By Tanya Metaksa
What’s New—Federal: The SHORT Act, S.163, has been introduced by Sen. Roger Marshall (R-KS); H.R.584, Stop Online Ammunition Sales Act of 2023, has been introduced by Rep. Bonnie Watson Coleman (D-NJ). Rep. Coleman was endorsed in 2022 by Michael Bloomberg’s Everytown organization: Constitutional Carry bills introduced and moving through legislature: Florida, Nebraska, and South Carolina; Arizona: the Senate passed SB1331 and SB1109; California: Hearing before the Assembly Committee on Public Safety Feb. 28; Florida: Constitutional carry bill, SB150, passed Criminal Justice Committee; California: CRPA letters to County Sheriffs appear to be helping free the log jam in Right-to-Carry pistol permit applications; Colorado: Anti-gun bills to be introduced in legislature beginning the last week in February; Florida: HB543, a constitutional carry bill, passes the House Judiciary Committee 17-6; The Senate companion, SB150, passed 5-3 the Senate Criminal Justice Committee on Monday Feb 20; Hawaii: Several bills are moving in the legislature; Honolulu: The city of Honolulu held a hearing on Feb. 22 on its revised Bill 57 regarding pistol carrying permits. Although the comments were 5-1 against enactment the vote to proceed was 6-3; Illinois: HB3967, an amendment to the IL Domestic Violence of 1986 Act, would remove the requirement that order of protection does not require the ‘respondent”, the person being denied 2nd Amendment rights, to be given notice of a hearing on the case; HB3238, possession of armor plate, body armor or military helmet would be illegal; McHenry County: Feb. 21, 2023 McHenry County voted to approve a resolution opposing IL gun ban law (HB5471); Iowa: House Study Bill 173, has been introduced in the House Committee on Public Safety; Kentucky: Kentucky: HB153, which invalidates federal firearms bans has passed the House by a vote of 78-19. HB475, An assault weapons bill wouldmake it a felony to possess a magazine that can hold more than 7 rounds without a license from the State Police; New Hampshire: The House defeated the following bills: HR8, HB158 and HB191; New Mexico: the following bills could be considered on Feb. 27 in the Senate Judiciary Committee: SB171 and HB9; North Carolina: The House of Representatives passed HB50, repealing the permit-to-purchase state requirement 67-48; South Carolina: HB3594, a constitutional carry bill, passed the House 87-26; Texas: HB2837, a bill to prevent the use of a firearm specific banking code, has been introduced; Vermont: A bill, S4, that included banning people under 21 years of age from purchasing semiautomatic firearms, was stripped of that provision; Washington: HB1143, HB1240 and SB5078, are awaiting action in Rules Committee; West Virginia: SB10, the Campus Self-Defense Bill, allowing law-abiding Right-to-Carry permittees to carry on a college campus, has passed the House 84-14; Wyoming: SF148, an enhanced preemption law regarding firearms laws, is awaiting a vote in the House.
2023 Congressional Activity/Biden Administration
US Congress: Bills preceded by a * are newly added this week.
Pro-gun Bills
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,
H.R. 53, the Firearm Industry Nondiscrimination (FIND) Act, introduced by U.S. 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.
*S.163, The SHORT Act, has been introduced by Sen. Roger Marshall (R-KS). This bill removes certain short-barreled rifles, short-barreled shotguns, and other weapons from the definition of a firearm for purposes of regulation under the National Firearms d(NFA).
Anti-gun bills
S.173 A safe storage law, named “Ethan’s Law” was introduced by Senators Richard Blumenthal (D-CT) and Chris Murphy (D-CT), penalizing any adult that allows a minor, less than 18 years of age, to gain possession of a firearm. The bill’s storage requirements are onerous and the penalties include forfeiture of the firearm, jail time and fines. Rep. Rosa DeLauro (D-CT01) is submitting a companion bill, but no bill has yet been submitted.
*H.R.584, Stop Online Ammunition Sales Act of 2023, has been introduced by Rep. Bonnie Watson Coleman (D-NJ). Rep. Coleman was endorsed in 2022 by Michael Bloomberg’s Everytown organization. All sellers of ammunition would be licenses and required to confirm identity of the buyer in person with a photo ID. And all purchases of more than 1,000 rounds would be required to be reported to federal, state and local law enforcement.
H.R.715: Brian Fitzpatrick, a Republican Representative from PA who voted for the 2022 Assault Weapon ban in Congress, has now authored HR715 that would implement a gun registry. HR715 has 180 cosponsors.
