By Tanya Metaksa
What’s New— Constitutional carry is on the move: Alabama: HB272, signed by Gov. Ivey; Georgia: HB1358, passed the House 94-57; Indiana: HB1296, A constitutional carry bill, has passed the legislature—contact Gov. Holcomb and ask him to sign the bill—if he does not veto it by March 22 it will become law without his signature; Nebraska: LB773 was voted out of committee; Ohio: Gov. Mike DeWine signed SB215, the constitutional carry bill, much to the disappointment of anti-gun groups and the media. Ohio became the 23rd state to embrace constitutional carry.
Federal: H.R. 6945, No Retaining Every Gun in a System That Restricts Your (REGISTRY) Rights Act, introduced.
State Legislation: Three more states have adjourned: Virginia, Wisconsin, West Virginia; Alaska: SB136 passes Senate; Arizona: HB2166, sales tax exemption for firearms sales, passed the Senate Finance Committee; California: Two hearings will be conducted this week; Colorado: HB22-1086, no guns at polling places, is scheduled for the Senate floor vote on Monday, March 21; Kansas: HB2681 passed the House Committee on Federal and State Affairs. The Senate Committee on Federal and State Affairs passed SB482, prohibiting discriminatory business behavior to the firearm industry; Maine: Sunday Hunting bill, LD2014, committee report divided, 9-4 against; New Hampshire: HB1096 and HB1668 both defeated in the House; New Jersey: A.2326/S.513, a pair of bills that had some bad consequences for persons caught with a firearm, are being worked on in committee; New York: recertification of handgun licenses is underway; A8684, prohibiting firearms in public transportation, restaurants and other places has been introduced; Oklahoma: HB3144 is scheduled for floor vote. South Carolina: city of Columbia repeals ordinances in violation of state’s preemption statute; Vermont: Both houses of the legislature have passed S4, which has all the same provisions, except for a 7-day wait instead of a 30-day wait on purchasers denied by NICSand now goes back to Gov. Phil Scott who is likely to sign it; Washington: Senate Bill 5078–which bans future sale and manufacture of so-called “large capacity magazines” holding more than 10 rounds–is awaiting Gov. Jay Inslee’s signature. Brownell’s has announced it is donating $2 from the sale of each company brand 30-round magazine to a legal fund to challenge this law. Wisconsin: The Wisconsin legislature has adjourned but not before passing three pro-gun bills that are awaiting Gov. Evers consideration; BATFE: 26 Senators send letter to BATFE regarding silencer policy; Judicial: Howard Jarvis Taxpayers Assn., et al v. City of San Jose: complaint filed against the San Jose “Annual Gun Harm Reduction Fee”; Marshall v. ATF, a case dealing with 18-20 year olds purchasing firearms, was distributed for SCOTUS conference of 4/1/2022.
Biden-Harris Administration
Even without David Chipman as Director of BATFE, the agency still is targeting gun owners:
Congressional letter to BATFE: 142 Representatives have sent a letter to the BATFE acting director requesting information on the policy regarding silencers that is being implemented; ATF and silencer manufacturing: According to Cam Edwards article in bearingarms.com “The Biden Administration is expected to roll out a news (sic)ATF rules on home-built firearms and stabilizing braces for pistol at some point in the next couple of months…” He goes on the report that ATF rejected 850 applications from those wishing to legally make their own suppressors. It appears that AFT is now considering companies/individuals who are selling parts for silencers as silencer manufacturers. Thuslaw-abiding citizens who have complied with ATF’s former directive by applying to make their own silencers are being asked to self-incriminate when responding to the ATF’s requests. An explanation from the NRA can be found here. Now a letter has been sent from 26 Senators to Acting Director Richardson requesting clarification.
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
H.R. 6945, No Retaining Every Gun in a System That Restricts Your (REGISTRY) Rights Act, has been introduced by Texas Representative Michael Cloud with 44 co-sponsors. This bill would mandate that FFL’s that go out of business destroy their sales records. The chance of it being considered in Speaker Pelosi’s House of Representative is zero, unfortunately.
