By Tanya Metaksa
What’s New—Constitutional Carry bills introduced and moving through legislature: Florida, Nebraska, and South Carolina; Latest news regarding Credit Card Code by credit companies; Colorado: The Senate has passed SB168, SB169 and SB170 these bills will now go to the House. House passed HB1219; Delaware; the legislature refusing to allow public comment or debate passed Senate Concurrent Resolution 12; Florida: SB214, the merchant category code for credit cards was approved by the Senate Rules Committee (14-5) after having passed 2 previous Committee votes; Hawaii: HB984, expanding gun free zones, and HB 426, allowing frivolous lawsuits against firearms manufacturers and sellers, have passed the Senate Public Safety Committee; Iowa: SF507, ensuring that taxpayer funds do not flow to businesses that boycott the firearm industry, passed the House. Kansas: HB2412, eliminating fees for Right-to-Carry permits, was passed by the House Committee on Federal and State Affairs; Maryland: SB1, a very restrictive state law in response to the Bruen decision, passed the Senate 31-16; Massachusetts: HB2334, creating an illegal firearm tracking and tracing task force, has been introduced; Michigan: The Senate passed three gun control packages that include the eleven bills; Minnesota: 76 Sheriffs pushing back against the DLF agenda; Montana: HB674 passed House Appropriations Committee; New Hampshire: House defeated three anti-gun bills; Nebraska: The first of three votes needed to pass a bill was successful. However, LB77, constitutional carry, will need two more votes to be sent to the governor. New Hampshire: On March 16 three anti-gun bills were defeated on the House floor; New Mexico: The legislative session has adjourned. Gov. Michelle Lujan Grisham signed HB9. North Carolina: The legislature passed SB41 and it now goes to Gov. Roy Cooper; Oregon: Three anti-gun bills promoted by Gov. Tina Kotek and Attorney General Ellen Rosenblum are scheduled for a hearing on March 22 at 5:00 PM before the House Judiciary Committee. SB551, requiring schools to provide information on “secure storage of firearms”, will be heard on March 28 by the Senate Education Committee; Pennsylvania: A new bill, HB465, banning the carrying of of any weapon including baseball bats to a public demonstration has been introduced; Washington: House Civil Rights and Judiciary Committee has scheduled an executive session (voting) for SB5078 on March 24; on the same day the Senate Committee on Law & Justice will hear HB1240, a gun ban bill, and HB1143, a bill requiring proof of training prior to firearms’ purchase.
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 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.
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 (NFA).
*S. 632, the ATF Transparency Act, introduced by Sen. James Risch (R-ID) allowing the transfer and registration of NFA firearms that were denied due to the 90-day limitation. The bill would take the ATF’s stated goal of 90 days to issue tax stamps and change it to a hard deadline. It currently has 6 co-sponsors.
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.
Financial Institutions and Gun Sales
Latest news on credit card companies and the Merchant Category Code from the National Shooting Sports Foundation (NSSF) All major credit card companies announced that plans to implement a special Merchant Category Code (MCC) for purchases at firearm retailers will be “paused.” NSSF is working with several state legislatures and Congress on legislation and other proposed measures to ensure the privacy of sales
State Legislatures/Local communities
Louisiana, the last state to convene—April 10, 2023; New Mexico, Utah, West Virginia and Wyoming have adjourned sine die
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 are not yet scheduled 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— AB97, banning unserialized firearms, passed the Public Safety Committee on March 7 by a 8-0 vote. AB301, the prohibition on owning body armor, has been amended by the author several times especially adding more exempt professions. On Mar. 2 it was scheduled for a hearing on March 14. SB2, which failed in the final minutes of the 2022 legislature, a revision of the carrying permit law, is being revived and pushed by Gov. Newsom. It currently has a hearing scheduled on March 28 before the Senate Committee on Public Safety. 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. FYI: for those Californians not living in LaVerne, CA you should check out their CCW fee schedule for their gold-plated CCW.
