By Tanya Metaksa
Federal Legislation
Although S. 649, Majority Leader Senator Harry Reid’s (D-NV) anti-gun proposal, was pulled from the Senate floor, that bill and amendments can be put back on the Senate calendar at any time.
During the month following the votes on S. 649, the media and the gun control proponents have trumpeted every story that seems to give them hope that another vote on the bill would turn out differently. Sen. Manchin (D-WV) in an article in “The Hill” maintains that he is “very hopeful” about getting the 60 votes to pass his universal background check amendment, while Sen. Toomey (R-PA) has said he is open to new ideas.
Sen. Tom Coburn (R-OK) tried to add an amendment to S. 601, the Water Resources Development Act. Coburn’s amendment would have mandated that the Corps of Engineers follow state firearm possession law in the same fashion as the Bureau of Land Management, National Park Service and other federal agencies. It failed 56-43 vote in the Senate.
Although the House of Representatives is not considering any gun control legislation until the Senate passes a bill, the House Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans Affairs Committee approved HR-602 setting terms for veterans who are adjudicated mentally incompetent can not be added to the NICS system denying them their right to own a firearm without the “order or finding” of a judge that the veteran is a “danger to himself or herself or others.” However, Rep. Carolyn McCarthy (D-NY), and others have introduced many anti-gun measures including: 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; HR-142 bans mail order sale of ammunition with additional licensing and record keeping of “bulk” ammo purchases: HR-21, a ban on all private transfers, and two gun registration bills, HR-35 and HR-117, have been reintroduced. On May 15 Rep. John Tierney (D-MA) introduced the Personalized Handgun Safety Act of 2013, H.R. 2005, that would require handgun manufacturers within two years ensure that all newly manufactured handguns use technology that only allows the owner to use it.
Obama Administration
On May 7 the Obama Justice Department released a government funded study that showed that firearms-related homicides have declined 39% in the last 18 years, while non-fatal crimes have decline at almost twice that rate. The national news media, President Obama, Mayor Bloomberg and other anti-gun leaders suddenly became silent on that story. A follow-up story by the Pew Institute acknowledged that the American people overwhelmingly believe that “gun” crimes are up, not down.
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
A new Department of Justice (DOJ) report made public on May 20, confirms that former U.S. Attorney Dennis Burke leaked a memorandum by whistle blower John Dodson. Additionally senior officials at DOJ also were involved. The report stated, “Burke’s conduct in disclosing the Dodson memorandum to be inappropriate for a Department employee and wholly unbefitting a U.S. Attorney.” Congressman Darrell Issa has been tasked with the job of managing the House proposals on immigration reform, thus it may be a long time before the House Oversight and Governmental Reform Committee publishes 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 April 2, 2013, 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. It has been rumored that President Obama will sign the treaty in June 2013.
State Legislation
All state legislatures started new legislative sessions in 2013 except for New Jersey. Twenty-four state legislatures have adjourned by May 15, 2013.
Alabama
SB-24, a bill to allow the storage of firearms and ammunition in motor vehicles on private property passed the House on a 74-27 vote, it now goes to Gov. Robert Bentley. SB-129, an omnibus pro-firearms bill is 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
The Alaska legislature has adjourned and no gun bills passed this session.
Arizona
The Arizona legislature has adjourned. Governor 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, and HB-2654, allowing non-residents who are full-time students at an Arizona college/university, to purchase hunting licenses at resident rates, did not become law.
Arkansas
The Arkansas legislature has adjourned. Gov. Mike Beebe has signed the following bills into law: SB-71, allowing Right-to-Carry permit holder 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 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 seventeen-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. Assemblyman Anthony Rendon’s bill, AB-711, to ban the taking of wildlife with lead ammunition, has passed the Assembly on a strict party-line vote 44-21.
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 United States Court of Appeals for the Ninth 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
The Colorado legislature has adjourned. On March 20, 2013, Governor John Hickenlooper signed three bills into law: HB-1224, a ban on magazines greater than 15 rounds; HB-1228, charging gun purchases 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 has passed both Houses and are awaiting action by the Governor. The following bills were 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.
Colorado Sheriffs filed a federal lawsuit challenging Colorado’s new firearms laws on May 17.
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, universal background checks and persons under 18 are ineligible to purchase ammunition. Effective July 1, 2013, ammunition purchase will now require an ammunition purchase certificate at a cost of $35, requires a long gun eligibility certificate to purchase a long gun, and changes the membership of the Board of Firearms Examiners. Effective October 1, 2013, 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 gun owners is working on a bill to require gun owners to carry $250,000 liability insurance. According to the WNEW Mayor Vincent Gray is not supporting the legislation at this time.
