By Tanya Metaksa
What’s New—BATFE: BATFE published the final rule on Firearms with Attached “Stabilizing Braces. Constitutional Carry bills introduced: Florida, Nebraska, North Carolina, South Carolina, and even Virginia; US Congress: Senators Cornyn and Haggerty introduced S.1522, Constitutional Concealed Carry Reciprocity Act on Feb. 1; California: Gov. Newsom is bringing back 2022’s egregious bill, SB2; Florida: a constitutional carry bill, HB543, has been introduced and is scheduled for a hearing in the House Subcommittee on Constitutional Rights on Tuesday Feb. 7; Kansas: SB116, a bill to expand access to firearms safety education has a hearing on Feb. 8; Maryland: SB113, this so-called “public nuisance” bill is designed to circumvent the federal PLCAA law, and is the subject of a Senate Judicial Proceedings Committee on Feb. 7; Minnesota: Four bills were heard bythe House Public Safety Finance and Policy Committee on Feb. 2:HF396, HF 14, HF15, and HF601; New Mexico: The New Mexico Senate Health and Public Affairs Committee is holding a hearing on SB171 on Feb. 6;The NM House Consumer & Public Affairs Committee is holding hearings on Feb. 7 on HB50, HB100, and HB101; HB9, passed the House Consumer and Public Affairs Committee on a partly line 7-4 vote. SB116, banning young adults age 18-20 from purchasing or possession any semi-automatic firearm passed the Senate Health and Public Affairs Committee; South Carolina: S109 and HB3594, constitutional carry bills, have been introduced; Virginia: The House passed a large number of pro-gun bills this past week; House Activity: HB2449, HB2460; HB2467; HB1462; HB1422; HB1407; and HB1427. Senate Activity: SB909, a bill allowing firearms transfers from a prohibited person to a non-prohibited person passed the Senate 22-17; SB1167, a bill that creates a civil case of action against a firearms industry member, was passed 21-19; Senate Committee Votes: SB1181, banning firearms manufacture, and SB1192, banning so-called assault weapons in public areas, have passed the Senate Judiciary and Finance Committees; SB1382, an assault weapons and large capacity magazine ban substitute ban, passed the Finance Committee and is awaiting action in the full Senate.SB1236, a preemption bill, was “passed by indefinitely” (killed) in Senate Judiciary Committee 9-6. Washington: The Senate Law and Justice Committee has scheduled a hearing for SB5232 for Feb. 9; other bills are moving.
2023 Congressional Activity/Biden Administration
BATFE: BATFE has published the pistol brace rule as promised on Jan. 31. All owners of these devices will have until May to comply and register their firearms.
US Congress: 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. Senators John Cornyn (TX-R) and Bill Hagerty (TN-R) have introduced the companion bill, S.1522, with 43 co-sponsors on Feb 1.
Senators Diane Feinstein (D-CA) and the two Democrat Senators from CT, Murphy and Blumenthal, announced the introduction of two anti-gun bills: The S.25, Assault Weapons Ban, and S.14, the Age 21 Act. In their press release they said, “Congressman David Cicilline (D-R.I.) will introduce a companion version of the Assault Weapons Ban.”
H.R. 53, the Firearm Industry Nondiscrimination (FIND) Act, introduced by US Rep. Jack Bergman (R-Mich). The bill has 55 original co-sponsors. This bill is aimed at financial institutions that discriminate against corporation that manufacture, sell, fix firearms and firearms parts and accessories. 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 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 Firearms Federation (OFF)
2023 Governors Races: Three states will be electing governors in November: Kentucky, Louisiana and Mississippi.
State Legislatures/Local communities
States yet to begin their 2023 session as of Feb. 6: Alabama, Florida, Louisiana,
California—SB2, which failed in the final minutes of the 2022 legislature, is being revived and pushed by Gov. Gavin Newsom. As gun ban groups clamored for more restrictions, California is going to try to make the entire state a “sensitive area” with the only exception being one’s place of residence. According to ABC7’s Liz Kreutz, “California lawmakers are announcing SB2 – which would establish stricter standards for who can get a CCW permit/carry a firearm in public. The bill would designate “sensitive areas,” like public parks, playgrounds, sports arenas, bars & amusement parks, where guns are off limits.”
