By Tanya Metaksa
What’s New— Congressional: Politics: Two weeks to Election DAY—Remember Nov. 8 is Election Day! Everytown for Gun Safety Action Fund is now supporting candidates for the Supreme Court in MI and IL; State/Local legislation: CO-Broomfield: still working on six new “sensitive places” ordinances; Hawaii: Hawaii County (the Big Island) Bill 220 has been modified to make some changes to the “sensitive places” definition; New Jersey: A4769, bill to counter the Bruen decision, passed two Assembly Committees on party-line votes and bans guns on motion picture/television sets; New York—New York City: NYPD announced a hearing on Nov.18 for new rules regarding firearms;Judicial: Hardaway v. Nigrelli: NY Judge John L. Sinatra, Jr. ruled on Oct. 10 that the section of NY’s new CICA making it a felony to possess a firearm at “any place of worship or religious observation” was unconstitutional; Mazahreh v. Grewal: Judge Renee Marie Bumb has ordered a permanent injunction against any requirement for applicants to show a “justifiable need” to apply for a Right-to-Carry permit; CRPA v. Glendale: New case versus city ordinance banning guns on city property brought by CRPA; Brandeis v. Bonta: In the Superior Court of California for the County of San Diego has issued a Temporary Injunction Order against the law allowing the state to share private information concerning gun owners.
ELECTION LOOMING: 2022 Politics
Early voting is already underway in many states: Be sure to check out the date of early voting ending, each state has its own dates. Election Day is Tuesday, November 8. Be sure to vote!
NSSF, the Firearm Industry Trade Association, has issued a Congressional Report Card.
Rocky Mountain Gun Owners SuperPac endorsed Max Brooks for Town Council District 5 in Castle Rock, CO.
Everytown Political Spending in 2022
According to ABC, Everytown is spending $1 million in two Secretary of State races: against Republican candidate Mark Finchem in AZ and Republican Kristina Karamo in MI.
$700,000 has been spent to elect Richard Bernstein and Kyra Harris Bolden to the Michigan Supreme Court and Elizabeth Rochford and Mary O’Brien to the Illinois Supreme Court.
Arizona: $1.4 Million; Georgia: $1.4 Million, Michigan: $2.3 Million; Pennsylvania: $2.1 Million—for a 10/10/2022 total of $7.2 Million.
Statewide Referenda on the ballot November 8
Iowa: On April 12, 2021 Gov. Kim Reynolds signed the constitutional carry bill making Iowa the 19th state to pass this law. This Nov. 8 there will be a ballot measure that will give Iowa citizens the ability add a “Second Amendment” to their constitution. The proposed amendment states, “The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.”
Oregon: Initiative Petition 18 became Ballot Measure 114 (BM114), Changes to Firearms Ownership and Purchase Requirements Initiative. We reported earlier this year how this ballot measure came about. BM114 would enact a law requiring a permit to purchase a firearm, a government registry of gun owners’ personal information and firearms, an indefinite delay on background checks and bans any magazines over 10 rounds.
2022 Congressional Activity/Biden Administration
US Fish and Wildlife Service: The USFWS opened 18 national wildlife refuges for fishing and hunting but banned the use of any lead ammunition and fishing tackle on these refuges. Lawrence G. Keane, Sr. VP and General Counsel of NSSF commented, “The Biden administration is capitulating to pressure from radical environmentalists and anti-hunting groups. This ban will price out hunters from accessing public lands since the cost of alternative ammunition is significantly greater than that of traditional ammunition.”
H.R. 8460: A bill to allow BATFE to create a national firearms registry has been introduced. The bill would allow the government to keep background check information indefinitely. Additionally, this bill is a wish-list for the Biden Administration’s government increased surveillance power for this agency: eliminating BATFE congressionally imposed funding caps, allow other agencies to enforce gun laws; remove the legislated 24-hour maximum for retaining info from background checks, and make it easier to revoke FFLs.
H.R. 8534: A bill to create a nation permit to purchase, require firearms registration and allow confiscation;
H.R. 9183: A bill to “To facilitate the creation of designated shooting ranges on National Forest System land and public land” has been introduced by Congressman Blake Moore (UT-01).
