By Tanya Metaksa
In the U.S. Congress in 2023, anti-gun politicians have become more brazen and bold in their legislative attack on the Second Amendment, i.e. your rights!
Sixty years ago they were calling for waiting periods, now they are calling for federal laws to force law abiding gun owners to get a license in order to own a firearm. Although the Assault Weapons Queen Dianne Feinstein is no longer with us, Sen. Angus King (ME-Independent) is “working on” a new assault weapons ban, while Sen. Elizabeth Warren (D-MA) has introduced federal controls on ammunition.
At the state level, despite the NYSRPA v. Bruen Supreme Court victory in 2022, the attacks are ongoing. In fact the legislation in the restrictive states has becomes so absurd that they are attempting to turn entire states into a single “gun-free” zone. Last year I wrote there is a “significant political divide between the states.” This year the divide has expanded into an ever enlarging Grand Canyon. There is a bright spot since in 2023 two more states joined the twenty-five states that had already enacted constitutional carry laws: Florida, and Nebraska.
The year began with the Biden Administration flexing their anti-gun muscles by publishing the pistol brace rule, Illinois passing an assault weapons bill at the last possible moment and Representative Kevin McCarthy surviving 14 losing votes to become Speaker of the House of Representatives for ten short months. It really wasn’t an auspicious start for American gun owners.
January
BATFE: published the pistol brace rule on Jan. 31, 2023.
House of Representatives: It took Rep. Kevin McCarthy (R-CA) surviving 14 losing votes to became Speaker McCarthy as a group of 20 conservative representatives refused to vote for him unless he agreed to procedural concessions.
Illinois: SB2226, an assault weapons bill, passed the legislature and was signed by Gov. Pritzker at the last possible moment before the 2023 legislature was sworn in.
New Jersey: Governor Phil Murphy signed 4769, a Bruen response bill, that bans carrying a firearm almost everywhere except at home, increases fees, uses prior speech and subjective standards to disqualify a person and mandates liability insurance.
Ohio: SB185, a bill guaranteeing 2A rights during an emergency, was signed by Gov. Mike DeWine on January 3, 2023.
February
BATFE: Begins its targeting of FFLs by threatening license revocations.
Constitutional Carry bills were introduced in Florida, Nebraska, North Carolina, South Carolina, and Virginia. And even in the US Congress—S.1522 and H.R.38.
California: CRPA letters to County Sheriffs appear to be helping free the log jam in Right-to-Carry pistol permit applications.
New Hampshire: The House defeated three anti-gun bills: HR8, HB158 and HB191.
March
Indiana: HB1077, became a constitutional carry bill.
New Hampshire: House defeated another anti-gun bill.
New Mexico: All bills with the exception of HB9, a gun owner liability law that was signed by Gov. Michelle Lujan Grisham, have died upon adjournment.
North Carolina: Gov. Roy Cooper vetoed the omnibus firearms bill, SB41.
South Dakota: Gov. Kristi Noem signed SB98, removing the requirement to be fingerprinted when seeking a renewal of an enhanced permit, which passed the legislature by overwhelming majorities.
Wyoming: Gov. Gordon signed SF120, a bill returning gun rights to non-violent felons five years after completing their sentence.
Hawaii: Honolulu-Bill57, another Bruen response bill, was signed on March 31 by Mayor Rick Blangardi.
Virginia: Gov. Youngkin signed: HB2467, allowing the use of a non-photographic ID in the purchase of a firearm; HB2387, a tax credit of up to $300 towards the purchase of a gun safe; HB1422,adding a USCCA course to the list of training requirement for carry permits; HB2298, allowing switchblade knives to be carried; and HB2449, protecting Virginia CHP information.
April
Arizona: Gov. Katie Hobbs was busy with her veto pen. After vetoing SB1096, a bill to discourage discrimination against the firearms industry, she also vetoed SB1331, allowing parents of a child who is a student at a public school to carry on school grounds, and SB1428, preventing localities from banning gun shows.
