By Tanya Metaksa
What’s New—Constitutional Carry bills introduced and moving through legislature: Nebraska: Gov. Jim Pillen signed LB77 making Nebraska the 27th state with constitutional carry; South Carolina: There are 2 constitutional carry bills in the legislature: HB3594 and SB109. HB3594 has passed the House and is currently inthe subcommittee of the Senate Judiciary Committee which held a hearing on April 5 and amended it with more gun owner friendly amendments, however the Chairman of the Committee has held this bill over and it is possible that the legislature will adjourn before the Judiciary Committee acts; Biden Administration: BATFE Director Dettelbach promises enforcement of the pistol brace rule which is scheduled to start in May; U.S. House Judiciary Committee voted to advance H.J.Res.44, a resolution to disapprove of the BATFE’s rule on pistol braces. Colorado: Governor Polis had a bill signing ceremony April 28 for four bills; Connecticut: the language for HB6667, Gov. Ned Lamont’s gun ban bill is a comprehensive anti-gun bill that includes one gun a month, safe storage, prohibits open carry, ghost guns, carrying a loaded gun in a vehicle, and large capacity magazines, increases training requirements, and more; Delaware: SB2, the permit to purchase bill that includes a state-mandated training course, have a background check and be approved by the federal Homeland Security Department, and submit to fingerprinting, was introduced on April 19 and passed the Senate Judiciary Committee on April 26; Florida: The Senate passed SB214, and it is now on the May 1 Special Order calendar; Hawaii: Gov. Josh Green signed HB426 on April 26 and SB1230 has been amended in the conference committee; Indiana. The Indiana legislature has adjourned; Kansas: A vote to overrideGov. Kelly’s veto of HB2304, a bill to strengthen firearm safety education in the schools, failed by a vote of 83-41 in favor of overriding, falling one vote short. Minnesota: SB2909, the omnibus gun control bill that contains both red flag gun confiscations and universal background checks, has now passed both Houses and goes to Gov. Tim Walz, who is expected to sign it; Nevada: The Assembly passed AB355 and AB354, prohibiting the possession of a firearm on the grounds of any educational institution and in a car parked on such grounds, before the carry over deadline. Both have been referred to the Senate Committee on the Judiciary and they are scheduled for a hearing on May 13; Oregon: HB 2005 A has now become HB 2005-B, the bill promoted by Gov. Tina Kotek and Attorney General Ellen Rosenblum is scheduled for a vote on the House floor on May 2; if it passes it then would be prioritized in the Senate and not need to be approved by the Senate Judiciary Committee; Tennessee: A Special Session on Guns is likely after July 4. SB494/HB395 was signed by Gov. Bill Lee; Texas: HB2837, a bill to prevent the use of a firearm specific banking code, has been place on the General Calendar for a vote in the House; Vermont: H230, “an act relating to implementing mechanisms to reduce suicide,” is awaiting Third Reading on May 2; Washington: Gov. Inslee signed HB1240 and it became law immediately, drawing two federal lawsuits and one state challenge. He also signed HB1143 and SB5078.
U.S. Congress
House of Representatives
The House Judiciary Committee: Under the Chairmanship of Rep. Jim Jordan the House Judiciary Committee voted to advance H.J.Res. 44, a resolution to disapprove of the BATFE’s rule on pistol braces. A hearing was held on April 26 where BATFE Director Dettelbach testified before Congress and when asked about the pistol brace rule by Senators he stated that the rule actually “clarifies” the intent of the agency. If H.J. Res 44 does not pass gun owners should expect ruthless enforcement by the agency.
Politics
It is only 18 months to the 2024 Presidential election, but already candidates are having photos designed to appeal to certain political subgroups. Presidential Candidate Nikki Haley posed for this picture that made the rounds on Twitter..
State Legislatures/Local communities
Alabama: The House Judiciary Committee passed HB234, a bill to make the possession of “trigger activators” a felony.
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. HB61 passed the Community and Regional Affairs Committees and was referred to the State Affairs Committee. In the Senate Community and Regional Affairs Committees there was no recommendation for SB63 but it was referred to the Senate Judiciary Committee.
Arizona: Governor Katie Hobbs is busy with her veto pen: After vetoing SB1096, a bill to discourage discrimination against the firearms industry, she also vetoed SB1331, allowing parents of a child who is a student at a public school to carry on school grounds, and SB1428, that would have prevented localities from banning gun shows.
