By Tanya Metaksa
What’s New—BATFE: Acknowledges incorrect guidance on NFA compliance and has told one reporter that the updated information will be available on Jan. 31; a transcript is available of BATFE Director Dettelbach’s remarks at SHOT; US Congress: On Jan. 24 Senator Feinstein announced her two new anti-gun bills; Colorado: there appears to be some confusion about the language in the so-called “assault weapons” bill; Hawaii: HB882, a Democrat answer to the Bruen decision has passed its first reading; Illinois: HB1231, requiring armed guards at certain business has been introduced; North Carolina: HB3594, a constitutional carry bill, has been introduced; New Hampshire: A last minute scheduling by two committees held hearings on HR 8 and HB158 last Friday; New Mexico: Santa Fe—City Council voted 7-2 in favor of a resolution denying citizens the right to carry a firearm that will, in effect, nullify New Mexico’s preemption law; NY: AB1892 is introduced; South Carolina: S109, a constitutional carry bill, has been introduced. Texas: HB1623, banning possession & transfer of firearms with magazines bigger than .22 has been introduced; Utah: HB225 and HB226, two anti-gun bills, have been introduced; Virginia: SB909, a bill allowing firearms transfers from a prohibited person to a non-prohibited person passed the Senate 22-17; A bill prohibiting local authorities ability to prohibit the possession or carrying of firearms in public right of ways and public parks, SB1167, a bill that creates a civil case of action against a firearms industry member, was passed 21-19; SB1181, banning firearms manufacture, and SB1192, banning so-called assault weapons in public areas, has passed the Senate Judiciary and Finance Committees; SB1382, an assault weapons and large capacity magazine ban substitute ban, passed the Finance Committee and is awaiting action in the full Senate; SB1236, a preemption bill, was passed by indefinitely (killed) in Senate Judiciary Committee 9-6. 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; Washington: On Tuesday SB5078, a bill to allow lawsuits against firearms businesses, will be heard in the Senate Ways & Means Committee, one can sign up to testify here. The Senate Law and Justice Committee will consider SB5232, imposing a firearm permit requirement, a 10-day waiting prior, and allowing delays on firearms transfers, on Feb.y 2; West Virginia: SB10, a campus self-defense bill, passed the Senate 29-4.
2023 Congressional Activity/Biden Administration
BATFE on NFA compliance: BATFE, according to Larry Keane @lkeane on Twitter, an article on Jan. 26 in Bearing Arms headlined “ATF website offers incorrect guidance on NFA compliance” is accurate and ATF has ‘pulled the NFA FAQs to review” and “will repost them as soon as possible.” According to The Reload, the pistol brace rule will be published on January 31st. Then all owners of these devices will have until May to comply and register their firearms.
BATFE—Director Steven Dettelbach at the SHOT Show: Steven Gutowski of The Reload has made available a transcript of Dettelbach’s Q&A at the Shot Show in January.
Biden Administration: 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 Diane Feinstein (D-CA) and the two Democrat Senators from CT, Murphy and Blumenthal, announced the introduction of two anti-gun bills: The Assault Weapons Ban and the Age 21 Act. In their press release they said, “Congressman David Cicilline (D-R.I.) will introduce a companion version of the Assault Weapons Ban.” No numbers were available at the time of the press release.
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.
2022-2023 Politics – Oregon Measure 114, 2023 Governors’ races
Oregon Firearms Federation v. Kate Brown, Fritz v. Rosenblum, Eyre v. Rosenblum, initiated by the National Shooting Sports Foundation on Dec. 1, Azzopardi v. Rosenblum, initiated on Dec. 2 that argues the gun sales will cease in Oregon, and Arnold v. Brown, initiated by Gun Owners of America in a state court with Judge Robert S. Raschio presiding. Raschio first issued a temporary restraining order (TRO) blocking Measure 114.
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: Alabama, Florida, Louisiana, Nevada, Oklahoma,
California—When you thought there were no more gun laws to introduce here comes Assemblyman Damon Connolly introducing AB92, banning body armor.
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.
