By Tanya Metaksa
The legislative story of 2022 firearms laws demonstrates the significant political divide between the states.
The issue of constitutional carry issue is a case in point. Citizens in 25 states have that freedom, with the most recent five states added in 2022. Although gun owners who live Florida and Nebraska may get constitutional carry in 2023, the remaining 23 states become more difficult. Divided legislatures or a political split between the legislature and the governor can stymie the passage of any law and especially constitutional carry.
January
Constitutional Carry: As legislatures began their 2022 sessions, Constitutional Carry legislation was introduced in Alabama and Nebraska, in Indiana it passed the Committee on Public Safety, and in Ohio it passed the House 60-32. Gov. Brian Kemp of Georgia announced his support for constitutional carry.
Hawaii: In Honolulu the Police Department initiated online firearms registration as a result of Yukutake v. Conners.
Anti-gun legislation passed: In Denver an ordinance banning non-serialized firearms passed.
February
Constitutional Carry: In Alabama constitutional carry, HB272, passed the House by a 2/3 margin. In Colorado HB22-1033 was postponed indefinitely in a House committee. A bill, HB103, was introduced in Florida. Two bills, HB1358 and SB319, were introduced in Georgia. In Indiana, HB1077, passed the House. A hearing on LB773 was held in Nebraska. In West Virginia HB4038 expanding constitutional carry to 18-21 year olds has been introduced.
California and Connecticut: Gov. Newsom introduced a new package of gun laws as did Gov. Ned Lamont in Connecticut.
Illinois: Gov. J.B. Pritzker signed HB2791, increasing the number of communities that can apply for grant money for gun violence programs.
Maine: A bill to expand Maine’s red flag law failed in committee.
Pennsylvania: Gov. Wolf vetoed HB979, bill strengthening preemption.
Vermont: Gov. Phil Scott vetoed S30, an omnibus gun control bill.
March
Constitutional Carry: Three more states enacted constitutional carry: Gov. Kay Ivey of Alabama signed HB272, Gov. Eric Holcombe of Indiana signed HB1296, and Gov. DeWine signed SB215.
Politics: Beto O’Rourke, the failed Presidential candidate, becomes the Texas Democrat candidate for Governor.
Michigan: Gretchen Whitmer vetoed SB11, that prohibited the Michigan State government from restricting Second Amendment rights during a declared state of emergency.
Utah: Gov. Gary Herbert signed SB115, Enhanced Preemption.
Washington: Gov. Jay Inslee signed HB1705, banning so-called ghost guns; HB1630, prohibiting anyone from carrying firearms at municipal meetings and off-campus school board meetings; and SB5078, a ban on magazines holding more than 10 rounds
West Virginia: Gov. Jim Justice signed HB4048, allowing law-abiding citizens to have loaded firearms in their vehicles.
Wyoming: Gov. Mark Gordon signed SF102, Second Amendment Protection Act.
April
Politics: In Florida Moms Demand endorsed Nikki Fried for governor; in Georgia Giffords endorsed Stacey Abrams for governor.
Colorado: Gov. Jared Polis signed HB22-1168,hunter education legislation and HB22-1086, banning open carry at polling places.
Georgia: SB319, constitutional carry, was signed by Gov. Brian Kemp at Gable’s Sporting Goods, Douglasville, GA
Kansas: Gov. Laura Kelly signed HB246, a lifetime hunting and fishing permit for children.
Maryland: The legislature overrode Gov. Larry Hogan’s veto of HB1021, requiring gun stores to installvideo surveillance and extensive burglary alarm systems.
Wisconsin: Gov. Tony Evers vetoed two pro-gun bills—AB495, allowing persons to keep their firearms and ammunition in vehicles while dropping or picking up a student at school, and SB570, increasing firearms industry liability protections.
May
Constitutional Carry: Gov. Mike DeWine signed constitutional carry, HB227
Politics: Gov. Brian Kemp wins his primary for re-election and @GiffordsCourage endorses Stacey Abrams for Governor.
Connecticut: Gov. Ned Lamont signed budget bill including banning carrying on public transportation, polling places and open carry at demonstrations.
Illinois: Gov. J.B. Pritzker signed HB4383, originallya non-firearm bill, including a “ghost guns” amendment.
June
The US Supreme Court (SCOTUS) issued its opinion in New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen. By a 6-3 verdict written by Justice Clarence Thomas stated “The constitutional right to bear arms in public for self-defense is not ‘a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.’
