By Tanya Metaksa
What’s New—Oregon: Measure 114: Last Thursday, the Oregon Supreme Court issued a terse opinion: “The petition for a writ of mandamus is denied without prejudice. The motion for stay is dismissed as moot without prejudice.” Alaska: HB61 and SB63, two bills prohibiting the closing of lawful gun related business during a state of emergency, have been introduced; Arizona: the Senate Election Committee held a hearing on SB1331, allows parents of a child who is a student at a public school to carry on school grounds, and SB1109, removes suppressors from prohibited weapons category, will be heard in the Senate Judiciary Committee; Colorado: HB23-1044, the Second Amendment Preservation Act was introduced; Florida: a constitutional carry bill, HB543, was passed by the House Subcommittee on Constitutional Rights; Kansas: SB116, a bill to expand access to firearms safety education had a hearing on Feb. 8 and recommended “Do Pass;” Maryland: The Gun Safety Act of 2023, SB1, is being discussed but not yet introduced. SB113 this so-called “public nuisance” bill is designed to circumvent the federal PLCAA law, and was the subject of a Senate Judicial Proceedings Committee on Feb. 7;Minnesota: All Four bills were adopted bythe House Public Safety Finance and Policy Committee and re-referred to House Ways & Mean: HF396, HF 14, HF15, and HF601; Nebraska: Judiciary Committee votes to advance LB77, a constitutional carry bill; New Mexico: HB9, a bill that would hold adults criminally liable for firearms accessible to minors passed the House 37-32;the New Mexico Senate Health and Public Affairs Committee held a hearing on SB171 and then passed the bill on a party-line vote; The NM House Consumer & Public Affairs Committee held a hearing on Feb. 7 on HB50, HB100, and HB101; HB100 and a committee substitute for HB101 passed the Committee, while HB154, a constitutional carry bill, was tabled; SB116, banning young adults age 18-20 from purchasing or possession any semi-automatic firearm passed the Senate Health and Public Affairs Committee; South Carolina: S109 and HB3594, constitutional carry bills, have been introduced and referred to Committee on Judiciary in both Houses;Virginia: HB2387, a bill to give buyers of school safes a credit against the sales tax of up to $300 on the purchase of a gun safe has passed the House by a vote of 99-1; Washington: The Senate Law and Justice Committee has scheduled an executive session for SB5232 for Feb. 16; other bills are moving. Wyoming: two pro-gun bills have died in Committees.
2023 Congressional Activity/Biden Administration
US Congress: S.173 A safe storage law, named “Ethan’s Law” was introduced by Senators Blumenthal (D-CT) and 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. DeLauro (D-CT01) is submitting a companion bill, but no bill has yet been submitted.
H.R.715 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.
H.R. 38 Introduced by US Rep. Richard Hudson (R-NC) with bipartisan support and 118 original co-sponsors, would protect law-abiding Right-to-Carry permit holders from navigating a patchwork of varying gun control laws when crossing a state line. Senators John Cornyn (TX-R) and Bill Hagerty (TN-R) have introduced the companion bill, S.1522, with 43 co-sponsors on Feb 1.
Senators Diane Feinstein (D-CA) and the two Democrat Senators from CT, Murphy and Blumenthal, announced the introduction of two anti-gun bills: The S.25, Assault Weapons Ban, and S.14, the Age 21 Act.
H.R. 53, the Firearm Industry Nondiscrimination (FIND) Act, introduced by US Rep. Jack Bergman (R-Mich). The bill has 55 original co-sponsors. This bill is aimed at financial institutions that discriminate against corporation that manufacture, sell, fix firearms and firearms parts and accessories. This legislation prohibits the Federal Government from entering into contracts with corporate entities that discriminate against a firearm or ammunition industries.
BATFE
According to John Crump in Ammoland.com, BATFE is “targeting FFLs with license revocations.” He goes on to say “The ATF will shut down the gun store if an FFL fails to run a background check or verify an alternate permit. Certain states, like Arizona, allow a concealed carry permit to be used instead of running a NICS check. If an FFL runs a NICS check and it is delayed, the FFL can transfer the firearm legally after three days. If the FFL transfers the gun early, this is reason enough for the FFL to have their license revoked.”During the Clinton administration this type of enforcement caused approximate a 50% drop in the number of FFLS in the US. This overzealous enforcement by BATFE can have disastrous result to the entire industry and its customers.
2022-2023 Politics – Oregon Measure 114, 2023 Governors’ races
Arnold v. Brown has become the roadblock to implementation of gun control Measure 114. Filed by Gun Owners of America in a state court with Judge Robert S. Raschio presiding. On February 9, 2023 the Court issued a terse Opinion: “The petition for a writ of mandamus is denied without prejudice. The motion for stay is dismissed as moot without prejudice.” Four federal cases are essentially on hold while the state court drama plays out.
