By Tanya Metaksa
What’s New— Alabama: HB272, is now awaiting a vote in the House; Arizona: Two self-defense bills, HB2414 and HB2316 passed the Senate Judiciary Committee 5-3; California: Committees are meeting on firearms bills this week; Colorado: HB22-1086, a ban on open carry at voting locations, will be heard by the State, Veterans & Military Affairs Committee; Georgia: last Monday was “gun day” at the legislature—SB259, SB319, SB479; Indiana: HB1077, has now become a constitutional carry bill; Kansas: SB482, prohibiting discriminatory business behavior to the firearm’s industry passed the Senate Committee on Federal and State Affairs; SB532, the firearm safety bill, is scheduled for a vote on March 7; Ohio: A constitutional carry bill, SB215, is on its way to Gov. Mike Dewine’s desk; South Dakota: Both HB1162, and SB195 have now passed both Houses of the legislature and go to Gov. Kristi Noem; Virginia: The Assembly is expected to vote on SB8, Sunday Hunting on March 7 ; Washington: In the first week of March 2 bills are awaiting Gov. Jay Inslee’s consideration: SB5078 and HB1705; Judicial: Duncan v. Bonta—NRA-ILA and CRPA have petitioned SCOTUS for certiorari on the Duncan v. Bonta case. Washington: State House of Representatives passed ESSB 5078, banning so-called “large capacity magazines,” on late-night vote. Only two Democrats voted against it along with all Republicans. Bill now goes to anti-gun Gov. Jay Inslee.
Biden-Harris Administration
BATFE: Published in the Federal Register a rule defining an “Antique Firearm” and codifying secure Gun Storage requirements of the 1999 Omnibus Appropriations Act. Rule to be finalized February 3, 2022. Forced Reset Triggers: Firearms Policy Coalition (FPC) alleges that there is an internal email regarding “forced reset triggers—specifically referring to “Rare Breed and Wide-Open Triggers (FRT Trigger).” They offer good advice if contacted about this issue by BATFE.
2021 Congressional Activity
H.R. 1620, Violence Against Women Act, is still awaiting action in the U.S. Senate
The Outdoor Recreation Act, S.3266, introduced by U.S. Senate Energy and Natural Resources Committee Chairman Joe Manchin (D-W.V.) and Ranking Member John Barrasso (R-Wyo.) on Dec. 2. Information on this bipartisan outdoor recreation bill can be found here.
Discretionary spending for FY2022: The Biden Administration is asking Congress to increase spending for combatting “the Gun Violence Public Health Epidemic.” Part of these funds will be given to the states and localities to “improve background check systems” and “incentivize State adoption of gun licensing laws.” Firearms Policy Coalition has a website dedicated to stopping this bill.
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
Many pundits are predicting a red wave in the 2022 Congressional elections. At the moment the U.S. Senate is split 50-50 and the Democrats have only a six-member majority in the House of Representatives. Every race where there is a possibility for change will be highly contested. This column will cover such races as events unfold.
California: The second recall of Los Angeles District Attorney George Gascon has started. 160 days to gather 570,000 signatures. DA Gascon is a George Soros supported DA who fails to punish law breakers.
Massachusetts: NSSF’s Larry Keane tweeted “RT Massachusetts Democratic Attorney General Candidate Supports repealing the Second Amendment.” The AG candidate is Shannon Liss-Riordan.
Texas: This past Tuesday was primary day in Texas. Republican turnout exceeded the Democrat turnout by 800,000 voters. The Democrat candidate for Governor is none other than Beto, “Hell yes, we’re going to take your AR-15!”, who is now attempting to disown that statement. On the Republican side current Governor Greg Abbott got 68% of the vote. The most recent poll gives Abbott a 10% lead over “hell yes, we’re going to take your AR-15!” O’Rourke.
State Legislatures
The following states do NOT have a legislative session scheduled in 2022: Montana, Nevada, North Dakota and Texas. Adjourned legislatures: New Mexico
Alabama: The House of Representatives passed HB272, constitutional carry, by a 2/3 margin.
Alaska: SB136/HB179, preventing the prohibition, regulation, or seizure of citizens’ Second Amendment rights during a declared State of Emergency, are being considered in committees
Arizona: The Senate Judiciary Committee voted do Pass (5-3) on both HB2414, allowing law-abiding citizens to store firearms in locked vehicles on school grounds, and HB2316, expanding areas where Right-to-Carry permittees can lawfully carry. The Senate voted to pass SB1177, mandating the sending of renewal notices for Right-to-Carry permits. The House Judiciary Committee passed HB2473, prohibiting the state from doing business with banks that discriminate against legal firearms’ businesses, HB2166, exempting firearms and firearms safety equipment from sales taxes, was passed by the House Ways & Means Committee 6-4. On Jan. 20 SB1123, allowing campus carrying, was passed by the Senate Judiciary Committee; HB2166, exempting firearms and firearms safety equipment from sales taxes is before the House Ways & Means Committee; HB2489, creating a provisional carry permit for adults aged 18-20 failed by one vote in the House.
