By Tanya Metaksa
What’s New— BATFE: Rule on firearms storage for FFLs was to have been finalized Feb. 3; possible Forced Reset Triggers activity; Alabama: SB1 passed the Senate Judiciary Committee 7-4; Alaska: SB136/HB179 are being considered in committees; Arizona: SB1123, allowing campus carrying, was passed by the Senate Judiciary Committee; The Senate voted 29-0 to pass SB1177 on Monday; HB2316 and HB2414 were passed in committee and HB2489 is being considered on Feb. 7; California: AB311 passed in the Assembly, while AB1223, a new excise tax bill, can no longer be considered; AB906, Requiring parents to tell schools whether there is a gun in the home, has been introduced; AB1769, prohibiting gun shows in Ventura County has been introduced; San Jose: ordinance to tax gun owners and require liability insurance was passed on Jan. 25 with a second and final vote on Feb.8; San Diego County: Supervisors voted 3-2 require safe gun storage and prohibit “ghost guns”; Colorado: anti-hunting bill fails in committee; Florida: HB103, constitutional carry, has been introduced and Gov. DeSantis has publicly said he would sign it, but the Senate President is against it; Georgia: HB218, a carry-over bill that grants recognition to Right-to-Carry permits from out-of-state, is on the move while SB319, constitutional carry, passed the Senate Judiciary Committee last week; Hawaii: SB3043 before the Senate Committee on Public Safety, Intergovernmental and Military Affairs; Indiana: HB1077, a constitutional carry bill that passed the House 65-31, is awaiting action in the Senate Judiciary Committee; Maryland: Queen Anne County proposing restricting shooting ranges; New York: S1192B/A-7246B, requiring persons possessing any firearm to hold a firearms safety certificate, was passed by Senate Codes Committee 9-4; New Mexico: On Wednesday the House Consumer & Public Affairs Committee voted to table HB156, a proposed ban on firearm magazines that hold more than 15 rounds, and they reported out HB9, penalizing adults who allow unlawful firearm access to a minor, without a recommendation; Oregon: session has started and SB1577, an anti-gun bill, has been introduced; Pennsylvania: Governor Wolf lost no time in vetoing HB979HB979, a bill to allow citizens to sue municipalities that pass ordinances violating PA preemption statute; Utah: SB115, 1st Substitute, the Senate passed the legislation; Virginia: HB827, allowing lawful firearms carry has passed the House; SB310 recommended by Senate Judiciary subcommittee; Washington: HB1244, a bill to repeal the ban on “spring blade” knives, was given a “do pass” recommendation in the House Committee; Three bills have passed committee votes and remaining bills still very much alive; West Virginia: HB4038 passed the House; Wisconsin: Four pro-gun bills passed the Assembly; Judicial: VA Attorney General Miyares reverses position in NY State Rifle & Pistol Assn. case, but his letter is not accepted by SCOTUS; Two cases cases being considered for 2022-2023 docket: Dominic Bianchi et al. v. Brian E. Frosh et al. response requested due Feb. 14–25 state Attorney Generals have filed a petition for a writ of certiorari; and Aposhian v. Garland, which was distributed for conference of 1/21/2022 has been rescheduled.
Biden-Harris Administration
BATFE: Published in the Federal Register a rule defining an “Antique Firearm” and codifying secure Gun Storage requirements of the 1999 Omnibus Appropriations Act. Rule to be finalized February 3, 2022. Forced Reset Triggers: Firearms Policy Coalition (FPC) alleges that there is an internal email regarding “forced reset triggers—specifically referring to “Rare Breed and Wide-Open Triggers (FRT Trigger).” They offer good advice if contacted about this issue by BATFE.
2021 Congressional Activity
Senate attempt to change filibuster rule fails by 2 votes. Democrat Senators Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ) vote no.
