By Tanya Metaksa
What’s New—Constitutional Carry bills introduced and moving through legislature: Florida: Gov. Ron DeSantis signed the constitutional carry bill, HB543. Nebraska: LB77 passed the second reading on March 30; South Carolina: The subcommittee of the Senate Judiciary Committee held a hearing on SB109, another a constitutional carry bill, on April 5 and amended it with more gun owner friendly amendments; Arkansas: The Arkansas legislature has adjourned. Colorado: The following four bills SB168, SB169, SB170 and HB169 passed both houses of the legislature and are awaiting Gov. Jared Polis’ signature; Hawaii: HB984, had a vote on the bill deferred again on April 6; Idaho: The Idaho legislature has adjourned. Gov. Brad Little signed three bills into law this past week: SB1173, expanding legally protected options for self-defense, HB290, a bill ensuring that banks that deal with Idaho government do not boycott the firearms industry, and HB295, prohibiting credit card companies from using a firearms-specific code. Indiana: HB1323, a bill prohibiting the information regarding persons who have carry permits, was signed by Gov. Eric Holcomb; Maine: 3 bills allowing Sunday hunting are before the Inland Fisheries and Wildlife Committee on April 10; Maryland: SB1, a very restrictive state law in response to the Bruen decision, passed the Senate 31-16; and is on the move in the House; Mississippi: The legislature has adjourned. HB912, prohibiting enforcement of federal laws governing firearm suppressors for those manufactured and possessed in the state, and HB1110 that would stop the use of the gun store MCC, have passed the legislature and been sent to Gov. Tate Reeves; Nevada: two bills were scheduled for a hearing on 24-hour notice; On April 5, SB294, a mandatory firearm storage bill is before the Senate Judiciary Committee; Oklahoma: April 3 was NRA day in Oklahoma; Oregon: HB 2005 A the bill promoted by Gov. Tina Kotek and Attorney General Ellen Rosenblum, now includes HB2006, prohibiting citizens 18-21 years of age from possessing semi-automatic firearms, and HB2007, and has passed the House Ways and Means Committee. The next stop is a vote on the House floor and then would be prioritized in the Senate and not need to be approved by the Senate Judiciary Committee; Texas: The House Select Committee on Community Safety held a hearing on gun bills on April 4; Vermont: The Senate Judiciary Committee held a hearing on H230, “an act relating to implementing mechanisms to reduce suicide;” Washington: HB1143, a bill requiring proof of training prior to firearms’ purchase, and HB1240, banning so-called “assault weapons” were passed by the Senate and now go to Democrat Gov. Jay Inslee.
2023 Congressional Activity/Biden Administration
US Congress: Bills preceded by a * are newly added this week.
New Pro-Gun Bills
H.R. 1614, Range Access Act, increase national outdoor recreation opportunities (shooting ranges) on BLM land.
Anti-gun bills
S.173 A safe storage law, named “Ethan’s Law” was introduced by Senators Richard Blumenthal (D-CT) and Chris Murphy (D-CT), penalizing any adult that allows a minor, less than 18 years of age, to gain possession of a firearm. The bill’s storage requirements are onerous and the penalties include forfeiture of the firearm, jail time and fines. Rep. Rosa DeLauro (D-CT01) is submitting a companion bill, but no bill has yet been submitted.
H.R.584, Stop Online Ammunition Sales Act of 2023, has been introduced by Rep. Bonnie Watson Coleman (D-NJ). Rep. Coleman was endorsed in 2022 by Michael Bloomberg’s Everytown organization. All sellers of ammunition would be licenses and required to confirm identity of the buyer in person with a photo ID. And all purchases of more than 1,000 rounds would be required to be reported to federal, state and local law enforcement.
H.R.715: Brian Fitzpatrick, a Republican Representative from PA who voted for the 2022 Assault Weapon ban in Congress, has now authored HR715 that would implement a gun registry. HR715 has 180 cosponsors.
S.1522, with 43 co-sponsors on Feb 1. Senators Diane Feinstein (D-CA) and the two Democrat Senators from CT,Chris Murphy and Richard Blumenthal, announced the introduction of two anti-gun bills: The S.25, Assault Weapons Ban, and S.14, the Age 21 Act. Congressman David Cicilline (D-R.I.) introduced a companion version of the Assault Weapons Ban, H.R. 698.
State Legislatures/Local communities
Louisiana, the last state to convene—April 10, 2023; Arkansas, Georgia, Idaho, Kentucky, Mississippi, New Mexico, South Dakota, Utah, West Virginia, Virginia and Wyoming have adjourned.
