Mar. 1, 2021
By Tanya Metaksa
What’s New— Arkansas: SB24, stand your ground legislation, passed both Houses; Colorado: Hearings on two anti-gun bills the first week of March; Georgia: HB218, grants recognition to non-Georgia Right-to-Carry permittees passed the House; Indiana: HB1369, constitutional carry bill, passes the House 65-31; Iowa: HB254, a permit less carry bill has been introduced; Kentucky: HB175, preventing discrimination against firearms businesses passes House Judiciary Committee; Mississippi: SB2107, preemption legislation passed by House Judiciary Committee B; Missouri: Newton County: Second Amendment Preservation Act of Newton County, Missouri; New Mexico: HB279, preventing future executive orders or Health Dept. orders to shut down firearms business, was defeated, but the Committee did pass HB306; North Dakota: House passes HB1450 unanimously; Texas: HB2249/SB18, specifying that firearms businesses are essential businesses during a declared disaster or state of emergency have been introduced; Utah: HB76, establishing the state government as the ultimate authority over gun laws in the state passed in the House; Washington: SB5038, the open carry ban is awaiting a vote on the Senate floor; Judicial: Duncan v. Becerra: The Ninth Circuit Court has agreed to hold an embank hearing on the 2020 ruling that banning magazines of more than 10 rounds was unconstitutional; Bass v. Edmonds, Washington Court of Appeals upheld the state’s preemption statute; State v. Misch: The Vermont State Supreme Court upholding legislation that banned magazines over 10 round capacity ruled that regulating magazine capacity was “a reasonable regulation of the right to keep and bear arms.”
Biden-Harris Administration
Biden’s nominees for Cabinet positions tend to be very left of center even as the center has shifted to the left. His nominee for Attorney General is an avowed anti-gun judge who promises to “advance President’s policies. Biden’s other nominee that will have a profound effect on hunters, fishermen and other outdoor enthusiasts is Deb Haaland (see related article), who was before the Senate Energy and Natural Resources Committee, chaired by Senator Joe Manchin (D-W.Va).
She has been nominated based on her race and her complete allegiance to the Democrat party. She rose to political power as a community organizer for New Mexico Native Americans. As a result, she became the Democrat nominee for Lieutenant Governor of New Mexico in 2014. After she lost the election, she became the Chair of the Democrat party in New Mexico. She then ran successfully for election to the U.S. House of Representatives in 2018 after the incumbent Democrat Representative ran for Governor. Her Congressional District is a reliable Democrat district and her victory in the general election was almost guaranteed. She was easily reelected in 2020.
Her two plus years in Congress have been focused on Indian Affairs. She has no background in issues facing the Interior Department and is obviously anti-gun by her votes in favor of all the gun control measures that were passed in the 116th Congress (2019-2020). At the Department of Interior, she will be in charge of a government agency that not only is in charge of three offices of tribal affairs, but in charge of 500 million acres of public land and how all Americans are able to utilize and enjoy that land. She does not have the background to be Interior Secretary, she probably has the background to be in charge of the Bureau of Indian Affairs. However, she was nominated because she is a Democrat Party hack who happens to be a member of the Laguna Pueblo tribe and as she says “I will support President Biden’s positions.” Our public lands deserve better and so do American hunters, fishermen, and outdoor sportsmen. Unfortunately, Senator Manchin has stated that he will support Haaland.
Bureau of Alcohol, Tobacco, Firearms and Explosives
Be prepared for an overactive and aggressive BATFE agency that is adversarial in both tone and substance under the Biden-Harris Administration.
2021 Gun Bills in the U.S. Congress
H.R. 38, the Concealed Carry Reciprocity Act, was introduced again by Rep. Richard Hudson (R-NC). This bill allows travelers to possess and receive a firearm under federal law if they have a government issued ID card and have a Right-to-Carry permit or reside in a state that allows lawful concealed carry. H.R. 95, remove silencers from definition of firearms.
Anti-Gun bills: Sheila Jackson Lee (D-TX), a member of the Judiciary Committee has at least three bills: H.R. 130, registration of firearms and ammunition owners and storage requirements; H.R. 121, hire 200 more BATFE agents; and H.R. 125, 7-day waiting period before transfer of semiautomatic firearm, silencer or auto piercing ammunition. H.R. 167, Al Green (D-TX), prohibit transfer of firearm at gun show except for an FFL,
2021 State Legislation
All state legislatures are in session in 2021. Florida starts its session on March 2, Louisiana on April 12.