State Legislatures/Local communities
The following states are still in session: Massachusetts, Michigan, New Jersey, Ohio, Pennsylvania.
California—Los Angeles — carry permits: According to the California Rifle and Pistol Association (CRPA) the Los Angeles Police Department and the Los Angeles Sheriff’s Department are charging outrageous fees for a Right-to-Carry permit. Although neither department is currently issuing permits, the fees are $268 by LAPD and $150 by the Sheriff’s department. Konstadinos T. Moros, an attorney for CRPA, “We are looking at more than a $500 effective price tag to exercise a constitutional right if you are getting a permit from LAPD.”
Hawaii: A public hearing in Honolulu County to set new rules for carry licenses was held on October 4. Mayor Rick Blangiardi submitted a gun bill to the Honolulu City Council that resembles the NY CICA. In Hawai’i County, known as the Big Island, Bill 220, has been modified in its definition of “sensitive places” as a result of the hearing, but the modified language is not yet available.
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.” The County Council was on recess in August but no information concerning this bill is available as of Oct. 14, 2022. However, it should be noted that this bill has eight co-sponsors out of a total of nine Council members.
New Jersey: The Bruen response bills are on a fast track. A public hearing on A4769 was held on October 17, and the bill was passed by both the Assembly Judiciary and the Assembly Appropriations Committee by party line votes.Oversight, Reform and Feral Relations Committee: hearing 10/24 and votes 10/27. Senate version S3214 before Law and Public Safety Committee on 10/27. This bill bans carrying a firearm almost everywhere except at home, increases fees, uses prior speech and subjective standards to disqualify a person and mandates liability insurance. One of the more unique “sensitive” locations is “a public location being used for making motion picture of television images”—NJ is banning all motion picture production. According to NRA the main sponsor, Joe Danielson, could not name anywhere Right-to-Carry would be allowed. More bills: A4557 will be upgrading the crime of manufacturing firearms from second to first degree. A4717, has no text but requires psychological evaluation and in-home inspection prior to firearms’ purchase. S3003/A4502, expands sensitive places and S2847/A4369 prohibits possession of body armor.
New York—New York City: Mayor Eric Adam signs ordinance that establishes the borders of the Gun Free Zone against carrying guns in Times Square. NYPD announced a hearing for Nov. 18 for new rules regarding firearms to be held at 1 Police Plaza. These rules will make the emergency rules issued in August and September permanent.After Jefferson County Board of Legislators unanimously approved Resolution 270, reaffirming Second Amendment rights and opposing the new CCIA law, WWNY showed images of businesses that supported Right-to-Carry in their stores.
Pennsylvania: HB2775, that would mandate a firearms eligibility license with mandatory training and added fees has been introduced. HB1929, that passed the House 202-1 in April 2022, has now unanimously passed the Senate Judiciary Committee. HB1929 removes knives and switchblade knives from the list of prohibited weapons. It should now go to the Senate floor for a vote.
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 and where that person can carry.
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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)
The new term for SCOTUS has started with a new Justice, Ketanji Brown Jackson, replacing retired Justice Stephen Breyer. As she was appointed by President Biden, she will likely rule in a similar manner to Justices Kagan and Sotomayer.
Non-SCOTUS Federal cases
Cases being litigated or re-litigated in response to NYSR&P v. Bruen
New York: Second Circuit: the legislature went to great lengths to ensure that Bruen does not allow civilians the Right-to-Carry guns. Cases are being filed against the 2022 firearms laws that were passed in July 2022.
Hardaway v. Nigrelli: NY Judge John L. Sinatra, Jr. ruled on Oct. 10 that the section of NY’s new CICA making it a felony to possess a firearm at “any place of worship or religious observation” was unconstitutional. Another case that addresses guns in places of worship is Goldstein v. Hochul that was brought by a congregant and the Congregation of Bnei Matisyahu in Brooklyn, NY.
Antonyuk, et al v. Hochul: The Sheriff of Onondaga Country, a defendant in this suit, does NOT oppose the challenge. This is a challenge against “various provisions of New York’s newly minted by ineptly named “Concealed Carry Improvement Act (CCIA)”. It is a refiling of the previous case, Antonyuk v. Bruen, also with Judge Suddaby presiding, which was dismissed for lake of standing. Antonyuk v. Hochul was filed on Sept. 20 and Judge Glenn T. Suddaby on October 6 issued a temporary restraining order (TRO) against major parts of the CCIA. The TRO on October 12, 2022 has been stayed until a three-judge panel rules on the TRO.
