by Tanya Metaksa
Federal Legislation
As promised, Majority Leader Sen. Harry Reid (D-NV) brought up S. 649 for debate and votes in April. The stage was set on April 11 as the Senate voted to consider the bill by a 68-31 margin. Debate and votes began on April 17 with nine amendments scheduled for votes. The first vote was the Manchin-Toomey amendment (SA-715) with transfers of firearms to go through an FFL unless the transfer is between family, friends and a small number of other exceptions. This amendment would have replaced all of Reid’s bill. The threshold of 60 Aye votes was required as 14 senators had threatened to filibuster S. 649. SA-715 failed by a vote of 54-46. The Grassley Amendment (SA-725), to improve mental health records, failed 52-48. The Leahy amendment (SA-713), an assault weapons ban, failed 58-42. The Cornyn Amendment (SA-719), to allow Right-to-Carry reciprocity, failed 57-43. Diane Feinstein’s assault weapons ban (SA-711) failed 40-60. Sen. Burr’s Amendment (SA-720), protecting veterans, failed 56-44. Blumenthal’s amendment regulating magazine capacity (SA-714) failed 46-54. On April 18, more amendments were considered: Sen. Barrasso’s amendment (SA-717) to punish states and localities that release information on gunowners by withholding federal funds was approved 67-30 and Harkin’s amendment (SA-730) reauthorizing programs related to mental health passed 95-2. After that vote Reid announced, “I have spoken with the President. He and I agree that the best way to keep working toward passing a background check bill is to hit ‘pause’ and freeze the background check bill where it is…This will allow senators to keep negotiating. We had nine amendments yesterday. They were not easy to vote on–not for us or for the Republicans–and I understand that. But it was a good process by which to move forward and get some of these contentious amendments on both sides out of the way—voted on, rather, is a better way to phrase it. So we are going to come back to this bill.” Thus S.649 is NOT dead, but is awaiting another attempt by the US Senate to pass an onerous anti-gun bill.
The House of Representatives is not considering any gun control legislation until the Senate passes a bill. However, Rep. Carolyn McCarthy (D-NY), has introduced four bills, some of which she had introduced previously. HR-137 would create a federal database of prohibited persons; HR-138 bans magazines that can hold more than 10 rounds; HR-141 requires federal regulations as well as background checks at gun shows, and HR-142 bans mail order sale of ammunition with additional licensing and record keeping of “bulk” ammo purchases. Rep Jim Moran (D-VA) reintroduced a ban on all private transfers, HR-21. Two gun registration bills, HR-35 and HR-117, have been reintroduced.
Obama Administration
A Syracuse University study as well as data from the National Criminal Justice Reference Service (NCJRS) has found that enforcement of the current law on criminal background checks is the lowest it has been since the last decade. Under President George W Bush prosecutions hit their peak and now they are down almost 50%. The NCJRS study showed the same kind of statistical data. Of the 76,000 persons stopped from buying a gun only 4,732 were referred for prosecution, but only 44 were prosecuted, resulting in only 13 successful trials. On Feb. 22, 23 House Republicans sent a letter to the President and Attorney General asking them to increase such gun-related prosecutions.
ATF
According to Roll Call (http://www.rollcall.com/news/atf_nominee_faces_retaliation_inquiry-224290-1.html) the Office of Special Counsel is inquiring about allegations that B. Todd Jones, the Acting Director of ATF, and President Obama’s nominee to become the Director, retaliated against a subordinate while he was the US Attorney in Minnesota. Sen. Chuck Grassley (R-IA) has been raising questions as to Jones’ managerial style and fitness to become ATF Director.