Arizona: HB2827, prohibiting financial institutions from discriminating against firearms businesses, and HB2840, allowing storing of loaded firearms on school grounds in locked vehicle, were passed by the House Committee on the Judiciary. HB2551, allowing Right-to-Carry permittees to carry weapons at certain establishments and events, has passed the House General Education Committee and the Rules Committee and now is awaiting a vote in the House. It received approval from both the House Majority Caucus and House Minority Caucus.
Arkansas: The Senate Judiciary Committee held a hearing on January 13 on SB24, eliminating the duty to retreat and was passed in the Senate on Jan. 19 by a vote of 27-7. It has now passed the House and goes to Governor Asa Hutchinson.
California: More anti-gun bills were introduced before Feb 19th the bill filing deadline: AB1223, adds a $25 tax to each firearm sold. A bill to ban bear hunting, SB264, was introduced and has been withdrawn. Two bills that are aimed at gun shows have been introduced: AB311, prohibiting the display or sale of precursor parts, and SB264, banning gun show on state-owned property.
Colorado: The mandatory firearms safe storage bill, HB1106, will be before the House State, Civic, Military & Veterans Affairs Committee on March 1, while SB78, a bill to fine gun owners that do not promptly report a lost or stolen firearm, will be before the Senate Judiciary Committee on March 4. Additionally, three pro-gun bills have been introduced: HB1038, allowing those with Right-to-Carry permits carry handguns on school grounds; HB1070, repeals ban on magazines holding more than 10 rounds, and HB1082, allows Right-to-Carry permittees to use their permit to avoid a background check.
Connecticut: Both pro-gun and anti-gun bills have been introduced in 2021. HB5077, limiting emergency orders restricting firearms, and several bills limiting the local regulation of firearms: SB544, HB5384, HB5709, and HB5970. Anti-gun bills include HB5531, taxing ammunition, and SB125, one handgun per month
Florida: A pro-gun bill to restore the private property rights of religious institutions, SB498, has been introduced by Senator Joe Gruters and six other Senators. The House companion is HB259. SB498 was voted on in the Senate Judiciary Committee and passed by a party-line vote 7-4. On Feb. 10 the Senate Criminal Justice Committee voted 14-3 to pass it.
Georgia: HB218, granting recognition to non-Georgia Right-to-Carry permittees as well as stopping government officials from suspending or restricting Second Amendment rights during declared states of emergency, has passed the House.
Hawaii: The Senate Judiciary Committee passed SB307, banning firearms that fire fifty caliber or higher, and SB301, banning so-called “assault rifles” and “assault shotguns”; the House Judiciary and Hawaiian Affairs Committee passed HB1366, ban the manufacture or possession of firearms or parts for “ghost” guns, and HB31, a mandatory safe storage bill.
Illinois: Bills filed to require firearms legislation and increase costs for a FOID.
Indiana: HB1369, a constitutional carry bill, passed the House by an overwhelming vote 65-31.
Iowa: HB254, a constitutional carry bill has been introduced. SB64, an overreaching school safety measure, is before the Senate Committee on Education and Career Development. SJR7, proposing a “Second Amendment” to the Iowa constitution, was quickly passed in both the House and the Senate. Paul Lathrop has an excellent article on the Iowa constitutional amendment that will need to be passed by the voters in the 2022 election.
Kansas: TheHouse Committee on Federal and State Affairs passed HB2059, a bill that would allow all persons with out-of-state Right-to-Carry permits to carry lawfully in Kansas.
Kentucky: HB175, preventing banks from discriminating against firearms businesses, passed House Judiciary Committee;
Maryland: HB4, a bill banning the sale or transfer of long guns between private individuals without government permission, was vetoed by Gov. Larry Hogan.Both the House and the Senate have voted to override the veto so it becomes law in 30 days.SB309, allowing a Right-to-Carry applicant to get a preliminary approval prior to obtaining required training, has passed the Senate unanimously. It now goes to the House Judiciary Committee. HB175, requiring ammunition sellers to conduct a federal NICS background check, has been introduced and been assigned to the House Judiciary Committee.
Massachusetts: Among many anti-gun bills introduced are HD135, requiring background check for private gun sales, and HD136, requiring liability insurance for gun ownership–failure to carry the insurance would result in a fine of $500 to $5,000, up to a year in prison, or both.
Mississippi: The Senate passed SB2107 35-16, enhancing the state’s preemption law to include state agencies as an entity that is prohibited from restricting Second Amendment rights.
