By Tanya Metaksa
What’s New—Constitutional Carry bills introduced and moving through legislature: 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; Alabama: The House Judiciary Committee passed HB234, a bill to make the possession of “trigger activators” a felony; California: Anti-gun bills on the move: 5 Assembly bills and 3 Senate bills; Arizona: SB1096, a bill to discourage discrimination against the firearms industry, was vetoed by Gov. Katie Hobbs. Colorado:HB1230 is scheduled for a hearing on April 19 before the House Judiciary Committee; Hawaii: HB426 passed in the House 21-3 and now goes to Governor Josh Green, who is expected to sign it. Differences in SB1230 will probably go to a conference committee; Iowa: HF654, originally numbered HSB173, allowing adults who are licensed to carry firearms to drive onto school grounds to pick up or drop off students. Was passed by the House 62-37; Kansas: Gov. Kelly has again vetoed HB2304, a firearms safety measure for Kansas schools; Maine: All firearms bills have been carried over to any special or regular session of the 131st Legislature. Those bills have effectively been killed; Maryland: The Maryland legislature has adjourned but prior it passed: SB1, SB858, and HB824; Michigan: Red flag confiscation laws were passed in the House on April 13; Montana: both HB659 and HB674 were passed by the legislature this past week, they now go to Governor Greg Gianforte; Nevada: AB354, a bill to expand gun free zones, and AB355 have passed the Assembly Judiciary Committee; Oklahoma: HB2218, a bill to stop any taxpayer funding of businesses that discriminate against the firearms industry, passed the House but was defeated 4-5 in the General Government Committee of the Senate. Oregon: HB 2005 A the bill promoted by Gov. Tina Kotek and Attorney General Ellen Rosenblum, now includes the old HB2006, prohibiting citizens 18-21 years of age from possessing semi-automatic firearms, and the old HB2007, and is scheduled for a vote on the House floor on May 2; then would be prioritized in the Senate and not need to be approved by the Senate Judiciary Committee; Rhode Island: On April 17 the House Judiciary Committee is holding a hearing on approximately 30 anti-gun bills. The agenda is available online; Texas: The House Select Committee on Community Safety held a hearing on gun bills and passed several favorable to gun owners; Washington: The legislature has passed 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. All three now go to Gov. Inslee and HB1240 will become law immediately once it is signed.
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 sine die
Alabama: The House Judiciary Committee passed HB234, a bill to make the possession of “trigger activators” a felony.
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 on March 22..
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, has passed two committees and is awaiting votes in the Senate.
Arkansas: The Arkansas legislature has adjourned.
California—A hearing was held before the Assembly Public Safety Committee on AB574, an over-the-top bill aimed at ensuring that whenever a person purchases a firearm that they certify, subject to a felony conviction, that they know where all their firearms are stored. It is a bill that will help decimate the number of FFLs remaining in CA. Additionally AB36, increasing the time a person subjected to a protective order from possessing a gun to three years “after” the order has expired, is also awaiting action in that committee. The following bills were passed by the Assembly Public Safety Committee: AB455, prohibited persons list expanded with added new misdemeanors, AB97, banning unserialized firearms, and AB301, the prohibition on owning body armor, and are now before the Assembly Appropriations Committee. 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. SB8, firearms liability insurance, has been amended to delete the civil liability section and is scheduled for a hearing April 26.
Colorado: The following four bills SB168, sue firearms manufacturers, 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 are awaiting Gov. Polis’ signature. 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. HB1230 is scheduled for a hearing on April 19 before the House Judiciary Committee.
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.
Florida: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.
