent to the Legislative Oversight Committee and now goes to the full House.
Newton County: Second Amendment Preservation Act of Newton County, Missouri: The Newton County Commission voted to pass this act that says any infringement on the Second Amendment by law, presidential edict, or any other means shall be considered null and void in the county.
Montana: HB504, a bill to protect Second Amendment businesses as well a citizens Second Amendment rights, passed the House and is scheduled for the Senate Judiciary Committee on March 16. HB102, a constitutional carry bill, was signed by Gov. Greg Gianforte. “Our Second Amendment is very clear: The right of the people to keep and bear arms shall not be infringed,” Gianforte said at a bill signing ceremony Thursday afternoon. “Every law-abiding Montanan should be able to defend themselves and their loved ones.”
Nebraska: LB115, creating a waiting period for handgun purchases and increasing permit fees, had a hearing on Feb. 24. LB300, that clarifies the current Castle Doctrine law and extends it to one’s vehicle, was heard March 3 before the Judiciary Committee.
Nevada: AB42, a bill that expands the list of 2nd Amendment prohibited persons is before the Assembly Judiciary Committee.
New Hampshire: The Senate Judiciary Committee passed SB141, making the handgun purchase the equivalent of the current long gun purchase requirement.
New Jersey: S568, a bill to require law enforcement officials to be notified if a citizen applies to the court for expungement of mental health records, was scheduled before the Senate Law & Public Safety Committee March 11.
New Mexico: The New Mexico legislature is scheduled to adjourn on March 20, 2021. As a result, most of the gun control bills including HB193 may not be passed within the allotted time. The Senate Health & Public Affairs Committee advanced SB224, mandatory gun storage, it now goes to Senate Judiciary Committee.The House Judiciary Committee held a virtual committee meeting on HB193, adding more powers to police officers to enforce red flag laws, and HB166, make manufacturing a firearm a felony offense. HB279, preventing future executive orders or Health Dept. orders to shut down firearms business, was defeated on a party-line vote. The Committee did pass HB306, that set time limits to law enforcement’s ability to delay the issuance of Right-to-Carry permits. 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.
New York: Have you heard of A581? Probably not yet, but it may be the harbinger of gun legislation in the coming months. A581 makes it mandatory for any gun owner that has or wants a Right-to-Carry permit to have purchased liability insurance coverage first. In 2019 NY Attorney General Letitia James made it illegal for online retailers to sell unfinished receivers in New York State. Now S13 and S14, that make it a felony for anyone to sell, transfer or exchange incomplete receivers. Is it any wonder that since Andrew Cuomo became Governor 1.5 million people have left the state?
North Carolina: House passes HB134 on a 72-44 vote. HB134, is the companion bill to SB43. By a vote of 31-18 The Senate passed SB43, allowing citizens with Right-to-Carry permits to carry in a place of worship. A similar bill was passed by the legislature in 2020 but vetoed by Gov. Cooper. A veto override failed. This year the vote totals may be enough to override any veto.
Ohio: HB89, the Duty to Notify bill, is passed by the House State and Government Committee 9-5. According to its sponsor, Scott Wiggam, the current law is unclear and the penalties for failure to notify law enforcement that a person is carrying a gun are excessive. This bill passed the House in 2020, but was not considered in the Senate.
Oklahoma: A large number of pro-gun bills are awaiting consideration by legislative committees, the deadline for passage through the originating house committee is Feb. 25.
Oregon: HB2510, mandatory storage requirements, will be before the House Committee on Healthcare on March 11. SB534, allowing local governments to pass “gun free” legislation, and SB554, creating more gun free zones, were before the Senate Judiciary Committee for a hearing on Feb. 22. Although the hearing was virtual, it was very well attended. SB534 also doubles Right-to-Carry fees.
Pennsylvania: Introduced and sent toHouse Judiciary Committee. HB361, a bill to undo the firearms pre-emption statute, HB364, destroying confiscated firearms; and HB393, state firearms dealer licensing.
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.
South Carolina: H3096, a constitutional carry bill, is before a subcommittee of the House Judiciary Committee. HB3094, allowing the open carry of handguns passed General Laws Subcommittee of the House Judiciary Committee and is scheduled for a full Judiciary Committee hearing on Feb. 23.
South Dakota: Gov. Noem is supporting the passage of HB1212, an enhanced stand your ground law, that passed the Senate on March 8, 21-14. SB100 prohibits the elimination of Second Amendment rights during a State of Emergency and SB111reduces fees for some Right-to-Carry permits on Feb. 16 have been passed by the legislature.
Tennessee: House Criminal Justice Committee votes in favor of HB786, a constitutional carry bill.
Texas: Four permitless carry bills introduced: HB1238, HB1927, HB1587 and SB540; HB2249/SB18, specifying that firearms businesses are essential businesses during a declared disaster or state of emergency have been introduced and Lt. Gov. Dan Patrick, who is the de facto leader of the State Senate has made this bill a priority. While in the House Speaker Dade Phelan has also prioritized the bill.
Utah: The legislature has adjourned. HB60, constitutional carry, was signed by Governor Spencer Cox. HB216, improves Right-to-Carry laws, and HB227, improves self-defense laws were passed by the legislature and now go to Gov. Cox.
