By Tanya Metaksa
What’s New— U.S. Senate: Steve Dettelbach became BATFE Director June 12; The House of Representatives Judiciary Committee has scheduled HR1808, for markup July 20; California: Gov. Gavin Newsom signed three more anti-gun laws on June 12, but five more bills have landed on his desk; Colorado: Boulder County: Commissioners propose five anti-Second Amendment ordinances with a vote scheduled for August 2; Greenwood Village: On July 11 ordinance NO, 07-22 was passed—Commercial sale of firearms from home prohibited; Illinois, Naperville: The first reading of an ordinance to prohibit the local commercial sale of assault weapons and large-capacity magazine was held on July 11 with the final reading and vote to take place on July 19; Judicial: State Results of SCOTUS NYS&PA v. Bruen decision; California: Action following AG Bonta “Legal Alert.”
Biden-Harris Administration
Dettelbach nomination: On June 16 The Senate voted 52-41 to bring the Dettelbach nomination to head ATF up for a vote in the U.S. Senate.
2021 – 2022 Congressional Activity
The House of Representatives Judiciary Committee has scheduled HR1808, a new “assault weapons” ban bill, that would ban virtually all ARs, AKs, AR pistols and even semiautomatic handguns and shotguns, for mark-up on July 20,2022. Write your Congressman concerning this bill.
After the passage and signing of theBiPartisan Safer Communities Act (BPCA) many of the anti-gun Democrat Senators and President Biden are talking about promoting another anti-gun bill. According to The Reload and now The Hill; Senator John Cornyn (R), co-author of the BPCA , has unequivocally stated he is not working on any more gun legislation this year.
2022 Politics
August 2 primaries include Arizona, Kansas, Michigan, Missouri and Washington. On August 4 Tennessee will hold its primary.
Oregon: The supporters for the initiative proposal IP 17 have claimed to have the required signatures as of the deadline on July 8. IP 17 would require: a permit to purchase a firearm, ban magazines holding more than 10 rounds, create a registry of firearms owners and allows for indefinite delays of transfer of firearms.
Alaska: A special election on Aug. 16 has been certified by the Alaska Division of Elections. The top three candidates who will be on the ballot are Sarah Palin (R), Nick Begich (R) and Mary Peltola (D). Former President Trump held a rally in Alaska in support of Sarah Palin in the special election.
State Legislatures
The following states are still in session: California, Delaware, Massachusetts, Michigan, Ohio, and Pennsylvania, while Illinois, North Carolina, New York and Wisconsin are in recess.
Arizona: On July 6 Gov. Ducey signed SB1177, mandating that the Dept. of Public Safety send out a renewal application to all Right-to-Carry permittees at least 60 days before expiration has passed.
California: On June 12, Gov. Newsom signed two new anti-Second Amendment gun laws: AB2551, requiring the notification of law enforcement if someone attempts to purchase a firearm who is not eligible; and AB1594, allows private lawsuits against firearm industry members; The worst news for California gun owners is that a breach of the state’s databases of gun owners has made public the personal information of perhaps “hundreds of thousands of gun owners.” Gov. Newsom signed AB1621, that has modified the definition of precursor parts and requires serial numbers on them as well as including precursor parts in the definition of “firearm.” AB1621 also prohibits the possession of milling machines that are used solely for manufacturing firearms. He also signed AB2571 that bans advertising and marketing of firearms or ammunition in a manner that is “attractive to minors.” Both bills became effective upon signing. The legislature also passed and sent to Gov. Newsom: AB311, prohibiting the display or sale of precursor parts at gun show on Del Mar Fairgrounds; AB1769, bans gun shows at the Ventura County Fair; AB2156, prohibiting 3D printing of firearms parts and reducing the number of firearms that can be manufacture to three per year; the following bills were sent to Gov. Newsom: SB915, banning gun shows from any property that has a connection to the state; and SB1327, allows individuals to file civil suits against anyone who is involved in selling banned firearms or firearm parts. He has 12 days in which sign them.
