By Tanya Metaksa|Legislative Correspondent
What’s New—Biden-Harris Administration: BATFE’s proposed new rule on “Frames & Receivers” now awaiting public comment: Alabama: Gov. Kay Ivey signed SB308; Illinois HB1091, ban private transfer and increase FOID fees, passes the House; Michigan: bills to reduce Right-to-Carry fees pass the House; Nebraska: LB236, signed by Gov. Ricketts; Nevada: Three bills have passed the legislature AB42, AB286, and SB6; SB452, an emergency bill, passed the Senate;New Hampshire: Senate passes HB334: Ohio: hearing for SB185; Pennsylvania: Pro-gun rally in Harrisburg June 7th at 10:00 am; Texas: HB1927, SB19 and SB30 are awaiting consideration by Gov. Abbott. Judicial: Meyer v. Raoul: challenging Illinois concealed carry ban on adults 18-21 years of age.
Biden-Harris Administration
Biden-Harris Administration: Comments On May 21stthe BATFE published a new proposed rule in the Federal Register entitled Definition of ‘Frame or Receiver’ and Identification of Firearms. Comments will be accepted until August 19, 2021. Every gun owner is encouraged to submit comments: Through the Federal eRulemaking Portal on the internet: www.regulations.gov. By fax: 202-648-9741. By U.S Postal mail:
Andrew Lange, Office of Regulatory Affairs
Enforcement Programs and Service
Bureau of Alcohol, Tobacco, Firearms and Explosives
99 New York Ave., NE Mail Stop 6N-518
Washington, DC 20226
ATTN: AFT 2021R-05
Contact info for questions is: 202-648-7070
If you click on this link regulation.gov it will take you to the appropriate page. There you can read what others have written and submit your own comments.
Currently a firearm is comprised of many components. The component that legally classifies this conglomeration of component parts as a “firearm” is the component known as the receiver. Licensed manufacturers and importers must mark the receiver with a serial number, manufacturer or importer name, model and caliber. The point of this proposal is to enable BATFE to have the authority to call almost any component of a gun a “firearm”, thus making the manufacturing of guns a process dependent on pre-approval from BATFE. It is being sold by the anti-gun cabal as eliminating “ghost guns.” We will follow this ongoing saga and let everyone know how to respond during the comment period, which runs for 90 days from publication in the Federal Registry.
Bureau of Alcohol, Tobacco, Firearms and Explosives
David Chipman was scrutinized by several Republican Senators during his appearance before the Senate Judiciary Committee. Two articles by Dave Workman Here and Here. Stephen Gutowski also covered the hearing on his website, The Reload. Most of the mainstream media covered Chipman in a positive manner. The vote on David Chipman to become Director of the BATFE will be close, your Senators must hear from you.
Politics
Pennsylvania-Kevin Brobson, who was endorsed by the NRA, Firearms Owners Against Crime, and Gun Owners of America secured the Republican nomination for an open seat on the state Supreme Court with 52% of the vote in a 3-way race.
Missouri-the race for U.S. Senate 2022: Mark McCloskey, the man who defended himself and his wife with firearms during a BLM protest in his private neighborhood, has announced that he will be a candidate for the Republican nomination for the open U.S. Senate seat. This article sums it up.
2021 Gun Bills in the U.S. Congress
The House of Representatives passed gun control legislation using two bills: HR8, a “universal background check” bill and HR1446, a bill that would allow the FBI “NICS” check to be delayed indefinitely without “proof” that the buyer is not eligible to purchase. The votes were 227-203 for HR8 and 219-210 for HR1446.
A few of the other anti-gun proposals:
H.R. 1207, Stop the Online Ammunition Sales Act of 2021, is a licensing scheme requiring all ammo sales to be in person. It also mandates anyone selling ammunition have a new federal license and keep a list of all buyers while reporting all sales of 1,000 rounds or more.
S.736 is Senator Dianne Feinstein’s new “assault weapons” ban. Its title is “A bill to regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes.” Text still not available yet.
Pro-gun:
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.
2021 State Legislation
All state legislatures were/are in session in 2021. Twenty-four legislatures have adjourned: Alabama, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming.
Alabama: The Alabama legislature has adjourned. SB308, the lifetime carry permit bill, has now passed the legislature. It has the fee at $300 and was signed by Gov. Kay Ivey.
Alaska: SB136, a bill to protect Second Amendment businesses during a state of emergency, passed the Senate Community and Regional Affairs Committee. HB11, allowing for defensive display of a firearms, was heard by the House Community and Regional Affairs Committee. HB179, a bill protecting Alaskans from infringement on their Second Amendment rights during a state of emergency, has been introduced.
