By Tanya Metaksa | Contributing Editor
What’s New– Judicial: Miller v. Bonta: U.S. District Court Southern District of California ruled against California’s “assault weapons” ban, declaring it to be unconstitutional. An appeal to the 9th U.S. Circuit Court of Appeals in San Francisco is certain; J. Barris v. Stroud Township: Ban on discharging firearms illegal; Board of Regents v. State of Montana: Montana Supreme Court declines to take case; Wyoming Gun Owners v. Buchanan: protecting the privacy of contributors.
Biden_Harris Administration: Please comment on BATFE’s proposed new rule on “Frames & Receivers” now awaiting public comment: California: AB1223, adding new excise taxes to gun and ammo sales still alive; Illinois: Legislature adjourns–HB1091, banning private transfer and increase FOID fees fails; Louisiana: SB118, constitutional carry, has passed the legislature. Nevada: legislature adjourned, SB452 fails in Assembly; New Hampshire: SB141 passed the legislature; New York: final push in NY Senate for gun bills; North Carolina, SB43 passed the House; Oklahoma: The legislature adjourned. Texas: HB1927, SB19 and SB30 are awaiting consideration by Gov. Abbott.
Biden-Harris Administration
BATFE Director nomination: David Chipman was scrutinized by several Republican Senators during his appearance before the Senate Judiciary Committee. Two articles by Dave Workman Here and Here. Stephen Gutowski also covered the hearing on his website, The Reload. Most of the mainstream media covered Chipman in a positive manner. The vote on David Chipman to become Director of the BATFE will be close, your Senators must hear from you.
Comments on proposed regulations: On May 21, the BATFE published a new proposed rule in the Federal Register entitled Definition of ‘Frame or Receiver’ and Identification of Firearms. Comments will be accepted until August 19, 2021. Every gun owner is encouraged to submit comments: Through the Federal eRulemaking Portal on the internet: www.regulations.gov. By fax: 202-648-9741. By U.S Postal mail:
Andrew Lange, Office of Regulatory Affairs
Enforcement Programs and Service
Bureau of Alcohol, Tobacco, Firearms and Explosives
99 New York Ave., NE Mail Stop 6N-518
Washington, DC 20226
ATTN: AFT 2021R-05
Contact info for questions is: 202-648-7070
If you click on this link regulation.gov it will take you to the appropriate page. There you can read what others have written and submit your own comments.
Currently a firearm is comprised of many components. The component that legally classifies this conglomeration of component parts as a “firearm” is the component known as the receiver. Licensed manufacturers and importers must mark the receiver with a serial number, manufacturer or importer name, model and caliber. The point of this proposal is to enable BATFE to have the authority to call almost any component of a gun a “firearm”, thus making the manufacturing of guns a process dependent on pre-approval from BATFE. It is being sold by the anti-gun cabal as eliminating “ghost guns.” We will follow this ongoing saga and let everyone know how to respond during the comment period, which runs for 90 days from publication in the Federal Registry.
Politics
2021 is an election year in the states of New Jersey and Virginia for the constitutional officers and the legislature.
Pennsylvania-Kevin Brobson, who was endorsed by the NRA, Firearms Owners Against Crime, and Gun Owners of America secured the Republican nomination for an open seat on the state Supreme Court with 52% of the vote in a 3-way race.
Missouri-the race for U.S. Senate 2022: Mark McCloskey, the man who defended himself and his wife with firearms during a BLM protest in his private neighborhood, has announced that he will be a candidate for the Republican nomination for the open U.S. Senate seat. This article sums it up.
Oregon: Two “gun reform” petitions in Oregon has garnered the 2,000 signatures needed for a ballot title approval by the Attorney General. IP17 ban the sale of “large capacity” magazines and require permit and background check to purchase a firearm and IP18 bans the sale of “assault weapons.”
2021 Gun Bills in the U.S. Congress
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.
A few of the other anti-gun proposals:
H.R. 1207, Stop the Online Ammunition Sales Act of 2021, is a licensing scheme requiring all ammo sales to be in person. It also mandates anyone selling ammunition have a new federal license and keep a list of all buyers while reporting all sales of 1,000 rounds or more.
S.736 is Senator Dianne Feinstein’s new “assault weapons” ban. Its title is “A bill to regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes.” Text still not available yet.
Pro-gun:
H.R. 38, the Concealed Carry Reciprocity Act, was introduced again by Rep. Richard Hudson (R-NC). This bill allows travelers to possess and receive a firearm under federal law if they have a government issued ID card and have a Right-to-Carry permit or reside in a state that allows lawful concealed carry. H.R. 95, remove silencers from definition of firearms.
2021 State Legislation
All state legislatures were/are in session in 2021. Twenty-nine legislatures have adjourned: Alabama, Florida, Georgia, Illinois, Indiana, Idaho, Iowa, Kansas, Kentucky, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming.
