By Tanya Metaksa
What’s New—State Legislation: Several state legislatures are suspending or postponing their legislative sessions the list is available in State Legislation;
South Dakota—Gov. Kristi Noem signed HB1296, HB98, and HB1094;
Ohio-HB197 including a 90 day extension of Right-to-Carry Permits is on its way to Gov. DeWine;
West Virginia-Gov. Jim Justice signed SB96, expanding preemption laws.
The Second Amendment meets COVID-19
President Trump’s Department of Homeland Security (DHS) has included the firearm and ammunition industry as essential critical services that should remain open during the COVID-19 pandemic.
On March 28, DHS announced their Advisory Memorandum of Essential Critical Infrastructure Workers. That listed the firearms industry–retailers, distributors, manufacturing and ranges—as essential services. This single act has kept the firearms industry open and running as many states have referenced the federal guidelines in their documents regarding “essential services”.
Summary of what we know as of 9 am on April 6:
Any state not listed has either some form of “Stay-at-Home” executive order in place and lists “firearms stores” as essential services, references the federal DHS memorandum listed above or does not have any such order in place. Many of the states that have listed firearm and ammunition suppliers as being essential have not included ranges in that definition. Additionally, most retail establishments are limiting the number of person within their stores at one time. The states listed below are as accurate as can be determined at this time.
California: Gun stores/ranges have not been determined by Gov. Gavin Newsom to be “essential service” and thus are to be closed with the known exception of Culver City, Los Angeles County, and Shasta County. There is a lawsuit against Gov. Newsom that also includes the City of Los Angeles and the City of Burbank. Additionally, another lawsuit has been filed against jurisdictions in Northern California.
The following states have officially not listed firearms dealers as essential services or do not have state law that considers gun stores exempt from emergency closures: Massachusetts, New York, Oregon, and Washington.
Ballot initiatives-2020
Oregon: Afterthe National Rifle Association (NRA) challenged Initiative Petition 40, requiring all firearms to be locked with a trigger locking device when not carried, a new ballot title has been written, it reads:
“Requires locking firearm/using locked storage (exceptions), reporting loss, supervising minors’ use. Penalties/strict liability.”
Proponents have until July 2 to gather 112,020 signatures to put IP40 on the November 2020 ballot. Given the coronavirus closures, several media outlets have prognosticated that it is highly unlikely that the signature gathering process will be successful.
Initiative Petition 18 (IP18) has been filed. Petitioners gathered the necessary signatures to start the process for gathering signatures to put this measure on the 2020 ballot. IP18 is a proposal that would require all firearms to be locked unless being carried and stolen or lost firearms must be reported within 24 hours. The NRA has now filed a legal challenge to the ballot measures sponsored by an interfaith lobby group, Lift Every Voice Oregon.They have proposed three initiative petitions for the upcoming legislative session: IP60: limit the sale of semiautomatic “assault-style” weapons, add 5-day waiting period, raise minimum age to purchase and ban magazines holding more than 10 rounds. The other two proposals are just parts of IP60.
Federal
Bureau of Alcohol, Tobacco, Firearms and Explosive (BATF): BATF is proposing a change to Form 4473 to include a box for “non-binary persons” to check, and a question for persons in the military.
2019-2020 Gun Control bills in the U.S. Congress
H.R. 5717-the most far reaching gun control proposal has been introduced by Rep. Hank Johnson (D-GA). It is basically the wish-list of all the gun controllers in the world without completely banning firearms. A federal gun license with background checks and a 7-day waiting period, banning every semi-automatic, banning every magazine with over 10-round capacity; red flag laws; 30% additional tax on firearms and 50% tax on ammunition, draconian safe storage requirements, suppressor bans, one-gun-a-month restrictions, and more gun-free zones.
State Legislation
All state legislatures with the exception of Montana, Nevada, North Dakota, and Texas are or have been in session this year. Florida, Idaho, Indiana, Maine, Maryland, New Mexico, Oregon, Virginia, Washington, West Virginia and Wyoming have adjourned.
