By Tanya Metaksa
What’s New— Two horrific mass shootings—one in Buffalo, NY and the other Uvalde, TX again produce a flurry of restrictive gun legislation proposals before the US Congress and several state legislatures. Biden Administration: The nomination of Steve Dettelbach to be BATFE Director just got Sen. Manchin’s support. The US House of Representatives passed two more gun control bills: HR7910 and HR2377. According to Politico The Senate’s committee of Republican and Democrat Senators has reached a consensus on more firearms restrictions; California: All bills before the Public Safety Committees passed last week; Delaware: the House passed HB450, a so-called “assault weapons” ban one of the proposals from Gov. Carney’s (D) gun ban package; Florida: anti-gun Rep Joseph Geller (D-100) failed to get enough votes to call for a special legislative session on “gun violence;”Hawaii: Gov. Ige signed HB2075 on June 6.; New York: Gov, Kathy Hocul signed the 10 NY gun laws last Monday. Rhode Island: Democrat leaders passed three anti-gun laws; H6614, H7457, and H7358 with a vote scheduled on June 14 in the Senate Judiciary Committee; Politics: AK special election for Congress reduces field to 4; Judicial: awaiting SCOTUS decision on New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen. June is usually the last month for decisions being announced.
Biden-Harris Administration
Biden announcements: Sen. Joe Manchin has announced that he will vote in favor of Dettelbach for BATFE Director. As Lee Williams’ update on the Dettelbach hearing predicted there may be enough votes in the Judiciary Committee to send Dettelbach’s nomination to the full Senate.
2021 – 2022 Congressional Activity
House of Representatives: This past week the US House of Representatives passed two restrictive gun bills. Speaker of the House Nancy Pelosi (D-CA) was the impetus behind HR7910. Among its provisions that most voting Representatives did not bother to read are: 1. Prohibiting 18-21 year olds from acquiring shotguns and semi-automatic rifles; 2.Ban the possession of firearm magazines with a capacity of more than 10 rounds; 3.Authorize expenditure of federal dollars to “buy-back” such magazines owned by law-abiding citizens; 4.Turn Americans who create their personal firearms into felons by redefining the term “frame or receiver;” 5. Mandates “safe storage” requirements in direct contravention to a provision in the Heller decision concerned self-defense. The second bill, HR2377, is a ‘red flag law’ on steroids. Instead of constitutional due process requirements for confiscation of private property, the courts could become a Gestapo-like organization seizing firearms and denying gun owners their constitutional rights.
U.S. Senate: According to an announcement by Senators John Cornyn and Chris Murphy a “bipartisan deal” on gun laws has been reached yesterday. The exact language of “the deal” has yet to be written. The framework according to NBC News reports includes federal money for the implementation of state “red flag” laws, “more rigorous” background checks for gun purchasers between 18-21 years of age, new penalties for “straw purchases” and federal dollars for mental health service and school safety provisions. All media outlets are reporting that 10 Republicans and 10 Democrats have okayed the concepts. Senator Murphy’s tweet announcing the “deal” can be found here.
2022 Politics
During the rest of the month of June these states will be holding primary elections: On June 14 ME, NV, NC and SC; and on June 28 CO, IL, NY, OK and UT.
Alaska: The first count in a special election on June 11th is narrowing down the field of candidates for the August 16th special election to fill the Congressional seat of long-serving Representative Don Young, who recently passed away. There will be 3 more announcements on June 15, 17 and 21, The top four finishers will be running in the special election scheduled for August 18. At the moment in order of votes received here are the current top candidates: Sarah Palin (R), Nick Begich (R), Al Gross (NP) and Mary Peltola (D). State officials will certify the results of the election on June 25. The final special election for just this seat in Congress will be held on August 16, 2022, which is also the primary election date for all 2022 candidates.,
Kansas: The gubernatorial race will pit the current Governor Laura Kelly (D), who not only vetoed a school security bill last year but also removed any 2021 funding for school safety, against Attorney General Derek Schmidt (R), who is promoting a plan that would make funds available again for school safety and also double the amount from previous years. Schmidt is also promoting HB2657, a bill to require extra penalty for felons who illegally possess weapons when committing new felonies.
State Legislatures
Arizona: The following bills have not had a vote in the Senate Rules Committee: HB2166, exempting firearms and firearms safety equipment from sales taxes, HB2414, allowing law-abiding citizens to store firearms in locked vehicles on school grounds, HB2316, expanding areas where Right-to-Carry permittees can lawfully carry. And HB2473, prohibiting the state from doing business with banks that discriminate against legal firearms’ businesses.
California: This is the final push by anti-gun Democrats in the legislature. Hearings and mark-ups are being scheduled for the coming week: On June 13 The Senate Appropriations Committee will consider AB1769, prohibiting gun shows from using the 31st District Agricultural Association venues, and AB2156, prohibiting 3D printing of firearms parts and reducing the number of firearms that can be manufacture to 3 per year. On June 14 the Senate Judiciary Committee will consider AB1594, allowing members of the public to sue firearms industry, as well as AB2571, banning advertising of firearms or ammunition that is “attractive to minors/“. In the Assembly the Judiciary Committee will consider SB1327, a bill to give anyone the right of suing anyone else who breaks CA gun laws.SA passed SB1327, creating a “private right of action” for any person against another person who breaks California laws regarding firearms. With the furor over the tragedies in Buffalo, NY and Uvalde, TX we can expect the CA legislature to keep passing anti-gun, anti-freedom and anti-Second Amendment bills until adjournment.
