By Tanya Metaksa
What’s New—California: Summer recess for the California legislature begins July 14 and ends on August 14. Three Senate Committees have gun bills under consideration this week; Delaware: The Delaware legislature has adjourned. For the second year in a row a Handgun Purchase Permit Bill, SB2, failed to pass. The sponsors have vowed to try again next year; Florida: Constitutional carry became effective July 1 in Florida, and as Lee Williams at the SAF Investigative Journalism Project reported July 6, dire predictions about gunfights in the street did not materialize ; Indiana—Indianapolis City Council: A vote is scheduled for July 10, for 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, in direct violation of the state’s preemption statute; Massachusetts: HD4420, the Bruen response bill will require: all firearms and magazine to have serial numbers, mandatory registration of all firearms and magazines and the reporting of any loss or theft of firearms and magazines; raise the minimum age for firearms ownership to 21, require live-fire training for permits, expand the current assault weapons ban, turn private property into “sensitive places, and allow handgun sales of only “smart” guns.
State Legislatures/Local communities
California— All bills that have passed the Assembly and are being considered in the Senate: AB1587, requiring credit card issuers to use merchant codes for firearms and ammunition retailers was amended and passed by the Senate Committees on Banking and Finance on July 5. It has been re-referred to the Judiciary Committees for a July 11 hearing and AB1089, expanding current ban on making firearms, will also be considered at that hearing. The Senate Public Safety Committee is scheduled for July 11 hearing on AB28, a bill that adds an excise tax of 11 percent on all firearms, firearms precursor parts and ammunition, AB574, requiring an affidavit from prospective gun buyers that they have confirmed possession of all other guns owned within the past 30 days; and AB1133, mandating more training for carry permit applicants. Finally, the Senate Governance and Finance Committee is holding a hearing on July 12 for AB733, which prevents state and local government selling surplus firearms, ammunition and body armor. In the Appropriations Committee: AB36, increasing the time a person subjected to a protective orders from possessing a gun to three years “after” the order has expired; AB97, that had passed the Assembly 77-0, requiring the California Department of Justice (CAL DOJ) to collect and report on prosecutions of misdemeanor offenses relating to unserialized firearms; AB455, adds pretrial diversion as another basis denying firearms possession; AB732, expands current federal law regarding the relinquishing of firearms upon conviction of a prohibiting offense; and AB1483, a one gun a month restriction on private party sales/transfers. The following bills are on the Senate Consent Calendar: AB301, adds the acquisition of body armor as another basis for issuing a GVRO, gun violence restraining order; and AB1598, requiring firearms dealers to provide a CAL DOJ pamphlet with every sale. Bills that have passed the Senate and are being considered in the Assembly: Passed the Assembly Public Safety Committee and are referred to the Appropriations 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. Finally, SB2, new restrictive criteria for carry permits and increasing “gun free zones” in before the Insurance Committee.
Delaware: The Delaware legislature has adjourned. For the second year in a row a Handgun Purchase Permit Bill, SB2, failed to pass. The sponsors have vowed to try again next year.
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 acknowledged the ordinance is unenforceable until preemption is voted down.
Massachusetts: Following the lead of California, New York and New Jersey HD4420, the Massachusetts version of the Bruen response bill, will require: all firearms and magazine to have serial numbers, mandatory registration of all firearms and magazines and the reporting of any loss or theft of firearms and magazines; raise the minimum age for firearms ownership to 21, require live-fire training for permits, expand the current assault weapons ban, turn private property into “sensitive places, and allow handgun sales of only “smart” guns.
Michigan: SB83, the red flag law signed by Gov. Gretchen Whitmer does not become effective until the 91st day after final adjournment of the 2023 Regular Session. According to WKAR public media, “Some Michigan counties are refusing to comply with a new state gun safety law, saying the legislation is unconstitutional. A commissioner, Brian Droscha, on the Eaton County Board of Commissioners, is pointing out a problem with the law that allows courts to hold a hearing on a “red flag” order after firearms have been seized from a person. He has introduced a resolution in the county commission “Resolution in Support of the Second Amendment of the US Constitution and the Michigan Constitution.”
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.
