By Tanya Metaksa
What’s New— The House of Representatives has passed HR1808; California: The legislature is back in session in August; California—Burbank: moratorium on gun stored passed; Colorado: Boulder County: Commissioners propose five anti-Second Amendment ordinances with a vote scheduled for Tuesday, Aug. 2; Maryland—Montgomery County: sign petition against new county proposed ordinance; New Jersey: A Statewide Affirmative Firearms Enforcement (SAFE) Office is created; New York—Wayne County Sheriff: issues new Right-to-Carry permit policy; Politics: Oregon—IP 17 “explanatory statement” drafted by the proponents is deceptive; Missouri: Gun Owner groups endorse Eric Schmitt for U.S. Senate; Also check out AK, AZ, KS, and MI; Judicial: Rocky Mountain Gun Owners v. Superior, a temporary restraining order was issued against the town of Superior, CO by District Judge Raymond P. Moore, Morehouse Enterprises v. ATF: a federal lawsuit against ATF’s regulation concerning unfinished, nonfunctional firearm components.
2021 – 2022 Congressional Activity
The House of Representatives advanced HR1808, on July 25 on an almost-party line vote of 217-213. Editor Dave Workman covered the vote. HR1808 is the new “assault weapons” ban bill, which seeks to ban virtually all ARs, AKs, AR pistols and even semiautomatic handguns and shotguns.
After the passage and signing of theBipartisan Safer Communities Act (BPCA) many anti-gun Democrat Senators and President Biden are talking about promoting another anti-gun bill. According to The Reload and now The Hill. Senator John Cornyn (R), co-author of the BPCA, has unequivocally stated he is not working on any more gun legislation this year.
2022 Politics
August 2 primaries include Arizona, Kansas, Michigan, Missouri and Washington. On August 4 Tennessee will hold its primary.
Arizona: In the US Senate Republican primary Mark Brnovich is the only candidate getting an A+ from the NRA. The Republican winner will run against Senator Mark Kelly (D) rated “F’ in the general.
Kansas: Current Governor Laura Kelly (D) is rated an “F” by NRA, while Derek Schmidt (R) has been endorsed.
Michigan: In the 10th CD John James has been endorsed by the NRA.
Missouri: On July 30, Dana Loesch tweeted: This is also why Senate races have a bit more urgency this election cycle — Missouri decides their primary on Tuesday. @Eric_Schmitt is the only proven consistent #2A contender and the only candidate with endorsements from all the 2A groups.candidates. Eric Schmitt also tweeted: Proud to be the only candidate for #MOSen who stands tall for Missourians #2A rights with an A+ rating from @NRA and endorsed by @GunOwners and @NatlGunRights. Let’s go! The election is August 2.
Oregon: The proposed IP 17 has qualified for the ballot and Oregonians will have the opportunity to vote on it in November. There appear to be problems with the “Explanatory Statement” and comments need to be submitted to elections.sos@sos.oregon.gov by this Wednesday, Aug. 3. NRA-ILA has an explanation. IP 17 would require: (1) a permit to purchase a firearm that includes a background check, live -fire and classroom trying; (2) ban the sale of magazines holding more than 10 rounds and restrict where such magazines that are currently owned could be carried; (3) create a registry of firearms owners and (4) allow for indefinite delays of transfer of firearms. The permit to purchase would be valid for five years
Alaska: A special election on Aug. 16 has been certified by the Alaska Division of Elections. The top three candidates who will be on the ballot are former Gov. Sarah Palin (R), who is endorsed by the NRA, Nick Begich (R) and Mary Peltola (D). Former President Trump held a rally in Alaska in support of Palin.
State Legislatures/Local communities
California: On July 22 Gov. Newsom signed SB1327, empowering citizens to bring civil action against those that transfer firearms illegally to others. On July 21 Newsom signed eight new anti-Second Amendment gun laws bringing the total signed in the last 10 weeks to 11. The bills include AB228: requiring inspections of FFLs every three years; AB311, prohibiting the display or sale of precursor parts at gun show on Del Mar Fairgrounds; AB1769, bans gun shows at the Ventura County Fair; AB1842, prohibits dealers from charging more that 5% of purchase price for restocking after buyer cancels purchase: AB2156, prohibiting 3D printing of firearms parts and reducing the number of firearms that can be manufacture to 3 per year; AB2239, 10-yr prohibition on possession of firearms for those convicted of child abuse or elder abuse; SB915, banning gun shows from any property that has a connection to the state; and SB 915, prohibits sale of firearms on state property. SB1327, allows individuals to file civil suits against anyone who is involved in selling banned firearms or firearm parts. The worst news for California gun owners is that a breach of the state’s databases of gun owners has made public the personal information of perhaps “hundreds of thousands of gun owners.” In June Gov. Newsom signed AB1621, that has modified the definition of precursor parts and requires serial numbers on them as well as including precursor parts in the definition of “firearm.” AB1621 also prohibits the possession of milling machines that are used solely for manufacturing firearms. He also signed AB2571 that bans advertising and marketing of firearms or ammunition in a manner that is “attractive to minors.” Both bills became effective upon signing.