Colorado: The following bills passed the Senate: SB168, to sue firearms manufacturers, SB169, minimum age for firearms purchase raised to 21, and SB170, add more non-judicial people to the list who can file an Extreme Risk Protection Order to remove a person’s firearms. Senate Hearings are scheduled: March 20 for SB170, March 22 for both HB168 and HB169. HB1219, adding a new Delaware three-day waiting period prior to taking possession of a firearm, has passed the Senate State, Veterans and Military Affairs Committee. HB1230, an assault weapons ban, is still in the House Judiciary Committee.
Delaware: The legislature, refusing to allow public comment or debate, passed Senate Concurrent Resolution 12, declaring “gun violence” a “public health crisis” in both Houses. Governor John Carney is expected to sign it.
Florida: The constitutional carry bill, HB543, is now ready to be considered by the House after the legislative session begins. The Senate companion, SB150, passed 5-3 the Senate Fiscal Policy Committee on Mar 9 and is on the floor of the Senate. The Senate Rules Committee approved SB214, that would stop the use of the gun store MCC and even fine the credit card companies $10,000 per violation by a vote of 14-5.
Hawaii: SB1230, a post-Bruen bill that expands gun-free zones and requires mandatory insurance coverage, passed the Senate 22-3. The Senate Public Safety Committee passed both HB426, an anti-PLCAA bill, and HB984, an expansion of gun free zones, which have passed the House.
Idaho: The House on March 3 passedwith overwhelming margins HB189 and HB190, ensuring that the citizens of Idaho through their tax dollars do not do business with firms that boycott the firearms industry. The bills have been referred to House State Affairs/
Illinois: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: HSB173, allowing adults who are licensed to carry firearms to drive onto school grounds to pick up of drop off students. A subcommittee of the House Committee on Public Safety recommended Do Pass and the bill has been renumbered as HF654.
Kansas: HB2412, eliminating fees for Right-to-Carry permits, was passed by the House Committee on Federal and State Affairs last week. Attorney General Kris Kobach has stated his support for the bill. 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.
Massachusetts: HB2334, sets up an illegal firearm tracking and tracing task force and a Mass firearms ID card would be required to go to a gun show.
Maryland: SB1, a very restrictive state law in response to the Bruen decision, passed the Senate 31-16.
The bill was amended to remove some of the egregious “sensitive places”, but President Mark Pennak of Maryland Shall Issue stated, “It is still unconstitutional in its sweep to include multiple places as sensitive places.”
Michigan: On March 16, the Senate passed three gun control packages that include the following 11 bills: Package 1 (firearms transfers): SB76-Update references to pistol in penal code; SB77-Weapons; firearms; update references in sentencing guidelines; SB78-Adding penalties for storing or leaving a firearm accessible to a minor; Package 2 (storage requirements): SB79-Update weapons sentencing guidelines reference; SB80-the penalties for improper storage ; SB81-Sales tax exemptions for firearm safety devices; SB82-Use tax exemptions for firearm safety devices; Package 3 (red flag law): SB83-Enact extreme risk protection order act; SB84-Prohibit purchase of firearms if individual has an extreme risk protection order; SB85-Guidelines for making a false statement in support of an extreme risk protection order; SB86-Service of process for extreme risk protection order actions includes waiving court fees. House Judiciary Committee sent three anti-gun bills to House floor:HB4138-Require license or background check for purchase of firearms; HB4142-Update firearms references to pistol in penal code; HB4143-Update firearms references in sentencing guidelines, which were then passed by a vote of 56-53.
Minnesota: According to the MN Gun Owners Caucus, 76 Sheriffs are now pushing back against the DFL’s anti-gun agenda—up from 48 a week ago. The Public Safety Finance and Policy Committee adopted the following bills and re-referred 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: The House has passed HB1110 (87-26)that would stop the use of the gun store MCC and is was amended and passed in the Senate and has been returned for concurrence.
Missouri: HB282 and SB224, allowing the carrying of firearms on public transit, have been introduced.