Colorado—The Colorado Sun reports that Andrew Boesenecker will be sponsoring a slightly reduced version of an “assault weapons” bill and now the Sun reports that “civil penalties” are being considered. Although the bill has not been introduced yet, a “draft” version has been leaked. Citizens could own such weapons, but criminal penalties would be assessed for selling or trying to sell the firearms.
Florida: Although Florida does not officially start its regular session until March 7, 2023, the legislature is in special session and bill drafting and hearings are being undertaken. The final deadline for filing bills is March 7.A constitutional carry bill, HB543, has been introduced and is scheduled for a hearing in the House Subcommittee on Constitutional Rights on Tuesday Feb. 7. A sensitive location prohibition, HB215, similar to New York’s law has been introduced.
Hawaii: The State legislature convened on Jan. 17. SB882, Hawaii’s answer to the Bruen decision is nothing but a bad copy of NY’s CCIA law as it asks for 3 years of social history (a NY requirement) while HI permits are only good for 1 year. The bill includes increases Right-to-Carry training from 4 hours to 14 hours, requires names of adult family members living in same house, four references and social media accounts. It was introduced on 1/20/23 and passed the first reading on 1/23/2023. Although the city of 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 a second reading has yet to be scheduled. According to civilbeat.org, “The Honolulu Police Department is asking lawmakers to create a new misdemeanor offense for negligent concealment of a firearm.”
Illinois: HB1231, requiring banks, pawn shots, grocery stores and gas station in cities of more than 2 million to have an armed security guard during hours of operation, has been introduced.According to a county map of Illinois on Twitteronly 2 counties have said they would enforce HB5471, the comprehensive “assault weapons” ban signed by Gov. Pritzker.
Kansas: SB116, a bill to expand access to firearms safety education has been introduced again. A hearing is scheduled before the Senate Committee on Federal and State Affairs for Feb. 8. In past sessions similar bills have been vetoed by Gov. Kelly,
Maryland: SB113, the “public nuisance” bill is designed to circumvent the federal PLCAA law, and is the subject of a Senate Judicial Proceedings Committee on Feb. 7. The House companion bill, HB259 had its hearing on Jan. 30. Several gun bills have been introduced mimicking the NY, NJ and CA answers to Bruen: SB1 and SB118. Additionally, SB86, raising the age to 21 for all long gun purchases, has also been introduced.
Minnesota: On Feb 2 the following bills were before the Public Safety Finance and Policy Committee: HF396, a safe storage bill requiring locking devices to be included in every firearm transfer, HF14, a background check bill, HF15, a “red flag” bill, and HF601, requiring the reporting of stolen or lost firearms within 48 hours. In this state the ACLU is joining gun owners opposing anti-gun bills.
Mississippi: Four anti-gun bills have been introduced in the legislature: HB54 and HB100 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 HB99, 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 Hampshire: Hearings were held on Friday, Jan 27, and no action has yet been taken. The House State-Federal Relations & Veterans Affairs Committee held a hearing on HR8, a resolution urging Congress to pass an “assault weapons” ban, while the House Criminal Justice & Public Safety Committee held a hearing on HB158, banning so-called armor piercing ammunition.
New Mexico: Bills introduced: HB9, a gun owner liability law identical to one from last year, has been voted out of the House Consumer and Public Affairs Committee on a party line 7-4 vote. The penalty for violating such a law is a fourth-degree felony. It now goes to the full House for a vote.SB116, banning young adults age 18-20 from purchasing or possession any semi-automatic firearm passed the Senate Health and Public Affairs Committee. 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 a really bad bill, HB101 by Andrea Romero (D), that demands you surrender, dispose, or destroy certain semiautomatic rifles or become a felon, are scheduled for a hearing to be held on Tuesday, Feb 7 before the House Consumer & Public Affairs Committee. This committee will also hear HB164, a constitutional carry bill, at the same time.
