By Tanya Metaksa
What’s New— Biden Administration: trying to get HR1808 through the US Senate; The House of Representatives has passed HR1808; California: legislature is back in session in August and 4 new bills are awaiting action; California: Burbank: enacts a 45-day moratorium on new gun stores; Colorado: Boulder County: 5 anti-Second Amendment ordinances passed on August 2; Maryland—Montgomery County: sign petition against new county proposed ordinance vote is scheduled for September consideration; New York—Sheriffs in Wayne and Fulton Counties support lawful concealed carry; North Carolina—Madison County: schools will have AR15s to stop school shooters; Politics: More primary voting in August; Judicial: In only one case, Duncan v. Bonta, that was GVR’ed from SCOTUS 5 weeks ago has a supplemental briefing been requested.
2022 Congressional Activity/Biden Administration
The House of Representatives advanced HR1808, on July 25 on almost-party line vote of 217-213. Dave Workman covered the vote. HR1808 is the new “assault weapons” ban bill, which would ban virtually all ARs, AKs, AR pistols and even semiautomatic handguns and shotguns.
Biden Administration: Reuters reported that “the administration is actively discussing with top Democratic lawmakers what support they can provide to push the bill.”
2022 Politics
On Tuesday, Aug. 9 the following states will hold primary elections: Connecticut, Minnesota, Vermont and Wisconsin.
Connecticut- the only NRA-PVF endorsed candidate, Cindy Harrison is in House District 69
Minnesota-In the special election for the 1st CD Brad Finsted (R) has been endorsed by the NRA-PVF.
Wisconsin-All the Republican candidates for Governor with the exception of Adam Fischer were given “A” ratings but no endorsements. Senator Ron Johnson was endorsed in his re-election race, as were Reps Glen Grothman, Tom Tiffany and Mike Gallagher. Adam Jarchow, a Republican for Attorney General was endorsed.
Vermont-Joe Banning, running for Lt. Gov in the Republican primary has been endorsed. Erin Testut for State House-Essex-Orleans has also been endorsed by NRA-PVF.
On August 13, a primary will be held in Hawaii, while on August 16 primary will be held in Alaska and Wyoming.
Alaska: A special election on Aug. 16 has been schmeduled by the Alaska Division of Elections. The top three candidates who will be on the ballot are Sarah Palin (R), who is endorsed by the NRA, Nick Begich (R) and Mary Peltola (D). Former President Trump held a rally in Alaska in support of Sarah Palin in the special election.
On August 23, primaries are scheduled for Florida and New York.
Florida: Republican governor Ron DeSantis will be facing the winner of the election between Nikki Fried and Charlie Crist, both rated F. The US Senate race will feature Republican Senator Marco Rubio versus the winner of a primary fight between Rep. Val Demings, and several other candidates. For the Commissioner of Agriculture the only candidate with a NRA-PVF rating is Wilton Simpson (R) with a B.
The first week of August primary results included Arizona, Kansas, Michigan, Missouri, Washington and Tennessee.
Arizona: In the US Senate Republican primary Blake Masters (R) won for the opportunity to run against F-rated Senator Mark Kelly (D) rated F in the general. In the gubernatorial race it will be two women, Kari Lake (R) v. Katie Hobbs (D). In the redistricted 2nd CD it will be Eli Crane (R) v. Rep. Tom O’Halleran (D).
Kansas: The current Governor Laura Kelly (D) is rated an “F” by NRA, while Derek Schmidt (R) won the primary and has been endorsed by the NRA.
Missouri: Republican US Senate candidate Eric Schmitt also won his primary election.
Michigan: In the 10th CD John James, endorsed by the NRA, won his primary race. He will now run against a retired 75-year-old judge, Carl Marlinga (D).
State Legislatures/Local communities
The following states are still in session or in special session: California, Indiana, Massachusetts, Michigan, New Jersey, New Hampshire, Ohio, Pennsylvania and West Virginia, while New York and Wisconsin are in recess.
