By Tanya Metaksa
What’s New– Biden-Harris Administration: Please comment on BATFE’s proposed two new rules on “Frames & Receivers” and on “Stabilizing Braces” now awaiting public comment. Over 111,000 comments received on stabilizing braces to date and over 81,000 received on frame or receiver: Vote on David Chipman: Senate Judiciary Committee splits 11-11; vote in full Senate highly probable; Connecticut: The Special Licensing and Firearms Unit of the State Police will close at 3 p.m. July 9 and stay closed until 8:30. a.m. July 13. Delaware: Legislature adjourns and no anti-gun bills were passed in the final days before adjournment; Florida: Gov. Ron DeSantis signed HB259 upon receiving the bill; New York: Several bills awaiting Gov. Cuomo’s consideration and all other bills held over to 2022; Pennsylvania: Governor Tom Wolf has granted an additional two-week extension for license to carry firearms permits; Rhode Island: The following bills were passed at the last moment before adjournment: HB5386/SB73 and HB5727/SB119. Judicial: Massachusetts v. Holmes: a state lawsuit alleging firearms surrendered under state law were improperly disposed of; Lara v. Evanchick: an appeal has been filed in this case in the US Court of Appeals for the Third Circuit.
Biden-Harris Administration
Bureau of Alcohol, Tobacco, Firearms and Explosives
BATFE Director nomination: On June 24 the Senate Judiciary Committee split 11-11 on confirming David Chipman to become Director of BATFE.On June 23, Senator Susan Collins announced that she would vote against David Chipman’s nomination to become Director of BATFE. The Sportsmen’s Alliance of Maine announced that “Collins characterized Chipman’s backgrounders as ‘unusually divisive’ and that he had ‘made statements that demean law-abiding gun owners'”.
Dave Workman’s article on the Senate Judiciary Committee vote and Stephen Gutowski also covered the hearing on Thereload.com
Since BATFE has published proposed regulations within weeks of each other, the method of making one’s voice heard is the same. Just be sure to include which regulation you are writing about: “Frame or Receiver” or “Stabilizing Braces.” 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
Comments on proposed regulations regarding “Stabilizing Braces”: Since comments were opened on these proposed regulations more than 111,000 comments (most of them being negative) have been received by June 24, 2021. According to the reload.com “Gun-control groups are not engaging in a similar comment campaign to support the proposed change.” On June 7 the BATFE published a new proposed rule entitled Factoring Criteria for Firearms with attached “Stabilizing Braces.”The proposal can be found here. Comment period ends on September 8, 2021 (65 days from today). Click on this link.
Texas Attorney General Ken Paxton lost no time in sending comments: Included in those comments were: “As the notice of proposed rulemaking admits, the estimated cost of complying with the proposed rule would be in the hundreds of millions of dollars. Yet this new regulatory regime does nothing to deter crime and only traps law-abiding gun owners in expensive red tape…My office will consider all available options to stop this action and any effort to restrict Second Amendment rights. “
Comments on proposed regulations regarding “Frame or Receiver”: 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 (45 days from today)
If you click on this link frames or receivers 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.”
Politics
2021 is an election year in the states of New Jersey and Virginia for the constitutional officers and the legislature.
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.
Oregon: Two “gun reform” petitions in Oregon has garnered the 2,000 signatures needed for a ballot title approval by the Attorney General. IP17 ban the sale of “large capacity” magazines and require permit and background check to purchase a firearm and IP18 bans the sale of “assault weapons.”
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. The following legislatures have adjourned: Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Idaho, Iowa, Kansas, Kentucky, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming. Vermont has not adjourned, but has recessed and will be returning in October.
Since over 50% of the legislatures have adjourned by June 30, 2021, the following states will carry over the 2021 legislation to 2022: California, Delaware, Georgia, Illinois, Iowa, Kansas, Massachusetts, Maine, Michigan, Minnesota, Nebraska, New Hampshire, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Vermont, Washington, Wisconsin and West Virginia (House only)
As of July 1 a tidbit on constitutional carry from @2Aupdates on twitter, “Iowa’s and Tennessee’s constitutional carry laws go into effect today. Nashville and Memphis are now the 2nd and 4th largest cities with constitutional carry, but they will be the 8th and 10th largest once Texas’ law goes into effect on 9/1.”