Florida: A sensitive location prohibition similar to New York’s law has been introduced. HB215 wouldprohibit firearm possession in sensitive locations that include most areas that are government controlled, cannabis premises, medical facilities, churches, schools, public transportation, premises where alcohol is served, and entertainment venues.
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) when HI permits are only good for 1 year. The bill includes increasing Right-to-Carry training from 4 hours to 14 hours, require 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, requires 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. HB5471, a comprehensive “assault weapons” ban signed by Gov. J.B. Pritzker.
Maryland: Several gun bills have been introduced mimicking the NY, NJ and CA answer to Bruen: SB1 and SB118. Additionally, SB86, raising the age to 21 for all long gun purchases, and an anti-firearms industry bill, SB113.
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: LB77, a constitutional carry bill, has been introduced.
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 introduced: HB9, a gun owner liability law identical to one from last year, has also been introduced and will beconsidered by the House Consumer and Public Affairs Committee on Jan. 24. The penalty for violating such a law is a fourth-degree felony. HB50, making it a felony to buy and/or even own a magazine holding 10 or more rounds, HB100, requiring a 14-day waiting period prior to receiving a purchased handgun has been introduced, and a really bad bill, HB101 by Andrea Romero (D), demands you surrender, dispose, or destroy certain semiautomatic rifles or become a felon. No grandfather clause. No compensation.
Santa Fe—The city council held their meeting Jan. 25 and voted on a resolution directing the city manager to post signs informing the public that it will be a fourth degree felony to carry a firearm into any city controlled school property. This could include any property controlled by the city such as garages, libraries where students participate in school sanctioned activities.
New Jersey: All the 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: Another strange gun bill: AB1892, requiring the posting of signage when the rate of “gun violence” in a particular area exceeds the national rate;SB430, prohibiting live ammo on a film production introduced. SB929, 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, requires the Bureau of Criminal Identification to inform local law enforcement when a firearms’ buyer is denied and creates an online process for identifying persons buying or selling firearms. 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: 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, will be hear on Jan. 30SB10, a campus self-defense bill, passed the Senate 29-4. Activity in Committees this week: SB909, a bill allowing firearms transfers from a prohibited person to a non-prohibited person passed the Senate 22-17; A bill prohibiting local authorities ability to prohibit the possession or carrying of firearms in public right of ways and public parks, SB1167, a bill that creates a civil case of action against a firearms industry member, was passed 21-19; SB1181, banning firearms manufacture, and SB1192, banning so-called assault weapons in public areas, has passed the Senate Judiciary and Finance Committees; SB1382, an assault weapons and large capacity magazine ban substitute ban, passed the Finance Committee and is awaiting action in the full Senate; SB1236, a preemption bill, was passed by indefinitely (killed) in Senate Judiciary Committee 9-6. week:
Washington: On Tuesday, January 31st, there will be a hearing before the Senate Ways & Means Committee on SB5078. To sign up to testify, and you can do that remotely, click here.Additionally public hearings were held on HB1178, repealing preemption, HB1240, banning semi-automatic rifles, and two bills, HB1143 and HB1144, that include a waiting period, training requirement and a permit to purchase.
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.
Wyoming: Two pro-gun bills have been introduced HB105, implementing preemption and repealing gun free zones, and HB250, prohibiting extreme risk protection orders and implementing preemption. Hearings have not been scheduled for this bills yet.
Judicial-Federal
ATF’s bump stock ban—Cargill v. Garland: During the last half of 2022 the US Supreme Court rejected (by denying those cases certiorari) three challenges to the Trump era ATF ban on bump stocks. The US Court of Appeals for the Fifth Circuit has ruled in Cargill v. Garland that the federal bump stock ban is unlawful. According to Judge Jennifer Walker Elrod a “plain reading of the statutory language, paired with close consideration of the mechanics of a semi-automatic firearm, reveals that a bump stock is excluded from the technical definition of ‘machine-gun’ set forth in the Gun Control Act and National Firearms Act.” As this ruling is in complete opposition to the cases that were previously rejected and is based on a significantly different reason, the US Supreme Court might grant certiorari and take up the case in the next term that would start in the fall of 2023.
The weekly Judicial update is now published on Wednesdays.