H.R. 1620, Violence Against Women Act, includes anti-gun provisions that were highlighted by Sen. Steve Daines (R-MT) at the hearing on Dec. 8. Senate activity: On Dec. 2 anti-gun Senator Chris Murphy (C-CT) tried to pass H.R. 8 that passed the House early in 2021. His attempt was foiled when Senator Chuck Grassley (R-IA) objected to Murphy’s “unanimous consent” request and then offered S. 1775, which would increase prosecutions and penalties for those that violate current gun laws. As expected Sen. Murphy objected and neither bill was considered.
Congressional letter to BATFE: 51 Republicans signed a letter to BATFE that expressed their fear that a proposed rule could violate the law that states the federal government may not create a federal gun registry. Rep. Michael Cloud’s letter can be found here.
The Outdoor Recreation Act, S.3266, introduced by U.S. Senate Energy and Natural Resources Committee Chairman Joe Manchin (D-W.V.) and Ranking Member John Barrasso (R-Wyo.) on Dec. 2. Information on this bipartisan outdoor recreation bill can be found here.
H.R. 5376, President Biden’s Build Back Better Act that was passed by the U.S. House of Representatives on Friday includes Billions of dollars that are earmarked for “Community Violence” gun control. In fiscal year 2022 these programs would get $150,000,000 and would increase each year until it reached $500,000,000 in fiscal year 2025, 2026, and 2027. At the moment the bill’s fate is very uncertain. Contact your Representative and U.S. Senators.
Discretionary spending for FY2022: The Biden Administration is asking Congress to increase spending for combatting “the Gun Violence Public Health Epidemic.” Part of these funds will be given to the states and localities to “improve background check systems” and “incentivize State adoption of gun licensing laws.” Firearms Policy
Coalition has a website dedicated to stopping this bill.
The House of Representatives passed 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.
2022 Politics
Many pundits are predicting a red wave in the 2022 Congressional elections. At the moment the U.S. Senate is split 50-50 and the Democrats have only a six-member majority in the House of Representatives. Every race where there is a possibility for change will be highly contested.This column will cover such races as events unfold.
California: The second recall of Los Angeles District Attorney George Gascon has started. 160 days to gather 570,000 signatures. DA George Gascon is a George Soros supported DA who fails to punish law breakers.
Massachusetts: NSSF’s Larry Keane tweeted “RT Massachusetts Democratic Attorney General Candidate Supports repealing the Second Amendment.” The AG candidate isShannon Liss-Riordan.
State Legislatures
The following states do NOT have a legislative session scheduled in 2022: Montana, Nevada, North Dakota and Texas
Alabama: Two constitutional carry bills have been introduced; HB6/SB1 and HB272. Although the Alabama Sheriffs Association is actively lobbying against these bills it is hoped that one will make it out of theSenate Judiciary Committee.
Alaska: SB136/HB179, preventing the prohibition, regulation, or seizure of citizens’ Second Amendment rights during a declared State of Emergency, are being considered in committees
Arizona: The Senate voted 29-0 to pass SB1177, mandating the sending of renewal notices for Right-to-Carry permits on Monday. Two bills, HB2316, expanding areas where Right-to-Carry permittees can lawfully carry, and HB2414, allowing law-abiding citizens to store firearms in locked vehicles on school grounds, were passed in committee. HB2489, creating a provisional carry permit for adults aged 18-20 is scheduled for the Military Affairs and Public Safety Committee on Feb. 7. On Jan. 20 SB1123, allowing campus carrying, was passed by the Senate Judiciary Committee; HB2166, exempting firearms and firearms safety equipment from sales taxes is before the House Ways & Means Committee; . The Arizona Game and Fish Department accepts public comments on proposed hunting guidelines every year. Anti-hunting extremists are trying to persuade the Department to eliminated hunting of black bears, mountain lions and bobcats. The Department has not suggested any such bans, but needs to hear from hunters.
