By Tanya Metaksa
What’s New— Two horrific school shootings—one in Buffalo, NY and the other Uvalde,TX again produce a flurry restrictive gun legislation proposals. The Biden Administration is promoting banning not only so-called assault weapons, but also 9mm firearms. The US Senate is convening a committee of Republican and Democrat Senators to try and come to a consensus on more firearms restrictions, while the House of Representatives is promoting their own package of more “gun control bills.” Delaware: Gov. Carney (D) has proposed a gun ban package of bills; New York: during the last days of the regular legislative session both the Assembly and the Senate passed a massive gun control package which Gov. Kathy Hochul has promoted and will sign; North Carolina: Gov. Roy Cooper (D) has suggested and “assault weapons ban” bill; Rhode Island: Democrat leaders are pushing to pass anti-gun laws; Texas: Gov. Abbott has called for a special session of the legislature to study issues related to school shootings ; Vermont: S281, allowing the use of suppressors while hunting signed by Gov. Scott; Virginia: The Virginia General Assembly passed a two-year budget that did not include $27.4 million item for promoting gun safety propaganda. Washington: Second Amendment Foundation and Firearms Policy Coalition file federal lawsuit challenging state prohibition on sales of semi-auto rifles to young adults 18-20 years old.
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: Biden’s second nominee to the position of Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, commonly abbreviated as ATF, was before the Senate Judiciary Committee this past week. Lee Williams’ has an update on the Dettelbach hearing. It looks as if 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: On Thursday Rep. Jerry Nadler (D-NY), Chairman of the House Judiciary Committee, pushed through legislation that included raising the limit for firearms purchase from 18 to 21, banning large capacity magazines, and creating a fund to “buy back” those magazines. In addition Speaker Pelosi sent out a “Dear Colleague” letter announcing that “our Majority will take further action to stem the tide of gun violence.”
Three anti-gun U.S. Senators re-introduce the “Federal Firearms Licensing Act. Senator Bob Menendez’ (D-NJ) press release summarizes it well. “U.S. Senators Bob Menendez and Cory Booker (both D-NJ), and Richard Blumenthal (D-CT), today reintroduced the Federal Firearm Licensing Act, legislation that would require individuals to obtain a firearm license from the Department of Justice (DOJ) before purchasing or receiving a firearm.” The bill does not have a number yet but it appears to be a rehash of S.2449, introduced originally in 2019-2000 session. Dave Workman’s article summarizes it well.
The House of Representatives passed gun control legislation using two bills: HR8, a “universal background check” bill and HR1446, a bill that would allow the FBI “NICS” check to be delayed indefinitely without “proof” that the buyer is not eligible to purchase. The votes were 227-203 for HR8 and 219-210 for HR1446.
2022 Politics
During the month of June fourteen (14) states will be holding primary elections: On June 7 CA, IA, MT, NM and SD; On June 14 ME, NV, ND and SC; and on June 28 CO, IL, NY, OK and UT.
Alaska: Reminder: Sarah Palin, the former running mate of Presidential candidate John McCain in 2008 and former Alaska governor, has announced her candidacy to fill the empty seat left by the death of Congressman Don Young, with the endorsement of former President Donald Trump.
Georgia: Gov. Brian Kemp, the NRA-PVF endorsed candidate won his Republican primary easily. Georgia passed a new election law that Democrats and anti-gun activists decried its enactment. The Washington Post reported, Voting is surging in Georgia despite controversial new election law.” When Gov. Brian Kemp signed constitutional carry, @GiffordsCourage tweeted, “Gov. Brian Kemp has ignored the voices of Georgia and caved to the special interests of the corporate gun lobby. As governor, @StaceyAbrams will lead with courage and conviction, and put Georgians first. It’s time to vote Kemp out.” You can bet the anti-2A groups will be supporting Abrams this fall. Another winner in the U.S. Senate race—Herschel Walker (R), who will be running versus Sen. Raphael Warnock. In the new 7th District two Democrat both strong supporters of Moms Demand battled in the primary in which Lucy McBath was the ultimate winner. Rep. Marjorie Taylor Green won her primary as well.
Pennsylvania: In the Republican primary race for US Senate David McCormick conceded to Dr. Mehmet Oz on June 3. Oz will be the candidate running against Lt. Gov. John Fetterman, a progressive who has touted lower prison sentences.
In the Gubernatorial race it is state legislator Doug Mastriano, who was supported by Donald Trump, against another progressive—Attorney General Josh Shapiro, whose largest political donor is Michael Bloomberg.
