By Tanya Metaksa
What’s New—Politics: Three Special Elections for House Representatives are expected; Congress: The Explore Act passes Congress by voice vote and signed by President Biden; Election for House Speaker; Representative Mike Johnson re-elected Speaker of the House on the first ballot;State Legislation: All state legislatures are in session in 2025.
Politics – Special Elections
Three elections will be held because Republican representatives have taken positions in the Trump administration, necessitating special elections to fill their vacant seats.
- Florida’s 1st Congressional District – This seat was vacated by Rep. Matt Gaetz, who resigned on Nov. 13, 2024, after President-elect Donald Trump nominated him for U.S. Attorney General. Governor Ron DeSantis called for an election on April 1, 2025, with nominating primaries scheduled for Jan. 28.
- Florida’s 6th Congressional District – Rep. Michael Waltz will resign on Jan. 20, 2025, to become Trump’s National Security Advisor. Gov. Ron DeSantis has also scheduled the election for this seat for April 1, 2025, with nominating primaries set for Jan. 28.
- New York’s 21st Congressional District – Representative Elise Stefanik is expected to resign to become the U.S. Ambassador to the United Nations. Although the exact date of her resignation isn’t specified, the arrangement for special elections in early 2025 suggests her anticipated new role.
U.S. Congress
The U.S. Congress has been sworn in, and the new 119th Congress has begun its business.
Speaker Mike Johnson was re-elected Speaker of the House on the first ballot.
Congressman Eric Burleson (R-MO) has introduced H.R. 221, a bill to abolish the BATFE.
Biden Administration
The Biden Administration’s actions in the past several months post-election have collectively suggested a strategy of embedding policies, expenditures, and legal frameworks that would require significant effort or legal battles to undo, thereby creating challenges for the incoming Trump administration. Among the actions are:
- Ban on Offshore Drilling: The Biden Administration has used a 1953 law to ban new federal oil and gas leases in federal waters. This move is intended to sink Trump’s energy agenda, as there is no provision for the incoming administration to reverse this ban quickly.
- Border Wall Materials: There have been efforts by the Biden Administration to auction off border wall materials at reduced prices, which could force the Trump administration to repurchase these materials at higher costs if they wish to continue with border wall construction. However, a federal judge blocked these sales, and one company has offered to return the materials, indicating some resistance to this strategy.
- Policy Reversals: On his first day in office, President Biden reversed several Trump-era policies, including halting the Keystone Pipeline and the construction of the border wall.
- Expenditure on Climate and Health: The Biden Administration has been working to ensure that funds from landmark laws like the infrastructure and climate bills continue to flow, potentially locking in financial commitments that the Trump administration might have wanted to redirect or halt. This includes rushing expenditures on various projects before the transition.
- Judicial Confirmations: There’s an effort to confirm as many federal judges as possible before Trump’s inauguration, which could influence the judicial landscape Trump would inherit, potentially affecting his ability to shape policy through judicial appointments.
- Union Deals: The Biden Administration has signed deals with unions for work-from-home arrangements, which could impact how federal workers operate under new management and potentially complicate Trump’s attempts to alter federal workforce policies.
BATFE
Last week’s Legislative Alert mentioned that BATFE Director Steve Dettelbach is quitting this Saturday, Jan. 18. He was given an 80% AR-15 lower receiver during his retirement ceremony, potentially violating federal and DC laws. You can view the exchange here.
Pistol Brace rule: There have been allegations in social media that the agency has initiated letters concerning the pistol brace rule. At this moment, there is no definitive letter that has changed ATF’s position on the rule. However, due to conflicting judicial rulings, the regulatory framework concerning pistol braces leaves this issue still a “work in progress.” Since the rule was finalized in January 2023, several lawsuits have been initiated to overturn the rule. These lawsuits highlight significant legal arguments over the ATF’s regulatory authority regarding pistol stabilizing braces, with many arguing that the rule infringes on Second Amendment rights and/or is procedurally flawed under administrative law. The lawsuits are being followed in our Grassroots Judicial Update, published on Wednesdays.
State Legislation and local communities
All state legislatures are in session in 2025.
Many state legislatures allow the prefiling of bills before they begin their sessions.
