By Tanya Metaksa
What’s New—Biden Administration seeks to promote an ATF rule that would make private sales illegal; Colorado: HB66, To prohibit the use of firearm specific merchant category codes by payment processors for firearms, ammunition and components, was introduced.
Florida: the House Criminal Justice subcommittee voted overwhelmingly in favor of three bills: HB1223, lowering the minimum age for purchase of firearms from licensed dealer to 18; HB17 changes the mandatory waiting period for all firearms purchases to three days; and HB1615, repeals automatic prohibition against firearms during an emergency; Georgia: HB1009, prohibiting the use of state personnel or resources for the enforcement of any federal gun control, has been introduced; Idaho: HB415 passed the House; Illinois: Registration of banned firearms continues. Indiana: On Jan. 31 the House passed HB1235, and HB1084; Iowa: HF518, firearms preemption enforcement, has been heard in subcommittee on Public Safety on January 30; Kentucky: HB357, banning the use of firearm-related Merchant Category Codes for financial institutions, has been introduced; Massachusetts: On February 1, the Senate passed S2572, this is similar to HD4420, that passed the House in 2023. No hearings were held in the Senate and now this bill goes to a joint committee to work out differences; Nebraska: LB1269, a stand your ground bill, will be heard by the Judiciary Committee on Feb. 8. LB925, a bill to stop government discrimination against lawful firearms businesses had a hearing on Feb. 1; New Mexico: During the week of Jan. 29 the House Judiciary Committee held a public hearings onfour bills, HB27 HB127, HB129 and HB137 which they reported out to the full House; New York: S5763, a gun controller’s dream bill; South Carolina: Although the Republican Senate Caucus shouted victory when H3594 passed in the Senate, there are several amendments not in the House version, so there still is no agreed upon final bill; Utah: On Feb. 2. 2024 HB406, banning the use of firearm-related Merchant Category Codes for financial institutions, was given a favorable recommendation in the House Revenue and Taxation Committee; Tennessee: SB2223/HB2672, prohibiting the use of firearm specific merchant category codes by payment processors for firearms, ammunition and components were introduced; Virginia: Senate Committee on Courts of Justice on January 31 heard: SB44, SB57, SB258, SB327, SB515 and SB642; Washington: Another hearing was held for SB5963, mandatory home insurance for gun owners. As of Feb. 3, it was still in committee and according to the legislative rules it should be dead.
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Biden Administration
A Freedom of Information Act (FOIA) request and a press release by a group named EMPOWR (Empower Oversight Whistleblowers & Research) on Jan. 31 announced their FOIA. Dave Workman has an article about this. You can watch a video explaining how the Biden Administration believes they have the power to change the definition of a dealer.
Legislation and local communities
States that do NOT hold legislative sessions in 2024: Montana, Nevada, North Dakota, and Texas,
States that are in session: Arizona, Alaska, Arkansas, California, Colorado, Delaware, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Pennsylvania, Puerto Rico, South Carolina, South Dakota, Tennessee, Utah, Rhode Island, Vermont, Virginia, Washington, West Virginia, Wisconsin
Colorado: HB66, To prohibit the use of firearm specific merchant category codes by payment processors for firearms, ammunition and components, was introduced.
Florida: the House Criminal Justice subcommittee voted overwhelmingly in favor of three bills: HB1223, lowering the minimum age for purchase of firearms from licensed dealer to 18; HB17 changes the mandatory waiting period for all firearms purchases to three days; and HB1615, repeals automatic firearms prohibitions: 1. Intentional possession of a firearm in public, 2. Sale of ammunition or firearms; and 3. Intentional display of ammunition or firearms in a store.
Georgia: HB1009, prohibiting the use of state personnel or resources for the enforcement of any federal gun control, has been introduced.
Idaho: The House passed HB415, allowing school employees who hold an enhanced Right-to-Carry Permit to carry concealed at school on a 53-26-2 vote on Jan. 31. It has been referred to the Senate State Affairs committee.
Illinois: Thanks to @BishopOnAir the numbers of registered banned firearms and additional gun items from Oct. 1 to Dec. 31, 2023 (the registration deadline) was 29,357. Additionally in Jan. 6, another 262 were added. That compares with the number of FOID (Firearms Owners Identification Documents) of at least 2,415,481 according to this webpage.
Indiana: On January 31 the House passed HB1235, a bill to prohibit local governments from suing firearms manufacturers frivolously, and HB1084, the Second Amendment Privacy Act, that bans the use of firearm-related Merchant Category Codes. Both these bills now go to the Senate for its consideration.
Iowa: HF518, firearms preemption enforcement, has been heard in subcommittee on Public Safety on Jan. 30. This bill provides a monetary deterrence to those governments that would enact gun legislation.
Kentucky: HB357, banning the use of firearm-related Merchant Category Codes for financial institutions, has been introduced.