West Virginia:Alex Mooney, endorsed by Trump, wins Republican primary over David McKinney, who was endorsed by both Sen. Joe Manchin and President Obama.
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: The Senate Appropriations Committee passed SB1327, creating a “private right of action” for any person against another person who breaks California laws regarding firearms; SB915, banning gun shows from public venues; SB1384, requiring all FFl;s to have video surveillance, million dollar liability insurance, and training for employees; and SB865, increasing the age for a reduced fee hunting license to 18 years of age. The Assembly Appropriations Committee passed AB1594, to allow civil lawsuits against the firearms industry; AB1621, adds more “parts” to the illegal list of precursor parts and prohibits the ownership of milling machines used for manufacturing firearms; AB1769, prohibiting gun shows in Ventura County; AB2552, more restrictions on gun shows; and AB2156, reduces to 3 number of firearms private citizens can manufacture but only with legacy methods. AB2571, prohibit marketing of weapons to children; As a result of the death of the cinematographer, Halyna Hutchins, on the set of the movie, RUST, a new bill, SB831, has been introduced. Whether that bill would have prevented the tragedy, is debatable. A report on CNN of the incident calls the entire incident a result of “willful violations” of safety rules and an “indifference to employee safety.” SB906, requiring parents to tell schools whether there is a gun in the home, passed both the Public Safety Committee and the Education Committees. The General Assembly passed AB311, restricting the sale of “precursor” parts at gun shows in early February.
Delaware: 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 anti-Second Amendment measures including an “assault weapons” ban, raising the purchase age from 18 to 21, banning large capacity magazines and a anti-firearms manufacturers bill.
Hawaii: HB2075, passed the House and the Senate and is on its way to Governor Ige.
Iowa: The Iowa legislature has adjourned. SF2250, a bill to allow citizens to store personal firearms in their cars while at work, passed the House, but failed to be taken up in the Senate.
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: A.2326/S.513, a pair of bills that had some bad consequences for persons caught with a firearm. A.2326, was amended in the Assembly Law & Public Safety Committee, while the companion was on the agenda of the Senate Law & Public Safety. As of now no action has occurred.
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: HB3144, prohibiting the state from doing business with banks that discriminate against legal firearms’ businesses, passed the Senate and the House, but is being held up by Republican Majority Leader Greg McCortney before it can proceed to the governor. HB3157, prevents the prohibition, regulation, or seizure of citizens’ Second Amendment rights during a declared State of Emergency, passed the House 79-17 and is unlikely to be voted in the Senate.
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: The legislature is schedules for a June 30th adjournment, so any and all gun bills could still be voted upon. This is another legislature that is skewed in favor of Democrats so it is likely that some bills will be brought up for a vote in the next several weeks.
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: Expect a ruling late this month as the Supreme Court breaks for its summer recess. 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.” The court will convene for the 2022-23 session on the first Monday in October.
Current petitions before SCOTUS requesting certiorari:
GOA v. Garland: Petition for certiorari has been extended to conference dated May 25, 2022. This case deals with the regulation of bump stocks by ATF.
Duncan v. Bonta: Distributed for conference of May 26 at SCOTUS. 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.Jan.14 the Supreme Court made the request as it considers 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 Attorney Generals have filed a petition for a Writ of Certiorari with SCOTUS. Distributed for conference of May 19.
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 he stated, “for better or worse” he was precluded from ruling any way other than upholding the law.
Sullivan v. Ferguson: The Second Amendment Foundation today filed a federal lawsuit against Washington State Attorney General Bob Ferguson and several other officials, challenging the state ban on so-called “large capacity magazines” for rifles and pistols. The case is known as Sullivan v. Ferguson. Joining SAF in this legal action are the Firearms Policy Coalition, Inc., a California-based group; Rainier Arms, LLC and a private citizen, Gabriella Sullivan. They are represented by attorneys David H. Thompson, Peter A. Patterson and William V. Bergstrom with Cooper & Kirk PLLC in Washington, D.C., Cody J. Wisniewski at the Mountain States Legal Foundation, and locally by Joel Ard at Ard Law Group. Besides Ferguson, defendants are Washington State Patrol Chief John R. Batiste, King County Sheriff Patti Cole-Tindall, Kitsap County Sheriff John Gese, Grays Harbor County Sheriff Rick Scott, King County Prosecutor Dan Satterberg, Kitsap County Prosecutor Chad M. Enright and Grays Harbor County Prosecutor Katie Svoboda.
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 February 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, nothing new to report on this NRA lawsuit.
