By Tanya Metaksa
What’s New—Constitutional Carry bills introduced and moving through legislature: Florida: The constitutional carry bill, HB543, passed the House 76-32 on March 24; Nebraska: LB77 is up for a vote on March 28; no change since last week for South Carolina; Alaska: HB61 passed the Community and Regional Affairs Committees 4-1 and SB63 was referred to the Senate Judiciary Committee. Colorado: SB168 and SB170 are awaiting action in the House following a ten hour hearing in the House Judiciary Committee; HB1219 is awaiting action in the House; Florida: SB214, the merchant category code for credit cards was approved by the Senate 27-11; Hawaii: HB984, expanding gun free zones, has a hearing scheduled before the Senate Judiciary Committee on March 31 and HB 426, allowing frivolous lawsuits against firearms manufacturers and sellers, has a hearing scheduled before the Senate Judiciary Committee on March 30; Maryland: SB1, a very restrictive state law in response to the Bruen decision, passed the Senate 31-16; and a hearing is scheduled for the Judiciary Committee on March 29; Michigan: The Senate concurred with the House on passed three gun control packages and the bills are going to Gov. Gretchen Whitmer; Montana: HB674 passed the House on March 25; New Hampshire: House defeated another anti-gun bill this week; Nebraska: The first of three votes needed to pass a bill was successful. LB77, constitutional carry, is scheduled for the second vote on March 28; New York: S5902, requiring proof of liability insurance prior to issuing a carry permit, has been introduced; North Carolina: The legislature passed SB41 and Gov. Roy Cooper vetoed it; Oklahoma: HB2218, a bill to stop taxpayer funding of businesses that discriminate against the firearms industry, passed the House 74-19 on March 27; Oregon: Three anti-gun bills promoted by Gov. Tina Kotek and Attorney General Ellen Rosenblum are scheduled for work session of the House Judiciary Committee on March 30. Check out this interesting article about the hearing. SB551, requiring schools to provide information on “secure storage of firearms”, will be heard on March 28 by the Senate Education Committee; Utah: Two bills that flew under our radar, HB226 and HB451, were signed by Gov. Spencer Cox recently. HB226 sets up a state database to check is a gun was reported as stolen and if the seller of the firearm has a valid concealed carry permit and HB461, allows firearms confiscated at an airport to not always be confiscated; Virginia: The legislature has adjourned and Gov. Glenn Youngkin signed HB1422, HB2467 and HB2387. HB2298, allowing switchblade knives to be carried, has an action deadline of March 27 for Gov.r Youngkin; Washington: House Civil Rights and Judiciary Committee has scheduled an executive session (voting) for SB5078; an executive session has been scheduled by the Senate Committee on Law & Justice for HB1240, a gun ban bill, and HB1143, a bill requiring proof of training prior to firearms’ purchase; Wyoming: Gov. Mark Gordon signed SF120, a bill returning gun rights to non-violent felons five years after completing their sentence.
2023 Congressional Activity/Biden Administration
US Congress: Bills preceded by a * are newly added this week.
Biden Administration: Defense Secretary Lloyd Austin appointed a Suicide Prevention and Response Independent Review Committee. That Committee has recommended that a 7-day waiting period be initiated for all gun sales and a 4-day waiting period for ammunition purchases on DoD property. It has also proposed raising the firearms purchase age to 25. Sec. Austin, however, put these recommendations on hold until another committee, the suicide prevention working group has decided whether implementing the original recommendations is feasible. The deadline for the working group’s decision is June 2.
New Pro-Gun Bills
H.R. 1614, Range Access Act, increase national outdoor recreation opportunities (shooting ranges) on BLM land.
Anti-gun bills
S.173 A safe storage law, named “Ethan’s Law” was introduced by Senators Richard Blumenthal (D-CT) and Chris Murphy (D-CT), penalizing any adult that allows a minor, less than 18 years of age, to gain possession of a firearm. The bill’s storage requirements are onerous and the penalties include forfeiture of the firearm, jail time and fines. Rep. Rosa DeLauro (D-CT01) is submitting a companion bill, but no bill has yet been submitted.