States that have postponed their legislative sessions: Alabama, Arizona, California, Colorado, Connecticut, DC, Delaware, Georgia, Hawaii, Illinois, Iowa, Kansas, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, Rhode Island, South Carolina, Tennessee, Vermont, Wisconsin
Alabama:
The Speaker of the House Mac McCutcheon wrote to the Alabama Sheriffs Association (ASA) that he was in support of HB39, a lifetime Right-to-Carry Permit bill. The ASA has been actively lobbying against this bill.The Senate Committee for the Judiciary passed SB47 6-3, creating a statewide uniform system of lifetime Right-to-Carry Permits at a cost of $200. If an applicant is over 65, the fee is $150.
Alaska:
The General Assembly is in recess until further notice.
Arizona:
The General Assembly has postponed its legislative session until further notice. Four anti-gun bills have been introduced in the Senate: SB1624, making all private firearms transfers without a background check illegal; SB1625, banning the sale, possession and transfer of commonly owned semi-automatic rifles; SB1626, allowing family or law enforcement to petition a court to seize a person’s gun without due process; and SB1627, safe storage legislation mandating gun locks or firearms inoperability.
California:
The General Assembly has suspended its legislative session until further notice. The Senate passed SB21, a hold-over bill banning gun shows in the Cow Palace in San Francisco, on a 27-11 vote. AB18, a $25 excise tax on the purchase of a new firearms, plus a tax on ammunition dealers, has been referred back to the Appropriations Committee from the suspense file. AB503, allowing citizens with a Right-to-Carry Permit to carry to, from and in a place of worship failed on a strict party line vote. Dems voted NO and Republicans voted AYE.
Colorado:
The General Assembly has postponed it legislative session until further notice. House Judiciary Committee considered HB1271, repealing “red flag” legislation, and then postponed it indefinitely, thus killing it.
Connecticut:
The General Assembly has suspended its legislative session until further notice. HB5040, adding an additional 35% tax on the sale of ammunition, had a hearing, but no action has been taken.
Delaware:
The General Assembly has postponed its legislative session until further notice.
Georgia:
The General Assembly has suspended its legislative session until further notice. HB787, a Right-to-Carry Permit reciprocity bill, passed House Public Safety and Homeland Security Committee and is awaiting floor action.
Hawaii:
The General Assembly has suspended its legislative session until further notice. This state has already more gun control laws on the books, but even more are being proposed: Hawaii currently requires a purchase permit for every handgun. After the House passed HB1902, limiting magazine capacity to 10 rounds; HB2736, restricting ammunition sales and licensing ammunition sellers; and HB2744, creating a commission to research gun violence, the Senate Committee on Public Safety, Intergovernmental and Military Affairs passed HB1902 and HB2744, but deferred HB2736. The Senate passed SB2519 SD1, a greater than 10-round magazine ban, and SB2635, restricting ammunition purchases.
Illinois:
The General Assembly has postponed its legislative session until further notice. The following bills are still viable in 2020: SB1966, adding many more restrictive provisions to the FOID cards and giving bureaucracy almost unlimited powers, passed the House 62-52 but with amendments. It will be heard in the Senate Judiciary Committee to review the House passed amendments.Other bills under consideration: SB337 will create an electronic firearms transfer form that will lead to an electronic firearms registry. HB1467, to require the registration of all ammunition sales; SB107, a comprehensive ban on firearms and accessories; HB174, set requirement for reporting of firearms loss or theft; HB888, require FOID applicants to list social media accounts; revoke FOID cards if guns are reported lost in 3 incidents in 2 years; and HB892, ban firearms that include modern materials. SB44, a bill with just a title, by Sen. Michael Hastings, has just had an amendment (Senate Amendment 1 to SB44) added to have State Police designate “gun liaison officers” that would have the authority to seize Firearm Owner Identification Cards (FOID) and then seize all ammunition and firearms.
Indiana:
Normally a Second Amendment friendly legislature but SB16, which would prohibit juveniles who used a gun in a crime and were punished to be denied their Second Amendment rights until they reached the age of 26 or 28, has been introduced.
Iowa:
The General Assembly has suspended its legislative session until further notice. House Study Bill (HSB)615, protecting shooting ranges from onerous zoning restrictions and expanding Iowa’s preemption law to firearms parts and other weapons, is now HF2502, and was passed by the House on Feb. 27. It has also passed the Senate Judiciary Committee on March 9. The Senate Judiciary Committee passed SF116, allowing Right-to-Carry Permittees to keep a handgun in their car while picking up and dropping off students at a school. “Red flag” firearm seizure legislation, HF2367, has been introduced. The Des Moines Register ran an editorial against the bill on Feb. 14.