Corbett v. Hochul (7/1//2022), challenging the required disclosure of social media accounts. NY requests more pages and more time to file and judge sets limits more stringent than requested.
NYSR&PA II v. Bruen: The next iteration of the SCOTUS case—challenging the 2022 firearms laws.
Boron/Christian v. Bruen: This case filed on September 13 in the US District Court for the Western District of New York challenges the enactment of S51001. The suit states the State of New York “replaced on unconstitutional licensing scheme with another.” The case is being supported by the Second Amendment Foundation, Firearms Policy Coalition, Inc. and two private citizens.
California: Ninth Circuit
Nichols v. Newsom: The Ninth Circuit vacated and remanded this lawsuit challenging California’s open carry ban. It returns to the Central District of California court.
Miller v. Bonta: The US Court of Appeals for the Ninth Circuit has REMANDED and VACATED this case back to the District Court and briefs have been ordered to be produced.
Massachusetts: First Circuit
Morin, Alfred v. Lyver, William, et al was granted a writ of certiorariand then vacated and remanded it to the United States Court of Appeals for the First Circuit. This case challenges state law that denies anyone convicted of non-violent misdemeanors from purchasing firearms. Dr. Alfred Morin was convicted of a non-violent misdemeanor for carrying a gun in Washington, DC in 2004. At the time he was licensed by the state of Massachusetts to carry a gun. As a result of this conviction for which he did not serve any jail time, the state now bars him from obtaining a permit to purchase a handgun. Dr. Morin’s case has gone to both the U.S. District Court of Massachusetts and been appealed to the First Circuit Court of Appeals, both of which ruled in favor of the state. Now the Appeals court has been ordered to review this case in light of the Bruen decision.
New Jersey: US District Court for the District of New Jersey: In the case ofMazahreh v. Grewal that was filed in December 2020, Judge Renee Marie Bumb (nominated by President George W. Bush) has ordered a permanent injunction against any requirement for applicants for handgun carry permits to show a “justifiable need” to do so.
Dismissals: Vanchof v. James and Paladino v. Bruen
Other Cases
Brandeis v. Bonta: In the Superior Court of California for the County of San Diego the judge has issued a Temporary Injunction Order against the law allowing the state to share private information concerning gun owners.
CRPA v. Glendale: New case brought by CRPA challenging city ordinance banning guns on city property. Hearing set for Dec. 12.
Rigby v. Jennings: A challenge to Delaware bill HB 125, that became law in 2021, criminalized the possession, manufacture, and distribution of unserialized firearms, untraceable and unfinished firearm components. Judge Maryellen Noreika granted a preliminary injunction to prohibit the enforcement of most of this law pending the resolution of the lawsuit. Judge Noreika stated that the plaintiffs “are likely to succeed in their argument’ that the law violates the Second Amendment.
Massachusetts: Granata v. Healey: This case was brought in 2021 challenging the handgun regulatory scheme of the state. On May 19, 2022 Judge Rya W. Zobel in the US District Court for the District of Massachusetts found that “the challenged regulations therefore pass intermediate scrutiny.” In June an appeal was initiated to the US District Court for the District of Massachusetts. Earlier this month the plaintiffs filed a Motion in the US District Court to Vacate and Remand as a result of the Bruen decision. On Oct. 11, the Court denied the motion and the briefing schedule remains in effect.
Colorado: Two different judges have issued Temporary Restraining orders to halt the bans on the sale, possession and transfer of commonly owned semi-automatic rifles in the towns of Boulder and Superior. Two different judges have issued Temporary Restraining orders to halt the bans on the sale, possession and transfer of commonly owned semi-automatic rifles in the towns of Boulder and Superior. After the legislature repealed the Colorado firearms preemption statute both towns banned so-called assault weapons. In two cases, RMGO v. The town of Superior and RMGO v. The town of Boulder, judges have granted temporary restraining orders (TRO) citing the Bruen case. In late August the city of Boulder announced it is not enforcing its “assault weapons” ban until it can “legally coordinate” with its neighboring jurisdictions. On Sept. 16 Federal judge Raymond P. Moore declined to combine four lawsuits that have been initiated in Boulder County and its towns into one. He commented,”If anyone thinks the district court is going to have the last say on this, they’re kidding themselves. Come on.”