Florida: Gov. Ron DeSantis signed the constitutional carry bill, HB543.
Idaho: Gov. Brad Little signed three bills into law: SB1173, expanding legally protected options for self-defense; HB290, ensuring that banks doing business with Idaho government entities do not boycott the firearms industry; and HB295, prohibiting credit card companies from using a firearms-specific code.
Indiana: HB1323, a bill prohibiting the public dissemination of information regarding persons who have carry permits, was signed by Gov. Eric Holcomb.
Kansas: Gov. Laura Kelly again vetoed HB2304, a firearms safety measure for Kansas schools;
Kentucky: HB153, which invalidates federal firearms bans, has passed the legislature and became law without Gov. Anthony Beshear’s signature.
Maryland: Although the legislature adjourned in April they passed legislation in response to the Bruen decision: SB1, unconstitutional restrictions on the right to carry with a permit in Maryland; HB824, increasing application fees for carry permits; and SB858, increasing the age of a minor from 16 to 18 years of age for mandatory firearms’ storage.
Minnesota: Gov. Tim Walz signed SB2909, the omnibus gun control bill that includes both red flag gun confiscations and universal background checks,
Nebraska: Gov. Jim Pillen signed LB77 making Nebraska the 28th constitutional carry state.
North Carolina: Gov. Roy Cooper vetoed SB41. The legislature OVERRODE his veto.
Washington: Gov. Inslee signed SB5078, a bill to bankrupt the firearms industry in Washington; HB1143, a bill requiring proof of training prior to firearms’ purchase; and HB1240, an assault gun ban bill, which became law immediately upon being signed.
May
BATFE: BATFE Director Steve Dettelbach promised enforcement of the pistol brace rule which became law June 1, 2023. Estimates of currently owned pistol braces are between 3-7 million. As of April 30 only 125,00 ATF forms had been filed.
Michigan: The bills that made up Michigan’s new red flag law were signed by Gov. Gretchen Whitmer on May 22.
Tennessee:. SB494/HB395, that allowed hunters to carry a handgun while hunting as long as the handgun is not used for “the taking of game,” was signed by Gov. Bill Lee.
June
House passed H.J. Res. 44, to overturn the Biden Pistol Brace Rule on June 13, on a 219-210 vote. This House of Representatives Joint Resolution provided for congressional disapproval of the BATFE promulgated rule. It failed in the U.S. Senate on a 49-50 vote.
California: Los Gatos—On June 20, Los Gatos ordinance that would prohibit concealed carry permit holders from bringing their firearms to schools, public transportation and town property was approved and it went into effect Aug. 1.
Colorado: SB279 banning custom firearms, so called “ghost guns”, passed and was signed Gov. Jared Polis on June 3.
Connecticut: HB6667, Gov. Ned Lamont’s omnibus gun ban bill, a comprehensive anti-gun bill that included one gun a month, safe storage, increased training requirements, prohibition of—open carry, ghost guns, carrying a loaded gun in a vehicle, and large capacity magazines passed the legislature and was signed by Gov. Lamont.
Hawaii: SB1230, a post-Bruen bill that expands gun-free zones and requires mandatory insurance coverage, was passed and was signed by Gov. Josh Green on June 2.
Louisiana: Constitutional Carry bill, HB131, dies in the Senate as the legislature adjourns.
Maine: Maine is in special session. On June 26 after the House passed LD168, background checks for sale and transfer of firearms on private sales, by one vote, the Senate voted 13-21 against the measure.
Nebraska: Passed constitutional carry becoming the 26th state to enact this legislation.
Oregon: The legislature passed two anti-gun bills that had been promoted by Governor Tina Kotek. On June 22, 2023 the House voted 34-14 to pass the HB2005, prohibiting the possession of existing home-built firearms and the raw materials for producing them, unless they have a serial number and are recorded by a Federal Firearms Licensee,and in the final minutes before adjournment HB2572, the “paramilitary bill” was passed. Gov. Tina Kotek signed both bills.