Arizona: Gov. Doug Doucy signed SB1382, preventing frivolous lawsuits against the firearms industry, on May 7, 2021. Afterthe House passedHB2840, allowing storing of loaded firearms on school grounds in locked vehicle, and HB2551, allowing Right-to-Carry permittees to carry weapons at certain establishments and events, The Senate Judiciary Committee passed the bills.
Arkansas: SB298, declaring federal laws that”restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of Arkansas” as null and void, has passed the legislature. SB573, stopping municipalities creating gun free zones was passed by the House, it will be sent back to the Senate for concurrence. SB24, eliminating the duty fo retreat, was signed by Governor Asa Hutchinson.
California: On May 3 the Senate Appropriations Committee will be considering SB264, banning gun show on state-owned property,andSB715, requires the hunting license of an adult under 21 to be currently valid as a purchase identification. During the week of April 19, 2021 the following bills were passed by committees: SB715 passed the Senate Public Safety Committee; and AB1237, mandates that the California DOJ supply personal information in regards to firearms to state agencies and non-profits, passed the Assembly Privacy and Consumer Protection Committee. The Assembly Appropriations Committee is holding a hearing on AB311 that bans the display or sale of precursor firearm parts at gun shows on state property. AB1223, adding a $25 tax to each firearm sold, and AB311, prohibiting the display or sale of precursor parts, passed the Assembly Public Safety Committee. AB1237, requiring the CA DOJ to give information concerning firearms sales to the UC Gun Violence Research Center, is before the Assembly Public Safety Committee.
Colorado: The House State, Veterans, and Military Affairs Committee amended SB256, repealing Colorado preemption law, and passed it on May 11, 2021. Final Senate votes are occurring on HB1298, allowing an indefinite delay of firearms transfer, and HB1299, sets up an Office of Gun Violence Prevention paid for by tax dollars. The mandatory firearms safe storage bill, HB1106, was signed by Gov. Jared Polis.
Connecticut: HB6255, an expansion of the people who can petition for an ex party order to seize an individual’s firearms, passed the House.
Delaware: Two bills, SB3 (a handgun licensing bill) and SB6 (prohibits the ownership of magazines with a capacity of more than 17 rounds and requires all gun owners to sell their large capacity magazines to the state) have been sent by the House Judiciary Committee to the entire House for a vote. The Delaware Senate pushed through two anti-gun bills on the last day of March. Senate Substitute 1 for SB3 creates a new requirement for purchasing a handgun–pass a training course and get a purchase permit good for 180 days. Check out the analysis of the bills.
Florida: The Florida legislature has adjourned. SB1884, fixing a problem when local governments pass ordinances that violate the Florida state preemption statute and then when sued they withdraw the ordinance thus avoiding paying any damages and court costs, passed Senate. It now goes to Gov. Ron DeSantis who is expected to sign it. HB259, the House version of restoring private property right to religious institutions, passed the House and then the Senate on April 27, 2021.
Hawaii: The Senate passed HB1366, banning the manufacture or possession of firearms or parts for “ghost” guns, and HB31, a mandatory safe storage bill. These bills now go to Gov. David Ige. The Senate passed SB307, banning firearms that fire fifty caliber or higher, and SB301, banning so-called “assault rifles” and “assault shotguns”.
Idaho: HB286, shooting range funding bill, passed the Senate and now goes to Gov. Little.
Illinois: Although HB1091, had been referred back to committee, it was referred to the House and passed on a 69-43 vote. HB1091 was amended to include the provisions of HB1092, making getting an FOID card more difficult and costlier. HB4055, a bill to ban home-built firearms, has been introduced. This bill specifically bans making firearms by 3D printing.
Iowa: The Iowa legislature has adjourned. Governor Kim Reynolds lost no time in signing HB756, a constitutional carry bill, and HF621, protecting the firearms industry from frivolous lawsuits.
Kansas: The legislature has recessed until next year and bills will carry over. I reported that Gov. Kelly had vetoed SB40, that included protection for businesses that engage in the firearms trade from being regulated during an “emergency.”That report was in error asGovernor Laura Kelly signed that bill. However, she vetoed HB2089, firearm safety education training, and HB2058, a pro-gun omnibus measure. On May 3 the legislature overrode the veto on HB2058 and it will go into effect on July 1, 2021.
Louisiana: The House Criminal Justice Committee passed SB118, constitutional carry, and it now will be voted by the full House. The House also passed HB124, Right-to-Carry clarification, and it is on its way to the Senate.