As of May 1 the House Oversight and Governmental Reform Committee has yet to publish their third and last part of a three-part joint staff report on the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) “Fast and Furious” operation
United Nations
Since the NRA learned about the UN activity towards an Arms Trade Treaty in 1965, American gun groups have been united in their opposition to this Treaty. Unfortunately, on April 2, the UN approved the Arms Trade Treaty. In March the US Senate passed an amendment to the FY2014 Budget Resolution that establishes a fund for “the purpose of preventing the United States from entering into the United Nations Arms Trade Treaty.” Rep Mike Kelly (R-PA) has introduced H.Con.Res.23 with 129 co-sponsors and Sen. Jerry Moran (R-KS) introduced its companion S.Con.Res.7 with 32 co-sponsors. Both resolutions do not support funding UN Arms Trade Treaty until it has been signed by the President and ratified by the US Senate.
State Legislatures
All state legislatures started new legislative sessions in 2013 except for New Jersey. Thirteen state legislatures have adjourned by April 30, 2013.
Alabama
SB-24, a bill to allow the storage of firearms and ammunition in motor vehicles on private property, and SB-129, an omnibus pro-firearms bill, are being considered in several committees. SB-286, an omnibus firearms’ rights protection bill, has passed the Senate by a 28-5 vote and is headed for a vote in the full House.
Alaska
HB-24, a no-duty-to-retreat bill, has been introduced and SJR6, a resolution against President Barack Obama’s gun control agenda that urges Congress to protect the Second Amendment against executive action, have passed both Houses and are awaiting transmittal to the governor. HB-55 would allow school districts and private schools to have permanent employees possess firearms remains in the Education Committee.
Arizona
Gov. Jan Brewer has signed both HB-2326, a bill to keep information concerning concealed carry applicants and permittees confidential, and HB-2455, preventing the destruction of forfeited firearms. HB-2554, allowing the carrying of a concealed handgun in public buildings without adequate storage facilities, has been held in the Rules Committee. HB-2654, allowing non-residents who are full-time students at an Arizona college/university, to purchase hunting licenses at resident rates passed the House 52-4 but is being held by the Senate Natural Resources Committee.
Arkansas
The Arkansas legislature has adjourned. Gov. Mike Beebe has signed the following bills into law: SB-71, allowing Right-to-Carry permit holders to carry in churches; SB-858, having Arkansas recognize any Right-to-Carry permit from any other state; HB-143, allowing faculty carry in public colleges and universities; HB-1035, to allow staff members of an institution of higher learning to carry a concealed firearm if the staff member has a Right-to-Carry permit and if the college/university board allows it; HB-1503, to protect lawful firearms retailers from illegal gun stings; and HB-1819, a reform bill on Emergency Powers that would deny the governor the ability to impose restrictions on firearms. SB-131 to keep confidential information concerning concealed carry applicants and permittees passed the Legislature and was signed by Lt. Gov. Mark Darr.
California
The following anti-gun bills have been passed by the Assembly Appropriation Committee: AB-48, reporting of ammunition sales, requiring licensing of ammunition dealers and establishing other controls on ammunition sales similar to current controls on firearms sales; AB-169, people who currently own restricted firearms could only transfer them to other persons who can own such firearms; and AB-500 that increases the ten-day waiting period for picking up a sold firearm to a 17-day waiting period. A bill to ban gun shows in the Cow Palace is also being introduced.
AB-170 changes current law that allows organizations, including corporations and other associations, to have permits for assault weapons and machine guns to allowing only individuals to own such firearms. A-174 would end the grandfathering of existing weapons which are now illegal to purchase but are still legal to possess. AB-187 taxes the sale of ammunition in California with proceeds going to a crime prevention fund that would be used in targeted jurisdictions suffering from high rates of violent crime. AB-231 that would expand the Criminal Storage of Firearms and child access law, will be heard in the Assembly Appropriations Committee on May 1.In the Senate, SB-374, a bill that expands the definition of “assault weapon” to include any semi-automatic rimfire and centerfire rifle with a detachable magazine, requires registration of such firearms that are already owned, and includes a fee of $19 for each registration passed the Senate Public Safety Committee on a 4-2 vote.
A bill to ban the taking of wildlife with lead ammunition has been introduced by Assemblyman Anthony Rendon.