Colorado: Boulder County—a proposal to add 5 anti-Second Amendment ordinances will be heard on August 2. The ordinances will 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 covers all the ordinances is available and has a link for a comment form available by mid-July.
- Colorado: Greenwood Village—Ordinance 07-22 was considered and adopted at a hearing on July 11 that would ban selling guns from a home.
- Illinois: Naperville—The first reading of an ordinance to prohibit the local commercial sale of assault weapons and large-capacity magazine was held on July 11 with the final reading and vote to take place on July 19;
Indiana: Two Lake County council members have proposed an ordinance to ban sales of “AR-15s” at gun show held at the Lake County fairgrounds. No public information available about the July 12 council meeting.
New Jersey: The following bills were passed by the legislature this past Thursday and Friday: A.1302, an ammunition registration bill, A.1765, promoting lawsuits against firearms manufacturers, A.4368, mandating microstamping of cartridges, A.4370, requiring mandatory training for a Firearms ID card, S.1204, requiring gun registration of all new residents, S.2846, possession of previously legal gun kits now becomes a felony, and S.2905, a ban on .50 Caliber BMG. Gov. Phil Murphy is expected to sign them all.
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.
Maryland Governor Larry Hogan announced, “Over the course of my administration,” Gov. Hogan said on July 5, “I have consistently supported the right of law-abiding citizens to own and carry firearms, while enacting responsible and common sense measures to keep guns out of the hands of criminals and the mentally ill. Last month, the U.S. Supreme Court struck down a provision in New York law pertaining to handgun permitting that is virtually indistinguishable from Maryland law. In light of the ruling and to ensure compliance with the Constitution, I am directing the Maryland State Police to immediately suspend utilization of the ‘good and substantial reason’ standard when reviewing applications for Wear and Carry Permits. It would be unconstitutional to continue enforcing this provision in state law.” A week later TGM reported that applications for Right-to-Carry permits have increased more than 700% over last year.
Massachusetts: On July 5 Massachusetts sent out guidance on the removal of restrictions on licenses to carry firearms and stated, “The Firearms Records Bureau will no longer print licenses with restrictions.”
New Jersey: On June 24, Matthew J. Platkin, Acting Attorney General, published a directive that stated, “The decision in N.Y. State Rifle & Pistol Assoc. v. Bruen, No. 20-843, prevents us from continuing to require a demonstration of justifiable need in order to carry a firearm, but it does not prevent us from enforcing the other requirements in our law.”
Hawaii: The Attorney General Doug Chin has stated that he is awaiting the reconsideration of the 2021 Young v. Hawaii that upheld Hawaii’s very restrictive law on carry permits. Young v. Hawaii was one of the cases that SCOTUS granted, remanded and vacated (GVR) back to the Ninth Circuit as a result of Bruen.
Three of the five remaining states: California, Delaware and New York are passing more laws in an attempt to blunt the SCOTUS decision. In fact an article on substack noted that New York’s “new law signed on July 1st was a rush to thwart the Supreme Court’s recent ruling and will be swiftly overturned.” The remaining two states,Connecticut, and Rhode Island: State leaders appear to be adopting a wait and see attitude.
Since all the state leaders of RI, HI, and NJ are Democrats, they are in no hurry to loosen their restrictions for gun owners. It is very likely that a Ninth Circuit decision in favor of Young may tilt the scales in many of these states
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)
Petitions before SCOTUS requesting certiorari that were postponed awaiting the Bruen 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 reconsidered due to the decision in NYSRPA v. Bruen. Known as GVR.
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
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 overreaching 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 our 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 December 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.
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.
Ban on firearms for citizens ages 18-21 in federal court
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.
State cases
Firearms Owners et.al v. City of Pittsburgh: A case brought by Firearms Policy Coalition against the city of Pittsburgh based on the Pennsylvania preemption statute. It was decided 2-1 in favor of plaintiffs. Immediately the mayor of Philadelphia announced it would be appealed to the Pennsylvania Supreme Court
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.