New Jersey: All bills carryover into 2023. New 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: New gun bills introduced: AB1892, requiring the posting of signage when the rate of “gun violence” in a particular area exceeds the national rate was introduced;SB430, prohibiting live ammo on a film production set and SB929 that would limit the sale “ammunition for assault weapons” to “two times the capacity” of the owner’s gun within a 120-day time frame.
North Carolina: Rep. Bobby J. Cox has introduced HB3594, a permitless carry bill.
North Dakota: Two pro-gun bills, HB1401, making Extreme Risk Protection Orders (ERPO) illegal and HB1404, allowing a concealed carry on a college campus, were heard in the House Energy and Natural Resources Committee on Jan. 26.
Oklahoma: HB1001, a bill to lower the age a citizen can carry a firearm, has been introduced by Rep. Jim Olsen (R).
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.
South Carolina: S109, a constitutional carry bill, has been introduced.
Texas: HB1623, banning possession and transfer of firearms with removable magazines bigger than .22 has been introduced.
Utah: HB225, a bill to require agencies to run a background check on firearms when returning it to the owner and HB226, requiring the Bureau of Criminal Identification to inform local law enforcement when a buyer of a firearm is denied and creating an online process for identifying persons buying or selling firearms have been introduced. Neither of these bills are assigned to committees.
Vermont: S31, a bill to prohibit the open carrying of loaded firearms and prohibits the use of self-defense or defense of others to be used outside the home has been introduced.
Virginia: 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 hopeful that no anti-gun bills pass this session. HB1393, a constitutional carry bill, was heard on Jan. 30. The following bills passed in the House this past week: HB1427 A bill prohibiting local authorities from prohibiting the possession or carrying of firearms in public right of ways and public parks; HB2449, safeguarding Right-to-Carry permittees information; HB2460, allowing state employees to have firearms locked in vehicles on state property; HB2467, allowing the use of a non-photographic ID in the purchase of a firearm passed the House; HB1462, removing the 30-day wait after getting a new driver’s license to purchase a firearm; HB1422, adding USCCA firearms instructors for RTC license purposes; HB1407, allowing RTC permittee to store firearms in locked vehicle on private property; and HB1407, allows RTC permittees to carry in Capitol Square. Senate bills that passed the full Senate: SB1167, a bill that creates a civil case of action against a firearms industry member, and SB10, a bill expanding VA red flag law. SB909, a bill allowing firearms transfers from a prohibited person to a non-prohibited person. Senate bills that passed in committee: SB1181, banning firearms manufacture, and SB1192, banning so-called assault weapons in public areas, have passed the Senate Judiciary and Finance Committees. SB1382, an assault weapons and large capacity magazine ban substitute bill, passed the Finance Committee and is awaiting action in the full Senate. Lastly SB1236, a preemption bill, was killed in Senate Judiciary Committee.
Washington: The Senate Law and Justice Committee has scheduled a hearing for SB5232, the companion bill to HB1144 & HB1143, for Feb. 9. These bills will require training every five years to purchase firearms and would include background checks at the same time. After the Senate Law and Justice Committee recommended a do pass another hearing was held before the Senate Ways & Means Committee on SB5078, a state bill to allow lawsuits against firearms manufacturers and dealers, A Public hearing was held on HB1178, repealing preemption, but no action has been taken. Three bills—HB1240, banning semi-automatic rifles, and HB1143 & HB1144, a waiting period, training requirement and a permit to purchase, were passed in the Civil Rights and Judiciary Committees.
West Virginia: SB10, the Campus Self-Defense Bill, allows law-abiding Right-to-Carry permittees to carry on a college campus, has passed the full Senate.
Wyoming: Two pro-gun bills have been introduced HB105, implementing preemption and repealing gun free zones, and HB250, prohibiting extreme risk protection orders and implementing preemption. Hearings have not been scheduled for this bills yet.
Judicial-Federal
ATF’s bump stock ban—Cargill v. Garland: 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 US Court of Appeals for the Fifth Circuit has ruled in Cargill v. Garland that the federal 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 is based on 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.
The weekly Judicial update is now published on Wednesdays and a lot of activity is happening in the courts.
