By Tanya Metaksa
What’s New—Constitutional Carry: South Carolina: S109 advances to a floor vote in the Senate; Louisiana: HB131 was reported out of the Committee on Administration on May 17 and is scheduled for floor debate on May 23; US House of Representative: H.R. H.J. Res. 44, to overturn the Biden Pistol Brace Rule before it goes into effect on June 1, 2024. This House of Representatives Joint Resolution would provide for congressional disapproval of the BATFE promulgated rule; new bills introduced: H.R. 3155 i and H.R. 2985/S.1382; Alaska: The Alaska legislature has adjourned. HB61, passed the House 26-12 on May 3 and passed the Senate on May 16. It now goes to Gov. Mike Dunleavy; California: After the Assembly Revenue and Taxation Committee held a hearing on AB28, adding an excise tax of 11% on all firearms, firearms precursor parts and ammunition, it went to the Assembly Appropriations Committee which, on May 18 amended it to exempt not only employed peace officers but “retired” police officers from such tax, and another 7 bills are headed to votes in the Assembly and 3 are awaiting action in the Senate; Delaware: The House Judiciary Committee voted 5-4 to pass Senate Substitute 1 for SB2 on May 17; Illinois: legislature adjourned May 19; Louisiana: May 16 is Gun Day before the House Administration of Criminal Justice Committee; Maine: On May 17 the Inland Fisheries and Wildlife Committee held a work session on LD 1000, establishing a firearm safety group within the Department of Inland Fisheries and Wildlife: andthe Criminal Justice and Public Safety Committee held a hearing on 9 bills; Minnesota: SB2909, the omnibus gun control bill that contains both red flag gun confiscations and universal background checks, passed the House; Missouri: The legislature has adjourned and HB282 failed to pass; Minnesota: Both the Senate and House passed SF2909,a 522 omnibus public safety bill containing red-flag gun confiscation and universal gun registration. Montana: On May 18, Gov. Greg Gianforte signed HB674 thatcreates a law for an optional, enhanced concealed carry permit that will recognize Montanans’ concealed carry permits; Nevada: On May 17 Gov. Joe Lombardo vetoed AB355, prohibiting anyone less than 21 years of age from possessing a firearm, AB354, prohibiting the possession of a firearm on the grounds of any educational institution and in a car parked on such grounds, and SB171, expanding the prohibited persons categories; Oregon: Republicans in the Oregon Senate have been absent in an effort to deny quorum and block the Democrat majority a quorum. However, two Republicans in the House helped pass HB2572; South Carolina: Although the legislature adjourned, they are currently in a special session on budget, abortion and guns; Tennessee: A Special Session on Guns has been announced by Gov. Bill Lee beginning on Aug. 21, “to strengthen public safety and preserve constitutional rights; Memphis—despite a preemption law Memphis City Councilman JB Smiley has introduced an ordinance the ban the carrying of “assault” rifles and mandating car storage in a lockbox only; Vermont: Gov. Phil Scott signed H230, “an act relating to implementing mechanisms to reduce suicide;” Texas: HB2837, a bill to prevent the use of a firearm specific banking code, has passed the House and passed the Senate State Affairs Committee on May 15 and is on the intent calendar of the Senate.
U.S. Congress
House of Representatives
H.R. H.J. Res. 44, to overturn the Biden Pistol Brace Rule before it goes into effect on June 1, 2024. This House of Representatives Joint Resolution would provide for congressional disapproval of the BATFE promulgated rule.
H.R. 2985/S.1383, the HEAR Act (Help Empower Americans to Respond), a bill to ban the sale, possession of firearms suppressors. It also includes a mandatory “buy back” provision. The American Suppressor Association announced its opposition to this legislation in late April.
H.R. 3155: Democrat Representative Jared Moskowitz (FL) introduced H.R. 3155, that raises the age to 25 years of age to acquire, keep, bear and possess arms received a blistering attack from Firearms Policy Coalition on twitter. The tweet begins with “Representative Moskowitz has chosen to hold himself out as the harbinger of a pervasive federal age discrimination program to deprive millions of peaceable People access to their fundamental and enumerated rights,”and goes on for many tweets.
State Legislatures/Local communities
Alabama: The House Judiciary Committee passed HB234, a bill to make the possession of “trigger activators” a felony.
Alaska: The Alaska legislature has adjourned. HB61, passed the House 26-12 on May 3 and passed the Senate on May 16. It now goes to Gov. Mike Dunleavy.
California—After the Assembly Revenue and Taxation Committee held a hearing on AB28, adding an excise tax of 11% on all firearms, firearms precursor parts and ammunition, it went to the Assembly Appropriations Committee which, on May 18 amended it to exempt not only employed peace officers but “retired” police officers from such tax. Other bills approved by the Appropriations Committee and headed to votes in the full Assembly are: AB574, requiring an affidavit from prospective gun buyers that they have confirmed possession of all other guns owned within the past 30 days; 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; AB1089, expands current ban on making firearms; AB1133, mandating more training for carry permit applicants; AB1483, adds private party transfers to one-gun-a-month restriction; and AB1598, Requires firearms dealers to provide a DoJ pamphlet with every sale. Bills headed to the Senate floor are: SB2, new restrictive criteria for carry permits and increasing “gun free zones”; SB368, a grab bag of onerous restrictions; and SB452, banning all semi-automatic handguns without microstamping technology. Other bills being considered AB36, increasing the time a person subjected to a protective order from possessing a gun to three years “after” the order has expired; AB1420, adds a requirement for firearms purchasers to list email address on state DROS forms and increases inspections of firearms dealers; and SB8, firearms liability insurance.