California: On March 8 the legislature is holding three hearings on firearms’ bills: The Assembly Public Safety Committee will hear AB1688, repealing parts of the microstamping requirements, and AB1769, banning gun shows in Ventura County.The SenatePublic Safety Committee will hear SB915, banning any type of firearm or parts sale on public property and The Senate Natural Resources and Water Committee will consider SB865, reducing the maximum age for reduced fee junior hunting licenses. Gov. Newsom held a press conference to introduce a new package of onerous gun laws in February: AB1594, allowing individuals and the Attorney General to sue firearms manufacturers and sellers; AB2571, prohibit marketing of weapons to children; and AB1621, further control making personal weapons. SB906, requiring parents to tell schools whether there is a gun in the home, has been introduced and the 30-day delay for printing has been waived; it is now before the Public Safety Committee and the Education Committee. The General Assembly passed AB311, restricting the sale of “precursor” parts at gun shows on in early February. AB1594, to allow civil lawsuits against the firearms industry was introduced. The bill tries to define the firearms industry as a “public nuisance.” AB1769, prohibiting gun shows in Ventura County has been introduced. In 2021 AB173, allowing university and college researchers, to get data concerning gun purchasers, was passed and signed into law. CRPA has a good article on the ramifications of that law.
Connecticut: SB16, AN ACT ADDRESSING GUN VIOLENCE AND JUVENILE CRIME, introduced at the request of Governor Ned Lamont is before the Joint Committee on Judiciary.
Colorado: HB22-1168, hunter education legislation, was passed by the House Agriculture, Livestock and Water Committee Feb. 14. HB22-1086, banning open carry at polling places, was passed by the House State, Civic, Military, & Veterans Affairs Committee. The House Public & Behavioral Health & Human Services postponed HB22-1033, constitutional carry, indefinitely. Feb 10 the Senate Committee on Agriculture & Natural Resources postponed indefinitely (killed) SB22-031, a bill to prohibit hunting bobcat, lynx and mountain lion. According to the Denver Post “Centennial Rep. Tom Sullivan, father of Alex Sullivan, said he’s still working out the specifics of his bill, but that he plans to introduce it this legislative session.” His bill would prohibit 18-20-year-old citizens from purchasing so-called “assault rifles.” Denver—Now that the preemption law was abolished in the 2021 session, localities are racing to pass gun control ordinances. A new ordinance in Denver was passed by 10-1 vote of the City Council and signed by Mayor Michael Hancock that will “make it illegal for anyone to possess, wear, carry, transport, display, flourish, discharge, manufacture or sell any non-serialized firearm.”
Florida: Rep. Anthony Sabatini has introduced both HB103, a constitutional carry bill, and HB6007, allowing Right-to-Carry permittees to carry on Florida college/university campuses. Gov. DeSantis has now publicly urged the passage of HB103. Lee Williams (The Gun Writer) has posted an article regarding Senate President Wilton Simpson that states:
Simpson, an alleged Republican from Trilby, is content to once again let constitutional carry die off quietly during the current legislative session, even though it would restore the God-given constitutional rights of millions of Floridians to what the Framers had in mind when they wrote the Second Amendment.
***Two bills have been introduced, HB181 and SB334, requiring a background check when purchasing ammunition.
Additionally, anti-gun Representative Gary Farmer (D) has introduced three anti-gun bills: SB204, requiring all firearms sale to be done through an FFL, SB210, repeal current FL law that prohibits firearm registration and SB214, banning the sale and possession of so-called “assault weapons” and large capacity magazines.
Georgia: The last Monday in February was gun day in the Senate:SB319, constitutional carry, passed the Senate 34-22. SB259, dealing with how firearms in the custody of law enforcement are handled, passed 33-20; and SB479, strengthening felons in possession law, passed 43-9. It now goes to the House where a companion bill, HB1358, was introduced with 53 House co-sponsors. HB218, a carry-over bill that grants recognition to Right-to-Carry permits from out-of-state was amended and then passed in the House; The Senate has passed the House version and it now goes to Gov. Brian Kemp, who is expected to sign it.
Hawaii: HB2075, was heard by the House Committee on Judiciary and Hawaiian Affairs, while the Senate companion bill SB3043 was just deferred in the Senate;SB3043, making changes due to theYukutake v. Connors court case decision, is before the Senate Committee on Public Safety, Intergovernmental and Military Affairs.
Idaho: SB1262, preventing the prohibition, regulation, or seizure of citizens’ Second Amendment rights during a declared State of Emergency, was passed by the Senate and now has passed the House by 58-9. It now goes to Gov. Brad Little.
Indiana: HB1077, constitutional carry, passed the House 64-29. After the Senate amended HB1077 with a flawed amendment, that could not be changed in time, legislators used a conference committee to insert the HB1077 language into SB209, a cannabis bill that was being considered in a conference committee. Now according to the rules, SB209 has become a bill that must pass one more committee and then go for a Yes/No vote without amendments in both Houses.