Delaware: OnThursday the House passed HB450, a so-called “assault weapons” ban with a limited grandfathering provision. As the deadline for adjournment approaches Delaware’s legislature that is controlled by Democrats in both Houses is pushing for the passage of a number of other anti-2nd Amendment measures including raising the purchase age from 18 to 21, banning large capacity magazines and an anti-firearms manufacturers bill.
Florida: Rep. Joseph S. Geller (D-100)sent a letter to his colleagues in the legislature asking for a special session on “gun violence in our state.” According to Florida law 60% of the legislature must call for a special session in order to have one. The deadline was June 10 and the super majority vote failed.
Hawaii: Gov. Ige signedHB2075 on June 6.
Louisiana: On May 11 the House passed HB978, a bill prohibiting government business with large companies that have policies that target the firearm industry. A similar bill passed in 2021 but was vetoed by Gov. Edwards. On April 20th the HB37, a constitutional carry bill, and HB868, creating an online handgun course to be offered by the State Police for free, passed the House. Both bills are awaiting action in the Senate Judiciary Committee.
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 and it has been referred to the Governmental Accountability and Oversight Committee.
New Hampshire: The Senate passed HB1636. It now goes to Gov. Sununu.
New Jersey: The Senate Judiciary Committee is holding a hearing on S1893, promoting lawsuits against firearms manufacturers on June 13.
New York:The legislature has adjourned. As a 48-hour deadline for adjournment was approaching, the Democrat controlled legislature steamrolled their 10-bill package through the legislature. It was a repeat of the passage of the 2013 passage of the SAFE act. No hearings, no discussion, just passing laws for their PR value. Senators were unable to answer question concerning their bills, the only answer provided was “we have to do something.” According to media analysis even Gov. Hochul refused to take any questions about the bills that were passing at breakneck speed. According to The NY Times, “The State Legislature passed a broad package of gun bills that will raise the minimum age to buy a semiautomatic rifle to 21, ban most civilians from purchasing bullet-resistant body vests and revise the state’s so-called red flag laws, making New York the first state to approve legislation following shootings in Buffalo and Texas that left a total of 31 dead.”It will take time to fully comprehend how this legislation will curtail Second Amendment rights in the state.
North Carolina: Gov. Roy Cooper(D) has called on Congress to require universal background checks and an assault weapons ban. He has also proposed a NC assault weapons ban as well.
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: The legislature has adjourned.
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.
Rhode Island: Although the legislature is scheduled for a June 30th adjournment, three new anti-gun bills have passed the House of Representatives: H6614, a ban of magazines holding more than 10 rounds with no grandfathering; H7457, increasing the age requirement for purchase of firearms and ammunition to 21; and H7358, banning the loading of shotguns and rifles in public. A vote is scheduled in the Senate Judiciary Committee on June 14.
South Carolina: The South Carolina legislature has adjourned. HB4614, allowing Sunday hunting on state Wildlife Management Areas, failed to pass before adjournment.
Vermont: Before the Vermont legislature adjourned it passed S281, allowing the use of suppressors while hunting. On June 1 Gov. Phil Scott (R) signed the bill into law. Vermont becomes the 41st state to allow the use of suppressors while hunting. It goes into effect July 1, but it has a two-year sunset provision.
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: There has been speculation on Twitter about which Justice will be writing this opinion—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 postponed. This case deals with the regulation of bump stocks by ATF.
Duncan v. Bonta: Has been postponed.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. The Supreme Court is considering 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 Attorneys General 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.
Non-SCOTUS Federal cases
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 in 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.
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
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 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.
Daniel Doubek v. Joshua Kaul: The Wisconsin Supreme Court ruled on a case where Daniel Doubek had his Right-to-Carry permit revoked because of a prior misdemeanor conviction. A unanimous opinion reversed the lower court order. “DOJ improperly revoked Doubek’s CCW license based on its incorrect view that Doubek was prohibited from possessing firearms under federal law. We reverse the circuit court’s decision affirming the revocation and remand to the circuit court to provide Doubek the appropriate relief.”
GOA v. Sheriff Garry McFadden: In 2021 this lawsuit was filed after people experienced illegal delays in attempting to get Right-to-Carry permits in Mecklenburg County, NC. WSCOTV reported that “
“Defendant McFadden’s custom, policy, and practice of refusing to timely issue pistol purchase permits and concealed handgun permits” … violates the … “North Carolina Constitution because the Sheriff’s actions infringe on the right ‘of the people’ to keep and bear arms, rights that ‘shall not be infringed,’” according to the lawsuit.” As a result, the Sheriff’s office has stated that fingerprinting will be available on a first come, first serve basis.
Edmonds v. Bass: The Washington State Supreme Court ruled this past week on the city of Edmonds appeal from the Bass v. Edmonds. The Supreme Court upheld the decision by the Washington Court of Appeals that the city of Edmonds had violated the Washington state preemption law. Thus the ordinance requiring that guns be locked up and kept out of unauthorized hands is no longer applicable. This will certainly affect the ongoing case regarding a similar ordinance passed by the city of Seattle.
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.