Kansas:
The General Assembly has postponed its legislative session until April 27. Before recessing the legislature passed House Committee Resolution 5025, preventing Gov. Laura Kelly from using emergency powers to seize ammunition or limit the sale of firearms due to the Covid-19 pandemic.
Kentucky:
SB8, a bill that required Kentucky schools to have at least one armed police officer, passed both Houses of the legislature by large majorities and was immediately signed by Gov. Andy Beshear. The law becomes effective immediately.
Massachusetts:
The Joint Committee on Public Safety and Homeland Security’s action deadline of Feb.5 to act on any of the bills on its agenda has been rescheduled to May 5, 2020.
Michigan:
The General Assembly has postponed its legislative session until further notice. Governor Gretchen Whitmer, who gave the Democrat response to President Trump’s State of the Union address, has appointed an anti-gun former Mayor, George Heartwell, to chair the Natural Resources Commission. Heartwell was a member of Michael Bloomberg’s anti-gun groups. HB4434, reducing the penalty for those that forgot to renew their Right-to-Carry Permits to a civil fine rather than a felony, passed the House 90-19 and can be considered in 2020.
Minnesota:
The General Assembly has postponed its legislative session until further notice. Two carry-over bills HF8, banning sales between individuals, and HF9, “red flag” firearm seizure legislation, have passed the House and and are assigned to the Senate Judiciary Committee. The following bills are still before the Senate Judiciary and Public Safety Committee: SF434, prohibiting private transfers of firearms, SF436, “red flag” legislation; SF72, self-defense legislation, and SF748, constitutional carry.
Mississippi:
The General Assembly has suspended its legislative session until further notice. The House passed HB1215, improving the state firearms preemption law.
Missouri:
The General Assembly has postponed its legislative session until further notice. On Feb 24 the Senate Committee on Agriculture, Food Production and Outdoor Resources held a hearing on Senate Joint Resolution 62, a constitutional amendment to affirm the public’s right to hunt, fish and harvest wildlife. The Senate Transportation, Infrastructure and Public Safety Committee has two firearms bills awaiting hearings: SB543, “red flag” firearm seizure legislation, and SB700, repeals “gun free zones” on public transportation.
Nebraska:
The General Assembly has suspended its legislative session until further notice. LB58, a “red flag” firearm seizure legislation, and LB816, a waiting period bill, have not been passed by the Judiciary Committee before the deadline for passage.
New Hampshire:
The General Assembly has suspended its legislative session until at least April 10. During the week of March 9 the House passed the following anti-gun bills: HB1143, repealing firearms manufacturing limited liability is in the House Judiciary Committee; HB1285, a restrictive firearms prohibition for guns on school grounds; HB1374, repealing a law that prohibited destroying voluntarily surrendered firearms; and HB1349, establishing a state mandated committee to study children and firearms accidents. The House also rejected HB1350, any firearm transfer has to include a gun safety device (such as a gun lock or safe), and HB1115, prohibiting the discharge of a firearm within 900 feet of a nonresidential building. The Senate defeated 24-0, SB469, repealing New Hampshire’s current shooting range protection law.On Feb 20 the House voted to pass HB1379-FN, banning private sale of firearms, and HB1101-FN, adding a 3-day waiting period to purchase of firearms. A carry-over bill, HB687, allowing firearms seizure without due process was approved in the House 201-176 with 20 Democrats voting NO. It now goes to the Senate.
New Jersey:
When the Senate Law and Public Safety Committee held a hearing Feb. 24 on S120, increasing the penalty for negligent gun storage, and S746, denying persons who have been convicted of “animal cruelty” from possessing a firearm, there was not a quorum and those bills were not enacted. However, they are still viable.
New York:
The General Assembly has postponed its legislative session until further notice. A.703, banning hunting with lead ammunition on public lands, passed the Assembly Codes Committee.
North Carolina:
The General Assembly has postponed its legislative session until further notice.
Ohio:
HB197, a bill that includes an amendment to address Right-to-Carry Permit expirations extending the expiration date of for 90 days, has passed both Houses and is on its way to Gov. DeWine.
