By Tanya Metaksa
What’s New—Congress is in recess until after Labor Day; Democrat US Senators attack Department of Education’s interpretation of ESEA funding for hunting and fishing education in schools; Department of Education withholding funding from hunter safety and archery hunting programs in US schools; Rep Debbie Wasserman Schultz calls veterans who need fiduciary assistance “mentally defective”; Hawaii: Wolford v. Lopez: Several national media organizations have begun reporting on this case that was filed almost two months ago. The headline from ABC News was “Hawaii doesn’t want firearms on its beaches. The state’s latest gun control law goes before a judge.” US News & World Report must have stolen ABC’s headline because it was almost word for word; Tennessee: The Special session on gun laws is scheduled to begin Aug, 21. Nothing appears to be cast in stone. Tennesseans may leave a comment on the proposals on this webpage.
Bipartisan Safer Communities Act (BSCA)
Last week we reported that the BSCA, the “gun law” that was passed by Congress in 2022, is being used by the Biden Administration to stop funding of education program that support hunting (both archery and firearms) in US public schools.Fox News reported that National Shooting Sports Foundation’s Chief Counsel, Larry Keene, told them, “The Department of Education and Secretary Cardona are blatantly misconstruing the law to withhold funding from schools that choose to teach beneficial courses like hunter safety and archery.” Now more Senators are sending their comments to Education Secretary Miguel Cardona
Senators Jon Tester (D-MT), Joe Manchin (D-WV) and Kyrsten Sinema have joined Senators John Cornyn (R-TX) and Thom Tillis (R-NC), both supporters of the BSCA, and sent letters to Cardona asking him to reverse the agency’s interpretation of the law.
Manchin told Fox News Digital on Aug. 2, “The Bipartisan Safer Communities Act was an overwhelmingly bipartisan bill that addressed gun violence and mental health in our schools. Any defunding of schools who offer critical programs like archery and hunting clubs would be a gross misinterpretation of the legislation and yet another example of this Administration trying to advance their radical agenda with blatant disregard for the law,”
Although Fox News has reported on August 2 that Rep. Mark E. Green (R-TN) was going to introduce a bill entitled Protecting Hunting Heritage and Education Act, disallowing the agency’s action, no bill has yet been introduced.
US Congress
Congress is in recess until after Labor Day
Let your Representative and Senator know your position on these bills.
S.2226, National Defense Authorization Act for Fiscal Year 2024: This bill has passed the U.S. Senate and it includes an amendment sponsored by Chairman Jack Reed (D-IL) that reauthorizes the Undetectable Firearms Act, a 1980s anti-plastic gun bill. When Congress returns in September there will be a clash with the House of Representatives over this bill. It is not a done deal.
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 (#35) that would stop 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. This automatic placing of veterans into the background check system because they have sought medical treatment for mental health issue is part of the original NICS law. During discussion of this bill, Representative Debbie Wassermann Schultz, (D-FL), who was essentially removed as Democrat Party Chairperson in 2016, called veterans who need “fiduciary assistance” mentally defective during a floor speech of the U.S. House of Representative. On July 26, the bill passed the House 228-206.
Legislatures/Local communities
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. All governments will not be able to close gun stores of restrict Alaskan’s firearms rights in the case of any emergency.
California— The legislature is in recess until August 15.
Hawaii—Acase was filed on June 23 challenging most of SB1230. The law signed by Gov. Josh Green designated most of the islands of Hawaii as “sensitive places” where carry permits are not recognized and requires that signage be posted to allow carry. The idea that Hawaiihas now prohibited carry firearms on beaches has become a newsworthy concept.
Tennessee: The Special Session on Guns is scheduled to begin August 21 to consider two bills, HB1233/SB1029 and a Temporary Mental Health Order of Protection Bill (TMHPB) (no number yet assigned). You may leave a comment on the proposals on this webpage. According to The Tennessean several Republican lawmakers who do not support Gov. Bill Lee’s bills are looking for alternatives. With about a month to go before lawmakers are scheduled to return to the state Capitol, Republicans are considering proposals that range from tax incentives for safe gun storage to the involuntary commitment of those facing mental health issues.
The weekly Judicial update is now published on Wednesdays, as the courts have become a virtual hotbed of activity since the Bruen decision.