H.R.584, Stop Online Ammunition Sales Act of 2023, has been introduced by Rep. Bonnie Watson Coleman (D-NJ). Rep. Coleman was endorsed in 2022 by Michael Bloomberg’s Everytown organization. All sellers of ammunition would be licenses and required to confirm identity of the buyer in person with a photo ID. And all purchases of more than 1,000 rounds would be required to be reported to federal, state and local law enforcement.
H.R.715: Brian Fitzpatrick, a Republican Representative from PA who voted for the 2022 Assault Weapon ban in Congress, has now authored HR715 that would implement a gun registry. HR715 has 180 cosponsors.
S.1522, with 43 co-sponsors on Feb 1. Senators Diane Feinstein (D-CA) and the two Democrat Senators from CT,Chris Murphy and Richard Blumenthal, announced the introduction of two anti-gun bills: The S.25, Assault Weapons Ban, and S.14, the Age 21 Act. Congressman David Cicilline (D-R.I.) introduced a companion version of the Assault Weapons Ban, H.R. 698.
State Legislatures/Local communities
Louisiana, the last state to convene—April 10, 2023; New Mexico, Utah, West Virginia, Virginia and Wyoming have adjourned.
Alaska: HB61 and its companion bill SB63 were introduced in a bipartisan effort to get this concept passed into law. The bills prevent the prohibition, regulation, or seizure of citizens’ Second Amendment rights during a declared State of Emergency unless all forms of commerce are effected. HB61 passed the Community and Regional Affairs Committees or March 22 by 4-1 and was referred to the State Affairs Committee. In the Senate Community and Regional Affairs Committees there was no recommendation for SB63 but it was referred to the Senate Judiciary Committee on March 22.
Arizona: The Senate has passed both SB1331, allowing parents of a child who is a student at a public school to carry on school grounds, and SB1109, removing suppressors from prohibited weapons category.
California—AB36, a person subjected to a protective order from possessing a gun will remain subjected to that order for three years “after” the order has expired. SB8, firearms liability insurance, has been amended to delete the civil liability section. AB97, banning unserialized firearms, passed the Public Safety Committee on March 7 by a 8-0 vote. AB301, the prohibition on owning body armor, has been amended by the author several times especially adding more exempt professions and on March 14 passed the Committee on Public Safety 6-2. SB2, which failed in the final minutes of the 2022 legislature, a revision of the carrying permit law, is being revived and pushed by Gov. Newsom. It currently has a hearing scheduled on March 28 before the Senate Committee on Public Safety.
Colorado: The following bills passed the Senate: Hearings were held on SB168, allowing lawsuits against firearms manufacturers, SB169, minimum age for firearms purchase raised to 21, and SB170, add more non-judicial people to the list who can file an Extreme Risk Protection Order to remove a person’s firearms. Hearings were held in the House Judiciary Committee and then SB168 and SB170 were passed 7-4. HB169 is on the House Second Reading list. HB1230, an assault weapons ban, is still in the House Judiciary Committee. HB1219, a three-day waiting period, is on the House floor.
Connecticut: Three gun bills were heard by the House Judiciary Committee and they could be considered at any time: HB6667, Gov. Ned Lamont’s gun ban bill, HB6816, microstamping ammunition, age to purchase raised to 21, and bans body armor, and HB6817, clarifying a person’s right to own, possess or carry a firearm.
Delaware: The legislature refusing to allow public comment or debate passed Senate Concurrent Resolution 12, declaring “gun violence” and “public health crisis” in both Houses. It now goes to Governor Carney, who is expected to sign it.
Florida: The constitutional carry bill, HB543, passed the House 76-32 on March 24. SB150, passed 5-3 the Senate Fiscal Policy Committee on March 9 and is on 2nd reading in the Senate. The Senate passed SB214, that would stop the use of the gun store MCC and even fine the credit card companies $10,000 per violation by a vote of 27-11.
Hawaii: SB1230, a post-Bruen bill that expands gun-free zones and requires mandatory insurance coverage, is awaiting votes in the House. HB984, expanding gun free zones, has a hearing scheduled before the Senate Judiciary Committee on March 31and HB 426, allowing frivolous lawsuits against firearms manufacturers and sellers, has a hearing scheduled before the Senate Judiciary Committee on March 30. Honolulu-Bill57-passed the City Council on a 6-3 vote and it now goes to Mayor Rick Blangardi, who is expected to sign it.