San Francisco Board of Supervisors passed a ban on the sale and possession of certain ammunition and requiring the reporting of ammunition sales of 500 or more rounds. The NRA has challenged the ban and oral arguments are set for the summertime before the US Court of Appeals for the 9th Circuit.
In Glendale the City Council passed an ordinance to ban the possession of firearms and ammunition on city property. The original intent of the ordinance was to ban the Glendale Gun Show, but now it bans self-defense on city property as well.
Colorado
On March 20, 2013, Gov. John Hickenlooper signed three bills into law: HB-1224, a ban on magazines greater than 15 rounds; HB-1228, charging gun purchasers a fee for a background check; and HB-1229, a ban on private firearms sales and requiring universal background checks. SB-195, banning online training for a concealed carry permit, and SB-197, preventing those convicted of domestic violence or under a restraining order to forfeit their right to possess a firearm have passed both Houses and are awaiting action by the Governor. The following bills have been defeated: SB-9, allowing a school employee to carry a firearm; SB-62, to hold businesses that prohibit persons from carrying a firearms civilly liable; SB-196, making manufacturers and sellers of “assault-style” firearms liable for crimes committed with guns; and HB-1226, repealing guns on campus.
Connecticut
SB-1160 was rammed through both houses of the legislature and was signed by Gov. Dan Malloy (D) in less than 24 hours. Effective immediately the law now bans over 100 so-called “assault weapons,” magazines that hold more than 10 rounds, requires universal background checks, and persons under 18 are ineligible to purchase ammunition. Effective July 1, ammunition purchases will now require an ammunition purchase certificate at a cost of $35, require a long gun eligibility certificate to purchase a long gun, and changes the membership of the Board of Firearms Examiners. Effective October 1, persons who have been voluntarily admitted to a mental hospital will not be able to purchase or possess any firearm for six months following release, bans additional so-called “armor piercing” ammunition, police can seize guns when investigating domestic disturbances, and firearms must be secured or face criminal penalties if the firearm is misused. Effective January 1, 2014, a dangerous weapons registry will be established, persons owning magazines with a capacity of more than 10 rounds register them, and those owning banned “assault weapons” must also register them. This summary is not a complete description of SB-1160.
District of Columbia
The DC City Council, always ready to impose draconian restrictions on gunowners, is working on a bill to require gun owners to carry $250,000 liability insurance.
Delaware
HB-35, a bill criminalizing all private transfers of firearms without universal background checks, has passed both Houses of the Legislature and Governor Jack Markell (D) is expected to sign it.
Florida
Although many gun control bills have been introduced the legislature is in no hurry to work on them. HB-1355, a bill to stop persons who have been admitted to a mental institution from owning firearms, has been given a favorable recommendation from the Criminal Justice Committee. House Memorial 545, requesting that Congress and the President uphold their oath of office and support the Second Amendment, has passed the House Judiciary Committee.
Georgia
The legislative session has ended with no pro-gun reform legislation having been passed.
Hawaii
SB-69, a bill to appropriate $100,000 dollars to buy back firearms, passed the Public Safety, Intergovernmental and Military Affairs Committee on a 3-1 vote, but the appropriation was changed to $200,000 and language was inserted to require those wishing to register a firearm from out-of-state to go through a background check. March 4 the Senate passed SB-69 by a 21-3 margin and it was amended in the House and passed. A conference committee has sent their recommendations back to both Houses that are expected to pass the amended bill.
Idaho
The Idaho legislature has adjourned. Gov. Butch Otter has signed HB-192, a bill to create an enhanced Right-to-Carry permit to allow permittees to gain reciprocity with other states. HB-223, a bill to allow citizens to carry concealed knives with blades of 4 inches or less has passed the House unanimously.