Vermont: House Judiciary Committee passed H133, requiring forfeiture of firearms when a temporary restraining order is issued. S30, prohibiting firearms in certain public buildings, hospitals and day care centers passed the Senate Judiciary Committee.
Virginia: The legislature has adjourned. 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, 2021, was passed. However, the legislature also passed three anti-gun bills: HB2081, banning firearms at polling places, HB2128, firearms transfer will have a 5-day waiting period, and HB2295, bans firearms from Capitol Square and adjacent parking structures. 2021 is an election year for in Virginia–the following offices will be elected: Governor, Lt. Gov., Attorney General, State Executive offices, State House, and local elections.
Washington: SB5038, making open carry a crime for anyone attending a “demonstration”, passed the Senate 28-20. The following bills did not pass before the official deadline for bills to pass their originating house: HB1283, making open carry a felony offense, has been amended to create a felony only under certain vague events, and SB5078, legislation that originally banned so-called “high capacity” magazines holding more than 17 rounds. These bills have been introduced in past years and Dave Workman has an excellent article concerning problems with these bills.
West Virginia: SB246, allowing campus carrying, is awaiting a hearing in the Senate Judiciary Committee.
Wyoming: Senate Judiciary Committee passed SF67, allowing citizens to carry guns into government meetings and schools, colleges and universities. SF155, Emergency powers legislation preventing citizens’ Second Amendment rights being prohibited during a state of emergency, passed the Senate 28-2. HF116, expanding constitutional carry to non-residents, passed the House Judiciary Committee 8-1.
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.
Chambers v. City of Boulder: District judge in Colorado rules that the city of Boulder exceeded its authority when it passed a ban on “assault weapons” and ten-round magazines.
New York State Rifle & Pistol Association, Inc. v. Bruen: challenges New York requirement that Right-to-Carry applicants demonstrate “proper cause” when they want to legally carry a firearm outside the home. The petition to SCOTUS was initiated on December 17, 2020 and has the support of 23 state Attorney Generals. NY state responded to the petition on Feb. 22, 2021 and now the NY State Rifle & Pistol Assn, and the NRA have responded to the NY AG. This case has been distributed for conference on March 26, 2021 where SCOTUS will make a decision whether to take the case based on a split between the lower courts.
Luce v. Kelly: A challenge to the Illinois state police who have beenindefinitely denying state residents their right to carry by failing to process Right-to-Carry licenses.
Martinez v. Villanueva: A challenge to COVID-19 restrictions being promoted by a several parties including the Second Amendment Foundation and the NRA. The opening brief was filed on March 5, 2021.
Duncan v. Becerra: The Ninth Circuit Court has agreed to hold an en banc hearing on the 2020 ruling that banning magazines of more than 10 rounds was unconstitutional. The virtual en bans hearing will take place during the week of March 22.
Abott v. Conners: This case is another 10-round magazine ban case. The Court has stayed activity on this case pending the Duncan v. Becerra case outcome of the en banc hearing.
State v. Misch: The Vermont State Supreme Court upheld magazine bans by ruling that regulating magazine capacity was “a reasonable regulation of the right to keep and bear arms for self-defense.”
Stafford v. Baker: A lawsuit was filed when Wake County North Carolina Sheriff Gerald M. Baker put a halt to receiving and processing applications for Right-to-Carry permits and pistol purchases at the beginning of the pandemic in March 2020. The Sheriff tried to have the case dismissed. Judge Louise Flannagan of the Eastern District of NC ordered that ““plaintiffs’ claims for nominal damages under 42 U.S.C. § 1983 … and associated claims for declaratory relief and attorney’s fees” may proceed.
Caniglia v. Strom: This case is set for arguments on March 24, 2021. A 4th Amendment case before the US Supreme Court (SCOTUS) that deals with the issue of firearms being seized by the police without a warrant. This case results from a domestic dispute where the wife called the police on her husband because he put a gun on the table and told her “shoot me now and get it over with.” After the husband was taken to the hospital the wife allowed the police to search the house for other gun without a warrant. The lower courts usually rule in favor of the police, but this case might be different.
T. Dozier, The League of Women Voters of Florida, Inc., et al., v. Duval County (FL) School Board: After the legislature passed a school safety bill in 2018 that included armed “guardians” to be on school campuses, several students and the League of Women Voters of Florida challenged the new law in Duval County. Their argument was that current Florida law does not allow non-police to have guns on campus. The Duval County Circuit Court ruled against the plaintiffs, who then took it to the appeals court. A three judge panel wrote an 11-page opinion that stated “a ‘fair reading’ of all the relevant statutes in tandem evinces a legislative purpose in favor of allowing school guardians to have firearms on campus.”
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.
Bennett, et al v. Davis, et al: This case was filed in November 2020 by individuals, the Firearms Policy Coalition, the Second Amendment Foundation and the New Jersey Second Amendment Society against local and state police officials challenging the State of New Jersey’s regulatory scheme that does not allow residents to “exercise their constitutional right to bear arms—both inside and outside of their homes.” This case was filed in the US District Court District of New Jersey.