California: Although Gov. Newsom has signed 11 anti-2nd Amendment bills into law over the past several months, there is still more on the way. The legislature has returned from its July recess and the Appropriations committees have already put four new bills into the suspense file which will be reviewed in the coming week. AB1227, an excise sales tax of 10% on handgun and 11% on long guns; AB2870, expanding the CA red flag law to include roommates, dating partners and family members (out to great-great-grandparents and cousins); SB505, requiring firearms owners to have insurance and be civilly liable for the misuse of the firearm, and SB918, a bill to “get around” the Bruen decision by expanding gun free zones, requiring signage for where law-abiding citizens can carry and other anti-civil rights provisions. The worst news for California gun owners is that a breech of the state’s databases of gun owners has made public the personal information of perhaps “hundred of thousands of gun owners.”
California—Burbank: Although city officials stated that firearms stores in Burbank, CA did not create “an inordinate demand for public safety services” the city council enacted a 45-day moratorium on “retail businesses selling firearms or ammunition.”
Colorado: Boulder County—a proposal to add 5 anti-Second Amendment ordinances was heard and approved on August 2. The ordinances mandate:
- Banning the sale of firearms to anyone under the age of 21
- Requiring a waiting period of 10 days to sell or purchase a firearm
- Prohibiting the carrying of firearms in sensitive public places
- Banning the sale of “assault rifles,” along with “large” magazines and trigger activators
- Regulating the possession of unfinished gun frames and guns without serial numbers, sometimes referred to as “ghost guns”
- A website that explains all the ordinances is available and has a link for a comment form available by mid-July.
- Illinois: Naperville—The first reading of an ordinance to prohibit the local commercial sale of assault weapons and large-capacity magazine was held postponed from July 11 to July 19. The next meeting of the City Council is scheduled for August 16.
Maryland: Montgomery County—Council President Gabe Abornoz introduced an ordinance, County Bill 21-22 to ban permit holders from carrying in “a place of public assembly, A petition to against this county ordinance has been started on change.org. To sign click here. The County Council is on recess in August but It appears that this proposal is on a fast track for approval in September.
New Jersey: “Acting Attorney General Matthew J. Platkin today announced the creation of a Statewide Affirmative Firearms Enforcement (SAFE) Office – a first-in-the-nation office with the specific mandate of bringing civil enforcement actions against firearm companies to hold them accountable for violations of the law that harm the health and safety of New Jersey residents.” Platkin’s announcement was covered in Lee Williams’ article.
North Carolina: Madison County—School security got beefed up—“We were able to put an AR-15 rifle and safe in all of our schools in the county,” Sheriff Buddy Harwood said. “We’ve also got breaching tools to go into those safes. We’ve got extra magazines with ammo in those safes.”
South Carolina: Columbia—the city has submitted to the SC AG a proposed ordinance concerning the reporting of lost or stolen firearms to inquire if it violates South Carolina preemption law.
State and Local legal Changes as a result of SCOTUS decision in New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen was a monumental decision for most Second Amendment supporters. But according to the decision “only six States…have ‘may issue’ licensing laws.” On the other hand several gun organizations including the U.S. Concealed Carry Association (USCCA) believe that number to be as high as nine. The six that everyone agree upon are: California, Hawaii, Maryland, Massachusetts, New Jersey and New York. The remaining three are Connecticut, Delaware and Rhode Island. Several states, New York and California to date, have already changed their laws to try to maintain the ability to strictly control of who can “carry” a firearm outside the home. While on the other hand two states: Massachusetts and Maryland have decided to remove restrictions on carry permits.
Although NY state leaders and legislators are ignoring/pushing back against Bruen, some NY Sheriffs are making policy based on the Bruen decision:
Wayne County, NY Sheriff:“Effective immediately, any Wayne County Resident with a restricted pistol permit, MAY file an amendment with the County Clerk to have your restrictions removed! You do not have to file any paperwork with the Sheriff if you are a current permit holder.”
Fulton County, NY Sheriff: Richard Giardino, Sheriff has printed signs entitled “Lawful Concealed Carry Permitted on these Premises.”An image of the sign can be found here.
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.
US Supreme Court (SCOTUS)
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen: —In the first gun rights case in over a decade—on June 23, 2022 SCOTUS handed down their decision in this case, striking down the “good cause” requirement to obtain a carry permit.
Petitions before SCOTUS requesting certiorari that were postponed awaiting this decision are GOA v. Garland, Duncan v. Bonta,Dominic Bianchi et al. v. Brian E. Frosh et al., and Aposhian v. Garland. All four of these cases have been “granted certiorari”, ‘vacated”, and then remanded (sent back) to the lower court to be relitigated due to the decision in NYSRPA v. Bruen. Known as GVR. All four cases were GVR’ed on June 30, 2022. In the five weeks since then in only Duncan v. Bonta, has the court requested supplemental briefings from the parties involved.
