By Tanya Metaksa
What’s New—House passed H.J. Res. 44, to overturn the Biden Pistol Brace Rule on June 13 on a 219-210 vote. This House of Representatives Joint Resolution provides for congressional disapproval of the BATFE promulgated rule. California: AB1587, began its journey through the legislative process dealt with multifamily housing issues before it was amended to require credit card issuers to use merchant codes for firearms and ammunition retailers; Indiana—Indianapolis City Council: Although Indiana has a preemption law the City Council is promoting 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. The vote is scheduled for July 10, but the council has publicly said the ordinance is unenforceable until preemption is voted down; Maine: Maine is in special session. On June 15 the Maine Senate passed LD22, a bill that prohibits selling or transferring a firearm to a prohibited person, with a maximum penalty that exceeds one year, but does not exceed 3 years and amended it to exclude black powder and antique firearms. LD60, requiring a 72-hour waiting period after sale of a firearm, was voted down in both the House and the Senate the week of June 12 -16; New York: The New York legislature has adjourned; Rhode Island: The legislature has recessed its regular 2023 session; Oregon: HB 2005 A has now become HB 2005-B, the bill promoted by Gov. Tina Kotek and Attorney General Ellen Rosenblum, now includes the old HB2006, prohibiting citizens 18-21 years of age from possessing semi-automatic firearms, and the old HB2007, and was passed 35-24 on the House floor on May 2 and has now passed the Senate Rules Committee on a 3-2 vote and will be on the Senate floor shortly. Texas: Gov. Greg Abbott has signed: HB2837, a bill to prevent the use of a firearm specific banking code; and HB3137, restricting local governmental districts from requiring liability insurance for firearms owners.
Biden Administration
BATFE deadline
As of June 1, any gun owner who owns a pistol brace is required to register it with BATFE except those covered under Mock v. Garland, SAF v. BATFE and Texas v. ATF, three lawsuit to stop the new pistol brace rule. According to gunsamerica.com BATFE announced that as of the end of April only 125,000 ATF Form 1’s have been filed. Estimates have guessed the number of pistol braced firearms to be between 3-7 million.The leading lawsuit against the rule in Congress is Mock v. Garland that has been clarified to state that the injunction applies “only to the customers and members whose interest have represented since day one of the litigation”
U.S. Congress
House of Representatives
House passed H.J. Res. 44, to overturn the Biden Pistol Brace Rule on June 13, 2023, on a 219-210 vote. This House of Representatives Joint Resolution provides for congressional disapproval of the BATFE promulgated rule. It was sent to the Senate and President Biden has vowed to veto it should it get to his desk.
H.R. 2985/S.1383, the HEAR Act, a bill to ban the sale, possession of firearms suppressors. It also includes a mandatory “buy back” provision.
H.R. 3155: Democrat Representative Jared Moskowitz (FL) introduced H.R. 3155, that raises the age to 25 years of age to acquire, keep, bear and possess arms received a blistering attack from Firearms Policy Coalition on twitter. The tweet begins with“Representative Moskowitz has chosen to hold himself out as the harbinger of a pervasive federal age discrimination program to deprive millions of peaceable People access to their fundamental and enumerated rights,”and goes on for many tweets.
State Legislatures/Local communities
California—Governor Gavin Newsom made the news this past Thursday when his tweet went viral, especially among pro-Second Amendment twitter users. AB1587, which began its journey through the legislative process dealt with multifamily housing issues before it was amended to require credit card issuers to use merchant codes for firearms and ammunition retailers. The Senate Public Safety Committee held a hearing on AB1483, a one gun a month restriction on private party sales/transfers. AB28 adds an excise tax of 11% on all firearms, firearms precursor parts and ammunition, but then it went to the Assembly Appropriations Committee who, on May 18, amended it to exempt not only employed peace officers but “retired” police officers from such tax. Other bills approved by the Appropriations Committee: 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, expands current ban on making firearms; AB1133, mandating more training for carry permit applicants; AB1483, adds private party transfers to one-gun-a-month restriction; and AB1598, Requires firearms dealers to provide a DoJ pamphlet with every sale. Bills headed to the Senate floor are: 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. Other bills being considered AB36, increasing the time a person subjected to a protective order from possessing a gun to three years “after” the order has expired; AB1420, adds a requirement for firearms purchasers to list email address on state DROS forms and increases inspections of firearms dealers; and SB8, firearms liability insurance. City of San Francisco—this once beautiful city has turned into a third world country. As crime continues to rise and another Soros-backed District Attorney fails to take the criminals off the streets, San Francisco Supervisor Dean Preston has proposed an ordinance to prohibit retail security guards from unholstering their firearms to protect property.