California: The General Assembly passed AB311, restricting the sale of “precursor” parts at gun shows on Monday. AB1594, to allow civil lawsuits against the firearms industry was introduced. The bill tries to define the firearms industry as a “public nuisance.” AB1769, prohibiting gun shows in Ventura County has been introduced. In 2021 AB173, allowing university and college researchers, to get data concerning gun purchasers, was passed and signed into law. CRPA has a good article on the ramifications of that law.
Colorado: Thursday the Senate Committee on Agriculture & Natural Resources postponed indefinitely (killed) SB22-031, a bill to prohibit hunting bobcat, lynx and mountain lion. According to the Denver Post “Centennial Rep.Tom Sullivan, father of Alex Sullivan, said he’s still working out the specifics of his bill, but that he plans to introduce it this legislative session.” His bill would prohibit 18-20-year-old citizens from purchasing so-called “assault rifles.” Denver—Now that the preemption law was abolished in the 2021 session, localities are racing to pass gun control ordinances. A new ordinance in Denver was passed by 10-1 vote of the City Council and signed by Mayor Michael Hancock that will make “it illegal for anyone to possess, wear, carry, transport, display, flourish, discharge, manufacture or sell any non-serialized firearm.”
Florida: Rep. Anthony Sabatini has introduced both HB103, a constitutional carry bill, and HB6007, allowing Right-to-Carry permittees to carry on Florida college/university campuses. Florida Politics reported that a six-second video that shows Gov. DeSantis replying “of course” to a question asking if he would sign HB103. Now Lee Williams (The Gun Writer) has posted an article regarding Senate President Wilton Simpson that states:
Simpson, an alleged Republican from Trilby, is content to once again let constitutional carry die off quietly during the current legislative session, even though it would restore the God-given constitutional rights of millions of Floridians to what the Framers had in mind when they wrote the Second Amendment.
***Two bills, HB181 and SB334, would require a background check when purchasing ammunition.
Additionally, anti-gun Representative Gary Farmer (D) has introduced three anti-gun bills: SB204, requiring all firearms sale to be done through an FFL, SB210, repeal current FL law that prohibits firearm registration and SB214, banning the sale and possession of so-called “assault weapons” and large capacity magazines.
Georgia: HB218, a carry-over bill that grants recognition to Right-to-Carry permits from out-of-state should be considered by the House soon. SB319, constitutional carry, passed the Senate Judiciary Committee. On Jan. 5 Gov. Brian Kemp, running for re-election, announced his plan to promote constitutional carry in Georgia after former U.S. Senator David Purdue, also running for the Republican nomination for Governor, has also announced his support for constitutional carry.
Hawaii: SB3043, making changes due to theYukutake v. Connors court case decision, is before the Senate Committee on Public Safety, Intergovernmental and Military Affairs.
Idaho: SB1262, preventing the prohibition, regulation, or seizure of citizens’ Second Amendment rights during a declared State of Emergency, has been introduced.
Indiana: HB1077, constitutional carry, passed the House 64-29. The bill will now be considered by the Senate. Lake County considering repealing a 2019 ordinance on firearms discharge.
Illinois: Gov. J.B. Pritzker signed HB2791, increasing the number of communities that can apply for grant money for gun violence programs. This bill passed the Senate with no dissenting votes and the House 71-41. It allocates $100 million for this program. As State Rep. Rita Mayfield argued, “This is $100 million, this is not free money…it is $100 million that will be appropriated in January whether we have it or not.”
Indiana: HB1077, a constitutional carry bill that passed the House 65-31, has not been voted upon in the Senate Judiciary Committee. There is an effort to transfer the bill to the Senate Corrections and Criminal Law Committee
Iowa: With 1/3 of Iowa counties having declared themselves “second Amendment sanctuaries”, SF2002, a bill to prevent law enforcement and local governments from enforcing federal gun regulations, passed a subcommittee of the Senate Judiciary Committee on a 3-2 vote.
Maine: A carry over bill, LD1068, that expands red flag law in Maine, was considered by the Judiciary Committee and voted “ought not to pass.” However, the bill can still be considered by the House and Senate.