Idaho: The House on March 3 passedwith overwhelming margins HB189 and HB190, ensuring that the citizens of Idaho through their tax dollars do not do business with firms that boycott the firearms industry.
Illinois:HB3238, possession, sales, transfer of armor plate, body armor or military helmet would be illegal; HB1231, requiring 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 county sheriffs have said they would enforce HB5471, the comprehensive “assault weapons” ban signed by Gov. J. B. Pritzker.
Iowa: HSB173, allowing adults who are licensed to carry firearms to drive onto school grounds to pick up of drop off students. A subcommittee of the House Committee on Public Safety recommended Do Pass and the bill has been renumbered as HF654.
Kansas: HB2412, eliminating fees for Right-to-Carry permits, was passed by the House Committee on Federal and State Affairs last week. Attorney General Kris Kobach has stated his support for the bill. The Senate Committee on Federal and State Affairs recommended that SB116, a bill to expand access to firearms safety education, do Pass. In past sessions similar bills have been vetoed by Gov. Laura Kelly.
Kentucky: HB153, which invalidates federal firearms bans, has passed the Senate by a vote of 27-9 and has been delivered to Gov. Anthony Beshear, a Democrat.
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.
Maryland: SB1, a very restrictive state law in response to the Bruen decision, passed the Senate 31-16 and is scheduled for March 29 before the House Judiciary Committee.
The bill was amended to remove some of the egregious “sensitive places”, but President Mark Pennak of Maryland Shall Issue stated, “It is still unconstitutional in its sweep to include multiple places as sensitive places.”
Michigan: The House passed the Senate’s package of storage requirement bills: SB79-Update weapons sentencing guidelines reference; SB80-the penalties for improper storage; SB81-Sales tax exemptions for firearm safety devices; and SB82-Use tax exemptions for firearm safety devices with amendments on March 22. The Senate on March 23 voted to concur with the House amendments and that package now goes to Gov. Gretchen Whitmer. After voting for the storage requirement package, the Senate then passed three House bills: HB4138-Require license or background check for purchase of firearms; HB4142-Update firearms references to pistol in penal code; and HB4143-Update firearms references in sentencing guidelines. Those additional bills are also headed to Gov. Whitmer’s desk. The following bills were passed in the Senate on March 16; 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. Finally, the Senate passed 3 extreme risk protection acts on March 16 and they are currently referred to the House Committee on the Judiciary: SB83-Enact extreme risk protection order act; 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.
Minnesota: According to the MN Gun Owners Caucus 76 Sheriffs are now pushing back against the DFL’s anti-gun agenda—up from 48 a week ago. The Public Safety Finance and Policy Committee adopted the following bills and re-referred to the House Ways & Means: HF396, a safe storage bill requiring locking devices to be included in every firearm transfer, HF14, a background check bill, HF15, a “red flag” bill, and HF601, requiring the reporting of stolen or lost firearms within 48 hours.
Mississippi: After the House passed HB1110 (87-26)that would stop the use of the gun store MCC and is was amended and passed in the Senate and was returned to the House for concurrence, the House declined to concur and a conference was requested.
Missouri: HB282 and SB224, allowing the carrying of firearms on public transit, have been introduced.
Montana: HB674, creates an optional, enhanced concealed carry permit that will recognize Montanans’ concealed carry permits in five additional states, including WA, MN, NM, SC & DE, passed the House on March 25.
Nebraska: The first of three sequential votes needed to pass LB77, a constitutional carry bill, in the unicameral legislature, was successful (36-12). The second vote is scheduled for March 28. In the next two votes, which can be scheduled at any time, will need 33 Senators to overcome a filibuster and send the bill to the Governor. The bill now has 25 co-sponsors and there are 32 Republican Senators and 17 Democrats. On this first vote 4 Democrats voted in favor of LB77. When this bill was before the Nebraska legislature in 2022, three Senators switched their votes on the second vote which effectively killed the bill. Passing a bill with a 2/3rds majority is not an easy task.
New Hampshire: On March 16 three anti-gun bills were defeated on the House floor: HB76, a three-day waiting period, HB444, banning the carrying of firearms at polling places, and SB247, repealing NH’s limited liability law for the firearms’ industry.
North Carolina: The General Assembly put several bills together and passed SB41, a bill that expanded carrying on school property, repeal pistol purchase permits, and launch a safe storage awareness initiative. Gov. Roy Cooper wasted no time in vetoing the bill, which he has done to similar bills in 2022 and 2020. The question now is whether the veto-proof majority that includes Democrats will hold in a veto override session.