California—Burbank: A 45-day moratorium “on the establishment of new or replacement retail businesses selling firearms or ammunition,” was passed by the Burbank City Council on July 26.
California—Los Angeles County: According a
Colorado: Boulder County—a proposal to add 5 anti-Second Amendment ordinances will be heard on August 2. The ordinances will mandate:
- Banning the sale of firearms to anyone under the age of 21
- Requiring a waiting period of 10 days to sell or purchase a firearm
- Prohibiting the carrying of firearms in sensitive public places
- Banning the sale of “assault rifles,” along with “large” magazines and trigger activators
- Regulating the possession of unfinished gun frames and guns without serial numbers, sometimes referred to as “ghost guns”
A website covering all the ordinances is available and has a link for a comment form available by mid-July.
Illinois: Naperville—The first reading of an ordinance to prohibit the local commercial sale of assault weapons and large-capacity magazine was held postponed from July 11 to July 19. The next meeting of the City Council is scheduled for August 16.
Indiana: Two Lake County council members have proposed an ordinance to ban sales of “AR-15s” at gun show held at the Lake County fairgrounds. No public information available about the July 12 council meeting.
Maryland: Montgomery County—Council President Gabe Abornoz introduced an ordinance, County Bill 21-22 to ban permit holders from carrying in “a place of public assembly”. A petition to against this county ordinance has been started on change.org. To sign click here.
Missouri: AG Eric Schmitt (and a candidate for U.S. Senate) sent a letter July 13 to Director Christopher Wray, FBI “demanding that they cease their attempts to illegally obtain information from local sheriffs on Missourians who have concealed carry permits.” The FBI responded that their auditors “won’t be seeking to access any list of concerns-carry holders in Missouri.”
New Jersey: “Acting Attorney General Matthew J. Platkin today announced the creation of a Statewide Affirmative Firearms Enforcement (SAFE) Office – a first-in-the-nation office with the specific mandate of bringing civil enforcement actions against firearm companies to hold them accountable for violations of the law that harm the health and safety of New Jersey residents.”Platkin’s announcement was covered in Lee Williams’ article.
South Carolina: Yes, it is still 2022, but already State Representative Wendell Gilliard (D-111) has jumped on the gun control bandwagon with the announcement that he is planning to pre-file legislation to ban so-called “assault weapons,” although the bill has not even been written. Columbia—the city has submitted to the SC AG a proposed ordinance concerning the reporting of lost or stolen firearms to inquire if it violates South Carolina preemption law.
State and Local Legal Changes as a result of SCOTUS decision in New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen was a monumental decision for most Second Amendment supporters. But according to the decision “only six States…have ‘may issue’ licensing laws.” On the other hand, several gun organizations including the U.S. Concealed Carry Association (USCCA) believe that number to be as high as nine. The six that everyone agree upon are: California, Hawaii, Maryland, Massachusetts, New Jersey and New York. The remaining three are Connecticut, Delaware and Rhode Island. Several states, New York and California to date, have already changed their laws to try to maintain the ability to strictly control of who can “carry” a firearm outside the home. While on the other hand two states: Massachusetts and Maryland have decided to remove restrictions on carry permits.
Although NY state leaders and legislators are ignoring/pushing back against Bruen, some NY Sheriffs are making policy based on the Bruen decision:
Wayne County, NY Sheriff: “Effective immediately, any Wayne County Resident with a restricted pistol permit, MAY file an amendment with the County Clerk to have your restrictions removed! You do not have to file any paperwork with the Sheriff if you are a current permit holder.”
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.
US Supreme Court (SCOTUS)
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen: —In the first gun rights case in over a decade—on June 23, 2022 SCOTUS handed down their decision in this case. By a 6-3 verdict Justice Clarence Thomas wrote that the Second Amendment is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.”
Petitions before SCOTUS requesting certiorari that were postponed awaiting this decision are GOA v. Garland, Duncan v. Bonta,Dominic Bianchi et al. v. Brian E. Frosh et al., and Aposhian v. Garland. All four of these cases have been “granted certiorari”, ‘vacated”, and then remanded (sent back) to the lower court to be relitigated due to the decision in NYSRPA v. Bruen. Known as GVR.
