By Tanya Metaksa
What’s New— The US Supreme Court (SCOTUS) issued its opinion in New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen. By a 6-3 verdict written by Justice Clarence Thomas the Court ruled, “The constitutional right to bear arms in public for self-defense is not ‘a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.'” Biden Administration: President Biden signed the BiPartisan Safer Communities Act on June 25.; Arizona: the legislature is scheduled to adjourn and the only bill that has passed as of 6/27/22 is SB1177 and is on its way to the governor; California: Seven bills, are awaiting final action in both the Assembly and the Senate. Delaware: SB6, a magazine ban, HB450, a so-called “assault weapons” ban and SB302, allowing lawsuits against the firearm industry have passed both Houses; New Hampshire: Gov. Sununu signs HB1636, allowing the carrying of a loaded firearm on an ATV; New Jersey: last week Democrat legislators moved a number of gun bills in each House, but the sessions were chaotic and very little information is available; Rhode Island: Gov. Daniel McKee had a bill signing with Shannon Watts, founder of Moms Demand, for H.6614, H.7358, and H.7457.
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. The Senate is in pro forma sessions until after the Fourth of July holiday. A final vote on Dettelbach will probably be scheduled when the Senate returns from its Fourth of July recess and he will become the first confirmed Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives in seven years.
2021 – 2022 Congressional Activity
BiPartisan Safer Communities Act The US media has been pushing for another federal “gun bill” for a long, long time. Supported by a growing number of professional agitators against the Second Amendment they succeeded in passing a bill that met the criteria of “doing something” after two school shooting shocked the nation. A group of 20 Senators, 10 Democrats and 10 Republicans brokered a “deal” that passed an 80-page bill in less than a week. There were no hearings, no committee meetings, and the Senators had less than 35 hours to read, question the final proposal and propose amendments that were overridden. Most of the bill includes funding for mental health proposals that may or may not help the growing mental health crisis. The three areas that gun owners should be concerned about are:
- The federal government’s support of state sponsored red flag laws
- The stripping of constitutional rights from American citizens between the ages of 18-21
- The Brady law expansion in the area of persons rejected by the National Instant Check System (NICS).
The bill passed the Senate with the help of 15 Republican Senators, none of whom are up for reelection in 2022, and with 14 Republicans supporting it in the House. President Biden quickly signed it on Saturday, June 25, less than 24 hours after it had passed the House. Dave Workman covered the reaction by many pro-gun groups in this article.
2022 Politics
Primary elections: On June 28 CO, IL, NY, OK and UT.
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).
State Legislatures
Arizona: The legislature is scheduled to adjourn on June 30th. 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 both Houses and is on its way to Gov. Ducey. It appears that 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, will not pass this year.
California: The following bills are still awaiting final action in both Houses: In the Senate 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, In the Assembly SB1327, a bill to give anyone the right of suing anyone else who breaks CA gun laws. SB505, a gun insurance mandate bill, passed the Senate and has been sent to the Assembly Judiciary Committee.
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, 2022.
Louisiana: The Louisiana legislature has adjourned.
Missouri: The Missouri legislature has adjourned.
New Hampshire: Gov. Sununu signed HB1636. allowing the carrying of a loaded firearm on an ATV .
New Jersey: There are legislative sessions scheduled for June 30 and July 1. Several bills may be considered and the opportunity for amendments is always present. As of the end of the week of June 22 it is unclear which gun bills have passed. The Senate Judiciary Committee passed S1893, promoting lawsuits against firearms manufacturers, on June 13.
Rhode Island:Gov. Daniel McKee had a bill signing with Shannon Watts, founder of Moms Demand, in attendance, for H.6614, a large capacity magazine ban, H.7358, banning homemade firearms, and H.7457, raising the age to own a firearm from 18 to 21.
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)
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen: On June 23, 2022 SCOTUS handed down their decision in this case—the first gun rights case in over a decade. Writing for the majority, Justice Clarence Thomas said the Second Amendment is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” Petitions before SCOTUS requesting certiorari that have been 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. It will be interesting to see if any of these cases are granted certiorari.
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.
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.