Colorado: The Colorado legislature has adjourned. SB279 banning custom firearms, so called “ghost guns” and was passed in the House and it now goes to a Gov. Jared Polis, who is expected to sign it.
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: On May 17 the House Judiciary Committee passed Senate Substitute 1 for 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.
Hawaii: The Hawaii legislature has adjourned. SB1230, a post-Bruen bill that expands gun-free zones and requires mandatory insurance coverage, was passed and is awaiting Gov. Josh Green’s approval.
Louisiana: HB131 was reported out of the Committee on Administration on May 17 and is scheduled for floor debate on May 23; SB212, a red flag bill had a hearing on May 2.
Maine: Maine is in special session.The Criminal Justice and Public Safety Committee held a hearing on May 17 for LD 22, impede transfer of firearms to prohibited persons, LD60, require a 72-hour waiting period after the sale of a firearm, LD168, background checks, LD551, firearms discharge, LD582, penalties for firearms possession, LD943, prohibition of maintaining firearms records by shipping companies, LD924, enhance penalties for maintaining firearms records by shipping companies, LD624, strengthening Maine law concerning the creation of a gun registry; LD1011, require gun owners to report a stolen or lost firearm within 72 hours of knowing or should have known the gun was missing; and LD1340, ban “rapid fire modification devices” which includes many more than just bump stocks. LD1560, strengthening Maine’s “Stand Your Ground Law.”
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. Maryland Shall Issue in conjunction with the Second Amendment Foundation has initiated a constitutional challenge, Novotny v. Moore, to this law.
Michigan: Awaiting Gov. Gretchen Whitmer’s pen: SB83, a bill to enact extreme risk protection orders—April 19 the Senate concurred with House amendments 20-17. The following bills were passed in the Senate and the House Committee on Judiciary sent them to the House floor without amendments; 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; and SB86-Service of process for extreme risk protection order actions includes waiving court fees. The following bills were passed in the Senate and are currently awaiting action in the House Committee on Judiciary 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. The Senate passed 3 extreme risk protection acts and they are currently referred to the House Committee on Judiciary.
Minnesota: SF2909, the omnibus gun control bill that contains both red flag gun confiscations and universal background checks, has been passed by both Houses. City of St. Paul—A proposed Ordinance 23-33 mandating safe storage with a locking device or in a safe, is expected to be voted on this coming week. Rob Doar, vice president of the Minnesota Gun Owners Caucus, says the mayor’s initiative, given his own missing weapons, is hypocritical. He also contends state statute doesn’t permit cities to pass such regulations and that it isn’t likely to work anyway. “My gut is that they don’t actually plan on enforcing this,” he said. “It’s for the headlines.”
Montana: The Montana legislature has adjourned. Gov. Greg Gianforte signed HB674, creates a law for an optional, enhanced concealed carry permit that will recognize Montanans’ concealed carry permits, on May 18.
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: On May 17 Gov. Joe Lombardo vetoed AB355, prohibiting anyone less than 21 years of age from possessing a firearm, AB354, prohibiting the possession of a firearm on the grounds of any educational institution and in a car parked on such grounds, and SB171, expanding the prohibited persons categories. His veto message went straight to the point: “I will not support legislation that infringes on the constitutional rights of Nevadans,” said Governor Joe Lombardo. “As I stated in my letters, much of the legislation I vetoed today is in direct conflict with legal precedent and established constitutional protections. Therefore, I cannot support them.”
New York: Another anti-gun bill has been introduced—SB5602, makes “unlawfully possess[ing] with intent to sell twenty or more firearms” punishable by up to life in prison. Introduced: 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; S5902, requiring proof of liability insurance prior to issuing a carry permit.
Oklahoma: Governor Kevin Stitt signed both SB978, the boat carry act, and HB1789, a bill to clean up the constitutional carry law. SB721, clarifies the training requirements, has passed the Senate and the House Public Safety Committee has recommended DO PASS.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.
Oregon: Republicans in the Oregon Senate have been absent in an effort to deny quorum and block the Democrat majority a quorum. However, two Republicans in the House helped pass HB2572, a bill to create 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, 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 was passed 35-24 on the House floor on May 2 and went directly to the Senate floor for a vote. SB348, a bill that makes it almost impossible to purchase a firearm and could make any citizen a felon, if they own a magazine for a firearm, has passed the Senate Judiciary Committee and is currently before Joint Committee on Ways and Means. 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”.
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.
South Carolina: Although the legislature adjourned, they are currently in a special session on budget, abortion and guns. Constitutional carry, HB3594, has passed the House and the companion bill, S109,advances to a floor vote in the Senate.
Tennessee: A Special Session on Guns has been announced by Gov. Bill Lee beginning on August 21, 2023 “to strengthen public safety and preserve constitutional rights” Memphis—despite a preemption law Memphis City Councilman JB Smiley has introduced an ordinance the ban the carrying of “assault” rifles and mandating car storage in a lockbox only.
Texas: HB2837, a bill to prevent the use of a firearm specific banking code, has passed the House and passed the Senate State Affairs Committee on May 15 and is on the intent calendar of the Senate.
Vermont: Gov. Phil Scott signed H230, “an act relating to implementing mechanisms to reduce suicide.”The law 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.