Montana: HB674, creates an optional, enhanced concealed carry permit that will recognize Montanans’ concealed carry permits in five additional states, including WA, MN, NM, SC & DE, passed the House Appropriations Committee on March 17.
Nebraska: The first of three sequential votes needed to pass LB77, a constitutional carry bill, in the unicameral legislature, was successful (36-12). In the next two votes, which can be scheduled at any time, will need 33 Senators to overcome a filibuster and send the bill to the Governor. The bill now has 25 co-sponsors and there are 32 Republican Senators and 17 Democrats. On this first vote, four Democrats voted in favor of LB77. When this bill was before the Nebraska legislature in 2022, three Senators switched their votes on the second vote which effectively killed the bill. Passing a bill with a two-thirds majority is not an easy task.
New Hampshire: On March 16, three anti-gun bills were defeated on the House floor: HB76, a three-day waiting period, HB444, banning the carrying of firearms at polling places, and SB247, repealing NH’s limited liability law for the firearms’ industry.
North Carolina: The General Assembly put several bills together and passed SB41, a bill that expanded carrying on school property, repeal pistol purchase permits, and launch a safe storage awareness initiative. It now goes to Democrat Gov. Roy Cooper.
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: Adjourned. All bills with the exception of HB9, a gun owner liability law signed by Governor Lujan Grisham on March 14, did not pass through the legislature before adjournment on March 18, 2023. Although during the session Gov. Lujan threatened to hold a special session on firearms if she did not get her gun bills passed, in a press conference after adjournment, she said, she would continue to battle on crime legislation. And she made no apologies for her battle against guns.
New Jersey: 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: A5199, excise tax on ammo; 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 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 in January. Both bills failed in the House.
Oklahoma: HB1001, a bill to lower the age a citizen can carry a firearm, has been introduced by Rep.Jim Olsen (R) and passed the State Powers Committee on March 1. 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.
Oregon: Three anti-gun bills promoted by Gov. Tina Kotek and Attorney General Ellen Rosenblum are scheduled for a hearing on March 22 at 5 p.m. before the House Judiciary Committee. The bills are HB2005, a comprehensive anti-home built firearm bill; HB2006, prohibiting citizens 18-21 years of age from possessing semi-automatic firearms, and HB2007, weakening Oregon’s firearms preemption law. SB551, requiring schools to provide information on “secure storage of firearms”, will be heard on March 28 by the Senate Education Committee. However, there is no information on what it actually covers, who provides it or who assures it is accurate and not biased. 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: Another bill, HB465, banning the carrying of of any weapon including baseball bats to a public demonstration has been added to the following introduced bills: HB335, making an “accelerated trigger activator” a prohibited weapon; HB336, banning the sale or “assault weapon” and exempting current owners; HB337, requiring a 72-hour waiting period for firearms purchases; HB338, requiring the reporting of lost or stolen firearms within 72 hours; HB355, requiring the destruction of any recovered firearms that cannot be returned to their lawful owners within 120 days; HB226, concerning sale or transfer of firearms, introduced by 10 Democrats. The Judiciary Committee has hearing dates scheduled for March 14 and March 29, but only HB001 and SB001 are announced to be heard on March 14.
South Carolina: HB3594, a constitutional carry bill, passed the House 87-26 on Feb. 23 and is in the Senate Committee on Judiciary.
South Dakota: Gov. Kristi Noem signed 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. 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: Adjourned
Virginia: The following bills have passed the legislature: HB2467, allowing the use of a non-photographic ID in the purchase of a firearm, HB2387, a tax credit of up to $300 towards the purchase of a gun safe, and HB2298, allowing switchblade knives to be carried. They have been sent to Governor Youngkin.
Washington: On March 24 House Civil Rights and Judiciary Committee has scheduled an executive session (voting) for SB5078, an anti-firearms industry bill; on the same day the Senate Committee on Law & Justice will hear HB1240, an assault gun ban bill, and HB1143, a bill requiring proof of training prior to firearms’ purchase.
West Virginia: Adjourned
Wyoming: Adjourned
