By Tanya Metaksa
What’s New—Constitutional Carry: South Carolina: S109 advances to a floor vote in the Senate; Louisiana: HB131 was reported out of the Committee on Administration on May 17 and passed in the House on May 23; US House of Representative: H.R. H.J. Res. 44, to overturn the Biden Pistol Brace Rule before it goes into effect on June 1, 2024. This House of Representatives Joint Resolution would provide for congressional disapproval of the BATFE promulgated rule; Connecticut: HB6667, Gov. Ned Lamont’s gun ban bill is a comprehensive anti-gun bill that includes one gun a month passed the House on a 96-51. vote; California—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; Louisiana: HB131, a constitutional carry bill, was reported out of the Committee on Administration on May 17 and was passed by the House on May 23 —71-29; Michigan: On May 22 Gov. Gretchen Whitmer signedSB83, a bill toenact extreme risk protection orders—April 19the Senate concurred with House amendments 20-17; Minnesota: The legislature has adjourned; City of St. Paul—The City Council passed proposed Ordinance 23-33 mandating safe storage with a locking device or in a safe; Oklahoma: the legislature is now in a special session; 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 check and gun registration; Texas: HB2837, a bill to prevent the use of a firearm specific banking code, has passed the legislature and is on its way to Gov, Abbott: Judicial: Mock v. Garland: the Fifth Circuit Court of Appeals clarified to the private parties (GOA, GOF) that their injunction applies “only to the customers and members whose interest have represented since day one of the litigation”
Biden Administration
BATFE deadline
As of June 1, any gun owner who owns a pistol brace will have been required to register it with BATFE. Two efforts to stop the new pistol brace rule included 1.) An effort to pass H.J. Res 44 that would nullify the rule and 2.) Lawsuits have been filed against the 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 Main 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
H.R. H.J. Res. 44, to overturn the Biden Pistol Brace Rule before it goes into effect on June 1, 2024. This House of Representatives Joint Resolution would provide for congressional disapproval of the BATFE promulgated rule.
H.R. 2985/S.1383, the HEAR Act, a bill to ban the sale and 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
Alabama: The House Judiciary Committee passed HB234, a bill to make the possession of “trigger activators” a felony.
Alaska: HB61, passed the House 26-12 on May 3 and passed the Senate on May 16. It went to Gov. Mike Dunleavy.
California—After the Assembly Revenue and Taxation Committee held a hearing on AB28, adding an excise tax of 11% on all firearms, firearms precursor parts and ammunition, it went to the Assembly Appropriations Committee which, 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 and headed to votes in the full Assembly are: 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.
Colorado: SB279 banning custom firearms, so called “ghost guns” and was passed in the House and it went to Gov. Jared Polis.
Connecticut: HB6667, Gov. Ned Lamont’s gun ban bill is a comprehensive anti-gun bill that includes one gun a month, safe storage, prohibits open carry, ghost guns, carrying a loaded gun in a vehicle, and large capacity magazines, increases training requirements, and more, it passed the House on a 96-51 vote. 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: 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.
Hawaii: The Hawaii legislature has adjourned.SB1230, a post-Bruen bill that expands gun-free zones and requires mandatory insurance coverage, was passed and is awaiting Gov. Josh Green’s approval.
Louisiana: HB131, a constitutional carry bill, was reported out of the Committee on Administration on May 17 and iwas passed by the House on May 23 71-29; SB212, a red flag bill had a hearing on May 2. HB175, prohibiting the carrying of a firearm in a medical facility was deferred in the House Administration of Criminal Justice Committee on May 16, killing the bill for this session.
Maine: Maine is in special session.The Criminal Justice and Public Safety Committee held a hearing on May 17 for LD 22, impede transfer of firearms to prohibited persons, LD60, require a 72-hour waiting period after the sale of a firearm, LD168, background checks, LD551, firearms discharge, LD582, penalties for firearms possession, LD943, prohibition of maintaining firearms records by shipping companies, LD924, enhance penalties for maintaining firearms records by shipping companies, LD624, strengthening Maine law concerning the creation of a gun registry; LD1011, require gun owners to report a stolen or lost firearm within 72 hours of knowing or should have known the gun was missing; and LD1340, ban “rapid fire modification devices” which includes many more than just bump stocks.LD1560, strengthening Maine’s “Stand Your Ground Law.”
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: Although the legislature has adjourned they passedSB1, very restrictive legislation in response to the Bruen decision. Maryland Shall Issue in conjunction with the Second Amendment Foundation has initiated a constitutional challenge, Novotny v. Moore, to this law.
Michigan: On May 22 Gov. Gretchen Whitmer signedSB83, a bill toenact extreme risk protection orders—April 19the Senate concurred with House amendments 20-17. The following bills were passed in the Senate and the House Committee on Judiciary sent them to the House floor without amendments; 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. The following bills were passed in the Senate and are currently awaiting action in the House Committee on JudiciarySB76-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: Gov. Tim Walz lost no time in signing SB2909, the omnibus gun control bill that contains both red flag gun confiscations and universal background checks. 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. Rob Doar, vice president of the Minnesota Gun Owners Caucus, said the mayor’s initiative, given his own missing weapons, is hypocritical. He also contended state statute doesn’t permit cities to pass such regulations and that it isn’t likely to work anyway.
Montana: Gov. Greg Gianforte signed HB674, creating a law for an optional, enhanced concealed carry permit that will recognize Montanans’ concealed carry permits, on May 18.
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.
Nevada: On May 17 Gov. Joe Lombardo vetoed AB355, prohibiting anyone less that 21 years of age from possessing a firearm, AB354, prohibiting the possession of a firearm on the grounds of any educational institution and in a car parked on such grounds, and SB171, expanding the prohibited persons categories. His veto message went straight to the point: “I will not support legislation that infringes on the constitutional rights of Nevadans,” said Governor Joe Lombardo. “As I stated in my letters, much of the legislation I vetoed today is in direct conflict with legal precedent and established constitutional protections. Therefore, I cannot support them.”
New York: Another anti-gun bill has been introduced—SB5602, makes “unlawfully possess[ing] with intent to sell twenty or more firearms” punishable by up to life in prison. Introduced: 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 owners gun within a 120-day time frame; S5902, requiring proof of liability insurance prior to issuing a carry permit.
Oklahoma: Governor Kevin Stitt signed both SB978, the boat carry act, and HB1789, a bill to clean up the constitutional carry law. The legislature is currently in its first special session. No other gun bills are not under consideration.
Oregon: Republicans in the Oregon Senate have been absent in an effort to deny quorum and block the Democrat majority a quorum. However, 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 now goes directly to the Senate floor for a vote. 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 Prozanski 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 check 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: A Special Session on Guns has been announced by Gov. Bill Lee beginning on August 21, 2023 “to strengthen public safety and preserve constitutional rights” Memphis—despite a preemption law Memphis City Councilman JB Smiley has introduced an ordinance the ban the carrying of “assault” rifles and mandating car storage in a lockbox only.
Texas: HB2837, a bill to prevent the use of a firearm specific banking code, has passed the legislature and is on its way to Gov, Abbott.
Vermont: Gov. Phil Scott signed H230, “an act relating to implementing mechanisms to reduce suicide.” The law enables an extreme risk protection order to be issued against a firearms owner as well as a waiting period for the transfer of a firearm between 72 hours and 7 business days.