In California Attorney General Rob Bonta issued a “Legal Alert” to Local Carry-Licensing Agencies on June 24, 2022. The alert included the recommendation that “issuing authorities must still require proof that (1) “the applicant is of good moral character.” And it additionally states, “As a starting point for purposes of investigating an applicant’s moral character, many issuing authorities require personal references and/or reference letters. Investigators may personally interview applicants and use the opportunity to gain further insight into the applicant’s character. And they may search publicly-available information, including social media accounts, in assessing the applicant’s character. Finally, we note that it remains reasonable—and constitutional—to ask applicants why they are interested in carrying their firearms in public. As a result of this alert, the Firearms Policy Coalition sent a letter to AG Bonta suggesting that unless the alert is revoked, local jurisdictions following the recommendations will be sued.
Non-SCOTUS Federal cases
Morehouse Enterprises v. ATF: Seeking a preliminary injunctions against the “ATF from enforcing various parts of an omnibus rule scheduled to take effect Aug. 24.”This case has been joined by 17 states attorneys general.
Michelle Flanagan v. Rob Bonta: The County Counsel sent a letter to the US Court of Appeals for the Ninth Circuit asking for the case to be dismissed, as the case is now moot.The letter states “the Los Angeles County Sheriff’s Department is no longer requiring a showing of “good cause” in issuing licenses to carry a concealed weapon in public. This appeal now moot…”
Rocky Mountain Gun Owners v. Superior: a temporary restraining order was issued against the town of Superior, CO by District Judge Raymond P. Moore to stop the town’s ban on so-called “assault weapons.” On July 29 Rocky Mountain Gun Owners tweeted, “Bloomberg’s New York attorneys have officially stepped in. We are in for a major fight. Superior is officially ground zero for gun control.“
New York Federal cases in opposition for the new NY gun control system (S.51001/A.41001). We anticipate many lawsuits being filed in opposition to the new over reaching NY gun law: Paladino v. Bruen (7/11/22), challenging Section 5 of the law that “unconstitutionally presumptively prohibits Handgun Carry Licensees from carrying a concealed handgun on all private property in the State.“ Vanchoff v. James (7/12/22), challenging NY “assault weapons” ban as a result of NYSR&PA v. Bruen.
Cheeseman v. Platkin: A challenge to New Jersey’s “assault weapons ban” in the US District Court for the District of New Jersey.
Miller v. Bonta: A motion has been made to the Ninth Circuit to lift their stay in the California “assault weapons” challenge.
Junior Sports Magazine, et. al v. Bonta: The Second Amendment Foundation, CRPA, Gun Owners of California, California Youth Shooting Sports Association and others are suing the state of California for the passage of AB2571 that was signed into law on June 30.“Plaintiffs bring this suit to challenge the constitutionality of California Business & Professions Code section 22949.80, which makes it unlawful for any “firearm industry member” to “advertise, market, or arrange for placement of an advertising or marketing communication concerning any firearm-related product in a manner that is designed, intended, or reasonably appears to be attractive to minors.”
National Shooting Sports Foundation v. Letitia James: This case deals with the enactment of a law to hold the gun industry civilly liable for “public nuisances.” NSSF filed this case on Dec. 16, 2021.
Rare Breed Triggers v. Garland:This case was filed in Aug 2021 and sought a preliminary injunction to stop ATF from taking action against Rare Breed Triggers. A judge denied the request and the case continues.
Ban on firearms for citizens ages 18-21 in federal court
Andrews v. McGraw: This case was initiated on Nov. 9, 2021 regarding the Texas law prohibiting citizens who are between the ages of 18 to 21 “from fully exercising the right to keep and bear arms.” After the NYSR&P decision by SCOTUS, the judge asked the parties to file supplemental briefs, which both parties have now done.
Jones v. Bonta: This case name was changed when former CA AG Becerra left his position in CA. It was formerly Jones v. Becerra. “The panel held that California’s ban was a severe burden on the core Second Amendment right of self- defense in the home.” Although California has not yet appealed to an “en banc” panel, this has been the manner in which the Ninth District Court of Appeals has upheld California’s draconian gun laws. We anticipate an appeal.
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.
