By Tanya Metaksa
What’s New— Constitutional carry is on the move: Signed by Governor in 2022: Alabama: HB272, signed by Gov. Ivey; Indiana: HB1296, signed by Gov. Holcomb; Ohio: Gov. Mike DeWine signed SB215; Georgia: Gov. Brian Kemp signed SB319; Louisiana: HB37 passed the House Criminal Justice Committee.
State Legislation: Alabama: Gov. Kay Ivey signed SB2, the Second Amendment Protection Act; Colorado: —Denver: City Council has postponed the vote on the ban on concealed carry until April 27; Kansas: Governor signs HB2456; Louisiana: Two pro-gun bills passed the House Criminal Justice Committee; Maryland: The General Assembly voted to override Gov. Hogan’s veto of HB1021 and it adjourned; Missouri:
SB1048 moves to the Senate floor; HB1462, allowing firearms carry on public transit, passed the Senate General Laws committee; New Hampshire: House passes HB1636; Oklahoma: HB3144 passed the House and the Senate Public Safety Committee; Tennessee: HB1735, lowering the age for constitutional carry to 18, is now on the House calendar for April 21; Wisconsin: Gov. Tony Evers vetos SB570 adding a third veto of pro-gun bills in April; Politics: NRA-PVF endorses Alabama Gov. Kay Ivey for re-election; former VP-candidate Sarah Palin is running for Congress from Alaska; Biden-Harris Administration: Biden announces his new nominee for ATF Director, Steve Dettelbach, another anti-gun politician and the implementation of a federal rule on “ghost guns.”
Biden-Harris Administration
Biden announcements: On April 11 Biden announced the implementation of federal regulations concerning ghost guns. He also announced the nomination of Steve Dettelbach to the position of Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, commonly abbreviated as ATF. Two good articles on these events: Dave Workman’s on Dettelbach and Lee Williams’ concerning the history of “ghost guns”.
TF and silencer manufacturing: Forced Reset Triggers: A letter from BATFE was sent to all federal licensed firearms dealers (FFLs) in late March, as we predicted, that “some of them (FRTs) are “firearms” and “machine-guns” as defined in the National Firearms Act (NFA) and “machine-guns” as defined in the Gun Control Act (GCA). .. ATF’s position is that any FRT that allows a firearm to automatically expel more than one shot with a single, continuous pull of the trigger is a “machine-gun.” The letter goes on to say “Current possessors of these devices are encouraged to contact ATF for further guidance.”
2021 Congressional Activity
H.R. 6945, No Retaining Every Gun in a System That Restricts Your (REGISTRY) Rights Act, has been introduced by Texas Representative Michael Cloud with 44 co-sponsors. This bill would mandate that FFL’s that go out of business destroy their sales records. The chance of it being considered in Speaker Pelosi’s House of Representative is zero, unfortunately.
The Outdoor Recreation Act, S.3266, introduced by U.S. Senate Energy and Natural Resources Committee Chairman Joe Manchin (D-W.V.) and Ranking Member John Barrasso (R-Wyo.) on Dec. 2. Information on this bipartisan outdoor recreation bill can be found here.
Discretionary spending for FY2022: The Biden Administration is asking Congress to increase spending for combatting “the Gun Violence Public Health Epidemic.” Part of these funds will be given to the states and localities to “improve background check systems” and “incentivize State adoption of gun licensing laws.” Firearms Policy
Coalition has a website dedicated to stopping this bill.
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.
2022 Politics
Many pundits are predicting a red wave in the 2022 Congressional elections. At the moment the U.S. Senate is split 50-50 and the Democrats have only a six-member majority in the House of Representatives. Every race where there is a possibility for change will be highly contested. This column will cover such races as events unfold.
Alabama: NRA-PVF endorses Gov. Kay Ivey for re-election in November.
Alaska: The death of long-serving Representative Don Young has set up a free-fo-all for the nomination in a special election. Sarah Palin, the former running mate of Presidential candidate John McCain in 2008, has announced her candidacy with the endorsement of former President Donald Trump.
California: The second recall of Los Angeles District Attorney George Gascon has started. 160 days to gather 570,000 signatures. DA Gascon is a George Soros supported DA who fails to punish law breakers. Deadline for signature gathering is July 6, 2022.