Alaska: HB61 and its companion bill SB63 were introduced in a bipartisan effort to get this concept passed into law. The bills prevent the prohibition, regulation, or seizure of citizens’ Second Amendment rights during a declared State of Emergency unless all forms of commerce are effected. HB61 passed the Community and Regional Affairs Committees or March 22 by 4-1 and was referred to the State Affairs Committee. In the Senate Community and Regional Affairs Committees there was no recommendation for SB63 but it was referred to the Senate Judiciary Committee.
Arizona: SB1096, a bill to discourage discrimination against the firearms industry, was vetoed by Gov. Katie Hobbs. The Senate has passed both SB1331, allowing parents of a child who is a student at a public school to carry on school grounds, and SB1109, removing suppressors from prohibited weapons category.
Arkansas: The Arkansas legislature has adjourned.
California—At the end of March the Assembly Public Safety Committee passed AB455, “prohibited persons” list expanded with added new misdemeanors, and the Senate Public Safety Committee passed SB2, that circumvents Bruen by adding new criteria for carrying a firearm, and SB368, a bill against firearms dealers. AB36, a person subjected to a protective order from possessing a gun will remain subjected to that order for three years “after” the order has expired. SB8, firearms liability insurance, has been amended to delete the civil liability section. AB97, banning unserialized firearms, passed the Public Safety Committee on March 7 by an 8-0 vote. AB301, the prohibition on owning body armor, has been amended by the author several times especially adding more exempt professions and on March 14 passed the Committee on Public Safety 6-2. SB2, which failed in the final minutes of the 2022 legislature, a revision of the carrying permit law, is being revived and pushed by Gov. Newsom.
Colorado: The following four bills SB168, allowing manufacturer lawsuits, SB169, minimum age for firearms purchase raised to 21, SB170, add more non-judicial people to the list who can file an Extreme Risk Protection Order to remove a person’s firearms, HB169, raising the minimum age for purchase, and HB1219, a three-day waiting period, passed both houses of the legislature. But each bill was amended in the second house of passage so they all must return to the originating house for either concurrence on amendments or a conference committee. Since it took for full days to get them passed concurrence is the likely outcome. There are still two more bills, HB1165, prohibiting discharge in neighborhoods with at least 35 dwellings per square mile, and HB1230, banning “assault weapons”, that the anti-gun Democrats want to get passed. Additionally, there is talk of a bill banning ghost guns as well. Connecticut: Three gun bills were heard by the House Judiciary Committee and they could be considered at any time: HB6667, Gov. Ned Lamont’s gun ban bill, HB6816, microstamping ammunition, age to purchase raised to 21, and bans body armor, and HB6817, clarifying a person’s right to own, possess or carry a firearm.
Delaware: The legislature refusing to allow public comment or debate passed Senate Concurrent Resolution 12, declaring “gun violence” and “public health crisis” in both Houses. It now goes to Governor Carney, who is expected to sign it.
Florida: The constitutional carry bill, HB543, passed the Senate on a 27-13 vote on March 30 and was signed by Gov. Ron DeSantis. SB150, passed 5-3 the Senate Fiscal Policy Committee on March 9 and is on 2nd reading in the Senate. The Senate passed SB214, that would stop the use of the gun store MCC and even fine the credit card companies $10,000 per violation by a vote of 27-11.
Georgia: The Georgia legislature has adjourned.
Hawaii: SB1230, a post-Bruen bill that expands gun-free zones and requires mandatory insurance coverage, is awaiting votes in the House. HB984, expanding gun free zones, had had a vote on the bill deferred again on April 6 and HB426, allowing frivolous lawsuits against firearms manufacturers and sellers, was passed by the Senate Judiciary Committee on March 30.
Idaho: The Idaho legislature has adjourned. Gov. Brad Little signed three bills into law this past week: SB1173, expanding legally protected options for self-defense, HB290, a bill ensuring that banks that deal with Idaho government do not boycott the firearms industry, and HB295, prohibit credit card companies from using a firearms-specific code have passed the legislature.
Illinois:HB3238, possession, sales, transfer of armor plate, body armor or military helmet would be illegal, and HB1231, requiring banks, pawn shots, grocery stores and gas station in cities of more than 2 million to have an armed security guard during hours of operation, have been introduced.According to a county map of Illinois on Twitteronly 2 county sheriffs have said they would enforce HB5471, the comprehensive “assault weapons” ban signed by Gov. Pritzker.
Indiana: HB1323, a bill prohibiting the dissemination of information regarding persons who have carry permits, was signed by Gov. Eric Holcomb.
Iowa: HSB173, allowing adults who are licensed to carry firearms to drive onto school grounds to pick up or drop off students. A subcommittee of the House Committee on Public Safety recommended Do Pass and the bill has been renumbered as HF654.