Ohio Attorney General David Yost has stated that he is developing a database for the listing of stolen guns. Two bills, SB223, banning bump stocks and high capacity magazines, and SB203, regulating firearms transfer at gun shows, were brought up before the Senate Government Oversight and Reform Committee but no votes were taken. HB178, a constitutional carry bill, was approved in the House Federalism Committee on June 26. It has been re-referred to the Criminal Justice and Rules and Reference Committees on June 28 and June 30. In the past year 69,375 new carry licenses and almost 100,000 renewals were issued.
Oklahoma:
The General Assembly has postponed its legislative session until further notice. SB959, a bill that allows anyone authorized to use medical marijuana to have a Right-to-Carry Permit, passed the Senate on Feb. 25.
Pennsylvania:
HB2344, instituting a permit to purchase ammunition, has been referred to the House Judiciary Committee, to be added to four anti-gun bills awaiting action: HB2076, a person’s driver’s license may be revoked if that person’s license to carry a firearm expires or is revoked; HB2077, a mandatory safe storage of firearms bill with penalties; HB2078, waiting period prior to possession of a “semi-automatic assault rifle”; and HB2216, banning the sale of toy guns that are not vibrant colors.
Rhode Island:
The General Assembly has postponed its legislative session until further notice. The March 11, 2020 theHouse Judiciary Committee hearing on over a dozen gun bills, was postponed due to the coronavirus. There are still gun bills waiting from the January hearings in the following committees: Senate Judiciary Committee heard testimony on S.2004A, banning 3D printed guns. The House Judiciary Committee heard testimony on three bills: H7101, dealing with personal information being stored by the government; H7102A, a companion to S.2004A, and H7103, requiring firearms sellers to notify police concerning any firearms sale.
South Carolina:
The General Assembly has postponed its legislative session until further notice.
South Dakota:
Gov. Kristi Noem signed three pro-gun bills into law on March 31, 2020: HB1296, ensuring that South Dakotans will NOT be disarmed during natural disasters or pandemics; HB98, extends the time that an enhanced Right-to-Carry Permittee may carry a concealed firearm in the State Capitol to one year; and HB1094, allowing carrying a firearm on a motorcycle, snowmobile or off-road vehicle without a permit.
Tennessee:
The Tennessee legislature has adjourned as a result of the Covid19 pandemic.
Utah:
The Utah legislature has adjourned.
Vermont:
The General Assembly has postponed its legislative session until further notice. H610, “red flag” firearm seizure legislation, that also includes a block on proceeding with the “default proceed” for NICS checks, is still awaiting action in the House Judiciary Committee. Additionally, at least a half-dozen more anti-gun bills have been introduced.
Virginia:
The Virginia legislature has adjourned a day late. Although there was great jubilation when the so-called “assault weapons” ban failed in committee, the following restrictive, anti-gun bills were passed this session and are awaiting Gov. Ralph Northam’s signature: SB 14, banning possession of bump stocks, although binary triggers, trigger cranks, etc. are not affected; SB 64, turning a misdemeanor into a felony when a group of two or more individuals brandishes with the intent and purpose of intimidating others; SB 71, mandating daycare/preschool become gun-free zones, for daycare centers in religious or private preschools, the gun ban only applies during hours of operation; SB 173, allows CHP holders to have a stun-weapon in their vehicle while on K-12 school grounds; HB 264, eliminates online training but does not affect training from NRA instructors to get a CHP; HB 600, Licensed home day facilities require firearms to be stored unloaded and locked up during hours of operation and allows localities to make their requirements more strict; HB 888, eliminating sales tax for purchases of a gun safe under $1,500; HB 1004 – protective orders take away gun rights while in effect; HB2, criminalizing private transfers and adds fees; HB9, all firearms loss or theft to be reported within 24 hours; HB421, repeals preemption; HB674, allow seizure of firearms without hearing; HB812, a one-gun-a-month purchasing restriction; HB1080, restricting school boards from changing gun restrictions; and HB1083, restricting parental decision making regarding children and firearms.
Washington:
On March 12, the Washington legislature adjourned. Unfortunately the following bills are going to be considered by Gov. Inslee: HB2622, modifying the current firearm surrender provisions thus increasing the burden on the gun owner; HB2467, creating a centralized system for firearms transfer to be managed by the Washington State Patrol that will allow firearms transfers through FFL dealers instantaneously; SB5434, expanding “gun free zones” to include child care centers, where even Right-to-Carry Permittees cannot carry a gun, and SB6288, creating an Office of Firearm Violence Prevention.