2023 Governors Races: Three states will be electing governors in November: Kentucky, Louisiana and Mississippi.
State Legislatures/Local communities
States yet to begin their 2023 session as of Feb. 6: Alabama, Florida, Louisiana,
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. The bills will be heard in their respective Community and Regional Affairs Committees.
Arizona: The Senate Election Committee held a hearing on SB1331, allows parents of a child who is a student at a public school to carry on school grounds, and SB1109, removes suppressors from prohibited weapons category, was heard in the Senate Judiciary Committee.
California—SB2, which failed in the final minutes of the 2022 legislature, is being revived and pushed by Gov. Newsom. As gun ban groups clamored for more restrictions, California is going to try to make the entire state a “sensitive area” with the only exception being one’s place of residence. According to ABC7’s Liz Kreutz, “California lawmakers are announcing SB2 – which would establish stricter standards for who can get a CCW permit/carry a firearm in public. The bill would designate “sensitive areas,” like public parks, playgrounds, sports arenas, bars & amusement parks, where guns are off limits.”
Colorado—The Colorado Sun reports that Andrew Boesenecker will be sponsoring a slightly reduced version of an “assault weapons” bill and now the Sun reports that “civil penalties” are being considered. Although the bill has not been introduced yet, a “draft” version has been leaked. Citizens could own such weapons, but criminal penalties would be assessed for selling or trying to sell the firearms. State Sen.
Florida: Although Florida does not officially start its regular session until March 7, 2023, the legislature is in special session and bill drafting and hearings are being undertaken. The final deadline for filing bills is March 7.A constitutional carry bill, HB543, has been introduced and is scheduled for a hearing in the House Subcommittee on Constitutional Rights on Tuesday Feb. 7. A sensitive location prohibition, HB215, similar to New York’s law has been introduced.
Hawaii: The State legislature convened on Jan. 17. SB882, Hawaii’s answer to the Bruen decision is nothing but a bad copy of NY’s CCIA law as it asks for 3 years of social history (a NY requirement) while HI permits are only good for 1 year. The bill includes increases Right-to-Carry training from 4 hours to 14 hours, requires names of adult family members living in same house, four references and social media accounts. It was introduced on 1/20/23 and passed the first reading on 1/23/2023. Although the city of Honolulu Bill 57, an ordinance that made almost any place except for a private home, a gun free zone, had its first reading on Nov. 29 a second reading has yet to be scheduled. According to civilbeat.org “The Honolulu Police Department is asking lawmakers to create a new misdemeanor offense for negligent concealment of a firearm.”
Illinois: 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, has been introduced.According to a county map of Illinois on Twitteronly 2 counties have said they would enforce HB5471, the comprehensive “assault weapons” ban signed by Gov. Pritzker.
Kansas: The Senate Committee on Federal and State Affairs recommended that SB116, a bill to expand access to firearms safety education, do Pass. In past sessions similar bills have been vetoed by Gov. Kelly,
Maryland: MSI President Mark Pennak was mentioned in the BaltimoreBanner.com regarding SB1 that has yet to be formally introduced but several draft documents have been available, “Gun rights advocate and attorney Mark Pennak called the Gun Safety Act of 2023 “blatantly unconstitutional” and “a real piece of work.” Pennak, who serves as the president of gun rights group Maryland Shall Issue, says he plans to oppose the bill.SB113, the “public nuisance” bill is designed to circumvent the federal PLCAA law, and is the subject of a Senate Judicial Proceedings Committee on Feb. 7. The House companion bill, HB259 had its hearing on Jan. 30. Several gun bills, primarily SB1 and SB118 have not been introduced but will mimic the NY, NJ and CA answers to Bruen. Additionally, SB86, raising the age to 21 for all long gun purchases, has also been introduced.
Minnesota: The Public Safety Finance and Policy Committee adopted the following bills and re-referred the 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: Four anti-gun bills have been introduced in the legislature: HB54 and HB100 requiring mental health evaluation before getting a Right-to-Carry permit; HB80, allows a government agency to remove firearms from a person voluntarily receiving mental health services and HB99, raising the age to 21 for all gun purchases and gifts.
Missouri: HB282 and SB224, allowing the carrying of firearms on public transit, have been introduced.
Nebraska: The Judiciary Committee has sent LB77, a constitutional carry bill, for a vote in the legislature.
New Hampshire: Hearings were held on Friday, Jan 27, and no action has yet been taken. The House State-Federal Relations & Veterans Affairs Committee held a hearing on HR8, a resolution urging Congress to pass an “assault weapons” ban, while the House Criminal Justice & Public Safety Committee held a hearing on HB158, banning so-called armor piercing ammunition.