Maryland: Queen Anne County proposing restricting shooting ranges—interested parties can participate in a Zoom meeting of the Feb. 10 Planning Commission meeting. HB425/SB387, prohibiting so-called “ghost guns” has been reintroduced and is being promoted by anti-gun groups such as Moms Demand and Everytown. House Hearings have been scheduled for a Zoom meeting on Feb. 9 starting at 1 pm, while in the Senate Judicial Committee the hearing will be in-person on Feb 16 starting at 1 pm. For further information please check out MarylandShallIssue.org
Michigan: The House Government Oversight Committee is considering HB5187 and HB5188. These two bills prohibit the Michigan State government from restricting Second Amendment rights during a declared state of emergency. During Governor Whitmer’s declared state of emergency for COVID-19, she failed to include firearms and ammunition retailers as essential businesses.
Missouri: HB1462, allowing law-abiding citizens to carry for self-defense on public transit, has been referred to the House General Laws Committee. No date for a committee hearing has been set.
Nebraska: The Judiciary Committee held a hearing for LB773, a constitutional carry bill, on January 20, but no action has been taken. Michael Bloomberg’s Mom’s Demand Action is in Iowa opposing this bill.
New Hampshire: The House Criminal Justice and Public Safety Committee held hearings and executive sessions on gun bills. HB1636, allowing the carrying of a loaded firearm in an off-highway vehicle was voted “ought to pass” and now goes to the full House. Three other bills—HB1688, requiring background check for the sale of firearms; HB1096 and HB1151, banning the open carrying of firearms within 100 feet of a polling place—were all voted “inexpedient to legislate.” The Senate Judiciary Committee held a hearing on two pro-gun bills: HB307 would allow anyone to file suit against local ordinances and HB197 allowing individuals to defend themselves against unlawful attacks. The Committee passed HB307 on a vote of 14-10 and now the bill returns to the House for concurrence.
New Mexico: On Wednesday the House Consumer & Public Affairs Committee voted to table HB156, a proposed ban on firearm magazines that hold more than 15 rounds, and they reported HB9, penalizing adults who allow unlawful access of a firearm to a minor, without a recommendation. HB156 is dead for the session and HB9 may be considered by other committees.
New York: S1192B/A-7246B, requiring persons possessing any firearm to hold a firearms safety certificate, was passed by the Senate Codes Committee on Jan. 31—this is part of the effort to blunt any SCOTUS decision on the New York Rifle & Pistol Assn case; A08684, banning firearms from many public places has been introduced. New York: New York City—Alvin Bragg, the new city District Attorney, has told his assistant DA’s that his office “will not seek a carceral sentence” except with homicides and a handful of other cases, including domestic violence felonies, some sex crimes and public corruption.”
North Dakota: Gov. Kristi Noem tweeted, “I am proposing the elimination of all fees for concealed carry permits. SD will also pay the cost of the federal background check. In my proposal, it won’t cost you a penny to exercise your 2nd Amendment rights in South Dakota.”
Ohio: HB227, a constitutional carry bill, passed in the House 60-32. HB227 does maintain the existing Right-to-Carry law so citizens desirous of a permit may get one. The Ohio Senate passed SB185, that guarantees Second Amendment rights during a state of emergency. This bill will prohibit both local and state government from infringing on firearm possession, transportation, commerce, hunting and fishing. Also included is legal recourse for citizens whose rights are infringed.
Oregon: Encouraged by Attorney General Ellen Rosenblum (D), who supports and is supported Mayor Bloombergs minions, Democrat Senator James Manning, Jr. has introduced SB1577, an undetectable firearms bill that includes banning so-called “ghost guns.”
Pennsylvania: Governor Wolf lost no time in vetoing HB979, a bill that strengthened current preemption law by adding the ability of persons “adversely affected” by anti-preemption municipal ordinances to take the municipality to court. New bills: HB1900, banning gun sales to anyone “whose name is included on the terrorist screening database” has been introduced. HB393, includes ammunition background checks in its dealer licensing requirements. The following pro-gun bills are still awaiting action. The following anti-gun bills are still in the House Judiciary Committee: HB361, a bill to undo the firearms pre-emption statute, and HB364, destroying confiscated firearms.