Kansas: HB2304, a bill to strengthen firearm safety education in the schools, has passed the legislature. In the past Gov. Kelly has vetoed similar bills. HB2412, eliminating fees for Right-to-Carry permits, was passed by the House on March 29 by a vote of 91-33. Attorney General Kris Kobach has stated his support for the bill.
Maine: LD626, allowing Sunday hunting on private property with landowner’s permission, LD1168, allowing Mainers to hunt on their own property if they own 5 or more areas, and LD1241, allowing Sunday hunting with a bow and arrow, will be before the Inland Fisheries and Wildlife Committee on April 10. Legal Affairs Committee is holding a hearing on LD1255, banning firearms at polling places, on April 5. A hearing was held on LD22, an antique gun bill that is different from federal statutes; LD60, a three-day waiting period after purchase of a firearms; and LD168, requiring background checks on all firearms sales.
Massachusetts: HB2334, sets up an illegal firearm tracking and tracing task force and a Mass firearms ID card would be required to go to a gun show, is before the Joint Committee on Public Safety and Homeland Security.
Maryland: SB1/HB824, very restrictive legislation in response to the Bruen decision, passed the Senate 31-16 and was scheduled for March 29 before the House Judiciary Committee. The bill was amended to remove some of the egregious “sensitive places”, but President Mark Pennak of Maryland Shall Issue stated, “It is still unconstitutional in its sweep to include multiple places as sensitive places.”
Michigan: The House passed the Senate’s package of storage requirement bills: SB79-Update weapons sentencing guidelines reference; SB80-the penalties for improper storage; SB81-Sales tax exemptions for firearm safety devices; and SB82-Use tax exemptions for firearm safety devices with amendments on March 22. The Senate on March 23 voted to concur with the House amendments and that package now goes to Gov. Gretchen Whitmer. After voting for the storage requirement package, the Senate then passed three House bills: HB4138-Require license or background check for purchase of firearms; HB4142-Update firearms references to pistol in penal code; and HB4143-Update firearms references in sentencing guidelines. Those additional bills are also headed to Gov. Whitmer’s desk. The following bills were passed in the Senate on March 16; SB76-Update references to pistol in penal code; SB77-Weapons; firearms; update references in sentencing guidelines; SB78-Adding penalties for storing or leaving a firearm accessible to a minor. Finally, the Senate passed three extreme risk protection acts on March 16 and they are currently referred to the House Committee on the Judiciary: SB83-Enact extreme risk protection order act; SB84-Prohibit purchase of firearms if individual has an extreme risk protection order; SB85-Guidelines for making a false statement in support of an extreme risk protection order; and SB86-Service of process for extreme risk protection order actions includes waiving court fees.
Minnesota: According to the MN Gun Owners Caucus 79 County Sheriffs are now pushing back against the DFL’s anti-gun agenda—up from 76 a week ago. The Public Safety Finance and Policy Committee adopted the following bills and re-referred them to House Ways & Means: HF396, a safe storage bill requiring locking devices to be included in every firearm transfer, HF14, a background check bill, HF15, a “red flag” bill, and HF601, requiring the reporting of stolen or lost firearms within 48 hours.
Mississippi: The Mississippi legislature has adjourned. The legislature passed HB1110 that would stop the use of the gun store MCC, it now goes to Gov. Tate Reeves.
Missouri: HB282 and SB224, allowing the carrying of firearms on public transit, were introduced. The House Emerging Issues Committee passed HB282.
Montana: HB674, creates an optional, enhanced concealed carry permit that will recognize Montanans’ concealed carry permits in five additional states, and HB659, give Right-to-Carry permittees a 30-day grace period in renewing permits, were both before the Senate Judiciary Committee for a hearing last week.
Nebraska: LB77, a constitutional carry bill, is up for its final reading and vote.
New Jersey: Bills introduced: A4557 will be upgrading the crime of manufacturing firearms from second to first degree. A4717, requiring psychological evaluation and in-home inspection as prerequisite to purchase firearms. S3003/A4502, expands sensitive places and S2847/A4369 prohibits possession of body armor.
Nevada: Republicans in the NV Assembly put out a caucus statement onthe hearing being held on April 5 on AB354, a bill to prohibit the possessing of a firearm within 100 feet of the entrance to a polling place, and AB355, prohibiting anyone less than 21 years of age from possessing a firearm. Both bills were included in an “irregular hearing on short notice
New York: Another anti-gun bill has been introduced—S5902, requiring proof of liability insurance prior to issuing a carry permit. More gun bills: A5199, excise tax on ammo; AB1892, requiring the posting of signage when the rate of “gun violence” in a particular area exceeds the national rate was introduced;SB430, prohibiting live ammo on a film production set and SB929 that would limit the sale “ammunition for assault weapons” to “two times the capacity” of the owner’s gun within a 120-day time frame.
