By Tanya Metaksa
What’s New— H.J. Res 44: The House passed H.J. Res. 44, to overturn the Biden Pistol Brace Rule on June 13, 2023, on a 219-210 vote. It was sent to the Senate where it failed in a 49-50 vote; Maine: On June 21 both the Senate and House concurred to pass LD22, a bill that prohibits selling or transferring a firearm to a prohibited person, with a maximum penalty that exceeds one year, but does not exceed 3 years and was amended to exclude black powder and antique firearms. California: Senate Committees have been busy with several gun bills that have passed the Assembly this past week; Colorado: As we reported in January two ordinances were postponed to be considered in June 2023. The two that were postponed to June, Ordinance 2192, a ten-day waiting period prior to purchase, and Ordinance 2189, banning 18-20 year olds from exercising their Second Amendment rights, were indefinitely postponed due to Broomfield citizens exercising their First Amendment rights. However, the proposals can be brought up again for a vote; Maine: LD22 has been passed by both Houses of the legislature; Minnesota: City of St. Paul—The proposed Ordinance 23-33 mandating safe storage with a locking device or in a safe, was amended on May 17 and passed in late May; Oregon: Adjournment came on June 25 but not before the legislature passed two anti-gun bills. On June 22, 2023 the House voted 34-14 to pass HB2005. “The Democrats got everything they wanted, the conservative Republicans and Oregonians, got screwed.” Additionally, HB2572, the “paramilitary bill” was passed at the final minutes before adjournment; South Carolina: The legislature’s adjournment is informal since there is no sine die resolution. H3594, Constitutional carry, has passed the House and the companion bill, S109, with gun groups’ prefetrred language added, will be considered in the 2024 legislative session; Tennessee: Both supporters of ERPO (Extreme Risk Protection Orders), sometimes known as Red Flag laws, are hash tagging opposing views on twitter. Country star John Rich, is opposing ERPO laws and Lee’s special session with hashtag #redflagdown, while Giffords @GIFFORDS_org is promoting tweeting to Gov. Lee with hash tag @GovBillLee. 10 weeks to go!
U.S. Congress
H.J. Res. 44
This House of Representatives Joint Resolution provides for congressional disapproval of the BATFE promulgated rule changing the status of firearms with Pistol Braces to firearms under the National Firearms Act subject to registration and a federal tax. The House passed H.J. Res. 44, to overturn the Biden Pistol Brace Rule on June 13, 2023, on a 219-210 vote. It was sent to the Senate where it failed in a 49-50 vote. Thus President Biden has been spared exercising his veto power. As Stephen Gutkowsi of the Reload wrote on June 16 “Lawsuits Remain Most Likely Path to End Pistol-Brace Ban.”
State Legislatures/Local communities
Alabama, Alaska, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii. Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Oklahoma, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wyoming have adjourned.
California— This past week the Senate Governance and Finance Committee held a hearing on AB28, a bill which adds an excise tax of 11 percent on all firearms, firearms precursor parts and ammunition, and bill was amended and was passed and referred to the Committee on Public Safety. Also AB1483, adds private party transfers to one-gun-a-month restriction, has been referred to the Committee on Public Safety.; Bills before the Senate Public Safety Committee: AB301, adds the acquisition of body armor as another basis for issuing a GVRO, gun violence restraining order; AB455, adds pretrial diversion as another basis denying firearms possession; 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; The Senate Public Safety Committee passed AB97, that had passed the Assembly 77-0, requiring the CA DOJ to collect and report on prosecutions of misdemeanor offenses relating to unserialized firearms, AB1598, Requires firearms dealers to provide a DOJ pamphlet with every sale, and AB1483, a one gun a month restriction on private party sales/transfers and they are now on the Senate Consent calendar; AlsoAB1587 that began its journey through the legislative process dealt with multifamily housing issues before it was amended to require credit card issuers to use merchant codes for firearms and ammunition retailers has been re-referred to the Senate Committees on Banking and Finance and the Judiciary Committee. Assigned to the Senate Public Safety Committee: AB1089, expands current ban on making firearms; AB1133, mandating more training for carry permit applicants; Bills passed the Senate floor and before the Assembly Public Safety Committee: 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—Broomfield: In January 2023 we reported that “Broomfield: The City Council considered 9 separate ordinances at its Jan. 10th meeting. Two of the nine were postponed to a June 13 meeting: Ord. 2189-changing the minimum age for purchase to 21 years-of-age and Ord. 2192-requiring a 10-day waiting period and proof of training for purchase of a firearm. The remainder were adopted: banning “ghost guns”, banning rapid-fire triggers, banning both open and concealed carry of firearms in any City Council property, and updating definition in the city code.” The two that were postponed to June, Ordinance 2192, a ten-day waiting period prior to purchase, and Ordinance 2189, banning 18-20 year olds from exercising their Second Amendment rights, have been indefinitely postponed due to Broomfield citizens exercising their First Amendment rights.
Delaware: HB201 and HB202, to increase arbitrary gun free zones passed the House Administration Committee on June 7. 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, is awaiting a hearing in the House Appropriations Committee.
Indiana—Indianapolis City Council: Although Indiana has a preemption law the City Council is promoting an unenforceable ordinance that raises the age to buy a firearm to 21, ends constitutional carry in the city and bans many semi-automatic firearms. The vote is scheduled for July 10, but the council has publicly said the ordinance is unenforceable until preemption is voted down.
Maine: Maine is in special session. On June 21 both the Senate and House concurred to pass LD22, a bill that prohibits selling or transferring a firearm to a prohibited person, with a maximum penalty that exceeds one year, but does not exceed 3 years and was amended to exclude black powder and antique firearms.
Michigan: 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.
Minnesota: The legislature has adjourned. City of St. Paul—The proposed Ordinance 23-33 mandating safe storage with a locking device or in a safe, was amended on May 17 and passed in late May.
Oregon: Adjournment came on June 25 but not before the legislature passed two anti-gun bills. On June 22, the House voted 34-14 to pass HB2005. This action followed what the Oregon Firearms Federation explained was, “Today, after lengthy delays due to technical issues that shut down state websites, the House Republicans folded up and provided the quorum the Democrats needed to pass House Bills 2002 and 2005…The Democrats got everything they wanted, the conservative Republicans and Oregonians, got screwed.” Additionally, HB2572, the “paramilitary bill” was passed by the Senate at the last minute.
South Carolina: The legislature’s adjournment is informal since there is no sine die resolution. H3594, Constitutional carry, has passed the House and the companion bill, S109,with gun groups’ preferred language added, will be considered in the 2024 legislative session.
Tennessee: Although the Special Session on Guns is scheduled for late August to consider two bills, HB1233/SB1029 and a Temporary Mental Health Order of Protection Bill (TMHPB) (no number yet assigned), a group of legislators led by Rep. Bryan Richey is circulating an open letter to persuade Governor Bill Lee to cancel the session. Both supporters of ERPO (Extreme Risk Protection Orders), sometimes known as Red Flag laws, are hash tagging opposing views on twitter. Country star John Rich, is opposing ERPO laws and Lee’s special session with hashtag #redflagdown, while Giffords @GIFFORDS_org is promoting tweeting to Gov. Lee with hash tag @GovBillLee. 10 weeks to go!