Utah: SB115, 1st Substitute, clarifying preemption and provides for civil action and remedies for a violation of the law, passed the full Senate by 20-5,
Vermont: S30, a carry-over bill,was referred to Judiciary Committee in the House. The bill was significantly changed: an amendment adding to extend NICS delayed transfers from the federal 3-day hold to a Vermont only 30-day hold. This could result in a buyer put into an indefinite loop as the NICs check is only valid for 30 days and then the process must start over again. Also the House lowered the penalties from the Senate version and removed jail time. This bill when passed by the Senate in 2021, restricted carrying of firearms in hospitals.
Virginia: The House Public Safety subcommittee #1 on Thursday passed HB827, repealing the provision that allowed local governments to prohibit guns in parks, government buildings, recreation and community centers, and permitted events. The bill was supported in the subcommittee 6-4 and in the full Public Safety Committee by a vote of 12-10. In the 2021 state-wide election only members of the state House of Representatives were up for election, thus anti-gun politicians are still in charge of the Senate. As a result, four bills, SB74, SB330, SB364 and SB644, repealing the worst laws passed by the Northam administration, were rejected by the Senate Committee on the Judiciary. The entire Senate will be running for election in 2023. SB310, banning homemade firearms, has been amended but was recommended by the Senate Judiciary Criminal Law subcommittee.
Washington: HB1244, a bill to repeal the ban on “spring blade” knives, was given a “do pass” recommendation in the House Committee; HB1705 is now SHB1705, a ban on “ghost guns and unfinished frames and receivers”, passed the House Committee on Civil Rights & Judiciary and the Rules Committee and is awaiting a floorvote. HB1630 is now SHB1630, prohibiting the carrying of firearms at school board and municipal meetings, and HB1901 has become SHB1901 have passed the Civil Rights and Judiciary Committee and has been sent to Rules Committee. HB1618, a ban on carrying firearms in election related places, is awaiting a vote in committee. SB5078, a ban on magazines holding more than 12 rounds, will be considered by the full Senate. A hearing on January 17, before the Washington State Senate Law & Justice Committee considered SB5217, an assault weapons” ban, SB5568, a bill to eliminate Washington’s preemption statute, SB5690, a bill to eliminate guns on capitol campus, and SB5407, a bill to make firearms theft a Class B felony. Dave Workman’s article details the event.
Wisconsin: The Republican controlled House of Representatives passed a package of pro-gun bills that the AP said “would dramatically expand gun rights.” The bills are AB495, allowing persons to keep their firearms and ammunition in their vehicle while on school property when dropping or picking up a student; AB498, lowering the minimum age for Right-to-Carry permit from 21 to 18; AB518, recognizing out of state Right-to-Carry permits; and AB597, allowing Right-to-Carry permittees to carrying in a place of worship.
West Virginia: On Wednesday Attorney General Patrick Morrisey issued a press release that stated, “West Virginia Attorney General Patrick Morrisey and Arizona Attorney General Mark Brnovich led a group of 25 states in urging the U.S. Supreme Court to defend the rights of gun owners in West Virginia and beyond.”HB4038, expanding constitutional carry to 18-21 year olds, has been introduced and is before the House Judiciary Committee.
Wisconsin: The Assembly passed 4 pro-gun bills on voice vote: AB498, restoring under-21 adults’ right to carry, AB518, universal recognition of Right-to-Carry permits from out-of-state; AB495, adults with firearms’ licenses can drive on school property to pick up children; and AB597, adults with Right-to-Carry permits may carry in places of worship located on private school property. The Senate Committee on Insurance, Licensing and Forestry Committee voted to pass SB516, a reciprocal carry bill and SB619. Both votes were by a 3-2 majority.The Senate Committee on Judiciary and Public Safety held a hearing on two bills: SB584, allowing Right-to-Carry permittees to carry in a place of worship, and SB570, to protect firearms dealers, manufacturers, etc from frivolous lawsuits. The Committee did not vote on these measures during the hearing.