California—New Gun bills keep being introduced in California and three committees are holding hearings this week. All bills have not been voted upon as of May 1. Monday-the Assembly Revenue and Taxation Committee is hearing AB28, adding an excise tax of 11% on all firearms, firearms precursor parts and ammunition. Tuesday—the Assembly Public Safety Committee is hearing AB36, increasing the time a person subjected to a protective orders from possessing a gun to three years “after” the order has expired; AB732, expands current federal law regarding the relinquishing of firearms upon conviction of a prohibiting offense; AB733, prevents state and local government selling surplus firearms, ammunition and body armor; and AB1420, adds a requirement for firearms purchasers to list email address on state DROS forms and increases inspections of firearms dealers. Wednesday—Senate Insurance Committee will be hearing SB8, firearms liability insurance. A hearing was held before the Assembly Public Safety Committee on AB574, an over-the-top bill aimed at ensuring that whenever a person purchases a firearm that they certify, subject to a felony conviction, that they know where all their firearms are stored.
Colorado: Governor Jared Polis had a bill signing ceremony April 28 for four bills SB168, to sue firearms manufacturers, SB169, minimum age for firearms purchase raised to 21, SB170, add more non-judicial people to the list who can file an Extreme Risk Protection Order to remove a person’s firearms, HB169, raising the minimum age for purchase, and HB1219, a three-day waiting period. The House Judiciary Committee voted 8-5 to postpone HB1230, an assault weapons ban, indefinitely. The Senate Committee on State, Veterans & Military Affairs passed SB279 banning custom firearms, so called “ghost guns” and is awaiting action in the House Judiciary Committee. The Senate Committee on Local Government & Housing’s hearing on HB1165, a bill that allows counties to ban shooting on private property, was postponed to May 2.
Connecticut: Three gun bills were heard by the House Judiciary Committee and they had substitute language added: HB6667, Gov. Ned Lamont’s gun ban bill is a comprehensive anti-gun bill that includes one gun a month, safe storage, prohibits open carry, ghost guns, carrying a loaded gun in a vehicle, and large capacity magazines, increases training requirements, and more, HB6816, microstamping ammunition, age to purchase raised to 21, and bans body armor, and HB6817, clarifying a person’s right to own, possess or carry a firearm.
Delaware: SB2, the permit to purchase bill that includes a state-mandated training course, have a background check and be approved by the federal Homeland Security Department, and submit to fingerprinting, was introduced on April 19 and passed the Senate Judiciary Committee on April 26..
Florida: The Senate passed SB214, that would stop the use of the gun store MCC and even fine the credit card companies $10,000 per violation. It is now on the May 1 Special Order calendar.
Hawaii: Gun bills are passing in Hawaii with lightning speed. On April 11 HB426 passed in the House 21-3 and Governor Josh Green, signed it on April 26.SB1230, a post-Bruen bill that expands gun-free zones and requires mandatory insurance coverage, was amended and then passed in the House. The Senate disagreed with the Houses amendments. The House conference committee amended the bill and recommends that it pass. It is in the House currently.
Illinois:HB3238, possession, sales, transfer of armor plate, body armor or military helmet would be illegal, and 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, have been introduced.
Iowa: HF654, originally numbered HSB173, allowing adults who are licensed to carry firearms to drive onto school grounds to pick up or drop off students, was passed by the House 62-37 and was attached to SF543 that has already passed the Senate Committee on Judiciary.
Indiana. The Indiana legislature has adjourned.
Kansas: A vote to overrideGov. Kelly’s veto of HB2304, a bill to strengthen firearm safety education in the schools, failed by a vote of 83-41 in favor of overriding, falling one vote short.
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, is before the Joint Committee on Public Safety and Homeland Security.
Maryland: Although the legislature has adjourned they passedSB1, very restrictive legislation in response to the Bruen decision, HB824, increasing application fees for carry permits, and SB858, increases the age of a minor from 16 to 18 years of age for requiring firearms’ storage.
Minnesota: SB2909, the omnibus gun control bill that contains both red flag gun confiscations and universal background checks, has now passed both Houses and goes to Gov. Tim Walz, who is expected to sign it. The City of St. Paul—A proposed Ordinance 23-33 mandating safe storage with a locking device or in a safe, has been introduced. 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.
Missouri: The House passed HB282, allowing the carrying of firearms on public transit, and is before the Transportation, Infrastructure and Public Safety Committee.
Montana: The Senate passedHB659, give Right-to-Carry permittees a 30-day grace period in renewing permits, on April 13 and then on April 14 it also passed HB674, creates an optional, enhanced concealed carry permit that will recognize Montanans’ concealed carry permits in five additional states, both by a 45-5 vote. The bills now go to Gov. Greg Gianforte.