New Hampshire: The House defeated the following bills: HR8, a resolution urging Congress to pass an “assault weapons” ban, HB158, banning so-called armor piercing ammunition, and HB191, allowing state agencies to destroy voluntarily surrendered firearms.
New Mexico: Adjourned. All bills with the exception of HB9, a gun owner liability law was signed by Governor Michelle Lujan Grisham on March 14, did not pass through the legislature before adjournment on March 18, 2023. Although during the session Gov. Lohan threatened to hold a special session on firearms if she did not get her gun bills passed, in a press conference after adjournment, she said, she would continue to battle on crime legislation. And she made no apologies for her battle against guns.
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.
New York: Another anti-gun bill has been introduced—S5902, requiring proof of liability insurance prior to issuing a carry permit. More gun bills: A5199, excise tax on ammo; AB1892, requiring the posting of signage when the rate of “gun violence” in a particular area exceeds the national rate was introduced;SB430, prohibiting live ammo on a film production set and SB929 that 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: Gov. Roy Cooper vetoed the omnibus firearms bill, SB41.Hopefully the legislature can override a veto by Gov. Roy Cooper.
Oklahoma: HB2218, a bill to stop any taxpayer funding of businesses that discriminate against the firearms industry, passed the House 74-19 on March 27. HB1001, a bill to lower the age a citizen can carry a firearm, has been introduced by Rep.Jim Olsen (R) and passed the State Powers Committee on March 1.
Oregon: Three anti-gun bills promoted by Gov. Tina Kotek and Attorney General Ellen Rosenblum are scheduled for a work session of the House Judiciary Committee. The bills are HB2005, a comprehensive anti-home built firearm bill; HB2006, prohibiting citizens 18-21 years of age from possessing semi-automatic firearms, and HB2007, weakening Oregon’s firearms preemption law on March 30. SB551, requiring schools to provide information on “secure storage of firearms”, will be heard on March 28 by the Senate Education Committee. However, there is no information on what it actually covers, who provides it or who assures it is accurate and not biased. 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: Another bill, HB465, banning the carrying of any weapon including baseball bats to a public demonstration has been added to the following introduced bills: 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; HB338, requiring the reporting of lost or stolen firearms within 72 hours; 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. The Judiciary Committee has hearing dates scheduled for March 14 and March 29, but only HB001 and SB001 are announced to be heard on March 14.
South Carolina: No change since last week. HB3594, a constitutional carry bill, passed the House 87-26 on Feb. 23 and is in the Senate Committee on Judiciary.
South Dakota: The legislature is scheduled to adjourn on March 27, 2923. Gov. Kristi Noem signed SB98, a bill that stops the requirement to be fingerprinted when seeking a renewal of an enhanced permit.
Texas: HB2837, a bill to prevent the use of a firearm specific banking code, has been introduced. HB1623, banning possession & transfer of firearms with removable magazines bigger than .22 has been introduced.
Utah: Adjourned. Two bills that flew under our radar, HB226, and HB461, were signed by Gov. Spencer Cox recently. HB226 sets up a state database to check is a gun was reported as stolen and if the seller of the firearm has a valid concealed carry permit. HB461 allows firearms confiscated at an airport to not always be confiscated.
Virginia: The Virginia legislature has adjourned. The following bills have passed the legislature: Gov. Youngkin signed HB2467, allowing the use of a non-photographic ID in the purchase of a firearm on March 24; HB2387, a tax credit of up to $300 towards the purchase of a gun safe and HB1422,allows a USCCA course to the list of training requirement for carry permits, on March 22. HB2298, allowing switchblade knives to be carried, has an action deadline of March 27 for Gov. Youngkin.
Washington: On March 24 House Civil Rights and Judiciary Committee had scheduled an executive session for SB5078, an anti-firearms industry bill. The Senate Committee on Law & Justice has scheduled an executive session for HB1240, an assault gun ban bill, and HB1143, a bill requiring proof of training prior to firearms’ purchase for March 28.
West Virginia: Adjourned
Wyoming: Adjourned. Gov. Gordon signed SF120, a bill returning gun rights to non-violent felons five years after completing their sentence.