S.1522, with 43 co-sponsors on Feb 1. Senators Diane Feinstein (D-CA) and the two Democrat Senators from CT,Chris Murphy and Richard 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.
BATFE
According to John Crump in Ammoland.com BATFE is “targeting FFLs with license revocations.” He goes on to say “The ATF will shut down the gun store if an FFL fails to run a background check or verify an alternate permit. Certain states, like Arizona, allow a concealed carry permit to be used instead of running a NICS check. If an FFL runs a NICS check and it is delayed, the FFL can transfer the firearm legally after three days. If the FFL transfers the gun early, this is reason enough for the FFL to have their license revoked.” During the Clinton administration this type of enforcement caused approximate a 50% drop in the number of FFLS in the US. This overzealous enforcement by BATFE can have disastrous result to the entire industry and its customers.
2022-2023 Politics – Oregon Measure 114
Five cases seeking the denial of implementing Measure 114 have been filed. The most important one for Oregon gun owners is 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 and has issued another one as well. This case was appealed to the Supreme Court of the State of Oregon. On Feb. 9, the Court issued a terse Opinion: “The petition for a writ of mandamus is denied without prejudice. The motion for stay is dismissed as moot without prejudice.”
State Legislatures/Local communities
Two states not in session: Alabama will begin March 7, 2023 and Louisiana begins April 10, 2023. Florida begins its session March 7, but committees have been meeting and voting on bills for the past weeks and bills are ready to be considered in floor votes as soon as the legislature convenes.
Alaska: HB61 and its companion bill SB63 were introduced in a bipartisan effort to get this concept passed into law. The bills prevent the prohibition, regulation, or seizure of citizens’ Second Amendment rights during a declared State of Emergency unless all forms of commerce are effected. The bills will be heard in their respective Community and Regional Affairs Committees.
Arizona: The Senate has passed both SB1331, allowing parents of a child who is a student at a public school to carry on school grounds, and SB1109, removing suppressors from prohibited weapons category.
California—The Assembly Committee on Public Safety is holding a hearing on Feb. 28 to consider three more anti-gun bills: AB97, a bill to increase penalties on home built firearms from misdemeanors to felonies, and two body armor bills, AB301 and AB92. AB92, the prohibition on owning body armor, has just been amended by the author, Assemblyman Damon Connolly to add animal control officers, private investigators, attorneys, journalists and more to the list of “professions” that would be exempt, SB2, which failed in the final minutes of the 2022 legislature, is being revived and pushed by Gov. Newsom. Carry permit information: According to @MorosKosta on Twitter, the letter sent by CRPA attorneys at Michel & Associates is beginning to get some traction. If any California pistol permit applicants are not up to speed on current requirement, show them this letter put online by CRPA attorneys at Michel & Associates. Follow Attorney @MorosKosta on twitter for info on carry permit applications in California.
Colorado: According to the Denver Post, the anti-gun Democrats in the legislature are assembling several anti-gun bills into a package that will be introduced in the coming days and weeks. The first bill will be banning anyone under 21-years-of-age from purchasing a firearm.
Florida: The constitutional carry bill, HB543, is now ready to be considered by the House after the legislative session begins on March 7. The Senate companion, SB150, passed 5-3 the Senate Criminal Justice Committee on Feb 20.
Hawaii: The State legislature convened on Jan. 17. Several new bills have been introduced H110/SB234, SB11, SB121, SB122 and SB166. On Feb. 24 the House Finance Committee deferred HB984, a sensitive places bill requested by Gov. Josh Green. HB426, an anti-PLCAA bill, is awaiting a vote in the House. 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. Hawaii—Honolulu: The city of Honolulu held a hearing on Feb. 22 on its revised Bill 57 regarding pistol carrying permits. Although the ratio of comments was 5-1 against enactment the vote to proceed was 6-3. The bill would ban legally permitted guns in so-called sensitive places, like schools, parks, public transportation and government buildings.
Illinois: McHenry County commissioners approved a resolution opposing the IL gun ban law (HB5471) on Feb. 21. HB3967, an amendment to the IL Domestic Violence of 1986 Act, would delete the text in the law that is struck out:
| (1) was issued after a hearing |
thus denying the accused his day in court;HB3238, possession, sales, transfer of armor plate, body armor or military helmet would be illegal; 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.