State Legislatures
The following states did NOT have a legislative session scheduled in 2022: Montana, Nevada, North Dakota and Texas. Adjourned legislatures: Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Maryland, Montana, New Mexico, Oregon, South Dakota, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Alaska: SB136/HB179, preventing the prohibition, regulation, or seizure of citizens’ Second Amendment rights during a declared State of Emergency, passed the Senate. HB203, “safe storage” legislation was heard by the House State Affairs Committee on March 29, but no action was taken at that time.
Alabama: Gov. Kay Ivey signed SB2, the Second Amendment Protection Act and made this statement: “In Alabama, we value our rights so much so, our motto is ‘We dare defend our rights.’ As governor, I am proud to sign the Alabama Second Amendment Protection Act into law to ensure our constitutional right to bear arms is not infringed on by federal overreach. Alabamians can be confident I am taking a stand for their Second Amendment rights, and this legislation will further safeguard their ability to protect their families and homes.”
Arizona: HB2166, exempting firearms and firearms safety equipment from sales taxes, was passed by the House 31-28 and has now passed the Senate Finance Committee 6-4. The Senate Judiciary Committee voted do Pass (5-3) on both HB2414, allowing law-abiding citizens to store firearms in locked vehicles on school grounds, and HB2316, expanding areas where Right-to-Carry permittees can lawfully carry. The Senate voted to pass SB1177, mandating the sending of renewal notices for Right-to-Carry permits. The House passed HB3144, stopping government agencies from working with companies that discriminate against Second Amendment related businesses. The House Judiciary Committee passed HB2473, prohibiting the state from doing business with banks that discriminate against legal firearms’ businesses.
California: The Senate Public Safety Committee has scheduled a hearing on April 28 for SB1327, creating a “private right of action” for any person against another person who breaks California laws regarding firearms. SB918, a firearms bill dealing with increasing fees and removing privacy for gun owners passed the Senate Public Safety Committee. AB2033, extending the duration of a constitutional carry license from 2 years to 5 years, is before the Assembly Public Safety Committee. Gov. Newsom held a press conference to introduce a new package of onerous gun laws in February: AB1594, allowing individuals and the Attorney General to sue firearms manufacturers and sellers; AB2571, prohibit marketing of weapons to children; and AB1621, further control of personal weapons. SB906, requiring parents to tell schools whether there is a gun in the home, has been introduced and the 30-day delay for printing has been waived; it is now before the Public Safety Committee and the Education Committee. The General Assembly passed AB311, restricting the sale of “precursor” parts at gun shows in early February. AB1594, to allow civil lawsuits against the firearms industry was introduced. The bill tries to define the firearms industry as a “public nuisance.” AB1769, prohibiting gun shows in Ventura County has been introduced. In 2021.
Connecticut: SB16,the Judiciary Committee substitute for Governor Lamont’s gun bill, passed the committee on March 31. This bill would ban Right-to-Carry permittees from carrying on public transportation and at polling places and ban open carry near a demonstration among other provisions.
Colorado: Gov Jared Polis signed HB22-1086, banning open carry at polling places. HB22-1168, hunter education legislation, was passed both Houses. Denver: City Council has postponed the vote on the ordinance to prohibit concealed carry within city parks and buildings.
Georgia: The Georgia legislature has adjourned.SB319, constitutional carry, signed by Gov. Brian Kemp.
Hawaii: HB2075, passed the House and now the Senate Judiciary Committee is adding amendments.
Illinois: HB4383, a non-firearm bill, was amended by Rep. Kam Buchner (D) with a so-called “ghost guns” amendment that has passed both Houses of the legislature. It now goes to Gov. Pritzker who is likely to sign it. According to John Boch this bill could ban modular pistols.
Kansas: Gov. Laura Kelly signs HB246, a lifetime hunting and fishing permit for children. Awaiting full Senate Action are SB482, prohibiting discriminatory business behavior to the firearm industry, andSB522, a firearm safety education bill, a similar bill was vetoed by Gov.Laura Kelly last year. In the House HB2681, allowing seized firearms to be disposed according to the Kansas code of criminal procedure, is awaiting action.
Kentucky: HB29, prohibiting the enforcement of a federal ban or regulation of firearms and declaring an emergency, passed the House 75-20. It now goes to the Senate.
