By Tanya Metaksa
What’s New— Constitutional carry is on the move: 24 States have constitutional carry! Signed by Governor in 2022: Alabama: HB272, signed by Gov. Ivey; Indiana: HB1296, A constitutional carry bill, was signed by Gov. Holcomb; Ohio: Gov. Mike DeWine signed SB215; and Nebraska: LB773 was voted out of committee;
On the Move: The 25th State for constitutional carry = Georgia: From twitter on April 1: Gov Brian Kemp.png ¬
State Legislation: Arkansas, Florida, Idaho, Indiana, Montana, South Dakota, Washington, Wyoming legislatures have adjourned as of the end of March. California: SB918, increasing gun owner fees and removing privacy, passed the Senate Public Safety Committee; Colorado: Gov. Jared Polis signed HB22-1086, banning open carry at polling places, while HB22-1168, Hunter Education bill, has passed both Houses and is on its way to Gov.; Connecticut: AB16, the Judiciary Committee substitute for Governor Lamont’s gun bill, passed the committee on March 31; Hawaii: Kansas: HB246, a lifetime hunting and fishing permit for children has passed the legislature. It now goes to Gov. Laura Kelly; Maryland: The House passed both SB387, “ghost gun” ban, and HB1021, repressive requirements for FFL dealers. Both bills now go to the governor; Minnesota: Hunting legislation is on the agenda; Rhode Island: hearings being held in both Houses by the Judiciary Committee on gun bills; South Carolina: the Agriculture committee passed HB4614, allowing Sunday hunting on state Wildlife Management Areas; Vermont: Gov. Phil Scott signed S4, and anti-trapping and anti-hunting with dogs bills have passed the Senate; Tennessee: HB1735, lowering the age for constitutional carry to 18, is on the House calendar for April 4; Biden-Harris Administration: Judge Ketanji Brown Jackson on her way to the US Supreme Court bench;
Biden-Harris Administration
SCOTUS—Ketanji Brown Jackson nomination: President Biden’s nomination of D.C. Circuit Court of Appeals Judge Ketanji Brown Jackson to the U.S. Supreme Court was the subject of 3-days of hearing. For those of us who have watched Supreme Court nominees in action, her answers to Senator’s question regarding the Second Amendment, lead us to believe that she would join Justices Kagan and Sotomayor as part of the anti-Second Amendment block. Lee Williams’ article is a good summary of KBJ = anti-gun Justice, while another good analysis can be found by Larry Keane of NSSF. It appears with Senator Susan Collins’ announcement that she would vote for Judge Jackson, enough votes will guarantee KBJ’s nomination.
Senator Steve Daines led a group of 25 Senators in sending a letter to BATFE on silencer infringement.
ATF and silencer manufacturing: Forced Reset Triggers: A letter from BATFE was sent to all federal licensed firearms dealers (FFLs) on Thursday, 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.”
Congressional letter to BATFE: 142 Representatives have sent a letter to the BATFE acting director requesting information on the policy regarding silencers that is being implemented;
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.
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: Arkansas, Florida, Idaho, Indiana, Montana, New Mexico, Oregon, South Dakota, Utah, Virginia, Washington, West Virginia, Wisconsin andWyoming
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.
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: Only 2 Democrats in the usually anti-gun Public Safety Committee voted for SB906, requiring parents to tell schools whether there is a gun in the home. This bill was opposed by not only gun owners but also the ACLU. Senator Portantino, the author, has been granted reconsideration to re-write it and push for it in the future. 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.
Florida: The Florida legislature has adjourned.
Georgia: SB319, the Senate constitutional carry bill has passed both the House and the Senate. Gov. Brian Kemp has already promised to sign it. HB218, a carry-over bill that grants recognition to Right-to-Carry permits from out-of-state was amended and then passed in the House with an amendment—conference members have been appointed. SB259, dealing with how firearms in the custody of law enforcement are handled, and SB479, strengthening felons in possession law, have been recommitted to Public Safety Committee and are dead for the session.
Hawaii: HB2075, passed the House and now the Senate Judiciary Committee is adding amendments.
Idaho: Gov. Brad Little signed SB1262, preventing the prohibition, regulation, or seizure of citizens’ Second Amendment rights during a declared State of Emergency.
Kansas: HB246, a lifetime hunting and fishing permit for children has passed the legislature. It now goes to Gov. Laura Kelly. 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.
Maine:A carry over bill, LD1068, that expands red flag law in Maine, was considered by the Judiciary Committee and voted “ought not to pass.” However, the bill can still be considered by the House and Senate.
Maryland: SB387, the House passed the Senate version therefore the bill now goes to Gov. Larry Hogan. The bill requires anyone who owns a currently lawful firearm must have an FFL, 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: HB1462, allowing firearms carry on public transit, other vehicle and places of worship passed the House 101-40; A hearing was held before the Senate General Laws committee on March 29.