Hawaii: Gun bills are passing in Hawaii with lightning speed. On April 11 HB426 passed in the House 21-3 and now goes to Governor Josh Green, who is expected to sign it. Todd Yukutake of the Hawaii Firearms Coalition described the legislation: This bill will result in Hawaii firearm stores, gunsmiths, and manufacturers getting sued due to criminal use of their legally sold firearm products. This bill continues to advance through the legislature and is likely to pass. This will be a difficult law to overturn in a lawsuit and it will cost a lot of money to litigate, and in the end you may have to live with it. Review your marketing and sales practices. For example, taking ammunition off the customer shelves and putting it behind the counter to stop shoplifting. You can be 100% right, however people will still sue and it’ll cost you legal fees. SB1230, a post-Bruen bill that expands gun-free zones and requires mandatory insurance coverage, was amended and then passed in the House. The Senate disagreed with the Houses amendments. The bill now heads to a conference committee.
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.
Iowa: HF654, originally numbered HSB173, allowing adults who are licensed to carry firearms to drive onto school grounds to pick up or drop off students was passed by the House 62-37.
Kansas: Gov. Kelly has vetoed HB2304, a bill to strengthen firearm safety education in the schools. 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: All firearms bills have been carried over to any special or regular session of the 131st Legislature. Those bills have effectively been killed. The bills include allSunday hunting bills: LD626, allowing with landowners 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 and all anti-gun bills: LD1255, banning firearms at polling places, 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: Although the legislature has adjourned they passedSB1, very restrictive legislation in response to the Bruen decision, HB824, increasing application fees for carry permits, and SB858, increases the age of a minor from 16 to 18 years of age for requiring firearms’ storage.
Michigan: On April 13the House amendedSB83, a bill toenact extreme risk protection orders, raising the standard of evidence to “clear and convincing evidence,” for an ex parte order, and then passed it. In addition, they passed House Bills 4145-4148, enabling “red flag” confiscation. These bill will now go to the Senate. 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 3 extreme risk protection acts on March 16 and they are currently referred to the House Committee on the Judiciary: 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: 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.
Missouri: HB282 and SB224, allowing the carrying of firearms on public transit, were introduced. The House Emerging Issues Committee passed HB282.
Montana: The Senate passedHB659, give Right-to-Carry permittees a 30-day grace period in renewing permits, on April 13 and then on April 14 it also passed HB674, creates an optional, enhanced concealed carry permit that will recognize Montanans’ concealed carry permits in five additional states, both by a 45-5 vote. The bills now go to Gov. Greg Gianforte.
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: The Assembly Judiciary Committee passed both 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 that 21 years of age from possessing a firearm.
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.
Oklahoma: HB2218, a bill to stop any taxpayer funding of businesses that discriminate against the firearms industry, passed the House but was defeated 4-5 in the General Government Committee of the Senate. 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; 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.
Oregon: HB 2005 A the bill promoted by Gov. Tina Kotek and Attorney General Ellen Rosenblum, now includes the old HB2006, prohibiting citizens 18-21 years of age from possessing semi-automatic firearms, and the old HB2007, and is scheduled for a vote on the House floor on May 2; then would be prioritized in the Senate and not need to be approved by the Senate Judiciary Committee. 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, has passed the Senate Judiciary Committee. SB393, that most of the members of the committee do not know what it does, appears to be a shell bill that Senator Prozanski can put any anti-gun proposal into and has yet to move. Bills awaiting action: SB551, requiring schools to provide information on “secure storage of firearms”. 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.
Rhode Island: On April 17 the House Judiciary Committee is holding a hearing on approximately 30 anti-gun bills. The agenda is available online.
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: The House Select Committee on Community Safety held a hearing on gun bills and passed several favorable to gun owners. Also HB2837, a bill to prevent the use of a firearm specific banking code, and HB1623, banning possession & transfer of firearms with removable magazines bigger than .22 have 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.The bill enables an extreme risk protection order to be issued against a firearms owner as well as a waiting period for the transfer of a firearm between 72 hours and 7 business days.
Washington: The legislature has passed 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 weapon” ban bill.
Last Friday, the House declined to concur on two Senate amendments to SHB1240 and has asked the Senate to withdraw them. Lawmakers will have to scramble if they hope to solve the disagreement.
