By Tanya Metaksa
What’s New—Federal Rule Making: A stealth rule to deny hunting and fishing on BLM lands and stop funding for hunting education; California: Summer recess for the legislature is underway. CRPA and SAF are working hard to push reluctant cities and counties to follow California law regarding Right-to-Carry permits; Congress is in recess until after Labor Day; Federal: H.R. 4366, The Appropriations bill for the Veterans Administration, was just amended by Chairman of the House Veterans’ Affairs Committee Mike Bost (R-IL), with an amendment (#35) that would stop the VA from automatically reporting veterans to the National Instant Criminal Background Check System if someone else is handling their financial affairs. On July 26, 2023 the bill passed the House 228-206; Department of Education has been caught using the BSCA to stop federal funding that supports hunting education in the public schools; Massachusetts: HD4420, the Massachusetts’ extremely onerous version of a Bruen response bill, has run into obstacles both legislatively and from citizens and the police.
BIDEN ADMINISTRATION’S ANTI-HUNTING EFFORTS
Federal Rule Making
Bureau of Land Management (BLM)
Document ID 2023-06310
An article, Power Grab at the Bureau of Land Management, in the Wall St. Journal of July 20 caught my attention. Authors Gabriella Hoffmann and Sarah Montalbano are fellows at the Independent Women’s Forum and are knowledgeable on the issue of conservation. Their main problem with this proposed rule is that it begins a new program of conservation leasing for the purpose of pursuing ecosystem resilience through mitigation and restoration. They suggest that this new program may change the public’s accessibility to public lands, by pointing out that such leasing “may give undue influence to powerful environmental organization” that would be able to stop use of such leased lands for periods of 10 years or longer. Without spelling it out, Hoffman and Montalbano note that BLM’s mission, since the Federal Land Management Act of 1976 that authorized BLM’s activities, has been to encourage multiple uses of the land, not set aside the land “to protect certain areas.”
Both the Safari Club and the National Shooting Sports do not support the proposal while NSSF begins its comments with“Short of withdrawing the proposed rule, NSSF offers the following comments,” while SCI writes “SCI does not support this proposal in its current form.” The comments from both respondents include pointed question concerning the definition of conservation. SCI adds that the “proposed rule’s definition implies preservation and not the ‘wise use’ of resources.”NSSF explicitly requests that “Hunting and recreational shooting access, including guided hunting, must be explicitly permitted.”Additionally, both group comments are extremely skeptical of the concept of conservation leasing. SCI points out that state and local governments are not even considered as “potential lesees.”
In the Biden Administration this under-the-radar decision to modify the charter of BLM, a Bureau within the Department of the Interior, is hardly surprising. In March 2021 I wrote that “Deb Haaland, a Democrat party hack, who happens to be a member of the Laguna Pueblo tribe,” was nominated and became Interior Secretary. The WSJ article describes Biden’s pick for BLM Director, Tracy Stone-Manning, as a “radical eco-terrorist” who was involved with an organization called Earth First! No wonder NSSF wrote in its comments, “NSSF, as well as the lion’s share of our partner conservation, sportsmen’s and women’s organizations, were not consulted during development of the policies underlying the proposed rule.Those organizations were not welcome when this proposal was originally drafted.
Bipartisan Safer Communities Act (BSCA)
The BSCA, the “gun law” that was passed by Congress in 2022, is being used by the Biden Administration to stop funding of education program that support hunting (both archery and firearms) in US public schools.Fox News reported that National Shooting Sports Foundation’s Chief Counsel, Larry Keene, told them, “The Department of Education and Secretary Cardona are blatantly misconstruing the law to withhold funding from schools that choose to teach beneficial courses like hunter safety and archery.”
Senators John Cornyn (R-TX) and Thom Tillis (R-NC), both supporters of the BSCA, sent a letter to Secretary of Education Miguel Cardona accusing the Department of Education of misinterpreting the law.
However, Citizens Committee for the Right to Keep and Bear Arms Chairman Alan Gottlieb pointed out, “We’re joining our friends at the National Shooting Sports Foundation and Safari Club International in raising alarms because this appears to be just one more attack on the Second Amendment by the Biden administration, but instead of confining his hostility to the grown men and women of the outdoors and the larger shooting community, now the strategy includes depriving youngsters of opportunities to learn valuable life skills.”
The Biden administration is not only the most anti-gun administration in history, it is now adding anti-hunting to its credentials.
US Congress
Congress is in recess until after Labor Day
S.2226, National Defense Authorization Act for Fiscal Year 2024: This bill has passed the U.S. Senate and it includes an amendment sponsored by Chairman Jack Reed (D-IL) that reauthorizes the Undetectable Firearms Act, a 1980s anti-plastic gun bill. When Congress returns in September there will be a clash with the House of Representatives over this bill. It is not a done deal.
