By Tanya Metaksa
What’s New—Biden Administration: New Pistol brace regulation published on Friday the 13th; State legislatures: By the end of January all states with the exception of NV, OK AL, FL and LA will have convened; California: Assemblyman Damon Connolly introduced AB92, banning body armor; Florida: HB215, prohibits firearm possession in sensitive locations that include most areas that are government controlled, cannabis premises, medical facilities, churches, schools, public transportation, premises where alcohol is served, and entertainment venues has been introduced; Illinois: County Sheriffs will not be enforcing IL assault weapons ban in a high percentage of counties; Maryland: MD State Police approve 80,000 new handgun permits since Bruen decision; Nebraska: Judiciary Committee will consider LB77, constitutional carry; New Mexico: HB9, a gun owner liability bill, will be considered by the House Consumer and Public Affairs Committee; HB100, requiring a 14-day waiting period prior to receiving a purchased handgun , has been introduced; New York: SB430, prohibiting live ammo on a film production introduced; Utah: Committee votes down SB50; Virginia: the legislature convened on Jan. 11 and the first gun control hearing set for today on SB901; West Virginia: SB10, a campus self-defense bill, passed the Senate Judiciary Committee; Washington: A hearing on 4 gun bills was well attended in Olympia with pro-gunners vastly outnumbering the anti-gun supporters.
2023 Congressional Activity/Biden Administration
Biden Administration: As previously reported, on Friday the 13th,the Biden Administration’s BATFE (ATF) finalized new regulations that consider any firearm with a stabilizing accessory, commonly known as a pistol brace, to require a federal license under the National Firearms Act. Many gun owners have agreed that the Final Rule is “as clear as mud,” and the Second Amendment Foundation already has a legal action in the works. Attorney General Merrick Garland stated, “Today’s rule makes clear that firearm manufacturers, dealers, and individuals cannot evade these important public safety protections simply by adding accessories to pistols that transform them into short-barreled rifles.”
H.R. 38, introduced by US Rep. Richard Hudson (R-NC) with bipartisan support and 118 original co-sponsors, would protect law-abiding Right-to-Carry permit holders from navigating a patchwork of varying gun control laws when crossing a state line.
H.R. 53, the Firearm Industry Nondiscrimination (FIND) Act, has been introduced by US Rep. Jack Bergman (R-Mich). The bill has 55 original co-sponsors. This legislation prohibits the Federal Government from entering into contracts with corporate entities that discriminate against a firearm or ammunition industries.
2022-2023 Politics – Oregon Measure 114, 2023 Governors’ races
Oregon-Measure 114: There has been no recent action in any of the five lawsuits (four federal, one state-level) challenging this measure. We will update as soon as any action is announced.
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. The state has asked the state Supreme Court to overrule Raschio’s order.
2023 Governors Races: Three states will be electing governors in November: Kentucky, Louisiana and Mississippi. Kentucky: In Kentucky the primary for the nomination is May 16. The filing closed on Jan. 6 and there are multiple candidates on the Republican slate as they will be scrambling to oppose current Democrat Governor Andy Beshear. Beshear’s gun stance is mixed: when running for election four years ago, he touted red flag laws, but has not pushed for them and in 2021 signed a bill, SB8, over the teachers’ union objections that required Kentucky schools to have at least one armed police officer. SB8 passed both Houses by large majorities and became effective immediately.
State Legislatures/Local communities
States currently in session: Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Puerto Rico, South Carolina, South Dakota, Tennessee, Texas, Rhode Island, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Alaska—the state legislature convened on Jan. 17.
California—When you thought there were no more gun laws to introduce here comes Assemblyman Damon Connolly introducing AB92, banning body armor.
Colorado—Rep Julie McCluskie, an anti-gun activist, was elected Speaker of the House. She has the power to Chairs of all committees and oversee the movement of legislation. She has just announced bills that will expand “Red Flag” gun confiscation, 10-day waiting periods, and raising the age limit on who can purchase a firearm. Broomfield: The City Council considered nine separate ordinances at its Jan. 10 meeting. Two of the nine were postponed to a June 13 meeting: Ord. 2189-changing the minimum age for purchase to 21 years-of-age and Ord. 2192-requiring a 10-day waiting period and proof of training for purchase of a firearm. The remainder were adopted: banning “ghost guns,” banning rapid-fire triggers, banning both open and concealed carry of firearms in any City Council property, and updating definition in the city code. Rocky Mountain Gun Owners have a petition to Stop Colorado’s Assault Weapons Ban. Click on the link to add your name.
Florida: A sensitive location prohibition similar to New York’s law has been introduced. HB215 wouldprohibit firearm possession in sensitive locations that include most areas that are government controlled, cannabis premises, medical facilities, churches, schools, public transportation, premises where alcohol is served, and entertainment venues.