In California Attorney General Rob Bonta issued a “Legal Alert” to Local Carry-Licensing Agencies on June 24, 2022. The alert included the recommendation that “issuing authorities must still require proof that (1) “the applicant is of good moral character.”And it additionally states, “As a starting point for purposes of investigating an applicant’s moral character, many issuing authorities require personal references and/or reference letters. Investigators may personally interview applicants and use the opportunity to gain further insight into the applicant’s character. And they may search publicly-available information, including social media accounts, in assessing the applicant’s character. Finally, we note that it remains reasonable—and constitutional—to ask applicants why they are interested in carrying their firearms in public.As a result of this alert, the Firearms Policy Coalition sent a letter to AG Bonta suggesting that unless the alert is revoked, local jurisdictions following the recommendations will be sued.
Non-SCOTUS Federal cases
Morehouse Enterprises v. ATF: Seeking a preliminary injunctions against the “ATF from enforcing various parts of an omnibus rule scheduled to take effect Aug. 24.”This case has been joined by 17 states attorneys general.
Michelle Flanagan v. Rob Bonta: The County Counsel sent a letter to the US Court of Appeals for the Ninth Circuit asking for the case to be dismissed as the case is now moot.The letter states “the Los Angeles County Sheriff’s Department is no longer requiring a showing of “good cause” in issuing licenses to carry a concealed weapon in public. This appeal now moot…”
Rocky Mountain Gun Owners v. Superior: a temporary restraining order was issued against the town of Superior, CO by District Judge Raymond P. Moore to stop the town’s ban on so-called “assault weapons.” On July 29 Rocky Mountain Gun Owners tweeted, “Bloomberg’s New York attorneys have officially stepped in. We are in for a major fight. Superior is officially ground zero for gun control.”
New York Federal cases in opposition for the new NY gun control system (S.51001/A.41001). We anticipate many lawsuits being filed in opposition to the new overreaching NY gun law: Paladino v. Bruen (7/11/22), challenging Section 5 of the law that “unconstitutionally presumptively prohibits Handgun Carry Licensees from carrying a concealed handgun on all private property in the State.”
Vanchoff v. James (7/12/22), challenging NY “assault weapons” ban as a result of NYSR&PA v. Bruen.
Cheeseman v. Platkin: A challenge to New Jersey’s “assault weapons ban” in the US District Court for the District of New Jersey.
Miller v. Bonta: A motion has been made to the Ninth Circuit to lift their stay in the California “assault weapons” challenge.
Junior Sports Magazine, et. al v. Bonta: The Second Amendment Foundation, CRPA, Gun Owners of California, California Youth Shooting Sports Association and others are suing the state of California for the passage of AB2571 that was signed into law on June 30.“Plaintiffs bring this suit to challenge the constitutionality of California Business & Professions Code section 22949.80, which makes it unlawful for any “firearm industry member” to “advertise, market, or arrange for placement of an advertising or marketing communication concerning any firearm-related product in a manner that is designed, intended, or reasonably appears to be attractive to minors.”
National Shooting Sports Foundation v. Letitia James: This case deals with the enactment of a law to hold the gun industry civilly liable for “public nuisances.” NSSF filed this case on December 16, 2021.
Rare Breed Triggers v. Garland:This case was filed in Aug 2021 and sought a preliminary injunction to stop ATF from taking action against Rare Breed Triggers. A judge denied the request and the case continues.
Ban on firearms for citizens ages 18-21 in federal court
Andrews v. McGraw: This case was initiated on Nov. 9, 2021 regarding the Texas law prohibiting citizens who are between the ages of 18 to 21 “from fully exercising the right to keep and bear arms.” After the NYSR&P decision by SCOTUS, the judge asked the parties to file supplemental briefs, which both parties have now done.
Jones v. Bonta: This case name was changed when former CA AG Becerra left his position in CA. It was formerly Jones v. Becerra. “The panel held that California’s ban was a severe burden on the core Second Amendment right of self- defense in the home.” Although California has not yet appealed to an “en banc” panel, this has been the manner in which the Ninth District Court of Appeals has upheld California’s draconian gun laws. We anticipate an appeal.
NRA v. Swearingen: On appeal to the US District Court in Tallahassee, FL oral arguments were held on March 24, 2022. 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.
State cases
Firearms Owners et.al v. City of Pittsburgh: A case brought by Firearms Policy Coalition against the city of Pittsburgh based on the Pennsylvania preemption statute. It was decided 2-1 in favor of plaintiffs. Immediately the mayor of Philadelphia announced it would be appealed to the Pennsylvania Supreme Court
People of the State of Illinois, Appellant, v. Vivian Brown, Appellee. Appeal, Circuit Court: In February 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, an oral hearing was held by the IL Supreme Court in March.