Illinois
Cook County passed an ordinance to penalize the victim of a stolen gun. If a firearm theft is not reported to the police within 48 hours from the time the victim “should have known,” a fine of $1,000 to $2,000 will be levied. HB-2265, a bill that would impose severe jail sentences for regulatory violations of the Firearms Owner ID (FOID) card is awaiting final action in the House. Additionally, there are several bill numbers without any language available in both the Illinois House and Senate to ban so called “assault weapons.” The House may consider any of these bills at any time as amendments to a Right-to-Carry bill that a federal court has mandated the state to pass. The decision in the court case, Shepard v. Madigan, required the Illinois legislature to pass a “shall issue” Right-to-Carry bill. HB-997 was introduced to meet the court’s mandate. The bill was on the House calendar on April 18, but was pulled and re-referred to the Rules Committee.
Indiana
HB-1563, wildlife legislation that includes hunting with a silencer, has been sent to Gov. Mike Pence (R). HB-1473 and SB-97, that deal with firearms on school property, are awaiting committee action: HB-1473 to the House Committee on Public Policy, and SB-97 to the Senate Committee on Rules and Legislative Procedure. Joint Resolution 0007, providing for a Constitutional Right to Hunt and Fish to be placed on the 2014 ballot, has passed the Senate and is currently before the Senate Judiciary Committee.
Iowa
HF-535, a bill to prohibit the publication of names and addresses of Right-to-Carry permittees and prohibits the straw purchase of firearms, passed the House 95-3. It is currently under attack in the Senate Judiciary Subcommittee and is in danger of defeat.
Kansas
SB-21, a Right-to-Carry reform bill, was signed by Gov. Sam Brownback and HB-2052, allowing citizens to carry concealed handguns in a public building that “does not provide adequate security,” has been sent to the governor. SB-45, prohibiting tax dollars being spent lobbying against legal products, that passed the Senate 32-8 but never made it through the legislature is expected to be in a conference report to be voted upon during the veto session in May.
Kentucky
The Kentucky State legislature has adjourned for the year. SB-150, requiring 60 days for Right-to-Carry approval from Department of Kentucky State Police, has been passed and signed by Gov. Steve Beshear.
Louisiana
The Louisiana legislature convened on April 8. Nine pro-gun bills have passed out of the House Criminal Justice Committee: HB-5, blocking enforcement of federal gun laws; HB-6, allowing off-duty police officers to carry firearms on school campuses; HB-8, further limiting information on Right-to-Carry permittees; HB-21, court clerks would notify NICS within 30 days if someone is adjudicated mentally ill; HB-45, allowing gun dealers and manufacturers to circumvent any new federal laws; HB-48, allowing off-duty and retired police officers to carry in bars and restaurants; HB-98, allowing Sheriffs of contiguous parishes to recognize their respective concealed carry permits, and HB-265, allowing lifetime concealed carry permits. HB-4, requiring all gunowners to secure firearms in locked container and HB-141, requiring firearms purchasers to prove completion of a safety course, failed. On April 25, HB-48 was amended on the House floor to include anyone with a Right-to-Carry permit and then passed. It now goes to the Senate.
Maine
LD-345, a bill to keep information concerning concealed carry applicants and permittees confidential has passed both House of the Legislature and is on its way to Gov. LePage. LD-997, limiting magazine capacity to 10 rounds, is being supported by Senate President Justin Alfond. Sixteen anti-gun bills are scheduled to be considered during a hearing before the Joint Criminal Justice and Public Safety Committee. Once the bills have been heard we will report on those that may pass.
Maryland
Gov. Martin O’Malley’s (D) legislation, SB-281 and companion, HB-294, were introduced on Jan. 23. These bills include bans on semi-automatic rifles, registration of “regulated firearms” before Nov. 1, 2013, magazine capacity restrictions, and a state license to purchase a handgun. The bill has passed both Houses and it is expected that Gov. O’Malley will sign it.
Massachusetts
Gov. Deval Patrick (D) has introduced HB-47. In a state with some of the most restrictive gun laws, his proposals are draconian. Magazine capacity to be limited to 7 rounds and all magazines with 10 or more round capacity must be sold or disposed of, one firearm per month purchase limit, and a required background check and fee for private transfers. Additionally it has been reported that bills requiring gunowners to carry liability insurance have been introduced but no bill language is yet available. In the town of Westford the selectmen have pulled the magazine ban from consideration..