The City of Broomfield is reported to be considering 6 new ordinances with an effective date of Dec. 1. However, there have been no votes as of Oct. 21, 2022.
Nguyễn v. Bonta: A case filed by SAF and FPC in Sept. 2020 after the passage of California’s one-gun-a-month law. As a result of the SCOTUS Bruen decision, a brief, focused on “text and history”, was filed by the plaintiffs on Sept. 16 at the request of District Court Judge William Hayes.
Nichols v. Newsom: Junior Sports Magazine, et. al v. Bonta: An emergency motion for a writ of mandamus has been filed. 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.”
VanDerStok v. Garland: Sept. 2 Judge Reed O’Connor stated that the “definition of a firearm in the Gun Control Act does not cover all firearms parts” and granted a preliminary injunction to plaintiff Tactical Machining, but not to its customers and requested further briefing. Firearms Policy Coalition (FPC) filed a lawsuit on Aug. 11 challenging BATFE’s new rule concerning the treatment of “receiver blanks, unfinished frames or receivers, or 80% frames or receivers”as firearms in the United States District Court for the Northern District of Texas.
Ocean State Tactical v. Rhode Island has converted their Temporary Restraining Motion to a Motion for a Temporary injunction against the 10-round magazine law that recently passed the legislature.
B&L Productions v. Newsom: B&L Productions (Crossroads of the West), California Rifle & Pistol Association, Second Amendment Foundation, Asian Pacific American Gun Owners Association, and others filed a lawsuit in federal court that challenges state Senator Min’s legislation, SB 264, banning gun shows by prohibiting the sale of firearms, firearms parts and ammunition at the Orange County Fairgrounds.
SoCal Top Guns v. Bonta: A coalition of groups that offer and promote youth-firearm safety, youth-shooting sports, and youth-hunting and hunter-education programs filed a lawsuit challenging a newly passed California statute that prohibits them from promoting those programs. An article in thereload.com demonstrates how California’s AB2571 is affecting the careers of Olympic shooters.
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.”That rule regulated unfinished, nonfunctioning firearm components identically to finished and operational firearms.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. Louisville: RMGO has agreed to withdraw their motion for a TRO as Louisville will stay enforcement of its magazine and so-called assault weapons ban.
Cheeseman v. Platkin: A challenge to New Jersey’s “assault weapons ban” in the US District Court for the District of New Jersey.
National Shooting Sports Foundation v. Letitia James: This case deals with the enactment of a NY law to hold the gun industry civilly liable for “public nuisances.” NSSF filed this case on Dec. 16, 2021 and then in May 2022 Judge Mae D’Agostino ruled in favor of the defendant. NSSF has now appealed this ruling to the US Court of Appeals for the Second Circuit. The Attorneys for the Appeal are Clement & Murphy.
Ban on firearms for citizens ages 18-21 in federal court
Andrews v. McCraw: On Sept. 20 the Texas Department of Public Safety appealed to the Fifth Circuit Court. A decision was announced on August 24, 2022 based on the SCOTUS Bruen decision. This case was initiated in 2021 against the Texas law prohibiting citizens who are between the ages of 18 to 21 “from fully exercising the right to keep and bear arms.” Judge Mark T. Pittman wrote that the Texas law that “prohibits law-abiding 18-to-20-year-olds from carrying handguns for self-defense outside the home based solely on their age, this statutory scheme violates the Second Amendment, as incorporated against the States via the Fourteenth Amendment.”
Jones v. Bonta: Originally Jones v. Becerra. The US District Court for the Southern District of California “held that California’s ban was a severe burden on the core Second Amendment right of self- defense in the home.” After California appealed to an “en banc” panel of the Ninth District Court of Appeals, the Ninth Circuit granted the request and then vacated and remanded the case “consistent with the US Supreme Court’s decision in NYSR&PA v. Bruen.
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 Aug. 17, 2021 before the US Court of Appeals 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.