Louisiana: Last week the House Criminal Justice Committee passed HB37, a constitutional carry bill, and HB868, creating an online handgun course to be offered by the State Police for free. Both bills have proceeded to third reading in the House.
Maryland: The Maryland legislature has adjourned. The General Assembly voted to override Gov. Hogan’s veto of HB1021. HB1021 is a bill that punishes gun stores as well as law-abiding citizens by requiring FFLs to install video surveillance and extensive burglary alarm systems.SB387, so-called “ghost guns”, passed the legislature and Gov. Hogan let it become law without his signature. The bill requires anyone who owns a currently lawful firearm must have a carry permit, add a serial number and register the gun with the state police.
Michigan: Governor Whitman vetoes SB11, that prohibited the Michigan State government from restricting Second Amendment rights during a declared state of emergency.
Missouri: SB1048, discouraging banks from discriminating against the firearms industry, has passed the Senate Insurance and Banking Committee. HB1462, allowing firearms carry on public transit, other vehicle and places of worship passed the House 101-40; the Senate General Laws committee passed it on a 4-1 vote.
New Hampshire: The House passed HB1636, allowing loaded firearms on OHRV or snowmobiles. A hearing is scheduled for April 19 before the Senate Transportation Committee.
New Jersey: A.2326/S.513, a pair of bills that had some bad consequences for persons caught with a firearm. A.2326, was amended in the Assembly Law & Public Safety Committee on Thursday, while the companion was on the agenda of the Senate Law & Public Safety. As of now no action has occurred.
New York: A8684, prohibiting firearms in public transportation, restaurants and other places has been introduced. This is part of the Democrat party’s resistance to any outcome of the SCOTUS case awaiting a decision.Emails are being sent out to handgun licensees who must rectify their status. The NY Safe Act requires recertification every five years. The New York State Police says that recertification may take place online by visiting the New York State Pistol Permit Recertification page at: https://firearms.troopers.ny.gov/pprecert/welcome.faces.
S1192B/A-7246B, requiring persons possessing any firearm to hold a firearms safety certificate, was passed by the Senate Codes Committee on Jan. 31—this is part of the effort to blunt any SCOTUS decision on the New York Rifle & Pistol Assn case; A9573/S8164, establishing criminal penalties for unlawful gun storage, have been introduced.
Ohio: Gov. Mike DeWine signed HB227, a constitutional carry bill. HB325, that guarantees Second Amendment rights during a state of emergency, has passed the House and it is currently before the Senate Veterans and Public Safety Committee. This bill will prohibit both local and state government from infringing on firearm possession, transportation, commerce, hunting and fishing. Also included is legal recourse for citizens whose rights are infringed.
Oklahoma: HB3144, prohibiting the state from doing business with banks that discriminate against legal firearms’ businesses, passed 72-17 the House and was passed by the Senate Public Safety Committee. HB3157, prevents the prohibition, regulation, or seizure of citizens’ Second Amendment rights during a declared State of Emergency, passed the House 79-17 and is now before the Senate Public Safety Committee.
Pennsylvania: Governor Wolf lost no time in vetoing HB979, a bill that strengthened current preemption law by adding the ability of persons “adversely affected” by anti-preemption municipal ordinances to take the municipality to court.
South Carolina: HB4614, allowing Sunday hunting on state Wildlife Management Areas, passed the House Agriculture, Natural Resources and Environmental Affairs Committee—It now goes to the full House.
Tennessee: Both HB1735 and its companion bill SB2291, lowering the age for constitutional carry to 18, have been postponed until April 21.
Vermont: Two anti-hunting bills, S201, banning trapping, and S281, banning hunting using dogs, have passed the Senate.
Wisconsin: The Wisconsin legislature has adjourned. On April 8 Gov. Tony Evers vetoed AB495, allowing persons to keep their firearms and ammunition in their vehicle while on school property when dropping or picking up a student, and AB518, recognizing out of state Right-to-Carry permits. On April 15 he also vetoed SB570, a bill to increase firearms industry liability protections.
Judicial
Cases are grouped by court venue. 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. The SCOTUS 2021 term decision of New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen that is being decided has impacted not only some of the cases currently being decided in the federal courts, but some courts are enjoining government from enforcing recently passed ordinances and laws.
US Supreme Court (SCOTUS)
Awaiting decision by SCOTUS before the end of 2021-2022 term:
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen: This case concerns the 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 will attempt to resolve the issue. It has taken more than a decade to get the Supreme Court to take up another Second Amendment case after Second Amendment victories in Heller and McDonald.