Judicial
Cases are grouped by court venue. 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. The SCOTUS 2021 term decision of New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen is impacting not only some of the cases currently being decided in the federal courts, but some courts are enjoining government from enforcing recently passed ordinances and laws.
US Supreme Court (SCOTUS)
Dominic Bianchi et al. v. Brian E. Frosh et al.Jan.14 the Supreme Court made the request as it considers whether to hear the advocates’ appeal of a lower federal appeals court decision — first issued in February 2017 — that the Second Amendment does not apply to firearms “most useful in military service.” A group of 25 state Attorney Generals have filed a petition for a Writ of Certiorari with SCOTUS.
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen: One of Jason Miyares first actions as Virginia Attorney General was send a letter to SCOTUS informing them that “Virginia no longer adheres to the arguments contained in the previously filed brief. Virginia is now of the view that New York’s handgun permit regime is irreconcilable with the Second Amendment.“ Oral argument transcripts can read here and listened to here. Amicus briefs can be found here. This case concerns the carrying of firearms outside the home. According to the Supreme Court orders: “The petition for a writ of certiorari is granted limited to the following question: Whether the State’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.” As a split exists in the Circuit Court decisions regarding this premise, SCOTUS will attempt to resolve the issue. It has taken more than a decade to get the Supreme Court to take up another Second Amendment case after Second Amendment victories in Heller and McDonald.
Aposhian v. Garland: was distributed for conference of 1/21/2022, but has been rescheduled with no date. On August 2, 2021 W. Clark Aposhian filed a petition for a write of certiaorari with the U.S. Supreme Court. This case was filed originally filed in 2019 seeking a preliminary injunction against the BATFE’s reclassification of “bump stocks” as “machine-guns”. The district court upheld the BATFE interpretation, as did a panel majority of the Tenth Circuit. The Tenth Circuit then granted a petition for review en banc. Then the Tenth Circuit vacated its prior order and reinstated the panel opinion. This case is now before SCOTUS asking for a writ of certiorari to the Tenth Circuit to rehear the case en banc. This case is similar to GOA v. Garland listed below.
Non-SCOTUS Federal cases
Heller v. District of Columbia (IV): After Dick Heller filed his fourth legal case against the District of Columbia, challenging the city’s current law outlawing the manufacture of firearms within the district, the D.C. Attorney General recommended that the D.C. City Council modify the ordinance.As a result the city council voted 12-1 to amend the law on Nov. 16 to allow the manufacture of firearms within the district. According to Heller the recent vote was an emergency measure, and the city still has to permanently repeal the original language. The Court has “stayed” the litigation until February 11.
GOA v. Garland: The ruling by the en bancU.S. Court of Appeals for the Sixth Circuit on Dec. 3, 2021, resulted in an 8-8 tie that affirmed the original ruling by the District Court. Since there are two conflicting Circuit Court decisions it is likely that SCOTUS will take up the case. The original case was brought against BATFE’s rule that “bump stocks”, a non-mechanical accessory, transform firearms into a machine gun. The US District Court for the Western District of Michigan ruled against a preliminary injunction, thus the case was appealed to the U.S. Court of Appeals for the Sixth Circuit, where a three-judge panel vacated (reversed) that ruling. The U.S. Department of Justice appealed for a rehearing en bank putting the case back on the docket for oral arguments. I8 states filed an amicus brief in opposition to the bump stock ban.