Iowa: House Study Bill 173, allowing adults who are licensed to carry firearms to drive onto school grounds to pick up of drop off students. It is currently before the House Committee on Public Safety.
Kansas: The Senate Committee on Federal and State Affairs recommended that SB116, a bill to expand access to firearms safety education, do Pass. In past sessions similar bills have been vetoed by Gov. Kelly,
Kentucky: HB153, which invalidates federal firearms bans has passed the House by a vote of 78-19.
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, primarily SB1 and SB118 have not been introduced but will mimic the NY, NJ and CA answers to Bruen. Additionally, SB86, raising the age to 21 for all long gun purchases, has also been introduced.
Michigan: Several anti-gun bills were introduced in the State Senate last week.
Minnesota: HF1165, allowing counties to ban shooting on private property passed the House on a party-line vote. It now goes to the State Senate. HF1036, a bill to allow hunters to use non-lead bullets has passed the House Agriculture Committee and is awaiting action in the House Appropriations Committee. The Public Safety Finance and Policy Committee adopted the following bills and re-referred them to House Ways & Means: 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.
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: The Judiciary Committee has sent LB77, a constitutional carry bill, for a vote in the legislature.
North Carolina: The House of Representatives passed HB50, repealing the permit-to-purchase state requirement 67-48.
New Hampshire: The House defeated the following bills: HR8, a resolution urging Congress to pass an “assault weapons” ban, HB158, banning so-called armor piercing ammunition, and HB191, allowing state agencies to destroy voluntarily surrendered firearms.
New Mexico: Bills moving: HB9, a gun owner liability law identical to one from last year, and HB9, a penalty bill that will created a firearms’ storage requirement, will be considered by the Senate Judiciary Committee on Feb. 27. TheHouse Consumer & Public Affairs Committee advanced two bills: HB100, requiring a 14-day waiting period prior to receiving a purchased handgun, and a committee substitute for HB101 by Andrea Romero (D), that demands you surrender, dispose, or destroy certain semiautomatic rifles, bans .50 BMG caliber firearms and ammunition, certain magazines, and would require registration of this banned weapons prior to March 1, 2024, or become a felon. Both these bills now go to the House Judiciary Committee. SB116, banning young adults age 18-20 from purchasing or possession any semi-automatic firearm passed the Senate Health and Public Affairs Committee.
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: Two bills, allowing the carrying of a firearm while attending church, SB41 and HB49, have passed their respective Houses. Hopefully the legislature can override a veto by Gov. Roy Cooper as he vetoed a similar bill in both 2020 and 2021. Rep. Bobby J. Cox has introduced HB3594, a permit less 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 in January.
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: HB3594, a constitutional carry bill, passed the House 87-26 on Feb. 23.
South Dakota: SB98, a bill that stops the requirement to be fingerprinted when seeking a renewal of an enhanced permit, has passed the legislature by overwhelming majorities. It now goes to Gov. Kristi Norm.
Texas: HB2837, a bill to prevent the use of a firearm specific banking code, has been introduced. HB1623, banning possession & 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: A bill,S4, that included banning people under 21 years of age from purchasing semiautomatic firearms, was stripped of that provision during a mark-up session in the Senate Committee on Judiciary. As a result, the title of the bill has been changed to “An act relating to a report on criminal justice-related investments and outcomes.” No votes have yet been taken.
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: The Senate passed HB2467, allowing the use of a non-photographic ID in the purchase of a firearm by a 40-0 vote and HB2387, a tax credit of up to $300 towards the purchase of a gun safe, has passed both Houses. Both bills are on their way to Gov. Youngkin. A bill allowing switchblade knives to be carried, HB2298, was amended in the Senate regarding stilettos, and then passed. It will have to go back to the House now
Washington: HB1178, repealing preemption, is dead for the session. The following bills are all in Rules Committee after being passed in the originating Committees. HB1143, a waiting period, training requirement and a permit to purchase, HB1240, banning so-called “assault rifles”, and SB5078, a state bill to allow lawsuits against firearms manufacturers and dealers.
West Virginia: SB10, the Campus Self-Defense Bill, allows law-abiding Right-to-Carry permittees to carry on a college campus, has passed the House 84-14.
Wyoming: SF148, an enhanced preemption law regarding firearms laws, is awaiting a vote in the House.
The weekly Judicial update is now published on Wednesdays, as the courts have become a virtual hotbed of activity since the Bruen decision.