Nebraska: The Judiciary Committee held a hearing for LB773, a constitutional carry bill, the bill is now on the Select File list, which means it can be advanced to final reading and voted upon, indefinitely postponed, amended or sent back to committee. Michael Bloomberg’s Mom’s Demand Action is in Iowa opposing this bill.
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 on Wednesday and is now before 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 on Thursday. It now will be voted upon in the full House.
South Dakota: The South Dakota legislature has adjourned. Gov. Kristi Noem has signed three pro-gun bills: HB1162,clarifying the definition of a loaded firearm; SB195, clarifying self-defense, and SB212, eliminating the carry permit fee and clarifying reciprocity for out-of-state permit holders.
Tennessee: HB1735, lowering the age for constitutional carry to 18, is on the House floor calendar for April 4. SB2291, the companion bill, has been postponed until April 5.
Vermont: S4, which includes all the items in the vetoed S30 but it lengthens the waiting time for background checks to 7 days, passed the legislature and was signed by Gov. Phil Scott on March 25. Two anti-hunting bills, S201, banning trapping, and S281, banning hunting using dogs, have passed the Senate.
Virginia: The Virginia legislature has adjourned. The House passed SB8, the Sunday hunting on public lands bill. It now goes to Gov. Youngkin—the action deadline is April 11.
Washington: The Washington legislature has adjourned. Governor Jay Inslee signedHB1705, banning so-called ghost guns; HB1630, prohibiting anyone from carrying a firearm at municipal meetings and off-campus school board meetings; and SB5078, a ban on magazines holding more than 10 rounds.
Wisconsin: The Wisconsin legislature has adjourned. S570, limiting civil liability for firearms manufacturers, sellers, and associations, 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. passed both Houses and are awaiting consideration by Gov. Tony Evers.
Wyoming: On March 21, Governor Mark Gordon not only signed SF102, Second Amendment Protection Act, but also put pictures of the signing on Twitter. The bill states, “Prohibiting the enforcement of federal regulation of firearms, firearm accessories, magazines and ammunition; penalties; defense of Wyoming citizens.” Everytown for gun safety has opposed this bill calling it “dangerous gun legislation.” The Wyoming legislature has adjourned.
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)
Duncan v. Bonta: Chuck Michel, the lead attorney on this case summarizes the CRPA & NRA-ILA’s petition for certiorari:
As reported previously, a three-judge panel of the Ninth Circuit held in August 2020 that California’s ban on standard-capacity magazines is unconstitutional. That decision struck down California’s statewide prohibitions on both possessing and acquiring such magazines, upholding a 2019 decision from the United States District Court in San Diego secured by CRPA and its attorneys at Michel & Associates, P.C. The historic Duncan panel decision was, unfortunately, vacated and later overturned when the case was heard en banc, by an expectedly unfriendly en banc panel—composed of 7 judges appointed by Democrats and just 4 appointed by Republicans.
The Supreme Court petition filed yesterday asks the Court to review the en banc decision, observing that, in the years since Heller, too many states have doubled down on their disdain for the People’s right to keep and bear arms, imposing increasingly severe restrictions on protected Second Amendment conduct. California, of course, has long been at the forefront of this rights-squelching practice. And the courts, for their part, have done precious little to suppress it. To the contrary, opinions like the Ninth Circuit en banc decision in Duncan all but encourage the states to continue thumbing their nose at the Supreme Court and its decisions in Heller and McDonald.
CRPA argues in its petition, “[l]ike other courts upholding such laws …, the Ninth Circuit approved California’s confiscatory law by applying a dilutive two-step mode of analysis that resembles no other form of heightened scrutiny but operates almost exactly like the balancing approach expressly rejected by this Court in Heller.” CRPA also argues that it is time for the Court to accept the Ninth Circuit’s invitation to step in and “tell [the lower courts] to stop” disrespecting the Second Amendment by applying an utterly toothless form of “heightened” scrutiny that almost guarantees that any law that intrudes upon the right to arms will be upheld.
CRPA President Chuck Michel says he is “proud of CRPA’s efforts to put an end to California’s confiscatory ban on magazines that come standard with some of America’s most popular handguns and rifles. No matter what the outcome of Duncan, though, CRPA will continue its tireless fight against our state’s draconian gun control regime.”
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.
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen: One of Jason Miyares first actions as Virginia Attorney General was send a letter to SCOTUS informing them that “Virginia no longer adheres to the arguments contained in the previously filed brief. Virginia is now of the view that New York’s handgun permit regime is irreconcilable with the Second Amendment.“ Oral argument transcripts can read here and listened to here. Amicus briefs can be found here. 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.
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.
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 February, 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.