Michigan
The Senate Judiciary Committee voted 4-0 to send SB-49 to the full Senate for a vote. This bill keeps personal information of permit-to-purchase applicants confidential and exempt from Freedom of Information Act requests. The elimination of concealed weapons boards has again been introduced as SB-0213. SB-288, a bill that could stop an anti-hunting groups’ effort to ban the hunting of wolves, passed the Senate and is now before the House Committee on Natural Resources.
Minnesota
Two days of hearings by the House Public Safety Committee concluded on Feb. 3 and HF-237, requiring a seven-day waiting period to transfer handguns and semi-automatic rifles and removing “judicial determination” from the definition of committed to an institution was tabled. However many other anti-gun measures have been introduced. HF-240, increases the mental health requirements for firearms permit applicants; HF-184, establishes a registry of persons who wish to be ineligible to purchase firearms and amends procedures for accepting firearms and ammunition; HF-244, making it a crime to falsely report a lost or stolen firearm and increasing penalties for such crime; HF-238, increases penalties for possessing firearms on school property; and HF-239, increases penalties for persons carrying firearms on private property when ordered to leave. HB-285, banning the possession of ammunition that is defined by any part of a cartridge, from those under 18 and making a person ineligible for possessing a firearm for anyone who has been ordered to a mental facility even if the order was stayed. Although Rep. Michael Paymar (D) had announced that more anti-gun proposals that will be offered as amendments to HF-237, they could be added to other bills. A bill similar to HF-237, SF-235 passed the Senate Judiciary Committee on March 14 on a party line vote, 5-3. On March 6 a bipartisan group of 80 co-sponsors introduced HF-1325, that increases penalties on felons and repeat criminals for possession of firearms and ammunition, improves the background check system and prohibits straw purchasing with increased penalties.
Mississippi
The legislative session has adjourned for the year. HB-485, a bill to seal the records for Mississippi issued Right-to-Carry permits not only passed the House and the Senate, but on March 4 it was signed by Gov. Phil Bryant and is effective immediately. HB-2, a bill to clarify how a concealed weapon is to be worn; SB-2048, allowing crossbows during archery season and SB-2647, requiring the reporting of mental health records to the National Instant Check System (NICS), were also signed by the governor.
Missouri
Three bills restricting the rights of law-abiding gunowners have been introduced in the Missouri legislature. HB-187 would deny any firearms transfers not done through an FFL; SB-124 would require a gun owning parent to notify a school board or private school within 30 days of enrolling; HB-545 that bans the sale, possession of some semi-automatic rifles and magazines capable of holding more than 10 rounds and within 90 days of passage citizens owning these firearms would become felons.
HB-533, a bill to allow employees to keep their firearms and ammunition in their locked vehicles when parked on the employer’s or state-owned property, was passed by the House. HB-787, prohibiting the Department of Revenue from sharing information including concealed carry information with the federal government, has been introduced. HB-8, transferring the authority for Right-to-Carry permits from the Missouri Department of Revenue to Missouri Sheriffs, has passed both Houses but the differences in the bill need to be reconciled.
Montana
The Montana legislature adjourned on April 24. Gov. Steve Bullock (D) signed SB-145, prohibiting the media from printing lists of holders of Right-to-Carry permits by making those lists confidential. Bullock has vetoed HB-27, to allow the use of suppressors while hunting wolves, and HB-302, preventing the state from enforcing any federal ban on semi-automatic firearms and/or high capacity magazines. HB-304, allowing all Montanans to enjoy “permit-less carry,” and HB-240, limiting the Board of Regents and the Montana University System from regulating firearms, are awaiting the governor’s action.
Nebraska
Three bills were introduced and referred to the Judiciary Committee. They are LB-390, prohibiting any state agency during a declared state of emergency from restricting the lawful use of firearms or their confiscation; LB-392, bringing the state into compliance with federal law to purchase long guns across the country; and LB-293, protecting gun record confidentiality. All bills have had hearings, but no action has yet been taken.