Texas: During the biannual legislative session the following bills were passed and signed by Gov. Greg Abbott: HB1760, clarifying what actually encompasses a restricted area for school gun free zones; HB2837, a bill to prevent the use of a firearm specific banking code; and HB3137, restricting local governmental districts from requiring firearms owners to purchase liability insurance.
July
H.R. 4366, The Appropriations bill for the Veterans Administration, was amended by Chairman of the House Veterans’ Affairs Committee Mike Bost (R-IL), with an amendment that would prohibit the VA from automatically reporting veterans to the National Instant Criminal Background Check System (NICS) if someone else (a fiduciary) is handling their financial affairs. On July 26, the bill passed the House 228-206.
Alaska: HB61, a bill that prohibits state and local governments from denying Second Amendment rights to Alaskans during a state of emergency, was passed by the legislature and signed by Governor Mike Dunleavey.
Florida: Constitutional carry became effective July 1 in Florida;
Hawaii—Acase was filed on June 23 challenging most of SB1230, the law signed by Gov. Green that designated most of the islands of Hawaii as “sensitive places” where carry permits are not recognized and required that signage be posted to allow carry.
Indiana—Indianapolis City Council: Although Indiana has a preemption law the City Council voted to pass 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.
August
California: The legislature began its final month with a push for more gun control laws.
Illinois: Gov. J.B. Pritzker signed HB218, a bill to prevent the marketing of firearms to minors, while attending a rally of Second Amendment opponents. During the first week in August CWBChicago.com, an online newsmagazine, ran story after story of armed crimes in Chicago where criminals are not being stopped.
Tennessee: On August 8 Governor Bill Lee signed a proclamation calling the General Assembly back into session and sent out a press release. The Special Session began on August 21 and they spent almost two weeks unable to pass more gun laws before adjourning on Aug. 30, in time for the Labor Day weekend.
September
The Biden Administration’s BATFE on the Friday before Labor Day presented a new rule, docket number ATF 2022R-17. The proposed rule would require anyone who sells firearms online, at gun shows or anywhere, even from a private collection, to obtain an FFL. A a 90-day comment period began that would end on December 7.
Biden Administration’s Department of Education is interpreting Section 13401 to prohibit the Department of Education from providing funding for hunter safety education and archery classes.Ten U.S. Senators sent a letter to the Senate Appropriation Committee requesting that the FY 2024 LHHS bill include text expressly supporting “educational enrichment activities and instruction, such as archery, hunter safety education, outdoor education or culinary arts.”
California: Four bills were signed by Gov. Newsom: AB28, a bill that adds an excise tax of 11% on all firearms, firearms precursor parts and ammunition, AB301, adding the acquisition of body armor as another basis for issuing a GVRO, gun violence restraining order, SB452, banning all semi-automatic handguns without micro-stamping technology, and AB1587, requiring merchant codes for sales of firearms, ammunition and firearms accessories.
Massachusetts: On Sept. 27 Massachusetts gun owners held a Boston Common rally against more Massachusetts gun laws.
New Mexico: On Sept. 9 Governor Michelle Lujan Grisham declared a public health emergency and banned all concealed and open carry statewide for the next month or possibly longer effective immediately. On the same day, two lawsuits were immediately filed in US District Court for the District of New Mexico: 1. NAGR v. Grisham was filed US District Court for the District of New Mexico. The Plaintiffs pray that the Court enter a declaratory judgement pursuant to 28 U.S.C. § 2201 that the Carry Prohibition is unconstitutional on its face or as applied to the extent it prohibits law-abiding adults from engaging in Plaintiff’s Proposed Conduct. 2. DONK v. Grisham was filed in the US District Court for the District of New Mexico by Gun Owners Foundation: Plaintiffs request an immediate Temporary Restraining Order be issued on an emergency basis, followed by a preliminary and then permanent injunction. Judge David H. Urias granted the plaintiffs motion for a Temporary Restraining Order in DONK v. Grisham on September 13. On September 15, Gov. Grisham updated her public health order by “Removing the previous provision around firearms and replacing it with a provision that temporarily suspends the carrying of firearms at parks and playgrounds in Albuquerque and Bernalillo County.”