Missouri: HB1068, designating firearms businesses as essential, introduced by House Speaker Pro-Tem John Wiemann. HB52, allowing carrying of firearms for self-defense on public transport and in private vehicles, and HB212, allowing persons to keep their firearms and ammunition in their locked vehicle while on private property, were passed by the House General Laws Committee and sent to the Legislative Oversight Committee.
Newton County: Second Amendment Preservation Act of Newton County, Missouri: The Newton County Commission voted to pass this act that says any infringement on the Second Amendment by law, presidential edict, or any other means shall be considered null and void in the county.
Montana: HB102, a constitutional carry bill, was signed by Gov. Greg Gianforte. “Our Second Amendment is very clear: The right of the people to keep and bear arms shall not be infringed,” Gianforte said at a bill signing ceremony Thursday afternoon. “Every law-abiding Montanan should be able to defend themselves and their loved ones.”
Nebraska: LB115, creating a waiting period for handgun purchases and increasing permit fees, is scheduled for a hearing on Feb. 24, 2021. LB300, that clarifies the current Castle Doctrine law and extends it to one’s vehicle, is scheduled for a hearing March 3, 2021 before the Judiciary Committee.
New Hampshire: Feb 16, 2021 the Senate Judiciary Committee considered SB141, making the handgun purchase be the same of the current long gun purchase requirement: go through the National Instant Criminal Background Check system.
New Mexico: The Senate Health & Public Affairs Committee advanced SB224, mandatory gun storage, it now goes to Senate Judiciary Committee.The House Judiciary Committee will hold a virtual committee meeting on Feb. 22 at 1 pm on HB193, adding more powers to police officers to enforce red flag laws, and HB166, make manufacturing a firearm a felony offense. HB279, preventing future executive orders or Health Dept. orders to shut down firearms business, was defeated on a party-line vote. The Committee did pass HB306, that set time limits to law enforcement’s ability to delay the issuance of Right-to-Carry permits. The House Judiciary Committee voted 8-2 in favor of HB102, appropriating $10 million from taxpayer dollars to a Violence Intervention Fund. These dollars are to go to municipalities and tribal governments for programs that focus on reducing “gun violence and aggravated assault.” This would give anti-gun groups and communities a fund to spread their agenda.
New York: In 2019 NY Attorney General Letitia James made it illegal for online retailers to sell unfinished receivers in New York State. Now S13 and S14, that make it a felony for anyone who sells, transfers or exchanges incomplete receivers. Is it any wonder that since Andrew Cuomo became Governor 1.5 million people have left the state?
Ohio: HB89, the Duty to Notify bill, has been introduced and is before the House State and Government Committee. According to its sponsor, Scott Wiggam, the current law is unclear and the penalties for failure to notify law enforcement that a person is carrying a gun are excessive. This bill passed the House in 2020, but was not considered in the Senate.
Oklahoma: A large number of pro-gun bills are awaiting consideration by legislative committees, the deadline for passage through the originating house committee is Feb. 25.
Oregon: SB534, allowing local governments to pass “gun free” legislation, and SB554, creating more gun free zones, were before the Senate Judiciary Committee for a hearing on Feb. 22. Although the hearing was virtual, it was very well attended. SB534 also doubles Right-to-Carry fees.
Pennsylvania: Introduced and sent toHouse Judiciary Committee. HB361, a bill to undo the firearms pre-emption statute, HB364, destroying confiscated firearms; and HB393, state firearms dealer licensing.
Rhode Island: SB73, a bill to prohibit Right-to-Carry permittees from carrying at a school. The bill is sponsored by Senate President Dominick Ruggerio so it should be taken very seriously.
South Carolina: HB3094, allowing the open carry of handguns passed General Laws Subcommittee of the House Judiciary Committee and is scheduled for a full Judiciary Committee hearing on Feb. 23.
South Dakota: The Senate passed SB100 and SB111. SB100 prohibits the elimination of Second Amendment rights during a State of Emergency and SB111reduces fees for some Right-to-Carry permits on Feb. 16.
Texas: HB2249/SB18, specifying that firearms businesses are essential businesses during a declared disaster or state of emergency have been introduced and Lt. Gov. Dan Patrick, who is the de facto leader of the State Senate has made this bill a priority. While in the House Speaker Dade Phelan has also prioritized the bill.
Utah: HB60, constitutional carry, was signed by Governor Spencer Cox. HB76, establishing the state government as the ultimate authority over gun laws in the state passed in the House;
Vermont: A liberal Democrat Phil Baruth, who biannually introduces anti-gun bills and is Vice-Chair of the Senate Judiciary Committee, has introduced 2 new bills this year. They are S4, a 48-hour waiting period for firearms transfers and S30, “banning firearms possession at certain places-childcare facilities, hospitals and certain public buildings.”