Nebraska: LB77, a constitutional carry bill, passed the Third reading and is on its way to Gov. Jim Pillen. When Gov. Pillen signs this bill Nebraska will be the 27th state to pass a constitutional carry bill.
New Jersey: Bills introduced: 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.
Nevada: The Assembly passed AB355, prohibiting anyone less than 21 years of age from possessing a firearm on and AB354, prohibiting the possession of a firearm on the grounds of any educational institution and in a car parked on such grounds, before the carry over deadline. Both have been referred to the Senate Committee on the Judiciary and they are scheduled for a hearing on May 13.
New York: Another anti-gun bill has been introduced—S5902, requiring proof of liability insurance prior to issuing a carry permit. More gun bills: A5199, excise tax on ammo; 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.
New Jersey: After a recent shooting incident AG Matthew J. Platkin, announced, “I remain committed to getting guns out of homes and off our streets.” NJ’s top cop couldn’t be clear in his anti-gun position.
Oklahoma: The following bills have passed the House: The following bills are in the Senate Public Safety Committee: HB1404, removing prohibition of transport of firearms on a boat; HB2051, recognizes self-defense on private property, HB2645, clarifies the carry exemption for certain areas, and HB2737, removes the prohibition against 45-caliber firearms on Right-to-Carry permits; HB2139, authorizes school boards to allow Right-to-Carry permittees to carry on school property, is currently before the Senate Education Committee;the following bills are in the Senate Judiciary Committee: HB2155, allows appeals in cases of self-defense, HB2644, allows persons to carry, transport and store firearms in locked vehicles;and HB 2646, clarifies showing of licenses to law enforcement; HB2647, prohibits civil actions against the firearms industry in currently before the Rules Committee. Other bills: SB721, clarifies the training requirements, has passed the Senate and the House Public Safety Committee has recommended DO PASS. Both SJR9, adding an OK Second Amendment to the OK Constitution, and HB1001, a bill to lower the age a citizen can carry a firearm, failed to meet the crossover deadline of 3/15/23 and are dead for the session.
Oregon: HB 2005 A has now become HB 2005-B, the bill promoted by Gov. Tina Kotek and Attorney General Ellen Rosenblum, now includes the old HB2006, prohibiting citizens 18-21 years of age from possessing semi-automatic firearms, and the old HB2007, and is scheduled for a vote on the House floor on May 2; then would be prioritized in the Senate and not need to be approved by the Senate Judiciary Committee. SB348, a bill that makes it almost impossible to purchase a firearm and is liable to become a felon, if they own a magazine for a firearm, has passed the Senate Judiciary Committee. SB393, that most of the members of the committee do not know what it does, appears to be a shell bill that Senator Prozanski can put any anti-gun proposal into and is in Senate Judiciary Committee. Bills awaiting action: SB551, requiring schools to provide information on “secure storage of firearms”. The Judiciary Committee without recommendation referred HB2572 to the Rules Committee per the order of the Speaker—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. HB001 was recommitted to the Judiciary Committee.
Rhode Island: On April 17 the House Judiciary Committee held a hearing on approximately 30 anti-gun bills. No action has been taken to date.
South Carolina: There are two constitutional carry bills in the legislature: HB3594 and SB109. HB3594 has passed the House and is currently inthe subcommittee of the Senate Judiciary Committee which held a hearing on April 5 and amended it with more gun owner friendly amendments, however the Chairman of the Committee has held this bill over and it is possible that the legislature will adjourn before the Judiciary Committee acts;
Tennessee: The regular legislature adjourned Sine Die. A Special Session on Guns is likely after July 4. SB494/HB395 was signed by Gov. Bill Lee.
Texas: The House Select Committee on Community Safety held a hearing on gun bills and passed several favorable to gun owners. HB2837, a bill to prevent the use of a firearm specific banking code, has been placed on the General Calendar of the House.
Vermont: The Senate Judiciary Committee held a hearing on H230, “an act relating to implementing mechanisms to reduce suicide,”is awaiting Third Reading on May 2. The bill enables an extreme risk protection order to be issued against a firearms owner as well as a waiting period for the transfer of a firearm between 72 hours and 7 business days.
Washington: On April 25 Gov. Inslee signed SB5078, a bill to bankrupt the firearms industry in Washington, HB1143, a bill requiring proof of training prior to firearms’ purchase, and HB1240, an assault gun ban bill, which became law immediately once it is signed.