H.R. 1620, Violence Against Women Act, passed the U.S. Senate and signed by President Biden
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.
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 Gascon is a George Soros supported DA who fails to punish law breakers.
Texas: March 1 was primary day in Texas. Republican turnout exceeded the Democrat turnout by 800,000 voters. The Democrat candidate for Governor is none other than Beto, “Hell yes, we’re going to take your AR-15!”, who is now attempting to disown that statement. On the Republican side current Governor Greg Abbott got 68% of the vote. The most recent poll gives Abbott a 10% lead over “hell yes, we’re going to take your AR-15!” O’Rourke.
State Legislatures
The following states do NOT have a legislative session this year: Montana, Nevada, North Dakota and Texas. Adjourned legislatures: New Mexico, Oregon, Utah, Virginia, West Virginia, Wisconsin
Alabama: Governor Kay Ivey signed House Bill 272, known as the constitutional carry bill, into law, defending law abiding Alabamians’ Second Amendment rights.
Alaska: SB136/HB179, preventing the prohibition, regulation, or seizure of citizens’ Second Amendment rights during a declared State of Emergency, passed the Senate.
Arizona: HB2166, exempting firearms and firearms safety equipment from sales taxes, was passed by the House 31-28 and has now passed the Senate Finance Committee 6-4. The Senate Judiciary Committee voted do Pass (5-3) on both HB2414, allowing law-abiding citizens to store firearms in locked vehicles on school grounds, and HB2316, expanding areas where Right-to-Carry permittees can lawfully carry. The Senate voted to pass SB1177, mandating the sending of renewal notices for Right-to-Carry permits. The House Judiciary Committee passed HB2473, prohibiting the state from doing business with banks that discriminate against legal firearms’ businesses. 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; HB2489, creating a provisional carry permit for adults aged 18-20 failed by one vote in the House.
California: SB918, a firearms bill dealing with increasing fees and removing privacy for gun owners is being considered by the Senate Public Safety Committee on March 22. Also AB2033, extending the duration of a constitutional carry license from 2 years to 5 years, is before the Assembly Public Safety Committee. Gov. Newsom held a press conference to introduce a new package of onerous gun laws in February: AB1594, allowing individuals and the Attorney General to sue firearms manufacturers and sellers; AB2571, prohibit marketing of weapons to children; and AB1621, further control making personal weapons. SB906, requiring parents to tell schools whether there is a gun in the home, has been introduced and the 30-day delay for printing has been waived; it is now before the Public Safety Committee and the Education Committee. The General Assembly passed AB311, restricting the sale of “precursor” parts at gun shows on in early February. 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.
Connecticut: SB16, AN ACT ADDRESSING GUN VIOLENCE AND JUVENILE CRIME, introduced at the request of Governor Ned Lamont is scheduled for a hearing March 14 before the Joint Committee on Judiciary. This bill would ban Right-to-Carry permittees from carrying on public transportation and at polling places and ban open carry near a demonstration among other provisions.
Colorado: HB22-1168, hunter education legislation, was passed by the House 57-6 and was amended in the Senate Agriculture and Natural Resources Committee on March 17 and passed. It will probably be voted upon in the Senate the week of March 21. HB22-1086, banning open carry at polling places, passed the House and the Senate State, Veterans & Military Affairs Committee 3-2 along party lines.
Florida: The legislature has gone into extended session to finish the budget. It is highly unlikely that any other bills will be considered, therefore constitutional carry will not be voted upon in 2022. The legislature is expected to adjourn on March 14.