H.R. 4366, The Appropriations bill for the Veterans Administration, was amended by Chairman of the House Veterans’ Affairs Committee Mike Bost (R-IL), with an amendment (#35) that would stop the VA from automatically reporting veterans to the National Instant Criminal Background Check System (NICS) if someone else (a fiduciary) is handling their financial affairs. This automatic placing of veterans into the background check system because they have sought medical treatment for mental health issue is part of the original NICS law. During discussion of this bill, Representative Debbie Wassermann Schultz, (D-FL), who was essentially removed as Democrat Party Chairperson in 2016, called veterans who need “fiduciary assistance” mentally defective during a floor speech of the U.S. House of Representative. On July 26, 2023 the bill passed the House 228-206.
Legislatures/Local communities
California— The legislature is in recess until August 15.
News: While the legislature is enjoying summer, it is time to check out how is the permitting process going in California since NYSRPA v. Bruen. The simple answer is nothing has changed. It appears that licensing authorities only issue licenses when they feel like it with a few exceptions. According to NYSRPA v. Bruen “only six States and the District of Columbia have ‘may issue’ licensing laws, under which authorities have discretion to deny concealed-carry licenses even when the applicant satisfied the statutory criteria.” Those six states are “Aside from New York, then, only California, the District of Columbia, Hawaii, Maryland, Massachusetts, and New Jersey.” A March 2023 article from the Wall Street Journal shows the real California permitting process, Most cities in California have begun issuing permits, but so far, the sheriff’s office and the police department in San Francisco have collectively approved just one permit since the Supreme Court ruling last June. The slow pace has led to complaints from gun owners. Andrew Solow, a 68-year-old private investigator, applied for a permit seven months ago to protect himself when he ventures into dangerous neighborhoods. He is still waiting for approval.
However, the approval process even in a California “good” county is onerous. “Riverside is the best it gets in CA on processing times” according to a tweet by @MorosKostas. The tweet’s headline is CCW timeline Riverside County. The information is Application submitted – 6/22/2023 Livescan- FBI/CA complete 7/2/2023 Course – 7/8/2023 Interview – 7/10/2023 Livescan -Firearms complete 7/14/2023 Permit issued – 7/19/2023. Although Riverside County issued a carry permit in less than a month, everyone should check out all the hoops the applicant had to jump through: 1. Apply, 2. Fill out CA and FBI paperwork, 3. Take a course, 4. Be interviewed, 5. Have firearms checked out by issuing authority and then 5 days later a permit is issued.
@MorosKostas, (Konstadinos Moros—a lawyer who works for Michel & Associate, P.C. representing CRPA and SAF) is the lead attorney dealing with ordinances concerning Right-to-Carry issues on a daily basis. On June 27, 2023 Moros sent a letter to San Francisco concerning their proposed ordinance on “Sensitive Places”. On July 21 he tweeted “San Francisco has apparently dropped its “sensitive places ordinance, at least for now.” An article in www.truthaboutguns.com demonstrated how San Francisco had been “successfully sued twice over attempted handgun bans” and had lost each time. Although Moros didn’t mention this back story, SAF gave full credit to his letter for stopping the implementation of the proposed ordinance.
Massachusetts: It is summer across the country and in Massachusetts the legislature has stopped debating what GOAL (Gun Owners’ Action League) has named “The Lawful Citizens Imprisonment Act,” while 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 to be a copy of the New Jersey effort that has run into a judicial buzz saw. A letter by House Speaker Ron Mariano explaining the problem has been shared on Twitter: “We recognize that the right to bear arms is a fundamental aspect of our nation’s history and an essential component of personal and collective security. As members of the police force, we are committed to upholding the law and defending the rights of our community members.”
Additionally, the police in the state appear to be getting involved, as there are no “carve outs for the police.” On the Facebook page of the Ware Police Department they have posted this announcement that begins with “The Ware Police Department would like to bring an important matter to your attention: the proposed anti-gun Bill currently under consideration (HD 4420, An Act Modernizing Firearms Laws). We understand that this state-level legislation has raised concerns among law-abiding citizens who value their Second Amendment rights.
The Plymouth Police Department posts “AN IMPORTANT MESSAGE FROM CHIEF DANA FLYNN TO THE RESIDENTS OF PLYMOUTH AND THE COMMONWEALTH. PLEASE CONTACT YOUR MASSACHUSETTS ELECTED OFFICIALS IN REGARDS TO THIS BILL.” Never in my four decades of being involved in gun rights have I ever seen such a public proclamation by a police chief.
Minnesota: In 2021 an effort by the Friends of Minnesota Scientific and Natural Areas was started to have the Minnesota DNR initiate a rule to ban the use of lead in both hunting and fishing areas in the state. The MN 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. 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.”
Tennessee: A 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).