Alaska: SB136, a bill to protect Second Amendment businesses during a state of emergency, passed the Senate Community and Regional Affairs Committee. HB11, allowing for defensive display of a firearms, was heard by the House Community and Regional Affairs Committee. HB179, a bill protecting Alaskans from infringement on their Second Amendment rights during a state of emergency, has been introduced.
Arizona: Gov. Doug Doucy signed SB1382, preventing frivolous lawsuits against the firearms industry, on May 7, 2021. Afterthe House passedHB2840, allowing storing of loaded firearms on school grounds in locked vehicle, and HB2551, allowing Right-to-Carry permittees to carry weapons at certain establishments and events, The Senate Judiciary Committee passed the bills.
Arkansas: SB298, declaring federal laws that”restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of Arkansas” as null and void, has passed the legislature. SB573, stopping municipalities creating gun free zones was passed by the House, it will be sent back to the Senate for concurrence. SB24, eliminating the duty fo retreat, was signed by Governor Asa Hutchinson.
California: Although a vote in the Assembly for AB1223, adding a $25 tax to each firearm sold, failed to attain the required 2/3 of votes, (tax bills need a 2/3 majority vote to pass) it will be reconsidered at a future date. The Senate has now approved SB264, banning gun show on state-owned property,SB715, requiring the hunting license of an adult under 21 to be currently valid as a purchase identification, and AB1237, mandating that the California DOJ supply personal information in regards to firearms to state agencies and non-profits,
Colorado: The House State, Veterans, and Military Affairs Committee amended SB256, repealing Colorado preemption law, and passed it on May 11, 2021. Final Senate votes are occurring on HB1298, allowing an indefinite delay of firearms transfer, and HB1299, sets up an Office of Gun Violence Prevention paid for by tax dollars. The mandatory firearms safe storage bill, HB1106, was signed by Gov. Jared Polis.
Connecticut: HB6255, an expansion of the people who can petition for an ex party order to seize an individual’s firearms, passed the House.
Delaware: Two bills, SB3 (a handgun licensing bill) and SB6 (prohibits the ownership of magazines with a capacity of more than 17 rounds and requires all gun owners to sell their large capacity magazines to the state) have been sent by the House Judiciary Committee to the entire House for a vote. The Delaware Senate pushed through two anti-gun bills on the last day of March. Senate Substitute 1 for SB3 creates a new requirement for purchasing a handgun–pass a training course and get a purchase permit good for 180 days. Check out the analysis of the bills.
Florida: The Florida legislature has adjourned. SB1884, fixing a problem when local governments pass ordinances that violate the Florida state preemption statute and then when sued they withdraw the ordinance thus avoiding paying any damages and court costs, passed Senate. It now goes to Gov. Ron DeSantis who is expected to sign it. HB259, the House version of restoring private property right to religious institutions, passed the House and then the Senate on April 27, 2021.
Hawaii: The Senate passed HB1366, banning the manufacture or possession of firearms or parts for “ghost” guns, and HB31, a mandatory safe storage bill. These bills now go to Gov. David Ige. The Senate passed SB307, banning firearms that fire fifty caliber or higher, and SB301, banning so-called “assault rifles” and “assault shotguns”.
Idaho: The Idaho legislature has adjourned. Gov. Brad Little signed HB286, shooting range funding bill. Illinois: The Illinois legislature has adjourned. All anti-gun laws die.
Iowa: The Iowa legislature has adjourned. Governor Kim Reynolds lost no time in signing HB756, a constitutional carry bill, and HF621, protecting the firearms industry from frivolous lawsuits.
Kansas: The legislature has recessed until next year and bills will carry over. I reported that Gov. Kelly had vetoed SB40, that included protection for businesses that engage in the firearms trade from being regulated during an “emergency.”That report was in error asGovernor Laura Kelly signed that bill. However, she vetoed HB2089, firearm safety education training, and HB2058, a pro-gun omnibus measure. On May 3 the legislature overrode the veto on HB2058 and it will go into effect on July 1, 2021.
Louisiana: SB118, constitutional carry, has passed the legislature. It now goes to Gov. Edwards. The House also passed HB124, Right-to-Carry clarification, and it is on its way to the Senate.
Maine: Most gun bills have been carried over to the next session of the legislature. However,LD805, banning guns at polling locations, has now resurfaced before the Maine Senate as “unfinished business.”
Massachusetts: Among many anti-gun bills introduced are HD135, requiring background check for private gun sales, and HD136, requiring liability insurance for gun ownership–failure to carry the insurance would result in a fine of $500 to $5,000, up to a year in prison, or both.
Michigan: Two pro-gun bills have passed the House: HB4030 and HB4498, together these bills reduce fees for Right-to-Carry permits.
Minnesota: The Minnesota legislature has adjourned. However, a special Session is scheduled for June 14 and any bills may be reconsidered.