October
Biden Administration: On Oct. 27, the Biden Administration stopped the Firearms Industry’s Commercial Export Business.
U.S. Congress: The vote on Protecting Hunting Heritage and Education Act, H.R.5110, was 421-1 in the House and passed in the Senate by unanimous consent. President Biden signed it on Oct. 6. This bill reversed the Biden administration’s illegal policy on hunter safety education and archery made possible by the so-called “Bipartisan Safer Communities Act” that passed in June 2022.
California: Upon the death of Senator Diane Feinstein, Governor Gavin Newsom announced that he would appoint a black woman to take her place. He was very definite that this new Senator would not be any of the people who have already announced their candidacy for the 2024 general election. Surprisingly he appointed Laphonza Butler, a black activist who has been President of Emily’s List since 2021.
Louisiana: Attorney General Jeff Landry, who was endorsed by the NRA-PVF, won the election for Governor by getting 51.6% of the vote. Landry had publicly supported the constitutional carry bill that was killed by the Democrats in the Senate. “The current governor of this state has vetoed constitutional carry but we’re going in and passing that,” Landry told Breitbart, referring to outgoing Democrat Governor John Bel Edwards.
New Jersey: After negotiations with training facilities and attorneys the state of New Jersey has again revised its training requirement for a carry permit for the third time in one year.
New Mexico: Gov. Grisham’s modified executive order against guns in parks and playgrounds was extended until Nov. 3.
November
Politics: Unfortunately for Virginia gun owners, Democrats took back control of the House of Delegates and thus are in control of the legislature for the next two years. Governors races: In Mississippi current Governor Tate Reeves, who was endorsed by the NRA Political Victory Fund again, beat his Democrat opponent. In Kentucky the NRA endorsed candidate for Governor, Daniel Cameron, lost to incumbent Governor Andy Beshear.
Israel Knesset increased the number of persons that can have firearms in their homes by 400,000.
Michigan: On Nov. 20, Gov. Gretchen Whitmer (D) signed three bills dealing with firearms and domestic violence: HB4945, extending the sentencing guideline to prohibit persons convicted of domestic violence from buying/owning a firearm or ammunition for eight years; SB471, adding the misdemeanor conviction of domestic violence as a prohibitor to firearms and ammunition possession; and SB582, expanding the definition of domestic violence to include more events.
New York: The 2013 NY State SAFE Act implemented a registration requirement for the purchase of ammunition. However, it took 10 years for New York State government to implement the software needed to meet the needs of the SAFE Act. The law took effect this year. After its implementation NY gunners are witnessing the unintended consequence of this law. As those needing ammunition have been discovering, the implementation of this law has not been going smoothly. Also, the cost of ammunition in NY has gone up due to dealer’s requirement to keep these records. The only people applauding this law are firearms dealers who have shops in Pennsylvania, Vermont, Massachusetts and Connecticut along New York’s borders.
December
California: DOJ proposes regulation excluding NRA certified instructors from those that can train people for concealed carry permits.
Nebraska-City of Kearney: gun-free ordinance was repealed on a 3-2 vote.
2023 is ending with the same states having onerous gun laws and trying desperately to dissuade law-abiding gun owners from bothering to own guns and especially carrying them. We begin on the east coast starting at Massachusetts and going south until Virginia. Now we add Illinois, Michigan all alone in fly-over country plus the far flung state of Hawaii. Then we restart in the west coast with Washington and go south to include Arizona and New Mexico. At that point the list runs into Texas where it stops. The constitutional carry movement is still on the move, but at a greatly reduced pace from a few years ago. With the addition of Florida and Nebraska we have crossed the midpoint. Legislatures in the Carolinas are still working on these laws and hopefully Louisiana in 2024 will be able to become number 28 due to a new Republican governor, who supported the 2023 bill.