North Carolina: The General Assembly put several bills together and passed SB41, a bill that expanded carrying on school property, repealed pistol purchase permits, and launched a safe storage awareness initiative that Gov. Roy Cooper wasted no time in vetoing, survived THREE VOTES and the VETO is OVERRIDDEN!
Oklahoma: The following bills have passed the House during the last week of March: HB1404, removing prohibition of transport of firearms on a boat; HB2051, recognizes self-defense on private property; HB2139, authorizes school boards to allow Right-to-Carry permittees to carry on school property; HB2155, allows appeals in cases of self-defense; HB2218, a bill to stop any taxpayer funding of businesses that discriminate against the firearms industry; HB2644, allows persons to carry, transport and store firearms in locked vehicles; HB2645, clarifies the carry exemption for certain areas; HB2645, allows self-defense on municipal spaces; HB2737, removes the prohibition against 45-caliber firearms on Right-to-Carry permits; HB 2646, clarifies showing of licenses to law enforcement; HB2647, prohibits civil actions against the firearms industry; and SB721, clarifies the training requirements SJR9, adding an OK Second Amendment to the OK Constitution,introduced in the Senate is in the Senate Rules Committee. HB1001, a bill to lower the age a citizen can carry a firearm, has been introduced by Rep. Jim Olsen (R) and passed the State Powers Committee on March 1.
Oregon: HB 2005 A the bill promoted by Gov. Tina Kotek and Attorney General Ellen Rosenblum, now includes HB2006, prohibiting citizens 18-21 years of age from possessing semi-automatic firearms, and HB2007, and passed the House Ways and Means Committee on April 8. The next stop is a vote on the House floor and then the bill would be prioritized in the Senate and not need to be approved by the Senate Judiciary Committee. On April 4 the Senate Judiciary Committee was busy. SB348, a bill that makes it almost impossible to purchase a firearm and is liable to become a felon, if they own a magazine for a firearm. SB393, that most of the members of the committee do not know what it does, appears to be a shell bill that allows Senator Floyd Prozanski to put any anti-gun proposal into the Joint Subcommittee on Ways and Means, weakening Oregon’s firearms preemption law. This bill strips young adults of their right to own modern firearms, bans personally manufactured firearms, and places vast and unspecified areas of Oregon off limits to CHL holders. SB551, requiring schools to provide information on “secure storage of firearms”, has votes scheduled for April 4. The Judiciary Committee without recommendation referred HB2572 to the Rules Committee per the order of the Speaker—HB2572, creates a new definition for civil disorder which is defined as unlawful paramilitary activity and allows for civil action against persons engaging in the paramilitary activity
Pennsylvania: Another bill, HB465, banning the carrying of of any weapon including baseball bats to a public demonstration has been added to the following introduced bills: HB335, making an “accelerated trigger activator” a prohibited weapon; HB336, banning the sale or “assault weapon” and exempting current owners; HB337, requiring a 72-hour waiting period for firearms purchases; HB338, requiring the reporting of lost or stolen firearms within 72 hours; HB355, requiring the destruction of any recovered firearms that cannot be returned to their lawful owners within 120 days; HB226, concerning sale or transfer of firearms, introduced by 10 Democrats. The Judiciary Committee has hearing dates scheduled for March 14 and March 29, but only HB001 was recommitted to the Judiciary Committee on March 14.
South Carolina: The subcommittee of the Senate Judiciary Committee held a hearing on SB109, another a constitutional carry bill, on April 5 and it was amended to satisfy pro-gun Senators. HB3594, a constitutional carry bill, passed the House 87-26 on Feb. 23.
Texas: HB2837, a bill to prevent the use of a firearm specific banking code, has been introduced. HB1623, banning possession & transfer of firearms with removable magazines bigger than .22 has been introduced.
Vermont: The Senate Judiciary Committee is holding a hearing on H230, “an act relating to implementing mechanisms to reduce suicide,”on April 6.
Washington: HB1143, a bill requiring proof of training prior to firearms’ purchase, was passed by the Senate and now goes to Gov, Jay Inslee. On March 24 House Civil Rights and Judiciary Committee had scheduled an executive session for SB5078, an anti-firearms industry bill. The Senate Committee on Law & Justice passed in executive session HB1240, an assault gun ban bill, which is now in the Senate Rules Committee.
West Virginia: Adjourned