Nevada
With the exception of SB-76, changing the Right-to-Carry permit system so that the permit would be for any handgun, passed the Senate unanimously but is still held in the House Judiciary Committee. For practical purposes all other gun bills appear to be dead for the 2013 session.
New Hampshire
HB-135 passed the House on March 27 on a 189-184 vote. This bill would negate last year’s bill that allowed citizens to use deadly force anywhere they were legally entitled. It also repeals the civil immunity provision and now defines even showing a weapon without shooting as deadly force. The bill is now before the Senate Judiciary Committee. The following bills have been killed: HB-290-FN, prohibiting open carry in a public building; HB-396, establishing a committee to study safety training prior to purchase of firearm; HB 609, requiring school districts to establish policies concerning school employees carrying firearms; and HB-451-FN, repealing the licensing requirement for a Right-to-Carry permit.
New Jersey
The Law and Public Safety Committee passed 20 anti-freedom gun bills on Feb. 13 and the Assembly passed them as well. They range from universal background checks to ammunition sales reporting and to registration of firearms and ammunition. They are promoting an all-out attack on gunowners. The Senate as of April 29 had not yet introduced their package of anti-gun bills but was expected to act in early May.
New Mexico
New Mexico legislature has adjourned for the year. HB-77 that included requiring gun show promoters to have the services of an FFL on the premises to process background checks for private sales and requiring mandatory background checks on all firearms transactions never passed the Senate and died.
New York
Gov. Mario Cuomo managed to get a bill (S-2230), the SAFE Act, passed within days of the opening of the 2013-2014 legislative session. The Senate passed it 43-18 and on the next day, Jan. 15, the Assembly voted 104-43 in favor and Cuomo signed it the same day. This law expands the “assault weapons” ban; institutes background checks on ammunition purchases, and requires mental health personnel to report if someone is a threat (without adjudication). It also limits magazine capacity to seven rounds and requires that you can only sell or give them away for a period of one year; then they are forever banned, and it requires background checks for all firearms transfers. State Supreme Court Justice Gerald Connolly has asked Gov. Cuomo and the state legislators for an explanation of their complete disregard of the usual three day period between the introduction of a bill and when votes are scheduled. During the March budget negotiations, legislators had been considering changing the limit on magazine capacity from seven to ten and other “technical corrections.” A complaint has been filed by the New York State Rifle and Pistol Association challenging the SAFE act in the United States District Court for Western New York.
In Long Island the Suffolk County legislature passed a measure that would remove handguns from psychiatric patients.
North Carolina
The following bills have been introduced: HB-17 and SB-28 that make information of holders of Right-to-Carry permits accessible only to the police and allows them to carry into establishments that serve alcohol. HB-17 has passed the House and has been assigned to the Senate Judiciary Committee. HB-49 would allow employees to keep their firearms in their locked vehicle when parked on the employer’s property. S-201, allowing suppressors to be used for hunting, and S-342, allowing citizens with Right-to-Carry permits to possess them in restaurants, have been introduced. SB-443, a bill to allow the sale of firearms received by law enforcement rather than destroying firearms, has been referred to Senate Judiciary Committee II. HB-937, a Right-to-Carry reform bill, passed the House Judiciary subcommittee.
North Dakota
In April Gov. Jack Dalrymple signed three bills: HB-1467, prohibiting any state agency during a declared state of emergency from restricting the lawful use of firearms or their confiscation; HB-1283, allowing an individual with a Right-to-Carry permit to carry in a public place including schools, churches and publicly owned buildings; and HB-1282, allowing the use of suppressors while hunting.
Oklahoma
HB-1062, allowing a handgun to be carried into a school by a teacher or administrator who is a reserve deputy, passed the House 68-23. SB-934 allows persons other than a parent to supervise youth in a sport that includes firearms passed the Senate 45-1. Both bills are awaiting action in the other House.