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) signed it on May 8. Representative Michael Barbieri (D) has introduced several anti-gun bills and HB-88, part of Governor Markell’s gun package, was reported out of the Health and Human Development Committee on May 8. HB-88 expands the mental health definition to include those persons who are considered dangerous to themselves and others. SB-16, a bill to require owners of lost or stolen firearms to report the loss within 48 hours has passed the legislature and is on its way to Governor Markell’s desk.
Florida
The Florida legislature has adjourned and no gun bills passed this year.
Georgia
The legislative session has ended with no pro-gun reform legislation having been passed. The city of Atlanta City Council is considering an ordinance making it more difficult to open a shooting range in the city.
Hawaii
SB-69, requiring those wishing to register a firearm from out-of-state to go through a background check has passed both Houses and a conference committee and is on its way to Governor Neil Abercrombie’s desk.
Idaho
The Idaho legislature has adjourned. Governor 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. Currently State Senator Kwame Raoul has introduced HB-183, a concealed carry bill with many onerous restrictions, that passed the Senate Executive Committee. The Court Order for legislation to be passed is June 9. After an emotional visit to the state Capitol from some parents of Sandy Hook elementary school victims, Gov. Pat Quinn (D) has told the legislature he wants a magazine ban bill on his desk before adjournment on May 31. On May 20, a bill banning the ownership of magazines holding more than 10 rounds passed a Senate subcommittee.
Indiana
The Indiana legislature has adjourned. HB-1563, wildlife legislation that includes hunting with a silencer, and SB-1, establishing School Resource Officers, were signed by Governor Mike Pence (R).
Iowa
The Iowa legislature has adjourned.
Kansas
The Kansas legislature has adjourned. Governor Brownback has signed SB-21, a Right-to-Carry reform bill, HB-2052, allowing citizens to carry concealed handguns in a public building that “does not provide adequate security,” and HB-2199, upholding the Second Amendment against federal intrusion. SB-45, prohibiting tax dollars to be 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 Governor Steve Beshear.
Louisiana
The Louisiana legislature convened on April 8. The House passed by overwhelming votes the following bills: HB-5, blocking enforcement of federal gun laws; HB-6, allowing off-duty police officers to carry firearms on school campuses; HB-8, further limit information on Right-to-Carry permittees; and HB-265, allowing a lifetime concealed carry permit. These four bills were reported favorably by the Senate Judiciary Committee C on May 7. HB-21, court clerks would notify NICS within 30 days is someone is adjudicated mentally ill became substitute bill 717. HB-45, allowing gun dealers and manufacturers to circumvent any new federal laws and HB-48, allowing off-duty and retired police officers to carry in bars and restaurants passed the House 77-20 and have been referred to Senate Judiciary C. HB-98, allowing Sheriffs of contiguous parishes to recognize their respective concealed carry permits, has passed the House. HB-141, requiring firearms purchasers to prove completion of a safety course, and HB-4, requiring all gun owners to secure firearms in locked container have been involuntarily referred in Committee–dead for the session. On April 25 HB-48 was amended on the House floor to include anyone to carry openly in restaurant that serves liquor and then passed the House. However, it was killed by the Senate Committee on Judiciary B.
Maine
Governor LePage signed LD-345, a bill to keep information concerning concealed carry applicants and permittees confidential. 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 pass.
Maryland
The Maryland legislature has adjourned.Gov. Martin O’Malley (D) has signed SB-281 that includes bans on semi-automatic rifles, registration of “regulated firearms” before Nov. 1, 2013, magazine capacity restrictions, and a state license to purchase a handgun.
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 gun owners to carry liability insurance have been introduced but no bill language is yet available.
Michigan
On May 8 Governor Rick Snyder signed a law blocking a statewide vote on a 2012 law that allows wolf hunting in 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. On May 9 Democrat Reps Jim Townsend, Vicki Barnett and Andy Schor announced the introduction of several anti-gun bills, as of May 15 none of the bills had bill numbers.
Minnesota
According the Associated Press (AP) House Speaker Paul Thissen stated, “I don’t think there’s a bill that can pass the House of Representatives this year.” In doing so he has blocked any gun legislation for this session of the legislature. Many 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, increase 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. A bill, SF-235, similar to HF-237 that was tabled in February, 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, which 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 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 (NCIS), were also signed by the governor.
Missouri
SJR-14, a proposed constitutional amendment declaring gun rights “unalienable” has passed the Senate and was referred to the House Rules Committee. HB-436, that passed the House by 116 to 38 and the Senate by 26-6, would nullify every federal gun control law on the books or in the future. The votes have ensured that if Governor Jay Nixon vetoes the bill it will be overridden. HB-8, transferring the authority for Right-to-Carry permits from the Missouri Department of Revenue to Missouri Sheriffs, has finally passed both Houses.