Federal Legislation: Steve Dettelbach became BATFE Director on June 16; The BiPartisan Safer Communities Act passed the U.S. Senate with aye votes from 15 Republican Senators and 14 Republicans supported it in the House. It was signed by President Joe Biden on June 25, within 24 hours of its passage in the House. The three areas gun owners should be concerned about are the federal government’s support of state sponsored red flag laws, the stripping of constitutional rights from American citizens between the ages of 18-21, and the Brady law expansion in the area of persons rejected by the National Instant Check System (NICS).
Politics: A special election on Aug. 16 for Rep. Don Young’s remaining term will includeSarah Palin (R), Nick Begich (R) and Mary Peltola (D).
New Hampshire: Gov. Chris Sununu signed HB1636, allowing the carrying of a loaded firearm on an ATV.
Rhode Island:Gov. Daniel McKee signed H.6614, a large capacity magazine ban, H.7358, banning home made firearms, and H.7457, raising the age to own a firearm from 18 to 21.
July
Politics: IP 17 qualified for the ballot and became Ballot Measure 114, and was placed on the Nov. 8 ballot. In Iowa a ballot measure adding a “Second Amendment” to their state constitution was confirmed for the Nov. 8 vote.
California: Gov. Gavin Newsom signed eleven new anti-Second Amendment bills during the previous 2½ months.
August
The BATFE Frame & Receiver rule went into effect on Aug. 25.
California: California gun owners faced a breech of the state’s databases of gun owners making public the personal information of perhaps “hundred of thousands of gun owners.
September-October
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.”
Politics: Alaska special election: Mary Pelota (D) won the special election for Representative from Alaska.
As a result of the Bruen decision legislative activity in the states of California, Hawaii, Maryland, New Jersey, and New York increased as lawmakers scrambled to maintain restrictive gun control.
November
Politics: The predicted red wave never materialized, but the U.S House of Representatives will be controlled by Republicans, with only a single digit margin, while the U.S. Senate is still under the thumb of Senator Chuck Schumer and the Democrats. Nine governors who signed constitutional carry bills since their original elections were on the ballot Nov. 8. All nine were reelected even though Everytown endorsed their opponents: Governor Mike DeWine of Ohio, Governor Brian Kemp of Georgia, Gov. Kim Reynolds of Iowa, Gov. Kristi Noem of South Dakota, Gov.. Christopher Sununu of New Hampshire, Gov. Kay Ivey of Alabama, Gov. Kevin Stitt of Oklahoma, Gov. Bill Lee of Tennessee and Gov. Greg Abbott of Texas. The Iowa referendum on a “Second Amendment” passed by a 2/3 majority, while Oregon’s Measure 114 just squeaked through.
Hawaii: In Hawai’i County, known as the Big Island, Bill 220, was slightly modified regarding “sensitive places” and passed on a vote of 5-1 by the council on Nov. 16. A summary of the bill can be found on BigIslandNow.com.
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,” After one revision on Nov. 15 the Council passed the bill on an 8-0 vote. Mark Pennak, President of Maryland Shall Issue, announced, “this will go into effect very rapidly and we’ll be moving in court, equally rapidly.” And a lawsuit has already been filed.
December
Colorado—Broomfield: in December the City Council had a first reading on its gun control package that includes a 10-day waiting period and proof of training, minimum age of 21 to purchase any firearm; banning “ghost guns”, banning open carry and banning concealed firearms in any City Council property. A second reading will be held in January 2023. Lakewood: The City Council proposed five gun control ordinances on Nov. 28. They proposed: 1.) Creating a 10-day waiting period for the sale of firearms; 2.) Raising the minimum age to purchase and possess a firearm to 21 years old; 3.) Requiring firearm dealers to post signage about the dangers of weapons in the home; 4.) Prohibiting guns in certain public places (open and concealed carry); and 5.) Prohibiting the possession of unserialized firearms, better known as “ghost guns bans”.
New Jersey: New Jersey’s Bruen response bill, A4769, passed the Senate 21-16, and went to Gov. Phil Murphy. He signed it within days, prompting federal lawsuits from the Second Amendment Foundation, and the Association of New Jersey Rifle & Pistol Clubs, the latter supported by the National Rifle Association. SAF was joined in its lawsuit by the Firearms Policy Coalition, the Coalition of New Jersey Firearm Owners and the New Jersey Second Amendment Society, along with three private citizens, Nicholas Gaudio, Jeffrey M. Muller and Ronald Koons.