Georgia: HB1358, constitutional carry, that was introduced with 53 House co-sponsors passed the House 94-57, while the Senate has passed SB319, a slightly different version of constitutional carry. The Senate can now pass HB1358 and send it to Gov. Brian Kemp. The Senate also passed SB259, dealing with how firearms in the custody of law enforcement are handled, passed 33-20; and SB479, strengthening felons in possession law, passed 43-9. Also HB218, a carry-over bill that grants recognition to Right-to-Carry permits from out-of-state was amended and then passed in the House; The Senate has passed the House version and it now goes to Gov. Brian Kemp, who is expected to sign it.
Hawaii: HB2075, was heard by the House Committee on Judiciary and Hawaiian Affairs, while the Senate companion bill SB3043 was just deferred in the Senate;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, was passed by the Senate and now has passed the House by 58-9. It now goes to Gov. Brad Little.
Indiana: Constitutional carry has changed its numbers several times, but is is HB1296 and is awaiting Governor Eric Holcomb. If the Governor does not act on it by March 22, 2022 it will become law without his signature. Gov. Eric Holcomb now has to decide whether to sign or veto constitutional carry. Anti-gun groups are trying to influence Holcomb.
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.”
Iowa: SF2250, a self-defense bill, passed the Senate Labor and Business Relations Committee by a vote of 7-4. 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.
Kansas: The Senate Committee on Federal and State Affairs passed SB482, prohibiting discriminatory business behavior to the firearm industry.HB2681, allowing seized firearms to be disposed according to the Kansas code of criminal procedure, has passed the House Committee on Federal and State Affairs. SB522, a firearm safety education bill was held March 14 before the Senate Federal and State Affairs Committee. Last year a similar bill was vetoed by Gov.Laura Kelly. SB482, a bill to prohibit discrimination by businesses against lawful firearms businesses, passed the Senate Federal and State Affairs Committee.
Kentucky: HB29, prohibiting the enforcement of a federal ban or regulation of firearms and declaring an emergency, passed the House 75-20 on March 10. It is now in the Senate.
Maine: Sunday Hunting bill, LD2014, had a hearing on March 14 and was voted “ought not to pass”;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: HB425/SB387, the House version passed the House unchanged, while the Senate version was substantially changed in the Senate Judiciary Committee. SB338, allowing preliminary approval of a permit to wear, carry, or transport a handgun before taking a firearms training course, was before the Judicial Proceedings Committee. For further information please check out MarylandShallIssue.org
Michigan: The House passed HB5187 and HB5188, which prohibit the Michigan State government from restricting Second Amendment rights during a declared state of emergency.
Missouri: HB1462, allowing firearms carry on public transit, other vehicle and places of worship passed the House 101-40;
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 Jersey: A.2326/S.513, a pair of bills that had some bad consequences for persons caught with a firearm. A.2326, was amended in the Assembly Law & Public Safety Committee on Thursday, while the companion is on the agenda of the Senate Law & Public Safety for March 21. Hopefully, it will be amended at that time.
New Hampshire: HB1096, ban on open carry within 100 feet of polling place, and HB1668, adding a NH background check for sale of firearms, were both defeated in the House.
New York: A8684, prohibiting firearms in public transportation, restaurants and other places has been introduced. This is part of the Democrat party’s resistance to any outcome of the SCOTUS case awaiting a decision.Emails are being sent out to handgun licensees who must rectify their status. The NY Safe Act requires recertification every five years. The New York State Police says that recertification may take place online by visiting the New York State Pistol Permit Recertification page at: https://firearms.troopers.ny.gov/pprecert/welcome.faces.
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; A9573/S8164, establishing criminal of unlawful gun storage, have been introduced; A08684, banning firearms from many public places, has had its enacting clause stricken, a method of killing it. New York City—“Police will begin random luggage checks on interstate coach buses coming into the Port Authority in an effort to stop an increasing number of guns coming across state lines” was a headline on a New York City website.
Ohio: HB227, a constitutional carry bill, passed the legislature. Call Gov. Mike DeWine and urge him to sign it. HB325, that guarantees Second Amendment rights during a state of emergency, has passed the House Government Oversight Committee on a 8-5 vote. 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: The Oregon legislature has adjourned.
