By Tanya Metaksa
What’s New— 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.
U.S. Senate: Although a so-called “consensus” has been reached on new gun-related measures, writing the actual legislation is not so easy. As of June 20 no legislation has been finalized. California: several bills are awaiting action in both the Senate and Assembly; Delaware: the legislature passed SB6, a magazine ban, HB450, a so-called “assault weapons” ban and SB302, allowing lawsuits against the firearm industry, which now go to Gov. Carney (D); SB6, banning machine gun conversion parts, and HB423, makes background checks a Delaware State Police function rather than NICS; have passed their respective houses; Indiana: California style gunshot bans coming to Indiana: Rhode Island: Although the vote scheduled on June 14 in the Senate Judiciary Committee resulted in a 6-6 tie, Senate leaders decided to pass gun control on the Senate floor.
Biden-Harris Administration
Dettelbach nomination: Judiciary Committee ended vote in 11-11 tie. That usually means the nomination will not go forward. But Majority Leader Chuck Schumer has the votes in the full Senate to bring it out of committee. Several Republicans have stated that they will vote for Dettelbach.
2021 – 2022 Congressional Activity
House of Representatives: Surprisingly the House passed HR7910, “a bill that mandates an audit of the National Instant Criminal Background Check System (NICS). This is not the first time that Massie has pushed this idea. Amazingly, the bill passed by a 380 to 47 vote.” Earlier this month, the US House of Representatives passed two restrictive gun bills. House Speaker 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 was reached last week. The exact language of “the deal” still has yet to be produced. 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. It has been reported that the Republican architect of “the deal,” Cornyn, was booed at a Republican meeting last week.
2022 Politics
Primary elections: On June 28 CO, IL, NY, OK and UT.
Alaska: A special election on June 11th has narrowed 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. At the moment in order of votes received here are the likely top candidates: Sarah Palin (R), Nick Begich (R), Al Gross (NP) and Mary Peltola (D). State officials will certify the election on June 25. The special election for just this seat in Congress will be held on August 16, 2022. That is also the primary election date for all 2022 candidates.
State Legislatures
Arizona: The legislature is scheduled to adjourn June 30. HB2166, exempting firearms and firearms safety equipment from sales taxes, has not had a vote in Senate Rules. The following bills have an objection to them being considered in the Senate: 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. AB1594, allowing members of the public to sue firearms industry, AB2571, banning advertising of firearms or ammunition that is “attractive to minors.” 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, are awaiting action on the Senate floor. In the Assembly SB1327, a bill to give anyone the right of suing anyone else who breaks CA gun laws is on the House floor. Sen. Nancy Skinner (D-Berkeley) just introduced SB505, a gun insurance mandate bill. Interesting tweet from @CaliforniaRifle, “After gun liability insurance becomes mandatory, violent criminals will have as much gun liability insurance as drug dealers have medical malpractice insurance, and as much as car thieves have car insurance.”
Colorado: Denver—City Council passed an ordinance banning concealed carry in all City of Denver-used buildings and city parks.
Delaware: The legislature passed SB6, a magazine ban, HB450, a so-called “assault weapons” ban and SB302, allowing lawsuits against the firearm industry, which now go to Gov. Carney (D who is expected to sign. The White House even put out a press release about these bills.
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. The next council meeting will be July 12.
Louisiana: The Louisiana legislature has adjourned.
Missouri: The Missouri legislature has adjourned.
New Hampshire: The Senate passed HB1636. It now goes to Gov. Sununu.
New Jersey: S2846, Upgrades certain crimes related to manufacturing firearms from third degree to second degree, was introduced. The Senate Judiciary Committee passed S1893, promoting lawsuits against firearms manufacturers, on June 13.
New York: The legislature has adjourned.
Ohio: Gov. Mike DeWine signed a bill allowing armed teachers. The bill’s training requirements are quite lengthy.
Rhode Island:Although the vote scheduled on June 14 in the Senate Judiciary Committee resulted in a 6-6 tie, Senate leaders decided to pass H.6614, a large capacity magazine ban, through a slight-of-hand legislative maneuver. The bill signing by Gov. Daniel McKee is scheduled for June 21 at 1 p.m.
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 that have been postponed awaiting NYSR&PA v. Bruen:
GOA v. Garland, Duncan v. Bonta,Dominic Bianchi et al. v. Brian E. Frosh et al., Aposhian v. Garland.
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 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.
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.