Three bills restricting the rights of law-abiding gun owners have been introduced in the Missouri legislature and have not been considered by their respective committees: 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; and 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 and has received a Do Pass recommendation in the Senate. HB-787, prohibiting the Department of Revenue from sharing information including concealed carry information with the federal government, has had an Executive Session in the Senate.
Montana
The Montana legislature adjourned on April 24, 2013. Gov. Steve Bullock (D) signed SB-145, prohibiting the media to print 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
A late amendment to SB-221, a bill mandating background checks for all firearms’ purchase, was placed on the Senate Finance calendar with an exemption to proceed.
New Hampshire
HB-135 passed the House on March 27 189-184. 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 awaiting action by 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
On May 20 the Assembly passed AB-3796, establishes a 180-day period for disposal of an illegal weapon; AB-3797, reporting of firearms trafficking crimes; and AB-3583, establishing an 11 member School Security Task Force. These three bills now go to Gov. Christie. The Senate advanced several bills on May 14: AB-3717, to allow NJ to submit mental health records to NICS; SB-2468, includes impoundment of a motor vehicle in which an illegal handgun, rifle or shotgun is found; SB-2719, The Anti-Gun Trafficking Bill; SB-2720, the total number of firearms purchase permits are a public record; and SB-2725, making the possession of an air gun a third degree crime.
Several bills that are part of a Senate gun bill package were not addressed on May 14, but will be taken up at the next session of the Senate before the end of the month.
New Mexico
New Mexico legislature has adjourned for the year. Although HB-77, a gun show background check bill, died, it has now been revealed that Mayor Bloomberg’s Mayors Against Illegal Guns was responsible for ads promoting the bill.
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 Governor 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.
On Long Island the Suffolk County legislature passed a measure that would remove handguns from psychiatric patients.
North Carolina
HB-17, making information of holders of Right-to-Carry permits accessible only to the police and allows RTC holders to carry into establishments that serve alcohol and HB-17 have passed the House and has been assigned to the Senate Judiciary Committee. HB-937, a Right-to-Carry reform bill, passed the House and has been assigned to the Senate Rules Committee. S-201, allowing suppressors to be used for hunting, and SB-443, a bill to allow the sale of firearms received by law enforcement rather than destroying firearms, have passed the Senate. HB-714, forbidding law enforcement officers from destroying fully operational firearms passed the House by a vote of 91-22. HB-49 would allow employees to keep their firearms in their locked vehicle when parked on the employer’s property.
North Dakota
The North Dakota legislature adjourned on May 4. In April Governor 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-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. Senate President Peter Courtney (D) sent the following bills back to the Rules Committee: SB-347, prohibits guns in schools but allows a school district “opt-out”; SB-699, modifying carrying a concealed firearm in a public building, SB 700, universal criminal background check requirement; and SB-796, making a live fire demonstration and test a requirement for a Right-to-Carry permit. This should effectively kill these bills for the 2013 session. In addition he send SB-758 that requires liability insurance for gun ownership to the Rules Committee.
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 the only Florida permits of Florida residents will be recognized. The modification goes into effect on June 8, 2013. 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
At a hearing on May anti-gun bills were heard in the House Judiciary Committee and they were all “recommended for further study.” It is unlikely that any of these bills will be considered again this session.
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 a 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. Governor 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. Governor Bill Haslam (R) has signed the following bills: HB-6, allowing school personnel to be armed with training; HB-9, making information concerning the application and the issuance of a carry permit confidential: HB-118, the Safe Commute Act; HB-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; and HB-6, allowing trained school personnel to possess a firearm on school property, is awaiting action by the Governor.
Texas
SB-17, allowing certain teachers to carry a concealed handgun on school premises, passed the House on May 20. It now goes back to the House that already passed it and then to Gov. Rick Perry. On May 4 HB-972, allowing persons with Right-to-Carry permits to carry on college and university campuses, was passed by the House 102-41 and on May 14 the Senate Criminal Justice Committee also passed it 4-2. 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 awaiting a vote by the House Calendars Committee to proceed to the House floor. 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.
Utah
The legislature has adjourned. Gov. Gary Hebert 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 Governor Gary Herbert. The legislature failed to obtain the two-thirds vote necessary to override the veto.
Vermont
The Vermont legislature adjourned on May 15. Anti-gun bills HB-124 and HB-125 have died in committee.
Virginia
The Virginia legislature has adjourned. Governor Bob McDonnell has signed the following bills into law: 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) may 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. Gov. Matt Mead signed SF-132 into law allowing the use of suppressors while hunting. HB-0041 that includes a $250,000 budget item if any federal actions limit big game hunting with high-power rifles has become law effective July 1, 2013.