West Virginia:
The West Virginia legislature has adjourned. Gov. Jim Justice has signed both HB4955, a Right-to-Carry Permit fee reduction bill has been passed unanimously by the House—the current $75 fee has been reduced to $25 and the fee for honorably discharged military veterans has been eliminated, and SB96, expanding the preemption law in West Virginia.
Wisconsin:
SB822, allowing persons with Right-to-Carry Permits to carry in churches, was before the Senate Committee on Insurance, Financial Service, Government Oversight and Courts on Feb. 20.
Judicial
Kashinsky v. Murphy:
On March 26 a motion for an injunction was filed in federal court in New Jersey as a result of the closure by Governor Philip D. Murphy and State Director of Emergency Management and Superintendent of the New Jersey State Police Patrick J. Callahan of “any and all means law-abiding private citizens to obtain firearms in New Jersey.” The complaint goes on to say that this is not a situation where all retail establishments have been closed as the State has permitted retail sellers of other products such as alcohol, marijuana and office supplies to remain in business. Gov. Murphy by executive order on March 21 listed those business that were deemed “essential” and firearms dealers were not included in the lengthy list of essential service. A comprehensive article on this case has been published in Reason.com by Eugene Volokh
Ross v. Melekas:
The Second Amendment Foundation, the Connecticut Citizens Defense League and two individual plaintiffs are suing the Connecticut enforcers of the magazine limitation on the basis of the Second and Fourteenth Amendments to the U.S. Constitution.
City of Philadelphia v. Rashad T. Armstrong:
In 2018 Larry Krasner, the newly elected Philadelphia District Attorney, decided to enforce a 2008 Philadelphia ordinance requiring 24-hour notice when a firearm was found to be missing. The first person to be charged with failure to report a lost or stolen firearm is Rashad Armstrong whose handgun was found in a traffic stop in 2018. On March 6, 2020 Armstrong’s attorney, Joshua Prince, argued that the Pennsylvania preemption statute prevents Philadelphia from enacting their own firearms ordinances.
Duncan v. Becerra:
Oral arguments are scheduled for April 2, 2020. Challenges Section 32310, which states that persons not only cannot use magazines holding 10 or more rounds, but cannot “keep property they lawfully acquired.” On Mar. 29, 2019 Judge Benitz invalidated the 10-round limitation on magazine capacity, by ruling “California Penal Code section 32310 is hereby declared to be unconstitutional in its entirety and shall be enjoined.” But on April 5, 2019 the restrictions against magazines that hold 10 or more rounds were back in place, and “For those persons who have manufactured, imported, sold or bought” such magazines between March 29, 2019 and 5:00 pm April 5, 2019 they may possess them.
Landmark Firearms LLC, et al v. Colonel Robert Evanchick:
See the background information under Pennsylvania legislation. On Dec. 20, 2019 Landmarks Firearms, US Rifle petitioned to stop the Commissioner f Pennsylvania State Police (Robert Evanchick) enjoined from implementing the new PA policy that states an unfinished receiver meets the definition of “firearm.” After a January 21, 2020 hearing on the application Commonwealth Court Judge Kevin Brobson found that the PA State police had violated the due process rights of Pennsylvania residents and businesses and issued an injunction is until the final disposition of the Petition for Review, including appeals has been reached.
Thomas, et.al. v. Illinois State Police:
The Second Amendment Foundation and Illinois State Rifle Association have sued the Illinois State Police in federal court over the agency’s sluggish handling of Firearm Owner Identification (FOID) card applications and renewals. For the story.
Jones, et al v. Becerra:
This lawsuit is challenging the “California Age-Based Gun Ban” that prohibited adults between the ages of 18 and 20 from acquiring any firearm. United States District Judge denied the applications from three anti-gun groups Everytown, Giffords Law Center and Brady from filing amicus briefs as their “partisanship is apparent.”
City of Kansas City, MO v. Jimenez Arms, Inc., et al:
Kansas City, MO is suing a number of firearms companies for supplying firearms to James Samuels, a former Kansas City Fire Department Captain who was charged and is being prosecuted for federal gun crimes. This suit is being supported by Everytown Law, part of Michael Bloomberg’s Everytown for Gun Safety.