Virginia: AlthoughtheFirearms Subcommittee of the House Public Safety Committee defeated HB2310, allowing those who completed online instruction prior to the Jan. 1 ban to be able to apple for a Right-to-Carry permit through April 30, 2021, it was passed by by the Senate Judiciary Committee 15-0. HB1773, constitutional carry, and HB1793, exempting Right-to-Carry permittees to be exempt from gun restrictive ordinances were left in the Public Safety Committee where they will die. The House of Delegates passed HB1992, loss of Second Amendment rights for assault and battery a class 1 misdemeanor, HB2128, firearms transfer will have a 5-day waiting period, HB2276, prohibits the manufacture of firearms for personal use, and HB2295, bans firearms from Capitol Square and adjacent parking structures. HB2081, banning firearms at polling places, has passed the House Committee on Privileges and Elections.
Washington: HB1283, making open carry a felony offense, has been amended to create a felony only under certain vague events, it is still unacceptable and was passed by the House Committee on Civil rights and Judiciary. The Senate Law and Justice Committee passed a substitute for SB5078, legislation that originally banned so-called “high capacity” magazines holding more than 10 rounds but a substitute. The substitute changed the magazine limit to 17 rounds. SB5038, making open carry a crime for anyone attending a “demonstration”, was also passes at that meeting, and both are now before the Senate Rules Committee.
Wyoming: The legislature will reconvene March 1. SF67, was filed on January 19 that would allow citizens to carry guns into government meetings and schools, colleges and universities.
Judicial
We will be adding or following again those cases that have new challenges or decisions.. New cases are added as they develop and some of these cases will be removed from this report if there is inactivity for a period of time. We will try and follow those cases that are active and impact the most gun owners.
Duncan v. Becerra: The Ninth Circuit Court has agreed to hold an en banc hearing on the 2020 ruling that banning magazines of more than 10 rounds was unconstitutional. The virtual en bans hearing will take place during the week of March 22.
Abott v. Conners: This case is another 10-round magazine ban case. The Court has stayed activity on this case pending the Duncan v. Becerra case outcome of the en banc hearing.
State v. Misch: The Vermont State Supreme Court upheld magazine bans by ruling that regulating magazine capacity was “a reasonable regulation of the right to keep and bear arms for self-defense.”
Stafford v. Baker: A lawsuit was filed when Wake County North Carolina Sheriff Gerald M. Baker put a halt to receiving and processing applications for Right-to-Carry permits and pistol purchases at the beginning of the pandemic in March 2020. The Sheriff tried to have the case dismissed. Judge Louise Flannagan of the Eastern District of NC ordered that ““plaintiffs’ claims for nominal damages under 42 U.S.C. § 1983 … and associated claims for declaratory relief and attorney’s fees” may proceed.
Caniglia v. Strom: This case is set for arguments on March 24, 2021. A 4th Amendment case before the US Supreme Court (SCOTUS) that deals with the issue of firearms being seized by the police without a warrant. This case results from a domestic dispute where the wife called the police on her husband because he put a gun on the table and told her “shoot me now and get it over with.” After the husband was taken to the hospital the wife allowed the police to search the house for other gun without a warrant. The lower courts usually rule in favor of the police, but this case might be different.
T. Dozier, The League Of Women Voters of Florida, Inc., et al., v. Duval County (FL) School Board: After the legislature passed a school safety bill in 2018 that included armed “guardians” to be on school campuses, several students and the League of Women Voters of Florida challenged the new law in Duval County. Their argument was that current Florida law does not allow non-police to have guns on campus. The Duval County Circuit Court ruled against the plaintiffs, who then took it to the appeals court. A three judge panel wrote an 11-page opinion that stated “a ‘fair reading’ of all the relevant statutes in tandem evinces a legislative purpose in favor of allowing school guardians to have firearms on campus.”
Maryland Shall Issue, Inc. v. Hogan: The plaintiffs have asked US District court for the District of Maryland to declare the handgun qualification license law unconstitutional. Even the expert witness for the state of Maryland said that the purpose of this law was to “intimidate” citizens from exercising their rights.
Bennett, et al v. Davis, et al: This case was filed in November 2020 by individuals, the Firearms Policy Coalition, the Second Amendment Foundation and the New Jersey Second Amendment Society against local and state police officials challenging the State of New Jersey’s regulatory scheme that does not allow residents to “exercise their constitutional right to bear arms—both inside and outside of their homes.” This case was filed in the US District Court District of New Jersey.
