By Tanya Metaksa
What’s New—President Biden’s DOJ and BATFE on the Friday before Labor Day presented a new rule, docket number ATF 2022R-17.Congress is in recess until after Labor Day; California: Two new bills have been added to the list of gun bills being considered in the last month of 2023 legislature: AB135 and SB135, also known as “Budget Trailer Bills.” SJR7 is awaiting a vote on the floor of the Senate. The remaining bills are awaiting action after Labor Day; Nebraska—Omaha: On Sept. 2, two new gun laws become effective in Nebraska: statewide preemption for firearms laws and constitutional carry. In order to “beat the calendar” the Mayor of Omaha Jean Stothart, signed an executive order banning all firearms on city property; and also Lincoln where Mayor Leirlon Gaylor Baird signed a similar executive order. Tennessee: After almost two weeks of futile efforts to pass more gun laws he Tennessee legislature adjourned on Aug. 30, in time for the Labor Day weekend. Texas: Three pro-gun bills go into effect on Sept. 1:HB2837, 2.HB1760, and 3.HB3137, extends firearm preemption gun laws to requiring insurance for gun owners; West Virginia: West Virginia Coalition Against Domestic Violence (WVCADV) v. Morrisey— In 2018 the legislature passed HB4817, prohibiting property owners from banning firearms in the parking lot of their properties. In 2019 the WVCADV filed civil action against Patrick Morrisey, the Attorney General of WV. On Aug. 31, Judge John T. Copenhaver, Jr. found that “Courts have not found a property owner’s right to exclude to e “fundamental” in the context of a substantive due process challenge,” dismissing the WVCADV claim that there is a “right to personal security encompassing the freedom from threatened violence.”
Biden Administration
BATFE proposed new “Definition of ‘Engaged in the Business’ as a Dealer in Firearms”
NPRM 2022R-17
Using the Bipartisan Safer Communities Act of 2022 as a mandate, BATFE on Aug. 31, issued a press release and a proposed rule, docket number ATF 2022R-17. According to the press release the proposed rule would require anyone who sells firearms online, at gun shows or anywhere, even from a private collection, to obtain an FFL. Public comments may be made by mail or submitted to the Federal eRulemaking Portal: www.regulations.gov as soon as the proposal is published.
Legislatures/Local communities
The following states are currently in session: California, Indiana, Michigan, North Carolina, Pennsylvania, New Jersey, New York, Massachusetts and Wisconsin. The states that are still in session but in recess are: Alaska, Georgia, Illinois, Iowa, Maine, Minnesota, Nebraska, Kansas, New Hampshire, Oklahoma, South Carolina, Tennessee, and Vermont.
California—Two new bills have been added to the list of gun bills being considered in the last month of 2023 legislature: AB135 and SB135, also known as “Budget Trailer Bills.” Current law states that increases cannot exceed the “increase in the California Consumer Price Index.” These bills will allow the Attorney General to increase the fee to conduct ammunition eligibility checks. Governor Gavin Newsom’s promotion of a constitutional amendment to remove the 2nd Amendment has found fertile ground in the legislature. Although the Senate Public Safety Committee was scheduled to have a hearing on SJR7, calling for a constitutional convention to amend the U.S. Constitution, The Senate Public Safety committee voted 3-1 to approve and ordered to third reading. Bills that have not been considered before Labor Day thus are still awaiting votes: The following bills are still in the Appropriations Committee: In the suspense file, which means they are awaiting budgetary restrictions to see if there is enough money in the budget to pass them: AB28, a bill that adds an excise tax of 11% on all firearms, firearms precursor parts and ammunition; is in the suspense file; AB97, requiring the CA DOJ to collect and report on prosecutions of misdemeanor offenses relating to unserialized firearms; 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; AB1089, expanding current ban on making firearms; AB1133, mandating more training for carry permit applicants; and AB1483, a one gun a month restriction on private party sales/transfers. The following bills are on the Senate Consent Calendar and ordered to third reading in the Senate: 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 DOJ pamphlet with every sale. Bills that have passed the Senate and are on the suspense calendar in the Assembly Appropriations Committee: SB368, A grab bag of onerous restrictions; and SB452, banning all semi-automatic handguns without microstamping technology.
Nebraska—Omaha and Lincoln: On Sept. 2, two new gun laws become effective in Nebraska: statewide preemption for firearms laws and constitutional carry. In order to “beat the calendar” the Mayors of both Omaha, Jean Stothart, and Lincoln, Leirlon Gaylor Baird, each signed an executive order banning all firearms on city property.
Ohio: Allegheny County processed 520 new and renewal permits on August 26 for $20 each. In two weeks there is another event in North Fayette.
Tennessee:After almost two weeks of futile efforts to pass more gun laws the Tennessee legislature adjourned on Aug. 30, 2023 in time for the Labor Day weekend. Dave Workman has a very comprehensive summary of the special session.
Texas: Three pro-gun bills go into effect on September 1: HB2837, prevents financial institutions from requiring licensed gun dealers to use a firearms-specific merchant category code (MCC) to identify retail gun purchases, 2. HB1760, limiting school gun free zones to actual premises; and 3. HB3137, extends firearm preemption gun laws to requiring insurance for gun owners.
West Virginia: West Virginia: West Virginia Coalition Against Domestic Violence (WVCADV) v. Morrisey— In 2018, the legislature passed HB4817, prohibiting property owners from banning firearms in the parking lot of their properties. In 2019 the WVCADV filed civil action against Patrick Morrisey, the Attorney General of WV. On Aug. 31, Judge John T. Copenhaver, Jr. found that “Courts have not found a property owner’s right to exclude to be “fundamental” in the context of a substantive due process challenge.” He dismissed the WVCADV claim that there is a “right to personal security encompassing the freedom from threatened violence. The weekly Judicial update is now published on Wednesdays, as the courts have become a virtual hotbed of activity since the Bruen decision.