Oklahoma: HB3144, prohibiting the state from doing business with banks that discriminate against legal firearms’ businesses, is scheduled for floor vote. HB3157, prevents the prohibition, regulation, or seizure of citizens’ Second Amendment rights during a declared State of Emergency, passed the House 79-17.
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.
South Carolina: Columbia: The city of Columbia repealed several ordinances passed in 2019 that 1.) made it illegal to possess a firearm within 1000 feet of a school, 2.) allowed gun confiscation from person under an extreme-risk protection order and 3.) any building in which a “ghost gun” is constructed can be subject to city nuisance laws. The SC Attorney General Alan Wilson sued Columbia in 2000. A County judge in 2021 ruled the city was in violation of the state’s preemption law. The city withdrew their appeal of that ruling for March 15—the same day they voted to repeal the ordinances.
South Dakota: Both HB1162,clarifying the definition of a loaded firearm, and SB195, clarifying self-defense, have now passed both Houses of the legislature and go to Gov. Kristi Noem. SB212, eliminating the carry permit fee and clarifying reciprocity for out-of-state permit holders was amended and passed by the Senate and a House Committee. It is awaiting action on the House floor. Gov. Noem is expected to sign it as she recently 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.”
Tennessee: Anti-gun media and Mothers Demand Action are all upset about HB2523/SB2194, that would allow people with enhanced Right-to-Carry permits the ability to carry into some presently restricted areas.
Utah: SB115, 1st Substitute, passed both Houses and has been sent to Gov. Gary Herbert. The Utah legislature has adjourned.
Vermont: Three anti-hunting bills, S201, banning trapping, S129, do away with the Fish and Wildlife Board, and S281, banning hunting using dogs were under consideration in the Committee on Natural Resources and Energy.The Senate overrode Gov. Phil Scott’sveto of S30, a carry-over bill that started as a bill to restrict carrying a firearm in a hospital and morphed into an omnibus gun control bill. However, The Senate then passed S4, which includes all the items in S30 but it only lengthened the waiting time for background checks to 7 days. The House did not vote to override the veto and there is plenty of time left for the anti-gun politicians in the House to pass S4.
Virginia: The Virginia legislature has adjourned. On March 7, the House passed SB8, the Sunday hunting on public lands bill. It now goes to Gov. Youngkin.
Washington: The legislature has adjourned. The Senate passed both HB1705, banning so-called ghost guns, and HB1630, prohibiting anyone from carrying a firearm at municipal meetings and off-campus school board meetings. HB1630, HB1705, and SHB1901. SB 5078 a ban on magazines holding more than 10 rounds, was passed by majority Democrats and is awaiting Gov. Jay Inslee’s signature. Brownells has announced it will donate $2 from the sale of each of its 30-round company brand magazines to the Second Amendment Foundation for a legal challenge.
West Virginia: The West Virginia legislature has adjourned.
Wisconsin: The Wisconsin legislature has adjourned. S570, limiting civil liability for firearms manufacturers, sellers, and associations, AB495, allowing persons to keep their firearms and ammunition in their vehicle while on school property when dropping or picking up a student, and AB518, recognizing out of state Right-to-Carry permits. passed both Houses and now go to Gov. Tony Evers. West Virginia: Gov. Jim Justice signed HB4048, allowing law abiding citizens to have loaded firearms in their vehicles. HB4038, expanding constitutional carry to 18-21 year olds, has been introduced and is before the House Judiciary Committee.
Wyoming: SF102, Second Amendment Protection Act, has just passed the legislature as of March 10, 2022. The bill states, “Prohibiting the enforcement of federal regulation of firearms, firearm accessories, magazines and ammunition; penalties; defense of Wyoming citizens.” Everytown for gun safety has opposed this bill calling it “dangerous gun legislation.”