Delaware: HB201 and HB202, to increase arbitrary gun free zones passed the House Administration Committee on June 7. On May 17 the House Judiciary Committee passed Senate Substitute 1 for SB2, the permit to purchase bill that includes a state-mandated training course, have a background check and be approved by the federal Homeland Security Department, and submit to fingerprinting.
Indiana—Indianapolis City Council: Although Indiana has a preemption law the City Council is promoting 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. The vote is scheduled for July 10, but the council has publicly said the ordinance is unenforceable until preemption is voted down.
Louisiana: The legislative session ended June 8 and HB131, the constitutional carry bill, was killed in committee.
Maine: Maine is in special session. On June 15, the Maine Senate passed LD22, a bill that prohibits selling or transferring a firearm to a prohibited person, with a maximum penalty that exceeds one year, but does not exceed 3 years and amended it to exclude black powder and antique firearms. LD60, requiring a 72-hour waiting period after sale of a firearm, was voted down in both the House and the Senate the week of June 12 -16.
Massachusetts: HB2334, sets up an illegal firearm tracking and tracing task force and a Mass firearms ID card would be required to go to a gun show, is before the Joint Committee on Public Safety and Homeland Security.
Michigan: The following bills were signed by Governor Gretchen Whitmer on May 22; SB84-Prohibit purchase of firearms if individual has an extreme risk protection order; SB85-Guidelines for making a false statement in support of an extreme risk protection order; and SB86-Service of process for extreme risk protection order actions includes waiving court fees. It goes into effect next spring and Michigan now becomes the 21st state to implement a red flag law. The following bills were passed in the Senate and are currently awaiting action in the House Committee on Judiciary: SB76-Update references to pistol in penal code; SB77-Weapons; firearms; update references in sentencing guidelines; SB78-Adding penalties for storing or leaving a firearm accessible to a minor. The Senate passed 3 extreme risk protection acts and they are currently referred to the House Committee on Judiciary.
Minnesota: The legislature has adjourned. City of St. Paul—The proposed Ordinance 23-33 mandating safe storage with a locking device or in a safe, was amended on May 17 and laid over for final vote.
New Jersey: Bills introduced: 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.
Oregon: Republicans in the Oregon Senate have returned to the legislature and here comes more gun control legislation. Two Republicans in the House helped pass HB2572, a bill to create 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, HB 2005 A has now become HB 2005-B, the bill promoted by Gov. Tina Kotek and Attorney General Ellen Rosenblum, now includes the old HB2006, prohibiting citizens 18-21 years of age from possessing semi-automatic firearms, and the old HB2007, and was passed 35-24 on the House floor on May 2 and has now passed the Senate Rules Committee on a 3-2 vote and will be on the Senate floor shortly. SB348, a bill that makes it almost impossible to purchase a firearm and could make any citizen a felon, if they own a magazine for a firearm, has passed the Senate Judiciary Committee and is currently before Joint Committee on Ways and Means. SB393, that most of the members of the committee do not know what it does, appears to be a shell bill that Senator Floyd Prozanski (D-Eugene) can put any anti-gun proposal into and is in Senate Judiciary Committee. Bills awaiting action: SB551, requiring schools to provide information on “secure storage of firearms”.
Pennsylvania: House Democrats brought a package of bill to the floor on May 22 and were able to pass HB1018, a “red flag” bill by a slim 2-vote majority—HB1018 considers the purchase of a firearm a “red flag.” They also passed HB714, universal background checks and gun registration. Two more bills were on the calendar: HB338, requiring the reporting of lost or stolen firearms within 72 hours; was defeated 100-101 and HB731, a mandatory storage bill, was not brought up for a vote. Other introduced bills: HB465, banning the carrying of of any weapon including baseball bats to a public; HB335, making an “accelerated trigger activator” a prohibited weapon; HB336, banning the sale or “assault weapon” and exempting current owners; HB337, requiring a 72-hour waiting period for firearms purchases; HB355, requiring the destruction of any recovered firearms that cannot be returned to their lawful owners within 120 days; HB226, concerning sale or transfer of firearms, introduced by 10 Democrats. HB001 was recommitted to the Judiciary Committee.
South Carolina: Although the legislature adjourned, they are currently in a special session on budget, abortion and guns. Constitutional carry, HB3594, has passed the House and the companion bill, S109,advances to a floor vote in the Senate.
Tennessee: Although the Special Session on Guns is scheduled in 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. Under HB1233 a new state run reporting of risk referrals will now be initiated (section 39-17-1376 of the bill) and those reports will be forwarded to the appropriate law enforcement agency Also, this bill requires firearms’ owners to keep firearms in a locked container when the owner is not in a motor vehicle or boat and requires notification by the owner of any loss within 24 hours.
Texas: The Texas legislature has adjourned. Gov. Greg Abbott has signed: HB2837, a bill to prevent the use of a firearm specific banking code; and HB3137, restricting local governmental districts from requiring liability insurance for firearms owners.