Maine: Most gun bills have been carried over to the next session of the legislature. However,LD805, banning guns at polling locations, has now resurfaced before the Maine Senate.
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.
Michigan: Two pro-gun bills have passed the House: HB4030 and HB4498, together these bills reduce fees for Right-to-Carry permits.
Minnesota: The Minnesota legislature has adjourned. However, a special Session is scheduled for June 14 and any bills may be reconsidered.
Missouri: The Missouri legislature has adjourned. HB85, blocks local police from enforcing federal gun laws, has been sent to Gov. Mike Parson.
Nebraska: The Nebraska legislature has adjourned. LB236 was signed by Gov. Pete Rickets. LB236, became an omnibus pro-gun bill when it was amended with the language from LB85, require Nebraska State Police to notify a CHP (Concealed Handgun Permit) holder concerning renewal; LB173, clarifying the law regarding carrying of firearms in a vehicle; and LB244, allows the renewal of a CHP 30 days after expiration.
Nevada: Both houses have passed AB286, banninghome built firearms, AB42, a bill that expands the list of 2nd Amendment prohibited person, and SB6,expanding red flag laws. All go to anti-gun Governor Sisolak. SB452, a gun-free zone expansion bill, is an emergency bill to include the gun free zone expansion that was amended from AB286, is awaiting action by the House.
New Hampshire: The Senate passed HB334, allowing a loaded firearm on an ATV, it now returns to the House for concurrence. HB307, strengthening pre-emption statutes, has not had a vote in the Senate yet.
New Jersey: 2021 is an election year in New Jersey, votes on the gun control proposals might wait until 2021. However, that didn’t stop Gov. Phil Murphy from announcing his new gun control package April 15. Among the many provisions that Murphy is proposing are smart guns, ban of 50 caliber firearms, ammunition registration, mandatory storage, mandatory firearms safety courses for everyone, making 21 years of age the minimum for firearms ownership and some variety of micro stamping of all ammunition cases. S568, a bill to require law enforcement officials to be notified if a citizen applies to the court for expungement of mental health records, was heard by the Senate Law & Public Safety Committee.
New York: S1048A, a bill to bypass the federal 2005 Protection of Lawful Commerce, was approved by the Senate Consumer Protection Committee. S4116, requiring semi-automatic handguns to include microstamping technology, and S5026, requiring police to seize firearms when responding to a domestic disturbance call, passed the Senate Codes Committee. All three bills are now on the Senate calendar and could be voted on during the week of May 24. A May 3rd hearing included: S1192A, requiring any gun owner to get a “firearms safety certificate”; and S5000A, dealing with criminal possession and disposal of crime guns. Have you heard of A581? Probably not yet, but it may be the harbinger of gun legislation in the coming months. A581 makes it mandatory for any gun owner that has or wants a Right-to-Carry permit to have purchased liability insurance coverage first. 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 make it a felony for anyone to sell, transfer or exchange incomplete receivers.
North Carolina: Two bills, SB687 and HB398, torepeal the pistol purchase permit requirement, have been introduced.The House passed HB398 on May 4. House passed HB134, the companion bill to SB43,on a 72-44 vote. The Senate passed SB43, allowing citizens with Right-to-Carry permits to carry in a place of worship. Last year Gov. Cooper vetoed a bill similar to SB43 but the veto override failed. This year the vote totals may be enough to override any veto.
Ohio: SB185, prohibiting any state agency during a declared state of emergency from restricting the lawful use or firearms or their confiscation, is schedule before the Senate Veterans and Public Safety Committee on June 1. HB297, the FIND (Firearm Industry Non-Discrimination) Act, has been introduced. NSSF, the National Shooting Sports Foundation, has been supporting these bills that “protect firearm and ammunition businesses from being canceled by ‘woke’ activists who would unfairly and unlawfully discriminate against an entire industry simply because they disagree with Americans exercising their constitutional rights.” HB89, the Duty to Notify bill, was passed by the House State and Government Committee 9-5. 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: The Oklahoma legislature has adjourned. Four bills have been signed into law: HB1630/SB106, modifying requirements for purchase and carry permits; HB1662, self-defense clarification; HB2645, “cleaning up” language for Right-to-Carry; SB646, allowing Right-to-Carry in a bar if person is not drinking; and SB672, allowing transportation of a long gun in a motor vehicle; SB925, allowing for defensive display of firearm, and SB644, allowing municipal employees to carry while at work, and awaiting either a conference committee or concurrence between the Houses of the legislature.