All firearms cases before the Ninth Circuit Court of Appeals (CA and west coast) have been put on hold until after the SCOTUS decision in New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen has been published. That includes Duncan v. Bonta and Miller v. Bonta:
N.J. and A.L. v. Sonnabend: Oral arguments in this case were held in November at the U.S. Court of Appeal for the Seventh Circuit. This case will decide whether student speech is covered by the First Amendment. Students in 2 different Wisconsin schools were denied their 1st Amendment rights when they wore clothing depicting firearm(s) to school. The District Court Judge William Griesbach ruled on May 3, 2021 that the 1st Amendment does not protect students’ rights to wear clothing in school that depicts firearms in a non-violent, non-threatening manner. The case was appealed on July 9. No time certain has been set for a ruling.
NRA v. Cuomo: This case is set for oral arguments on January 13, 2022.Filed in 2018 in the US District Court for the Northern District of New York alleges that Gov. Cuomo and NY Department of Financial Services (NYDFS) violated the First Amendment rights of the NRA. The Gov. and Maria T. Vullo (Chair of NYDFS) did so by sending “guidance” letters to banks and insurance companies that do business in New York State urging them to stop doing business with NRA.
Fahr v. San Diego: Immediately after the San Diego mayor Todd Gloria signed Ordinance O-2022-7, banning so-called “ghost guns” Firearms Policy Coalition (FPC) filed a lawsuit and a motion for a temporary restraining order and preliminary injunction to block enforcement of the law in the United States District Court for the Southern District of California.
Francisco v. Cooke: Federal litigation brought by the plaintiffs in the US District Court for the District of New Jersey challenging the NJ carry ban. Brought by Firearms Policy Coalition (FPC) challenging the New Jersey law that “makes it a crime for law-abiding individuals to carry a loaded handgun outside of the home unless they have been issued a permit to carry a handgun, thus denying them their right to bear arms. State law requires permit applicants to demonstrate a “justifiable need,” among other requirements.”
Ban on firearms for citizens ages 18-21 in federal court
Andrews v. McCraw: this lawsuit filed on Nov. 9 seeks to overrule NRA, Inc. v. McCraw in the Fifth Circuit Court of Appeals.
Baughcum, Jr. et al. v. Jackson, et al: a case in the US District Court for the Southern District of Georgia against a state ban against 18-21 year olds Second Amendment rights.
NRA v. Swearingen: The opening brief by the NRA was filed on August 17, 2021 before the US Court of Appeal for the Seventh Circuit. This is a case that deals with the age of majority. U.S. District Judge for the Northern District Mark E. Walker wrote a strange opinion in which he he stated, “for better or worse” he was precluded from ruling any way other than upholding the law.In 2018 after the Marjory Stoneman Douglas High School massacre the Florida legislature passed a gun law that prevented people under the age of 21 from buying any firearms, except if they had parents or relatives to assist them. Before the passage of that law people under 21 were prohibited under federal law from buying handguns but were able to purchase rifles and shotguns.
Meyer v. Raoul: The Second Amendment Foundation (SAF), the Illinois State Rifle Association, Firearms Policy Coalition, Inc. and three citizens ages 18-21 years of age are challenging the Illinois ban on allowing concealed carry for anyone not 21 years of age. In filing the lawsuit Alan M. Gottlieb, SAF founder notes, “Citizens in this age group enjoy nearly all of the rights guaranteed by the Constitution except when it comes to the Second Amendment. This cannot be allowed to stand.”
State cases
Jane Doe, et al. v. Bonta: AB173, a bill signed into law, that “allowed sensitive personal information about gun owners” to be shared with universities and any “bona fide research institution,” has been challenged in this lawsuit by the NRA. On Jan 26 the court granted the plaintiffs motion to proceed using Pseudonyms.
Polymer80, Inc., v. Sisolak: In the Third Judicial District Court of the State of Nevada in and for the County of Lyon, Judge John P. Schlegelmilch ruled that section 3 and section 3.5 of AB286 are vague and unenforceable.
Bass v. City of Edmonds: This case was originally Edmonds v. Bass:After the Washington Court of Appeals ruled earlier this year that the city of Edmonds ordinance was preempted by state statute, the city of Edmonds appealed to the Washington Supreme Court. Oral arguments were held on Jan. 11.