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: The Arizona legislature has adjourned. The House of Representatives issued a proclamation opposing the nomination of David Chipman to be BATFE Director.
Arkansas: The Arkansas legislature has adjourned.
California: Although a vote in the Assembly for AB1223, adding a $25 tax to each firearm sold, failed to attain the required 2/3 of votes, (tax bills need a 2/3 majority vote to pass) it will be reconsidered at a future date. The Senate has now approved SB264, banning gun show on state-owned property,SB715, requiring the hunting license of an adult under 21 to be currently valid as a purchase identification, and AB1237, mandating that the California DOJ supply personal information in regards to firearms to state agencies and non-profits.
Colorado: The Colorado legislature has adjourned and Gov. Jared Polis signed: SB256, repealing Colorado preemption law; HB1298, allowing an indefinite delay of firearms transfer; and HB1299, initiating an Office of Gun Violence Prevention paid for by tax dollars.
Connecticut: No firearms transfers: The Special Licensing and Firearms Unit of the State Police will close at 3 p.m. July 9 and stay closed until 8:30. a.m. July 13. The Connecticut legislature has adjourned but not before the legislature passed HB6355, expanding who can petition for an ex parte order to seize an individual’s firearms. Gun owners should request that Gov. Ned Lamont veto the bill.
Delaware: The Delaware legislature has adjourned. The only anti-gun bill that was passed by the legislature was HB125, banning home-built firearms passed the legislature. It is before Gov. John Carney for his consideration.
Florida: HB259, the Church carry bill, was signed by Gov. Ron DeSantis.
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”.
Illinois: Two anti-gun bills are working their way through the legislature: HB562, making FOID cards more restrictive and harder to obtain, and HB1092, expanding seizing firearms without due process.
Louisiana: Gov. John Bel Edwards vetoed SB118, constitutional carry, that passed the legislature. Now it is important for Louisiana gun owners to request that their representatives vote for a veto session and then vote to override Edwards’ veto.
Maine: A special session has been convened in Maine. Both Houses passedin concurrence LD884, prohibiting the Department of Public Safety from retaining data concerning firearms purchases.
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.
New Hampshire: The New Hampshire legislature has adjourned. After a conference committee met to consider HB334, allowing persons to carry loaded firearms on Off-Highway Recreation Vehicles, both Houses of the Legislature voted to accept the report. Now the bill goes to Gov. Sununu.SB141, fixing the handgun purchase process has passed the legislature and how goes to Gov. Sununu.
New Jersey: 2021 is an election year in New Jersey, votes on the gun control proposals will probably not occur until 2022.
New York: The legislature has adjourned, and here is the current standing of the anti-gun bills: On June 8 both the Senate and House passed: S13A and S14A, making it a felony for anyone to sell, transfer or exchange incomplete receivers; S1251, mandating quarterly reports on gun data; S2981, establishing a Center for Firearm Violence Research with taxpayer dollars; and S5000 dealing with criminal possession and disposal of crime guns. These bills are on their way to Governor Cuomo for his consideration. The following bills will be considered in the 2022 legislative session. The Senate has passed: Senate S.687, updates the definition of “toy gun”; S1048A, a bill to bypass the federal 2005 Protection of Lawful Commerce, and S1235, ten-day waiting period prior to firearm purchase. These bills will be considered by the Assembly next year. Still waiting for action in the Senate Rules Committee are: S4116, requiring semi-automatic handguns to include micro-stamping technology, S1192A, requiringany gun owner to get a “firearms safety certificate”,and S5026, requiring police to seize firearms when responding to a domestic disturbance call.
North Carolina: Gov. Cooperagain vetoed SB43, allowing citizens with Right-to-Carry permits to carry in a place of worship.