Oregon: SB554, creating more gun free zones by giving authority to local government, universities and airports to decide, has passed the both houses of the legislature. It now goes to Gov. Brown. It includes provisions of HB2510, turning the bill into an omnibus gun control bill. HB2543, allowing indefinite delay in firearms transfers, is still viable.
Pennsylvania: House Judiciary Committee to consider HB659, constitutional carry legislation. Introduced and sent to House Judiciary Committee: HB361, a bill to undo the firearms pre-emption statute, HB364, destroying confiscated firearms; and HB393, state firearms dealer licensing.
Rhode Island: “Gun Bill Day” was held remotely on April 12, 2021 and all bills were “held for further study”, which means they can be voted on at any time before adjournment. 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 as well as SB406, mandatory storage bill, SB414, magazine ban for any magazines hold more than 10 rounds, and SB415, a so-called “assault weapons” ban.
Texas: The Texas legislature is scheduled to adjourn on May 31, 2021. SB19, discouraging banks and other financial service from discriminating against Second Amendment related businesses; and SB20, protecting hotel guests’ Second Amendment rights, have both passed the House and are on their way to Gov. Abbott. HB1927, a constitutional carry bill, has passed both Houses and awaits Gov. Abbot’s signature. HB1788, passes the Senate.HB918, lowers eligibility age for Right-to-Carry permit to 18, has passed the Senate. The following billswere passed by the House of Representatives: HB1927, constitutional carry; HB1500, establishing that Second Amendment related business are essential businesses; HB1856, protecting hotel guests’ Second Amendment rights; ; and HB1407, allowing a Right-to-Carry permittee to have a handgun in his/her vehicle that is visible in a holster but not on the permittees person. The Senate passed: SB18, establishing that Second Amendment related business are essential businesses; SB550, eliminating the requirement for a specific type of holster when openly carrying a handgun; SB1253, preserves the ability for Texas of obtain a Right-to-Carry permit for purposes of reciprocity. All these bills will now be considered by the “other” house.
Washington: The Washington legislature has adjourned. SB5038, making open carry a crime for anyone attending a “demonstration,” has been signed into law by Gov. Jay Inslee.
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.
Meyer v. Raoul: The Second Amendment Foundation (SAF), the Illinois State Rifle Association, Firearms Policy Coalition, Inc. and three citizens ages 18-21 years of age are challenging the Illinois ban on allowing concealed carry for anyone not 21 years of age. In filing the lawsuit Alan M. Gottlieb, SAF founder notes, “Citizens in this age group enjoy nearly all of the rights guaranteed by the Constitution except when it comes to the Second Amendment. This cannot be allowed to stand.”
Board of Regents v. State of Montana: The Board of Regents of Higher Education in the State of Montana has filed a lawsuit to top the implementation of HB102 passed by the legislature in 2021. HB102 allows firearms on college campuses.
Baughcum, et al v. Jackson, et al: this case concerns “adults who have reached the age of 18 but are not yet 21–from fully exercising the right to keep and bear arms.”
State v. Mark/Patricia McCloskey: The trial date is scheduled for trial on Nov. 1. On May 25 special prosecutor Richard Callahan, who was appointed in February, announced that the charges against Patricia McCloskey had been adjusted: evidence tampering charge was dismissed by a misdemeanor harassment charge was added. This is the very visible case when the McCloskey’s stood out on their property with firearms defending themselves and their property. Kim Gardner, the St. Louis circuit attorney, charged them with felonies. She was removed from the case, and then the case was given to Callahan and scheduled for Nov. 1. Background can be found in these three reports: July, Aug. 4 and Aug. 24 at thegunmag.com.
New York State Rifle & Pistol Assn v. Corlett: On April 26, 2021 the US Supreme Court voted to grant certiorari to this case that deals with carrying of firearms outside the home. According to the Supreme Court orders: “The petition for a writ of certiorari is granted limited to the following question: Whether the State’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.” As a split exists in the Circuit Court decisions regarding this premise, SCOTUS is going try and resolve the issue. It has taken more than a decade to get the Supreme Court to take up another Second Amendment case after the Second Amendment victories in Heller and McDonald.
Forrester v. School Board of Sumter County: The Florida Fifth District Court of Appeals ruled that Sumter County “enforced a legally deficient policy” and that Forester has standing to challenge the school board policy.
Bianchi v. Frosh: This is a case against Maryland’s “assault weapons” ban law brought by the Second Amendment Foundation, Citizens Committee for the Right to Keep and Bear Arms and the Firearms Policy Coalition initiated on April 19, 2021.
Caniglia v. Strom: This case was argued before SCOTUSon March 24. A decision was made on May 17 in favor of the plaintiff, Edward Caniglia. You can find further information on this website.
