By Tanya Metaksa
What’s New—BATFE has updated the form 4473 and it is available for use by FFLs. 10 Senators have gone on record supporting archery, hunter safety education, outdoor education or culinary arts in a Department of Education funding bill; California—Two bills were signed by Gov. Gavin Newsom: AB28, a bill that adds an excise tax of 11% on all firearms, firearms precursor parts and ammunition, and AB301, adding the acquisition of body armor as another basis for issuing a GVRO, gun violence restraining order. Eleven more have been enrolled and will be sent to Newsom for this signature. Maryland: Another county council, Anne ArundelCounty Council has proposed a gun ordinance, Bill 72-23. The proposal will increase the current distance from 100 yards to 300 yards that a person must be to legally discharge a firearm; Massachusetts: A Boston Common rally opposing HD4420 is planned for Massachusetts gun owners on September 27 at 11 am; New Jersey: The Association of New Jersey Rifle and Pistol Clubs (ANJRPC) announced they have negotiated revised training requirements with the state of New Jersey; New Mexico: Governor Michelle Lujan Grisham on Sept. 15 revised her draconian “health emergency order” on firearms. On Sept. 13 the first of several lawsuits, Donk v. Grisham, was considered and Judge David H. Urias granted the plaintiffs’ motion for a Temporary Restraining Order. The TRO is in effect “until such time as the Court has ruled on the Plaintiffs motions for a preliminary injunction.” Additionally, a hearing on that motion is set for Oct. 3, at US District Court for the District of New Mexico; Politics: Ryan Busse, former firearms executive turned anti-gun spokesman and expert witness for those who wish to disarm law-abiding gun owners, is running for Montana governor.
Biden Administration
BATFE proposed rule published: new “Definition of ‘Engaged in the Business’ as a Dealer in Firearms”
NPRM 2022R-17
Using the Bipartisan Safer Communities Act of 2022 as a mandate, BATFE on Sept. 9 published the new rule. According to the press release the proposed rule would require anyone who sells firearms online, at gun shows or anywhere, even from a private collection, to obtain an FFL. Public comments may be made by mail or submitted to Federal eRulemaking Portal: www.regulations.gov.
ATF Form 4473 Update
ATF has revised the Form 4473 and it has now been approved by the Office of Management and Budget. The form can be downloaded here and the listing of changes to the form are available as well.
Bipartisan Safer Communities Act funding
In 2022 the U.S. Congress passed the Bipartisan Safer Communities Act. One of the provisions, section 13401 is being interpreted to prohibit the Department of Education from providing funding for hunter safety education and archery classes. As a result ten U.S. Senators, sent a letter to the following members of the Senate Appropriations Committee—Patty Murray (D-WA), Susan Collins (R-ME), Tammy Baldwin (D-WI) and Shelley Capito (R-WV). The letter requested that the FY 2024 LHHS bill include text expressly supporting “educational enrichment activities and instruction, such as archery, hunter safety education, outdoor education or culinary arts.”
Legislatures/Local communities
The following states are currently in session: California, Indiana, Michigan, North Carolina, Pennsylvania, New Jersey, New York, Massachusetts and Wisconsin. The states that are still in session but in recess are: Alaska, Georgia, Illinois, Iowa, Maine, Minnesota, Nebraska, Kansas, New Hampshire, Oklahoma, South Carolina, and Vermont .
California—Two bills were signed by Gov. Gavin Newsom: AB28, a bill that adds an excise tax of 11% on all firearms, firearms precursor parts and ammunition, and AB301, adding the acquisition of body armor as another basis for issuing a GVRO, gun violence restraining order. The following bills have been amended, passed the Senate and passed by the Assembly and are on their way to Gov. Newsom: AB97, requiring the CA DOJ to collect and report on prosecutions of misdemeanor offenses relating to unserialized firearms, AB455, adding 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, ghost gun ban and licensing for 3 guns per year dealing, AB1483, a one gun a month restriction on private party sales/transfers, AB1587, requiring merchant codes for sales of firearms, ammunition and firearms accessories, and AB1598, requiring firearms dealers to provide a DOJ pamphlet with every sale. The following bills have passed the Senate and are on their way to Governor Newsom: SB2, the Bruen response bill, SB368, A grab bag of onerous restrictions, SB452, banning all semi-automatic handguns without micro-stamping technology, and SJR-7 Newsom’sconstitutional amendment to remove the Second Amendment.
An interesting fact has been noted by Firearms Policy Coalition (FPC) that groups favoring SJR7 do not include any of the major gun control organizations. While Common Cause and the League of Women Voters are in opposition to the resolution.
Los Angeles Sheriffs’ Department—Delays are still happening in the Right-to-Carry application processing in the LASD. CRPA has been sending letters to police and sheriff departments throughout the state to prod them into processing applications within the time limits set by law. The attorney who is working on this issue can be reached at his X (formerly known as Twitter) address @MorosKostas.
Still awaiting final action are: AB36, domestic violence protective orders and firearms’ possession, in the Assembly Appropriations Committee, AB1240, state parks reports, in the Assembly Water, Parks and Wildlife; SB8, firearms liability insurance, in the Senate Insurance Committee; and AB1133, mandating more training for carry permit applicants, in the Senate Appropriations Committee.
Maryland: Another county council, Anne ArundelCounty Council has proposed a gun ordinance, Bill 72-23. The proposal will increase the current distance from 100 yards to 300 yards that a person must be to legally discharge a firearm. A public hearing will be held on this proposal at the County Council’s meeting on October 2, 2023. To speak on this matter one can sign up online. Bill 72-23 is available to read online.https://www.aacounty.org/county-council/legislation/bill-no-72-23
Massachusetts:A Boston Common rally opposing HD4420 is planned for Massachusetts gun owners on September 27 at 11 am. For further information check out this webpage. There are even transportation suggestions.
New Jersey:The Association of New Jersey Rifle and Pistol Clubs (ANJRPC) announced they have negotiated revised training requirements with the state of New Jersey. The State of New Jersey had originally just used police training requirements as the basis for civilian training requirements for a Right-to-Carry permit. The new updated requirements can be found here, here, here and here. It is very telling that training requirements are spread out among four different agencies. The ANJRPC gives credit to attorneys Dan Schmutter and Evan Nappen.
New Mexico: Governor Michelle Lujan Grisham has revised her draconian “health emergency order” on firearms. In her new public health order, she states that she is, “Removing the previous provision around firearms and replacing it with a provision that temporarily suspends the carrying of firearms at parks and playgrounds in Albuquerque and Bernalillo County.”
On Sept. 13 the first of several lawsuits, Donk v. Grisham was considered and Judge David H. Urias granted the plaintiffs’ motion for a Temporary Restraining Order. The TRO is in effect “until such time as the Court has ruled on the Plaintiffs motions for a preliminary injunction.” Additionally, a hearing on that motion is set for Oct. 3, at US District Court for the District of New Mexico.
Politics – 2024
Montana: Ryan Busse, the former firearms’ industry employee who worked for the 2023 Biden Campaign, Giffords and has testified in several lawsuits since the Bruen decision, has announced his campaign for the Democratic nomination for Governor. The current governor of Montana is Republican Greg Gianforte. According to Fox News:
“His remonstrations against America’s gun culture could become a flashpoint in the campaign given the strong support for gun rights in Montana politics. Busse, who favors background checks before purchases but opposes bans on assault rifles, predicted Republicans will portray him as anti-gun.
“Ryan Busse is straight out of the far left’s central casting – an anti-gun extremist and radical environmentalist,” Montana Republican Party Chairman Don K. Kaltschmidt said in a statement.