Maine: The Bloomberg groups, Everytown and Moms Demand Action, held a virtual press conference to demand the Maine legislature enact gun bans, universal background checks, 72-hour waiting periods, and even gun confiscation.
Massachusetts: On Feb. 1, the Senate passed S2572, this is similar to HD4420, that passed the House in 2023. No hearings were held in the Senate and now this bill goes to a joint committee to work out differences. SB2572 expands the already egregious ban that is in place in the state, makes any state, county or municipal building a sensitive area where no guns are allowed; expands the state’s Red Flag Law; mandates owners of firearms part to serialize them; and makes the business of retail firearms sales more costly and onerous. For a more thorough write-up of this law check out the GOAL webpage.
Nebraska: LB1269, a stand your ground bill, will be heard by the Judiciary Committee on Feb. 8. LB925, a bill to stop government discrimination against lawful firearms businesses had a hearing on Feb. 1 before the Committee on Government, Military and Veterans Affairs; no action has yet been taken.
New Mexico: During the week of Jan. 29 the House Judiciary Committee held public hearing on the following bills: HB27, HB127, HB129, and HB137 (all the bills are discussed below) and proceeded to send them to the full House of Representatives for a vote, Currently the House will vote on HB27, an expanded Extreme Risk Protection Act that allow health care professionals and law enforcement to request such orders and immediate seizing of firearms; HB114, allowing lawsuits against the firearms industry; HB127, raising the minimum age for purchase of firearms, ammunition and accessories; HB129, a 14 business day waiting period bill (almost 3 weeks); and HB137, which is very similar to the GOSAFE Act that failed in 2023. It is entitled the “Gas-Operated Semiautomatic Firearms Exclusion Act.” HB 137 bans the manufacture, sale, and transfer of gas-operated firearms with detachable magazines; magazines that are capable of holding more than 10 rounds; bans handguns with fixed magazines that can hold more than 15 rounds of ammunition and long guns with fixed magazines that can hold more than 10 rounds of ammunition; bans parts or combinations of parts from which such firearms can be assembled; and attempts to supersede federal law by banning certain NFA items outright.If any citizen owns any of the listed firearms they will have to register them with the New Mexico Department of Public Safety by Jan. 1, 2025, or face criminal charges. The Senate passed SB5, prohibiting firearms within 100 feet of a polling place with an amended exception. The Senate Judiciary Committee approved SB69, a companion bill to HB127.
New Hampshire: The House Judiciary Committee held a work session on HB1037, a bill to repeal the state version of the Protection of Lawful Commerce in Arms. No votes were taken.
New York: Introduced S5763, requiring a person prior to purchasing a long gun to apply for a hunting license, take a five-hour safety course, score 90% on range test, pass drug test and mental exam and proof that you have a safe.
South Carolina: The Senate Republican Caucus put out a press release on Feb. 1 that bragged “Senate Republicans Deliver Victory on Constitutional Carry.”Even Gov. Henry McMaster jumped on the occasion.However, there appear to be some problems with H3594, as several amendments added new criminal penalties and a training program. It will now have to return to the House and see how those amendments fare.
Tennessee: SB2223/HB2672 were introduced with the full support of Senate Majority Leader Jack Johnson. This bill would prohibit the use of firearm specific merchant category codes by payment processors for firearms, ammunition and components.
Utah: On Feb. 2, HB406, banning the use of firearm-related Merchant Category Codes for financial institutions, was given a favorable recommendation in the House Revenue and Taxation Committee.
Virginia: The following are awaiting votes in the House: HB2, so-called “assault weapons” ban; HB22 ban on auto sears; HB46, a gun owner who is the object of a protective order must turn their guns over to someone living at a different address and at least 21-years-old; HB113, removes right to own a handgun for second misdemeanor DWI; HB158, mandatory firearm locking devices (that incorporated HB12); HB173, prohibits the manufacture of firearms without serial numbers; HB351, mandatory firearm locking device for residence storage; HB454, bans carry in public higher education building; HB466, tightens the current standard for the recognition of out of state Right-to-Carry Permits(passed committee on to full committee); HB585, prohibition on home based firearms dealers; HB791, ban on pneumatic guns; and HB1174, age requirement of 21 years of age to purchase “assault weapon. The following bills were heard by the Senate Committee on Courts of Justice on Jan. 31: SB44, holding forearms owners liable for unlawful use by minors; SB57, prohibits Right-to-Carry Permittees from carrying in a restaurant that serves alcohol; SB258, expands what judges may look for when invoking a restraining order; SB327, prohibits young adults (age 18-21) from purchasing a firearm; SB515, prohibits the carrying of a firearm in a medical facility; and SB642, expands the types of misdemeanor convictions as precursors to losing Second Amendment rights.
Washington: Another hearing was held for SB5963, mandatory home insurance for gun owners. As of Feb. 3, it was still in committee and according to the legislative rules it should be dead. HB2238, the tax on ammunition bill, is still very viable and Dave Workman writes an interesting article about the bill.