By Tanya Metaksa
What’s New—California: Summer recess for the California legislature has begun. Massachusetts: It is summer across the country and in Massachusetts the leaders of the legislature are trying to decide which committee should have jurisdiction over HD4420, the Massachusetts version of the Bruen response bill. It appears that no decision will be made until after Labor Day; Minnesota: After a two-year process the Department of Natural Resources has skirted the rule making process but still implement a change in ammunition and fishing tackle in specific areas open for hunting and fishing.
State Legislatures/Local communities
California— All Bills that have passed the Assembly and are being considered in the Senate:
The following bills are awaiting action after the recess in the Appropriations Committee: AB28, a bill that adds an excise tax of 11% on all firearms, firearms precursor parts and ammunition; AB36, increasing the time a person subjected to a protective orders from possessing a gun to three years “after” the order has expired; AB97, requiring the CA DOJ to collect and report on prosecutions of misdemeanor offenses relating to unserialized firearms; AB455, adds pretrial diversion as another basis denying firearms possession; AB574, requiring an affidavit from prospective gun buyers that they have confirmed possession of all other guns owned within the past 30 days; AB732, expands current federal law regarding the relinquishing of firearms upon conviction of a prohibiting offense; AB733, prevents state and local government selling surplus firearms, ammunition and body armor; AB1089, expanding current ban on making firearms; AB1133, mandating more training for carry permit applicants; AB1483, a one gun a month restriction on private party sales/transfers; and AB1587, requiring credit card issuers to use merchant codes for firearms and ammunition retailers The following bills are on the Senate Consent Calendar and are ready to be voted on in the Senate: AB301, adds the acquisition of body armor as another basis for issuing a GVRO, gun violence restraining order; and AB1598, requiring firearms dealers to provide a DoJ pamphlet with every sale. Bills that have passed the Senate and are being considered in the Assembly Appropriations Committee: SB2, new restrictive criteria for carry permits and increasing “gun free zones”; SB368, a grab bag of onerous restrictions; and SB452, banning all semi-automatic handguns without microstamping technology.
Indiana—Indianapolis City Council: Although Indiana has a preemption law the City Council voted to pass an unenforceable ordinance that raises the age to buy a firearm to 21, ends constitutional carry in the city and bans many semi-automatic firearms.
Massachusetts: It is summer across the country and in Massachusetts the leaders of the legislature are trying to decide which committee should have jurisdiction over HD4420, the Massachusetts version of a Bruen response bill. It appears that no decision will be made until after Labor Day. HD4420 mandates; all firearms and magazine to have serial numbers, mandatory registration of all firearms and magazines and the reporting of any loss or theft of firearms and/or magazines; raise the minimum age for firearms ownership to 21, require live-fire training for permits, expand the current assault weapons ban, turn private property into “sensitive places”, and allow only “smart” guns to be sold.
Michigan: SB83, the red flag law signed by Gov. Whitmer does not become effective until the 91st day after final adjournment of the 2023 Regular Session. According to WKAR public media “Some Michigan counties are refusing to comply with a new state gun safety law, saying the legislation is unconstitutional. A commissioner, Brian Droscha, on the Eaton County Board of Commissioners, is pointing out a problem with the law that allows courts to hold a hearing on a “red flag” order after firearms have been seized from a person. He has introduced a resolution in the county commission “Resolution in Support of the Second Amendment of the US Constitution and the Michigan Constitution.”
Minnesota: In 2021 an effort by the Friends of Minnesota Scientific and Natural Areas was started to have the Minnesota Department of Natural Resources initiate a rule to ban the use of lead in both hunting and fishing areas in the state. The DNR has been reluctant to start the rule process because that would require the legislature to get involved. As a result, they have skirted that requirement and gone ahead with a change in regulations that they believe will still stop hunters and anglers from using lead in Scientific and Natural Areas and Minnesota state parks.
“Though the DNR has denied the petition for rulemaking, we have implemented the changes at SNAs and state parks as outlined above,” the agency said. “Additionally, the DNR is committed to working with the petitioners, legislators, tribal governments, wildlife watchers, tackle and ammunition producers, hunters and anglers to facilitate an inclusive conversation in the next year about any potential additional actions.”
Oregon: On Thursday, Democrat Gov. Tina Kotek signed HB2005, prohibiting the possession of existing home-built firearms and the raw materials for producing them, unless they have a serial number and are recorded by a Federal Firearms Licensee.
Tennessee: Although the Special Session on Guns is scheduled for late August to consider two bills, HB1233/SB1029 and a Temporary Mental Health Order of Protection Bill (TMHPB) (no number yet assigned), a group of legislators led by Rep. Bryan Richey is circulating an open letter to persuade Governor Bill Lee to cancel the session.
Washington: On July 10,the Washington Association of Sheriffs and Police Chiefs published their annual crime report. The murder rate in the state reached an all-time high in 2022, the highest number in 115 years of statistics. While at the same time Washington has had the lowest number for law enforcement staffing (per capita) of the 50 states for the 13th year in a row. And yet, it is not only homicides but overall crime has increased with violent crime increasing almost 9%. Alan Gottlieb, chairman of the Citizens Committee for the Right to Keep and Bear Arms issued a statement blasting gun control measures and the promises which came with them: “Passage of Initiative 594 in 2014 and I-1639 in 2018 have accomplished nothing other than to create massive impairments, which we believe are unconstitutional, for law-abiding Washington citizens.”
An earlier report in TGM further detailed the failures of gun control measures in Washington.
The weekly Judicial update is now published on Wednesdays, as the courts have become a virtual hotbed of activity since the Bruen decision.