New Mexico: Bills moving: HB9, a gun owner liability law identical to one from last year, has been voted by the House 37-32.On Feb. 10 the House Judiciary is holding a hearing of a proposed committee substitute for HB72, an assault weapons ban, and even though the bill is a new bill no testimony will be allowed.TheHouse Consumer & Public Affairs Committee advanced two bills: HB100, requiring a 14-day waiting period prior to receiving a purchased handgun, and a committee substitute for HB101 by Andrea Romero (D), that demands you surrender, dispose, or destroy certain semiautomatic rifles, bans .50 BMG caliber firearms and ammunition, certain magazines, and would require registration of this banned weapons prior to March 1, 2024, or become a felon. Both these bills now go to the House Judiciary Committee. The Committee also tabled (killed) HB164, a constitutional carry bill, and did not vote on HB50, making it a felony to buy and/or even own a magazine holding 10 or more rounds. SB116, banning young adults age 18-20 from purchasing or possession any semi-automatic firearm passed the Senate Health and Public Affairs Committee.
New Jersey: All bills carryover into 2023. New bills: 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.
New York: New gun bills introduced: 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: Rep. Bobby J. Cox has introduced HB3594, a permitless carry bill.
North Dakota: Two pro-gun bills, HB1401, making Extreme Risk Protection Orders (ERPO) illegal and HB1404, allowing a concealed carry on a college campus, were heard in the House Energy and Natural Resources Committee on Jan. 26.
Oklahoma: HB1001, a bill to lower the age a citizen can carry a firearm, has been introduced by Rep. Jim Olsen (R).
Oregon: 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: HB2775, that would mandate a firearms eligibility license with mandatory training and added fees has been introduced. HB1929, that removes knives and switchblade knives from the prohibited weapons list, that passed the House 202-1 in April 2022, has now unanimously passed the Senate Judiciary Committee. It should now go to the Senate floor for a vote.
South Carolina: S109, a constitutional carry bill, has been introduced.
Texas: HB1623, banning possession & transfer of firearms with removable magazines bigger than .22 has been introduced.
Utah: HB225, a bill to require agencies to run a background check on firearms when returning it to the owner and HB226, requiring the Bureau of Criminal Identification to inform local law enforcement when a buyer of a firearm is denied and creating an online process for identifying persons buying or selling firearms have been introduced. Neither of these bills are assigned to committees.
Vermont: S31, a bill to prohibit the open carrying of loaded firearms and prohibits the use of self-defense or defense of others to be used outside the home has been introduced.
Virginia: In a badly split legislature HB2387, a tax credit of up to $300 towards the purchase of a gun safe, passed the House by a vote of 99-1. All the major anti-gun groups and the NRA supported this bill. Many gun bills have been filed this session. However, with a pro-gun House of Delegates and a Senate led by the anti-gun Democrats it is hopeful that no anti-gun bills pass this session. HB1393, a constitutional carry bill, was heard on Jan. 30 The following bills passed in the House this past week: HB1427 A bill prohibiting local authorities from prohibiting the possession or carrying of firearms in public right of ways and public parks; HB2449, safeguarding Right-to-Carry permittees information; HB2460, allowing state employees to have firearms locked in vehicles on state property; HB2467, allowing the use of a non-photographic ID in the purchase of a firearm passed the House; HB1462, removing the 30-day wait after getting a new driver’s license to purchase a firearm; HB1422, adding USCCA firearms instructors for RTC license purposes; HB1407, allowing RTC permittee to store firearms in locked vehicle on private property; and HB1407, allows RTC permittees to carry in Capitol Square. Senate bills that passed the full Senate: SB1167, a bill that creates a civil case of action against a firearms industry member, and SB10, a bill expanding VA red flag law. SB909, a bill allowing firearms transfers from a prohibited person to a non-prohibited person. Senate bills that passed in committee: SB1181, banning firearms manufacture, and SB1192, banning so-called assault weapons in public areas, have passed the Senate Judiciary and Finance Committees. SB1382, an assault weapons and large capacity magazine ban substitute bill, passed the Finance Committee and is awaiting action in the full Senate. Lastly SB1236, a preemption bill, was killed in Senate Judiciary Committee. Washington: The Senate Law and Justice Committee has scheduled an executive session for SB5232, the companion bill to HB1144 & HB1143, for Feb. 16. These bills will require training every five years to purchase firearms and would include background checks at the same time. After the Senate Law and Justice Committee recommended a do pass another hearing was held before the Senate Ways & Means Committee on SB5078, a state bill to allow lawsuits against firearms manufacturers and dealers, A Public hearing was held on HB1178, repealing preemption, but no action has been taken. Three bills—HB1240, banning semi-automatic rifles, and HB1143 & HB1144, a waiting period, training requirement and a permit to purchase, were passed in the Civil Rights and Judiciary Committees.
West Virginia: SB10, the Campus Self-Defense Bill, allows law-abiding Right-to-Carry permittees to carry on a college campus, has passed the full Senate and has been referred to the House Judiciary Committee.
Wyoming: Two pro-gun bills have been introduced HB105, implementing preemption and repealing gun free zones, was recommended for DO NOT PASS in the Appropriation Committee on Feb. 6 and HB250, prohibiting extreme risk protection orders and implementing preemption died in committee.