Ohio: SB185, prohibiting any state agency during a declared state of emergency from restricting the lawful use or firearms or their confiscation, was the subject of 2 hearings before the Senate Veterans and Public Safety Committee during the first week of June. 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.
Oregon: The Oregon legislature has adjourned. Gov Brown signed SB554, creating more gun free zones by giving authority to local government, universities and airports to decide the boundaries. It includes provisions of HB2510, turning the bill into an omnibus gun control bill.
Pennsylvania: On June 30, 2021 the Pennsylvania State Police announced that Gov. Tom Wolf has extended the original permit extension date for another two weeks. Licenses to carry firearms permit that were scheduled to expire on March 19, 2021 or later will now expire on July 15, 2021. Bills in the 2021 legislature carry over into the 2022 legislature. SB565, the Senate constitutional carry bill, has been sent to the full Senate by the Senate Judiciary Committee. The House Judiciary Committee to consider HB659, constitutional carry legislation. HB361, a bill to undo the firearms pre-emption statute, HB364, destroying confiscated firearms, and HB393, state firearms dealer licensing are still in House committees.
Rhode Island: The following bills were passed by the legislature on July 1, 2021: HB5386/SB73, was amended to prohibit straw purchases, and HB5727/SB119, requiring the RI Attorney General to compile a list of gun charges and their disposition.
Texas: The Texas legislature adjourned. The session has been the most successful for gun owners since 1995 when the first Texas concealed carry law was passed. Gov. Greg Abbott signed HB1927, constitutional carry, at the Alamo and the remainder of the pro-gun bills passed by the legislature:SB550, eliminating the requirement for a specific type of holster when openly carrying a handgun; 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; HB1500, establishing that Second Amendment related business are essential businesses; HB2657, expands raffles for non-profit organizations; HB2675, provides for expedited Right-to-Carry for at-risk individuals; and HB4346, allows carrying a firearm on a utility easement. Earlier in May and June Gov. Greg Abbott signed: SB19, discouraging banks and other financial service from discriminating against Second Amendment related businesses; SB20, protecting hotel guests’ Second Amendment rights: HB918, lowers eligibility age for Right-to-Carry permit to 18, and HB1387, allows foster parents to keep loaded firearms as long as they are accessible only to them.
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.
Lara v. Evanchick: The Firearms Policy Foundation (FPF) and the Second Amendment Foundation (SAF) have initiated a case challenging Pennsylvania law that denies young adults under 21 freedom to carry a loaded firearm for self-defense outside their home. On April 16, 2021 Judge William S. Stickman IV of the US District Court for the Western District of Pennsylvania ruled against the plaintiffs. On June 23, 2021 an appeal was lodged in the US Court of Appeals for the Third Circuit.
Massachusetts v. Holmes: This case was originally brought in 2018 in a Massachusetts court. 14 cities and towns, police officers and a gun store have been sued under the Massachusetts False Claims Act for improperly disposing of firearms surrendered under state law. The Court ruled on June 30 that the suit could proceed but that the cities and towns could not be sued but the officers did not have qualified immunity and could be sued in their individual capacity. The judge wrote, “Furthermore, no reasonable officer would have understood that their conduct as alleged in the complaint—disposing of plaintiff’s guns and other items without notice, opportunity to be heard, or adequate state-law remedies—would come close to satisfying due-process requirements.”
Palmer v. Sisolak: Upon the signing of Nevada bill AB286, the ban on home-built firearms, Firearms Policy Coalition initiated this lawsuit and filed a motion for a preliminary injunction as well as a motion “for Expedited Briefing Schedule and Determination.
Gabbard, et al., v. Madison Local School District Board of Education: The parents of students challenged the Butler County school district policy “firearms authorization policy” that allowed up to 10 designated employees who held Right-to-Carry permits and met other training requirements to carry concealed on school property. In a 4-3 decision the Ohio Supreme Court struck down that policy and said any armed school employees must fulfill the training requirements of a police officer.