Oregon
HB-3200 creates a crime of unlawful possession or transfer of an assault weapon or large capacity magazine and requires current owners to dispose of or register assault weapons and large capacity magazines. The list of assault weapons is enormous including .22 rifles with tubular magazines. It appears that the bill’s sponsor is not supporting his own bill, but it has not been withdrawn. HB-3009, a bill to allow Right-to-Carry permittees to carry on campus, and HB-3114, allowing Oregon public colleges and universities to prohibit firearms on campus for Right-to-Carry permittees are both before the Higher Education Committee. The Senate Judiciary Committee heard three gun bills on April 5: SB-347, prohibits guns in schools but allows a school district to “opt-out,”-SB-699, modifying carrying a concealed firearm in a public building, and SB 700, universal criminal background check requirement. On April 18 those bills were passed as well as SB-796, making a live fire demonstration and test a requirement for a Right-to-Carry permit. Three more anti-gun bills have been introduced: HB-3413 creates a felony of allowing a minor access to a firearm; SB-758 requires liability insurance for gun ownership; and SB-760 requires a “good faith effort to retreat” if being attacked.
Multnomah County passed a gun control ordinance that prohibits possession of a loaded firearm in a public place, prohibits the discharge of a firearm, has penalties for allowing a child access to a firearm, requires reporting theft of a firearm within 48 hours, and extends curfews for minors.
Pennsylvania
Attorney General Kathleen Kane (D), who ran on a platform of stopping Pennsylvanians from using Florida concealed carry permits, is modifying the Pennsylvania-Florida reciprocity agreement so that only Florida permits of Florida residents will be recognized. The modification goes into effect on June 8. The following anti-gun measures have been introduced: HB-239, complete firearms registration of all firearms; HB-518, repeals Castle Doctrine self defense measure passed in 2011; HB-1010, requiring background checks, is being supported by a group of Democrats including AG Kane; and SB-191, implementing one-gun-a-month limit on purchases. SB-876, firearms preemption legislation, was introduced in mid-April. All bills have been referred to their respective Judiciary Committees.
Rhode Island
HB-5573, requiring all firearms in the state to be registered with a $100 fee for each gun and all registered firearms to be equipped with a safety device, has been referred to the House Judiciary Committee. The following bills will be heard on May 1:
HB-5576/HB5208 bans minors from firearms; HB-5990 restricts manufacturing, transfer, and possession of certain semi-automatic firearms and magazines capable of holding more than ten rounds; HB-5991 that would increase the penalty for using a stolen firearm in a crime; HB-5993, gives the RI Attorney General sole issuing authority for a “may issue” concealed carry permit; HB-5994 making conviction of a misdemeanor disqualification for firearms possession; and HB-5573, a firearms registration bill with a $100 fee per gun.
South Carolina
Since South Carolina and other southeastern states have been the object of Mayor Michael Bloomberg’s sting operations, H-3044 was introduced to protect firearm retailers from such illegal purchases. H-3053 allows Right-to-Carry permittees to carry in an alcohol-serving restaurant and H-3072 would allow employees to keep their firearms in their locked vehicle when parked on the employer’s property. S-249 appropriates state funds for a School Resource Office in every school in a public school district in the state. S-308, a companion bill to H-3053, passed the Senate Judiciary Subcommittee by an unanimous voice vote and is on the Senate calendar. However, the bill was changed to restrict permit holders from carrying in restaurants between 12 midnight and 5 AM. HB-3560, a mental health reform bill that requires information to be transmitted to the National Instant Check System (NICS), is awaiting action in the Senate.
South Dakota
The South Dakota legislature has adjourned. Gov. Dennis Daugaard has signed SB-166, extending the life of a Right-to Carry permit from four to five years. He also signed HB-1087, authorizing school boards to allow teachers, staff or volunteers to be armed.
Tennessee
The Tennessee legislature adjourned April 19. Gov. Bill Haslam (R) has signed the following bills: HB-9, making information concerning the application and the issuance of a carry permit confidential: SB-142, allowing employees to keep firearms and ammunition in their locked vehicles when parked on an employer’s or state-owned property; and SB-714, allowing a person who undergoes treatment for alcohol or substance abuse to apply for a Right-to-Carry permit after three years of treatment completion. A bill allowing trained school personnel to possess a firearm on school property, HB-6, is still awaiting the governor’s action.