Missouri: The Missouri legislature has adjourned. HB85, blocks local police from enforcing federal gun laws, has been sent to Gov. Mike Parson.
Nebraska: The Nebraska legislature has adjourned. LB236 was signed by Gov. Pete Rickets. LB236, became an omnibus pro-gun bill when it was amended with the language from LB85, require Nebraska State Police to notify a CHP (Concealed Handgun Permit) holder concerning renewal; LB173, clarifying the law regarding carrying of firearms in a vehicle; and LB244, allows the renewal of a CHP 30 days after expiration.
Nevada: The Nevada legislature has adjourned. The gun-free zone expansion bill that was backed by the Las Vegas casinos, SB452, passed the Senate but was not considered in the House before the legislature adjourned. Both houses have passed AB286, banninghome built firearms, AB42, a bill that expands the list of 2nd Amendment prohibited person, and SB6,expanding red flag laws. All go to anti-gun Governor Sisolak.
New Hampshire: SB141, fixing the handgun purchase process has passed the legislature and how goes to Gov. Sununu. The Senate passed HB334, allowing a loaded firearm on an ATV, it now returns to the House for concurrence. HB307, strengthening pre-emption statutes, has not had a vote in the Senate yet.
New Jersey: 2021 is an election year in New Jersey, votes on the gun control proposals might wait until 2021. However, that didn’t stop Gov. Phil Murphy from announcing his new gun control package April 15. Among the many provisions that Murphy is proposing are smart guns, ban of 50 caliber firearms, ammunition registration, mandatory storage, mandatory firearms safety courses for everyone, making 21 years of age the minimum for firearms ownership and some variety of micro stamping of all ammunition cases. S568, a bill to require law enforcement officials to be notified if a citizen applies to the court for expungement of mental health records, was heard by the Senate Law & Public Safety Committee.
New York: As the legislative session draws to an end Senate Democrats are promoting a number of anti-gun bills:On June 2 the Senate passed: S13A and S14A, making it a felony for anyone to sell, transfer or exchange incomplete receivers; S.687, updates the definition of “toy gun”; S1048A, a bill to bypass the federal 2005 Protection of Lawful Commerce, was approved by the Senate Consumer Protection Committee; S1235, ten day waiting period prior to firearm purchase; S1251, Mandating quarterly reports on gun data; S2981, establishing a Center for Firearm Violence Research with taxpayer dollars; and S5000AB dealing with criminal possession and disposal of crime guns. S4116, requiring semi-automatic handguns to include micro-stamping technology, S1192A, requiringany gun owner to get a “firearms safety certificate”,and S5026, requiring police to seize firearms when responding to a domestic disturbance call, are on the floor calendar.
North Carolina: SB43, allowing citizens with Right-to-Carry permits to carry in a place of worship, passed the House, it now goes to Gov. Cooper. Last year Gov. Cooper vetoed a bill similar to SB43 but the veto override failed. This year the vote totals may be enough to override any veto.
Ohio: SB185, prohibiting any state agency during a declared state of emergency from restricting the lawful use or firearms or their confiscation, is schedule before the Senate Veterans and Public Safety Committee on June 1. HB297, the FIND (Firearm Industry Non-Discrimination) Act, has been introduced. NSSF, the National Shooting Sports Foundation, has been supporting these bills that “protect firearm and ammunition businesses from being canceled by ‘woke’ activists who would unfairly and unlawfully discriminate against an entire industry simply because they disagree with Americans exercising their constitutional rights.” HB89, the Duty to Notify bill, was passed by the House State and Government Committee 9-5. According to its sponsor, Scott Wiggam, the current law is unclear and the penalties for failure to notify law enforcement that a person is carrying a gun are excessive. This bill passed the House in 2020, but was not considered in the Senate.
Oklahoma: The Oklahoma legislature has adjourned. Four bills have been signed into law: HB1630/SB106, modifying requirements for purchase and carry permits; HB1662, self-defense clarification; HB2645, “cleaning up” language for Right-to-Carry; SB646, allowing Right-to-Carry in a bar if person is not drinking; and SB672, allowing transportation of a long gun in a motor vehicle; SB925, allowing for defensive display of firearm, and SB644, allowing municipal employees to carry while at work, and awaiting either a conference committee or concurrence between the Houses of the legislature.
Oregon: SB554, creating more gun free zones by giving authority to local government, universities and airports to decide, has passed the both houses of the legislature. It now goes to Gov. Brown. It includes provisions of HB2510, turning the bill into an omnibus gun control bill. HB2543, allowing indefinite delay in firearms transfers, is still viable.
Pennsylvania: House Judiciary Committee to consider HB659, constitutional carry legislation. Introduced and sent to House Judiciary Committee: HB361, a bill to undo the firearms pre-emption statute, HB364, destroying confiscated firearms; and HB393, state firearms dealer licensing.
