By Tanya Metaksa
What’s New— Congressional: Kevin McCarthy elected Speaker of the House on 15th ballot; State legislatures: By the end of January all states with the exception of NV, OK AL, FL and LA will convene; Colorado: gun laws expected to be a priority in the 2023 legislature; Illinois: An assault weapons ban is on a fast track for passage; Maryland: new anti-carry bill is being proposed in Prince Charles County with a hearing on Jan. 11; New Jersey: The NJ legislature and Gov. Phil Murphy followed NY and CA tactics to change one unconstitutional law for a new one; Ohio: Gov. Mike DeWine signs bill guaranteeing 2A rights during an emergency; Political/Judicial: Oregon Measure 114: Judge Raschio’s TRO is still in effect—holding up the implementation of Measure 114; Cargill v. Garland—a bump stock ban in the Fifth Circuit is rejected.
2023 Congressional Activity/Biden Administration
Finally on Jan 7, Rep. Kevin McCarthy (R-CA) became Speaker McCarthy after suffering for 14 losing votes as a result of a group of 20 conservative representatives who refused to vote for him unless he agreed to procedural concessions. According to news reports the two most consequential concessions were to put three members of the Freedom Caucus on the House Rules Committee and to allow any member to request a vote to oust the speaker. The vote to oust the Speaker is a privileged motion that takes precedent over any motion other than a motion to adjourn. McCarthy’s tenure could be short lived if any member decides to invoke this motion.
2022 Politics – Oregon Measure 114
Oregon-Measure 114: There are now five lawsuits that have been filed against Measure 114, four federal and one in state court.
Oregon Firearms Federation v. Kate Brown, Fritz v. Rosenblum, Eyre v. Rosenblum, initiated by the National Shooting Sports Foundation on Dec. 1, Azzopardi v. Rosenblum, initiated on Dec. 2 that argues the gun sales will cease in Oregon, and Arnold v. Brown, initiated by Gun Owners of America in a state court with Judge Robert S. Raschio presiding. Raschio first issued a temporary restraining order (TRO) blocking Measure 114. The Oregon Supreme Court denied the defendants’ request to throw out the TRO. On Jan. 3, 2023 Judge Raschio issued an opinion letter that did NOT remove the background check provisions from the TRO that the state of Oregon had also requested. The TRO will stand until Raschio’s court determines the constitutionality of Measure 114.
State Legislatures/Local communities
The following states are still in session: Illinois (must adjourn by Jan 11 before Noon).
States currently in session: California, Connecticut, District of Columbia, Kentucky, Maine, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, Vermont, Wisconsin
States convening the week of Jan. 9: Arizona, Arkansas, Colorado, Delaware, Georgia, Idaho,Illinois, Indiana, Iowa, Kansas, Maryland, Michigan, New Jersey, North Carolina, Oregon, Puerto Rico, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia, Wyoming
California: SB2, Legislative Counsel has published a digest of what SB2 will accomplish. California’s answer to SCOTUS’ Bruen decision can be viewed here.
Colorado—Broomfield: The City Council had its first reading of a gun control package that includes a 10-day waiting period and proof of training, minimus age of 21 to purchase any firearm, banning “ghost guns”, and banning both open and concealed carry of firearms in any City Council property. The ordinance was approved with only 1 dissenting vote. A second reading and vote will be held on January 10, 2023. The proposed ordinance can be read here. Lakewood: The City Council of Lakewood proposed five gun control ordinances on 11-28-22. The agenda items for the next several meetings do not include any gun control ordinances at this time.
Hawaii: Although Bill 57, an ordinance that made almost any place except for a private home, a gun free zone, had its first reading on Nov. 29 and was vote 6-2-1, the agenda for the January 25 city council meeting does not include Bill 57 at this time. The opposition testimony presented by Michel & Associates, counsel for Hawaii Rifle Association, Second Amendment Law Center and FFL Guard is comprehensive and well written. Info on this ordinance can be found on the Hawaii Firearms Coalition page.
Illinois: SB2226, an assault weapons bill, passed the House Friday and is on the Senate calendar for action. Lawmakers need to get this passed before this coming Wednesday morning and the inauguration for the 2023 legislature is at noon.
Maryland: The Charles County Commissioners have proposed Bill No. 2022-51, banning the carrying of firearms in city-owned buildings. A public hearing will be held on Jan. 11.
Missouri: After a school shooting in St. Louis, Democrat politicians prefiling stricter gun laws in the legislature. Rep. David Smith (D) introducing the prohibition of anyone under 20 years of age to be able to purchase firearms and Rep. Peter Meredith (D) is proposing a constitutional amendment to require background checks on all firearms transfers and Right-to-Carry permits. It is also likely that red flag laws will be introduced.
New Jersey: The New Jersey legislative session started in Jan. 2022 and runs through October 2023. All the bills carryover into 2023. The Bruen response bill, A4769, has been signed into law by Gov. Phil Murphy. This law 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. According to critics, the most egregious and unconstitutional section is where it allows “select” public officials to be exempt from the no carry zones. More bills: A4557 will be upgrading the crime of manufacturing firearms from second to first degree. A4717, requiring psychological evaluation and in-home inspection as prerequisite to purchase firearms. S3003/A4502, expands sensitive places and S2847/A4369 prohibits possession of body armor.
Ohio: SB185, a bill guaranteeing 2A rights during an emergency, was signed by Gov. Mike DeWine on Jan. 3.
Oklahoma: HB1001, a bill to lower the age a citizen can carry a firearm, has been introduced by Rep.Jim Olsen (R) for the 2023 session.
Pennsylvania: HB2775, that would mandate a firearms eligibility license with mandatory training and added fees has been introduced. HB1929, that removes knives and switchblade knives from the prohibited weapons list, that passed the House 202-1 in April 2022, has now unanimously passed the Senate Judiciary Committee. It should now go to the Senate floor for a vote.
Texas: Anti-gun legislators have been busy prefiling bills for the 2023 legislature that starts on Jan. 10.
Washington: The legislature is scheduled to convene this coming week and already there is a controversy over the bump stock “buyback” program and Dave Workman discusses a pre-filed bill, SB5078, on this site.
Judicial
ATF’s bump stock ban—Cargill v. Garland: During the last half of 2022 the U.S. Supreme Court rejected (by denying those cases certiorari) three challenges to the Trump era ATF ban on bump stocks. On Friday US Court of Appeals for the Fifth Circuit ruled in Cargill v. Garland that the bump stock ban is unlawful. According to Judge Jennifer Walker Elrod a “plain reading of the statutory language, paired with close consideration of the mechanics of a semi-automatic firearm, reveals that a bump stock is excluded from the technical definition of ‘machine-gun’ set forth in the Gun Control Act and National Firearms Act.” As this ruling is in complete opposition to the cases that were previously rejected and for a significantly different reason, the U.S. Supreme Court might grant certiorari and take up the case in the next term that would start in the fall of 2023..
We are splitting the Grassroots Update into two (2) weekly columns. As a result of the Supreme Court decision in NYSR&PA v. Bruen last June, proponents of the Second Amendment have been filing lawsuits against gun laws both in the federal court system, and in state courts. As a result the amount of cases has just snowballed, thus the decision to split the Weekly Updates. This week’s Judicial Update will be published on Jan. 11.