Texas
HB-972, allowing persons with Right-to-Carry permits to carry on college and university campuses, was approved by the House Committee on Homeland Security and Public Safety and is on the General Calendar to be voted on by the full House on May 4. Four Senate bills, SB-299, allowing persons with Texas Concealed Handgun Licenses to display their firearm without a penalty; SB-987, giving the Attorney General the power to seek a permanent injunction against any city or county that violates state firearms law preemption; SB-1348, adding new criminal penalties for “straw purchasers,” and SB-1907, concerning transportation and storage of handguns by students, have passed the Senate. SB-987 and SB-299 are in House Calendars Committee. In the House two bills have been favorably reported but are awaiting action by the House Calendars Committee that will determine when and if they are to be considered by the full House: HB-47, a bill to reduce the number of classroom hours required for the issuance of a Concealed Handgun License from ten hours to four, and HB-508 that would impose fines on state agencies or municipalities which post signs prohibiting Right-to-Carry on property that is not required by law.
On April 11 the Texas House Committee on Homeland Security & Public Safety held a hearing on HB-3143, a ban on private sales at gun shows, but no action has been taken.
SB-182, allowing adult Right-to-Carry licensees to carry on the campuses of public colleges and universities has been referred to Criminal Justice Committee. Additionally HB-1077, to deny universities and colleges the ability to deny students from storing firearms in vehicles parked on campus, passed out of committee on April 26.
Utah
The legislature has adjourned. Gov. Gary Herbert signed HB-121, the voluntary giving of a firearm to law enforcement for 60 days by someone who believes that a cohabitant is an immediate threat and HB-317, prohibiting the sharing of concealed firearm permit information with the federal government and disclosing or sharing concealed firearm permit information a third degree felony. HB-76, to allow the carrying of an unloaded firearm concealed, passed both Houses and was vetoed by Gov. Gary Herbert. The legislature failed to obtain the two-thirds vote necessary to override the veto.
Vermont
Anti-gun bills HB-124 and HB-125 have died in committee.
Virginia
The Virginia legislature has adjourned. Gov. Bob McDonnell has signed the following bills into law: SB-334/HB-505, allowing Right-to-Carry permittees to carry into restaurants; HB-20, an emergency powers reform bill that added lawful carrying and transportation to actions that would be prohibited; SB-1335, protecting the confidentiality of all Right-to-Carry permit holders; SB-1363 providing for residency requirements for members of the US armed forces to include both the permanent duty post and the state in which the member resides. The following bills have passed both Houses: HB-1582 permitting armed security guards to carry firearms on school property; HB-1833 clarifies the law regarding Right-to-Carry permits; and SB-1378 increases penalties for persons who help others to obtain firearms illegally.
Washington
Although the Washington Legislature adjourned on April 28 with no anti-gun legislation passing, it appears that Governor Jay Inslee (D) will call a special legislative session that is expected to include gun control proposals.
West Virginia
The West Virginia legislature has adjourned. The legislature passed the following four bills: HB-2471, prohibiting any state agency during a declared state of emergency from restricting the lawful use of firearms or their confiscation; HB-2431, allowing persons with Right-to-Carry permits to buy firearms without a background check; SB-369, allowing persons with Right-to-Carry permits to carry in WV and increasing reciprocity for citizens of West Virginia; and SB-435, strengthening preemption by removing “grandfather” exemption to Charleston and other municipalities.
Wyoming
The Wyoming legislature has adjourned. The following firearms bills have failed in the Wyoming legislature: HB-103,HB-104, HB-105, HB-73, and HB-200. Gov. Matt Mead signed SF-132 into law allowing the use of suppressors while hunting. HB-0041 that passed both Houses becomes law if Gov. Mead does not veto it. HB-0041 includes a $250,000 budget item if any federal actions limit big game hunting with high-power rifles.