States convening the week of January 6: Arizona, Arkansas, Colorado, Delaware, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Maryland, Michigan, New Jersey, North Carolina, Oregon, Puerto Rico, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia, Wyoming
Colorado: The session began on Jan. 8, 2025, and SB25-003 has been introduced to ban semi-automatic firearms capable of accepting detachable magazines, including almost every firearm except a single-shot rifle. Noted Second Amendment attorney Stephen Halbrook writes the following about this bill:
“Yet another state, Colorado, is about to ban virtually all semiautomatic rifles, large numbers of semiautomatic pistols, and even a number of semiautomatic shotguns. The previous state bans encompass America’s most widely-held rifles such as the AR-15, but they don’t apply to semiautomatic rifles that do not have pistol grips or other cosmetic features. The Colorado bill will ban ALL semiautomatic rifles that use a detachable magazine, which means almost all semiautomatic rifles. No other state goes that far.
“The bill, SB 3, defines a ‘specified semiautomatic firearm’ to include a ‘semiautomatic rifle with a detachable magazine.’ That will include a Browning BAR Semi-Auto rifle, a traditional hunting rifle that comes with a magazine holding only three rounds. The only exemption is for rifles that use .22 rimfire rounds, which cannot be used for large game.
SB 3 will also ban a ‘gas-operated semiautomatic handgun with a detachable magazine,’ which would include countless pistols such as the S&W M&P 5.7. It doesn’t matter that the Supreme Court in Heller held that handguns as a class are protected by the Second Amendment.”
The bill will also ban a ‘semiautomatic shotgun with a detachable magazine,’ such as a Remington 870 DM which comes with a six-round magazine. While most semiauto shotguns use a tubular magazine, detachable magazines are safer as they allow unloading without chambering each round.
Illinois: The lame duck session of the Illinois legislature for the 103rd General Assembly began on Jan. 4, and concluded on Jan. 8. During that brief period, the legislature completely revamped this bill by replacing: “Everything after the enacting clause. Provides that the amendatory Act may be referred to as Karina’s Law. Amends the Code of Criminal Procedure of 1963. Authorizes the court in a criminal proceeding to issue as a remedy an order that prohibits the possession of firearms and firearm parts capable of being assembled to make an operable firearm. Provides that a person who is subject to an existing domestic violence order of protection issued under the Code may not lawfully possess firearms or firearm parts that could be assembled to make an operable firearm.”
As I noted last week, House Bill 4144 mandates that police seize firearms from anyone subject to an order of protection or “red flag” order.
On Jan. 8, the legislature began its 2025-2026 session.
New Mexico: The legislature meets for a 60-day session beginning Jan. 21. Already, the anti-Second Amendment legislation has been filed. HB12 would now allow law enforcement officers to determine whether an extreme risk protection order (ERPO) is filed. If such an order is issued, immediate surrender of firearms with criminal penalties for failure to comply. HB38 tries to penalize the attachment of any device to a firearm that does not turn a firearm into a fully automatic firearm. This is poorly drafted legislation by someone who does not know firearms.
Texas: The legislature convenes for its regular session on January 14. Several pro-Second Amendment bills that have been prefiled include HB487 eliminating the fee for a License to Carry; HB1715, which would modify contracts for the use of government property, whether owned or leased, to include that the contractor may not restrict carrying of a handgun by a License to Carry holder; SB83 extends the current carry law applicable to colleges and universities to elementary and secondary schools; SB674 allows school districts to off hunter education classes; SB706, provides for recognition of out-of-state carry licenses; and SB735 establishes a sales tax holiday on firearms, accessories and ammunition on the last weekend of February. Major Anti-Gun Legislation includes several red flag confiscation bills: HB234, HB478, HB655, HB893 and SB353. Bills to restrict the Second Amendment rights of Young Adults: HB306, HB313, HB252, HB384, HB579, HB1150, HB1556, SB41, and SB195; Bans on Semi-Automatic firearms: HB 443 and HB623; Repeal of current pro-freedom gun laws: HB224; HB834, and SB354. A gun registration bill SB691, limiting magazine capacity HB481, and mandatory training before handgun purchase HB1599.
Washington: The anti-Second Amendment legislature is back at it again! SB5098 prohibits the possession of firearms in parks, government buildings, and locations where “children are likely to be present” and is already scheduled for a hearing on Jan. 14 before the Senate Law & Justice Committee at 8:00 am. To Testify, please sign in here.