Rhode Island: “Gun Bill Day” was held remotely on April 12, 2021 and all bills were “held for further study”, which means they can be voted on at any time before adjournment. SB73, a bill to prohibit Right-to-Carry permittees from carrying at a school. The bill is sponsored by Senate President Dominick Ruggerio so it should be taken very seriously as well as SB406, mandatory storage bill, SB414, magazine ban for any magazines hold more than 10 rounds, and SB415, a so-called “assault weapons” ban.
Texas: The Texas legislature adjourned. The 2019 session has been the most successful for gun owners since 1995 when the first Texas concealed carry law was passed. 11 pro-gun bills have been passed and sent to Gov. Greg Abbott: SB19, discouraging banks and other financial service from discriminating against Second Amendment related businesses; SB20, protecting hotel guests’ Second Amendment rights: SB550, eliminating the requirement for a specific type of holster when openly carrying a handgun; HB918, lowers eligibility age for Right-to-Carry permit to 18, HB1927, constitutional carry bill; HB1387, allows foster parents to keep loaded firearms as long as they are accessible only to them; HB1407, allowing a Right-to-Carry permittee to have a handgun in his/her vehicle that is visible in a holster but not on the permittees person; HB1500, establishing that Second Amendment related business are essential businesses; HB2657, expands raffles for non-profit organizations; HB2675, provides for expedited Right-to-Carry for at-risk individuals; and HB4346, allows carrying a firearm on a utility easement.
Judicial
We will be adding or following again those cases that have new challenges or decisions. 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.
Miller v. Bonta: Judge Roger T. Benitez ruled that California’s “assault weapons” ban is unconstitutional. The judge stayed the ruling for 30 days to allow the state of California time to appeal. For a complete description of the unprecedented ruling see Dave Workman’s article. You can read the 94-page ruling here.
J. Barris v. Stroud Township: Trial court opinion reversed. Stroud Township banned the discharge of firearms within its Township. The trial court upheld Stroud. Judge Kevin Brobson reversed the trial court’s grant of summary judgement.
Wyoming Gun Owners v. Buchanan: Wyoming Gun Owners (WyGO) has taken the state to court to protect the privacy of their contributors. This is a First Amendment case.
Meyer v. Raoul: The Second Amendment Foundation (SAF), the Illinois State Rifle Association, Firearms Policy Coalition, Inc. and three citizens ages 18-21 years of age are challenging the Illinois ban on allowing concealed carry for anyone not 21 years of age. In filing the lawsuit Alan M. Gottlieb, SAF founder notes, “Citizens in this age group enjoy nearly all of the rights guaranteed by the Constitution except when it comes to the Second Amendment. This cannot be allowed to stand.”
Board of Regents v. State of Montana: The Board of Regents of Higher Education in the State of Montana tried an end run around the normal judicial process by appealing to the Montana Supreme Court to stop the implementation of HB102 that allows firearms on college campuses. The Supreme Court turned down the Board of Regents request saying, that there was no “urgency or emergency factors exist making litigation in the trial courts and the normal appeal process inadequate.” The Board of Regents then refiled the case in Lewis and Clark County. The local judge issued a temporary restraint order stopping the campus carrying. Other parts of HB102 were not affected.
Baughcum, et al v. Jackson, et al: this case concerns “adults who have reached the age of 18 but are not yet 21–from fully exercising the right to keep and bear arms.” A case similar to Meyer v. Raoul.
State v. Mark/Patricia McCloskey: The trial date is scheduled for trial on Nov. 1. On May 25 the special prosecutor, Richard Callahan, who was appointed in February announced that the charges against Patricia McCloskey had been adjusted: the evidence tampering charge was dismissed but a misdemeanor harassment charge was added. This is the very visible case where the McCloskey’s stood out on their property with firearms defending themselves and their property. Kim Gardner, the St. Louis circuit attorney, originally charged them with felonies. She was removed from the case, and the case was given to Callahan and scheduled for Nov. 1. Background can be found in these three reports: July, August 4 and August 24 at thegunmag.com.
New York State Rifle & Pistol Assn v. Corlett: On April 26, 2021 the US Supreme Court voted to grant certiorari to this case that deals with 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 is going try and resolve the issue. It has taken more than a decade to get the Supreme Court to take up another Second Amendment case after the Second Amendment victories in Heller and McDonald.
Forrester v. School Board of Sumter County: The Florida Fifth District Court of Appeals ruled that Sumter County “enforced a legally deficient policy” and that Forester has standing to challenge the school board policy.
Bianchi v. Frosh: This is a case against Maryland’s “assault weapons” ban law brought by the Second Amendment Foundation, Citizens Committee for the Right to Keep and Bear Arms and the Firearms Policy Coalition initiated on April 19, 2021.