Current petitions before SCOTUS requesting certiorari:
GOA v. Garland: Petition for certiorari has been extended “to and including May 9, 2022.” This case deals with the regulation of bump stocks by ATF.
Duncan v. Bonta: This case concerns the California ban on magazines with a capacity greater than 10 rounds.
Dominic Bianchi et al. v. Brian E. Frosh et al.Jan.14 the Supreme Court made the request as it considers whether to hear the advocates’ appeal of a lower federal appeals court decision — first issued in February 2017 — that the Second Amendment does not apply to firearms “most useful in military service.” A group of 25 state Attorney Generals have filed a petition for a Writ of Certiorari with SCOTUS.
Aposhian v. Garland: was distributed for conference of 1/21/2022, but has been rescheduled with no date. On August 2, 2021 W. Clark Aposhian filed a petition for a write of certiaorari with the U.S. Supreme Court. This case was filed originally filed in 2019 seeking a preliminary injunction against the BATFE’s reclassification of “bump stocks” as “machine-guns”. The district court upheld the BATFE interpretation, as did a panel majority of the Tenth Circuit. The Tenth Circuit then granted a petition for review en banc. Then the Tenth Circuit vacated its prior order and reinstated the panel opinion. This case is now before SCOTUS asking for a writ of certiorari to the Tenth Circuit to rehear the case en banc. This case is similar to GOA v. Garland listed below.
Marshall v. ATF: has been distributed for conference of 4/1/2022. This case deals with buying and selling firearms to persons 18-20 years of age.
Non-SCOTUS Federal cases
Center for Biological Diversity v. U.S. Fish and Wildlife Agency: Under the Trump Administration the U.S. Fish & Wildlife Service opened more that 2.3 million acres on 106 National Wildlife Refuges and National Fish Hatcheries to hunting and fishing opportunities in 2020. As a result, the Center for Biological Diversity sued the Fish & Wildlife Service on November 28, 2021 in federal district court in Montana. Now NRA-ILA, Safari Club International, Sportsmen’s Alliance Foundation and Rocky Mountain Elk Foundation have partnered and filed a motion to intervene and dismiss this lawsuit.
Grey Wolves Litigation: Returning the management of gray wolves to the states and delisting them as endangered is now in the US District Court Northern District of California. A decision by a judge vacated the Interior Department 2020 ruling. The State of Utah, NRA and SCI have appealed that decision to the Ninth Circuit Court of Appeals on April 11.
All firearms cases before the Ninth Circuit Court of Appeals (CA and west coast) have been put on hold until after the SCOTUS decision in New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen has been published. That includes Duncan v. Bonta and Miller v. Bonta:
Ban on firearms for citizens ages 18-21 in federal court
NRA v. Swearingen: On appeal to the US District Court in Tallahassee, FL oral arguments were held on March 24, 2022. The opening brief by the NRA was filed on August 17, 2021 before the US Court of Appeal for the Seventh Circuit. 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.
State cases
People of the State of Illinois, Appellant, v. Vivian Brown, Appellee. Appeal, Circuit Court: On Feb. 2018 the Circuit Court of the Second Judicial Circuit, Illinois, found that the requirement to have a Firearms Owner ID card in order to legally possess a firearm in the home for self-defense was unconstitutional. Several motions to reconsider were filed and the Court denied the motion to reconsider on Oct. 16, 2018. The state of IL appealed to the IL Supreme Court on Nov. 11, 2018. Finally, an oral hearing was held by the IL Supreme Court in March. No timetable has been issued for a decision.
Howard Jarvis Taxpayers Assn., et al v. City of San Jose: In Feb. 2022 the City of San Jose, CA passed an ordinance that required San Jose residents who own firearms to pay an “Annual Gun Harm Reduction Fee” to a “Designated Nonprofit Organization” designated by the City Manager. A complaint to invalidate this law was filed in the Superior Court of CA, County of Santa Clara.
Jane Doe, et al. v. Bonta: AB173, a bill signed into law, that “allowed sensitive personal information about gun owners” to be shared with universities and any “bona fide research institution,” has been challenged in this lawsuit by the NRA. In late January the court granted the plaintiffs motion to proceed using Pseudonyms.