NRA v. Swearingen: This is a case that deals with the age of majority. U.S. District Judge for the Northern District Mark E. Walker wrote a strange opinion in which he he stated, “for better or worse” he was precluded from ruling any way other than upholding the law.In 2018 after the Marjory Stoneman Douglas High School massacre the Florida legislature passed a gun law that prevented people under the age of 21 from buying any firearms, except if they had parents or relatives to assist them. Before the passage of that law people under 21 were prohibited under federal law from buying handguns but were able to purchase rifles and shotguns. It is highly likely that is case will be appealed.
Miller v. Bonta: The state of CA has filed an emergency order to stay enforcement of Judge Benitez’s June 4, 2021 ruling and the Ninth Circuit Court granted the emergency stay. Judge Roget T. Benitez ruled that California’s “assault weapons” ban is unconstitutional. The judge stayed the ruling for 30 days to allow the state of California time to appeal. For a complete description of the unprecedented ruling see Dave Workman’s article.
Duncan v. Bonta: (formerly Duncan v. Becerra) It was almost a year ago, Aug. 28, 2020, when the office of the Attorney General filed a petition for an en banc hearing on this case after the case had been won at the district court and at a 3-judge panel of the Ninth Circuit, that held that the California law banning magazines capable of holding more than 10 rounds is unconstitutional. On June 22, 2021 the arguments were heard before an 11-judge en-banc panel of the Ninth Circuit Court of Appeals. CRPA has an extensive analysis of this decision. Additionally the California DOJ posted a notice saying the prohibition ”remains in place until the appellate process is final.” This case appears to becoming the basis for how the Ninth Circuit will rule on all firearms’ cases before it. This case in addition to Rupp v. Becerra, which has been appealed to the Ninth Circuit, and Villaneuva v. Becerra, attacking the California DOJ’s regulations on “assault weapons” that was filed on September 7. 2017 are part of a three-prong attack on the California laws regarding bans on assault weapons and “large capacity” magazines that began early in 2017 by the CRPA and the NRA.
Franklin Armory v. California DOJ: Franklin Armory developed a long gun firearm named Title One that did not fit into any of the California designated firearm categories that are listed in the CA Department of Justice’s online form. Franklin Armory has communicated with the CA-DOJ about this problem since 2012. The case was brought in May 2020 and on June 3, 2021 the judge ruled on the CA-DOJ demurrer. A demurrer is a legal method to allow the defendant to have a case ruled irrelevant. On June 3, 2021 the court ruled “Respondents’ demurrer to the SAC is overruled. Respondents have 20 days to answer only.” The case can continue to trial.
Goldstein v. Earnest: This case has been brought by the Brady United Group on behalf of the Chabad of Poway Synagogue victims against the manufacturer and seller of the firearms used in the attack against the Chabad of Poway parishioners. The United States of America has intervened and filed a brief on June 8, 2021 “to present argument on the constitutional challenges to Plaintiffs’ First Amendment Complaint.” The brief is entitled, “A Bried of United States in support of the constitutionality of the Protection of Lawful Commerce in Arms Act.”
Wyoming Gun Owners v. Buchanan: Wyoming Gun Owners (WyGO) has taken the state to court to protect the privacy of their contributors. This is a First Amendment case.
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.”
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.” A case similar to Meyer v. Raoul and Lara v. Evanchick.
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.
NRA v. Swearingen: In 2018 after the Marjory Stoneman Douglas High School massacre the Florida legislature passed a gun law that prevented people under the age of 21 from buying any firearms. Before the passage of that law people under 21 were prohibited under federal law from buying handguns but were able to purchase rifles and shotguns. The NRA filed a lawsuit to constitutionally challenge that prohibition. After delay due to an attempt to keep the plaintiff names sealed, on May 1, 2020 Chief U.S. District Judge Mark Walker denied the state’s motion to dismiss the case. Walker made it clear that he was only ruling on whether the case should move forward not whether the law violated the Second Amendment.