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)
Duncan v. Bonta: Chuck Michel, the lead attorney on this case summarizes the CRPA & NRA-ILA’s petition for certiorari:
As reported previously, a three-judge panel of the Ninth Circuit held in August 2020 that California’s ban on standard-capacity magazines is unconstitutional. That decision struck down California’s statewide prohibitions on both possessing and acquiring such magazines, upholding a 2019 decision from the United States District Court in San Diego secured by CRPA and its attorneys at Michel & Associates, P.C. The historic Duncan panel decision was, unfortunately, vacated and later overturned when the case was heard en banc, by an expectedly unfriendly en banc panel—composed of 7 judges appointed by Democrats and just 4 appointed by Republicans.
The Supreme Court petition filed yesterday asks the Court to review the en banc decision, observing that, in the years since Heller, too many states have doubled down on their disdain for the People’s right to keep and bear arms, imposing increasingly severe restrictions on protected Second Amendment conduct. California, of course, has long been at the forefront of this rights-squelching practice. And the courts, for their part, have done precious little to suppress it. To the contrary, opinions like the Ninth Circuit en banc decision in Duncan all but encourage the states to continue thumbing their nose at the Supreme Court and its decisions in Heller and McDonald.
CRPA argues in its petition, “[l]ike other courts upholding such laws …, the Ninth Circuit approved California’s confiscatory law by applying a dilutive two-step mode of analysis that resembles no other form of heightened scrutiny but operates almost exactly like the balancing approach expressly rejected by this Court in Heller.” CRPA also argues that it is time for the Court to accept the Ninth Circuit’s invitation to step in and “tell [the lower courts] to stop” disrespecting the Second Amendment by applying an utterly toothless form of “heightened” scrutiny that almost guarantees that any law that intrudes upon the right to arms will be upheld.
CRPA President Chuck Michel says he is “proud of CRPA’s efforts to put an end to California’s confiscatory ban on magazines that come standard with some of America’s most popular handguns and rifles. No matter what the outcome of Duncan, though, CRPA will continue its tireless fight against our state’s draconian gun control regime.”
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 certiorari 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.
Marshall v. ATF: has been distributed for conference of 4/1/2022. This case deals with buying and selling firearms to persons 18-20 years of age.
Non-SCOTUS Federal cases
Center for Biological Diversity v. U.S. Fish and Wildlife Agency: Under the Trump Administration the U.S. Fish & Wildlife Service opened more that 2.3 million acres on 106 National Wildlife Refuges and National Fish Hatcheries to hunting and fishing opportunities in 2020. As a result, the Center for Biological Diversity sued the Fish & Wildlife Service on November 28, 2021 in federal district court in Montana. Now NRA-ILA, Safari Club International, Sportsmen’s Alliance Foundation and Rocky Mountain Elk Foundation have partnered and filed a motion to intervene and dismiss this lawsuit.
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. Eighteen 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:
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.
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 stated, “for better or worse” he was precluded from ruling any way other than upholding the law.
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
Howard Jarvis Taxpayers Assn., et al v. City of San Jose: In Feb. 2022 the City of San Jose, CA passed an ordinance that required San Jose residents who own firearms to pay an “Annual Gun Harm Reduction Fee” to a “Designated Nonprofit Organization” designated by the City Manager. On March 7, 2022 a complaint to invalidate this law was filed in the Superior Court of CA, County of Santa Clara.
People of the State of Illinois, Appellant, v. Vivian Brown, Appellee. Appeal, Circuit Court: On Feb. 2018 the Circuit Court of the Second Judicial Circuit, Illinois, found that the requirement to have a Firearms Owner ID card in order to legally possess a firearm in the home for self-defense was unconstitutional. Several motions to reconsider were filed and the Court denied the motion to reconsider on Oct. 16, 2018. The state of IL appealed to the IL Supreme Court on Nov. 11, 2018. Finally, the IL Supreme Court has scheduled a hearing on this case for March 16. If the IL Supreme Court upholds this decision the only remaining appeal by the State of Illinois would be to the US Supreme Court.
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.