Hawaii: The State legislature convened Jan. 17. Although Honolulu 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 Jan. 12 Committee on Public Safety did not include Bill 57. The opposition testimony presented by Michel & Associates, counsel for Hawaii Rifle Association, Second Amendment Law Center and FFL Guard is comprehensive and well written.
Illinois: According to a county map of Illinois on Twitteronly 2 counties have said they would enforce HB5471. HB5471, a comprehensive “assault weapons” ban passed and was signed by Gov. Pritzker at the last minute of lame duck legislature. Expect lawsuits being filed. A good analysis of the law can be found here.
Maryland: MD State Police approve 80,000 new handgun permits since Bruen decision. Several gun bills have been introduced mimicking the NY, NJ and CA answer to Bruen: SB1 and SB118. Additionally, SB86, raising the age to 21 for all long gun purchases, and an anti-firearms industry bill, SB113.
Mississippi: Four anti-gun owning citizen bills have been introduced in the legislature: HB54 and HB 100 requiring mental health evaluation before getting a Right-to-Carry permit; HB80, allows a government agency to remove firearms from a person voluntarily receiving mental health services and HB 99, raising the age to 21 for all gun purchases and gifts.
Missouri: HB282 and SB224, allowing the carrying of firearms on public transit, have been introduced.
Nebraska: LB77, a constitutional carry bill, has been introduced.
New Mexico: The legislature has convened and Gov. Michelle Lujan Grisham “called for a series of gun-control measures in the 60-day legislative session during her State of the State address, including a ban on so-called “assault weapons” and legislation that would allow victims of gun violence to sue firearm manufacturers.” Additionally she “called for closing a loophole on so-called straw purchases that allow criminals ‘to exploit the system to get a firearm’” and so-called storage legislation. HB9, a gun owner liability law identical to one from last year, has also been introduced and will beconsidered by the House Consumer and Public Affairs Committee on Jan. 24. The penalty for violating such a law is a fourth-degree felony. HB50, making it a felony to buy and/or even own a magazine holding 10 or more rounds, HB100, requiring a 14-day waiting period prior to receiving a purchased handgun has been introduced, and final really bad bill HB101 by Andrea Romero (D), demands you surrender, dispose, or destroy certain semiautomatic rifles or become a felon. No grandfather clause. No compensation.
Santa Fe—The city council is holding a meeting this Wednesday, Jan. 25 and will vote on a resolution directing the city manager to post signs informing the public that it will be a fourth degree felony to carry a firearm into any city controlled school property. This could include any property controlled by the city such as garages, libraries where students participate in school sanctioned activities.
New Jersey: 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. 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.
New York: SB430, prohibiting live ammo on a film production has been introduced. A twitter user named @GunsNewYork tweeted, “Any chance of an amendment to rename the Alex Baldwin Act?” SB929, would limit the sale “ammunition for assault weapons” to “two times the capacity” of the owner’s gun within a 120-day time frame.
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.
Oregon: HB2572, creates a new definition for civil disorder which is defined as unlawful paramilitary activity and allows for civil action against persons engaging in the paramilitary activity
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 started on January 10, 2023.
Utah: On Thursday the Senate Natural Resources, Agriculture and Environment Committee considered SB50, a bill that included a 10-day waiting period before delivery of a handgun and a new definition of a so-called “assault weapon.” The vote was 6-2 to turn down SB50.
Virginia: The first gun control hearing set for today for SB901, criminalizing the leaving of a handgun in an “unattended vehicle.” Many gun bills have been filed this session. However, with a pro-gun House of Delegates and a Senate led by the anti-gun Democrats it is hopefully likely that nothing will pass this session.
Washington: The legislature has convened and there is a controversy over the bump stock “buyback” program and editor Dave Workman discusses a pre-filed bill, SB5078, and other bills on this site. Additionally, public hearings were held on HB1178, repealing preemption, HB1240, banning semi-automatic rifles, and two bills, HB1143 and HB1144, that include a waiting period, training requirement and a permit to purchase. In Dave Workman’s article about the hearing he emphasized that opponents of all four bills vastly outnumbered the anti-gun proponents. The ratio ranged from better than 2-1 to more than 3-1 against.
West Virginia: SB10, the Campus Self-Defense Bill, allows law-abiding Right-to-Carry permittees to carry on a college campus, has passed the Senate Judiciary Committee and now will be voted upon in the full Senate.
Judicial
ATF’s bump stock ban—Cargill v. Garland: As previously reported, during the last half of 2022 the US Supreme Court rejected (by denying those cases certiorari) three challenges to the Trump era ATF ban on bump stocks. The rule has ignited a firestorm within the Second Amendment community, especially on social media.
Ten days ago, 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 US Supreme Court might grant certiorari and take up the case in the next term that would start in the fall of 2023.
Watch for this week’s Judicial Update, to be published this Wednesday.