Illinois: Gov. J.B. Pritzker signed HB2791, increasing the number of communities that can apply for grant money for gun violence programs. This bill passed the Senate with no dissenting votes and the House 71-41. It allocates $100 million for this program. As State Rep. Rita Mayfield argued, “This is $100 million, this is not free money…it is $100 million that will be appropriated in January whether we have it or not.”
Iowa: SF2250, a self-defense bill, passed the Senate Labor and Business Relations Committee by a vote of 7-4. With 1/3 of Iowa counties having declared themselves “second Amendment sanctuaries”, SF2002, a bill to prevent law enforcement and local governments from enforcing federal gun regulations, passed a subcommittee of the Senate Judiciary Committee on a 3-2 vote.
Kansas: SB482, a bill to prohibit discrimination by businesses against lawful firearms businesses, passed the Senate Federal and State Affairs Committee.
Maine: A carry over bill, LD1068, that expands red flag law in Maine, was considered by the Judiciary Committee and voted “ought not to pass.” However, the bill can still be considered by the House and Senate.
Maryland: SB338, allowing preliminary approval of a permit to wear, carry, or transport a handgun before taking a firearms training course, was before the Judicial Proceedings Committee; Queen Anne County proposing restricting shooting ranges—interested parties can participate in a Zoom meeting of the Feb. 10 Planning Commission meeting. HB425/SB387, prohibiting so-called “ghost guns” has been reintroduced and is being promoted by anti-gun groups such as Moms Demand and Everytown. House Hearings have been scheduled for a Zoom meeting on Feb. 9 starting at 1 pm, while in the Senate Judicial Committee the hearing will be in-person on Feb 16 starting at 1 pm. For further information please check out MarylandShallIssue.org
Michigan: A group of bills were introduced to promote “red flag” legislation in Michigan. The bills include SB856, SB857, SB858. The House Government Oversight Committee is considering HB5187 and HB5188, which prohibit the Michigan State government from restricting Second Amendment rights during a declared state of emergency. During Governor Whitmer’s declared state of emergency for COVID-19, she failed to include firearms and ammunition retailers as essential businesses.
Missouri: House General Laws Committee voted to pass both HB1462 and HB1660, that together will allow law-abiding citizens to carry for self-defense on public transit. The bills now proceed to the House Rules Committee.
Nebraska: The Judiciary Committee held a hearing for LB773, a constitutional carry bill, on January 20, but no action has been taken. Michael Bloomberg’s Mom’s Demand Action is in Iowa opposing this bill.
New Hampshire: The House Criminal Justice and Public Safety Committee held hearings and executive sessions on gun bills. HB1636, allowing the carrying of a loaded firearm in an off-highway vehicle was voted “ought to pass” and now goes to the full House. Three other bills—HB1688, requiring background check for the sale of firearms; HB1096 and HB1151, banning the open carrying of firearms within 100 feet of a polling place—were all voted “inexpedient to legislate.” The Senate Judiciary Committee held a hearing on two pro-gun bills: HB307 would allow anyone to file suit against local ordinances and HB197 allowing individuals to defend themselves against unlawful attacks. The Committee passed HB307 on a vote of 14-10 and now the bill returns to the House for concurrence.
New York: S1192B/A-7246B, requiring persons possessing any firearm to hold a firearms safety certificate, was passed by the Senate Codes Committee on Jan. 31—this is part of the effort to blunt any SCOTUS decision on the New York Rifle & Pistol Assn case; A08684, banning firearms from many public places has been introduced. New York City—“Police will begin random luggage checks on interstate coach buses coming into the Port Authority in an effort to stop an increasing number of guns coming across state lines” was a headline on a New York City website.
Ohio: HB227, a constitutional carry bill, passed the legislature. HB325, that guarantees Second Amendment rights during a state of emergency, has passed the House Government Oversight Committee on a 8-5 vote. The Ohio Senate passed SB185, that guarantees Second Amendment rights during a state of emergency. 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.
Oregon: Encouraged by Attorney General Ellen Rosenblum (D), who supports and is supported by former Mayor Michael Bloomberg’s minions, Democrat Senator James Manning, Jr. has introduced SB1577, an undetectable firearms bill that includes banning so-called “ghost guns.”
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. New bills: HB1900, banning gun sales to anyone “whose name is included on the terrorist screening database” has been introduced. HB393, includes ammunition background checks in its dealer licensing requirements. The following pro-gun bills are still awaiting action. The following anti-gun bills are still in the House Judiciary Committee: HB361, a bill to undo the firearms pre-emption statute, and HB364, destroying confiscated firearms.
South Dakota: Both HB1162,clarifying the definition of a loaded firearm, and SB195, clarifying self-defense, have now passed both Houses of the legislature and go to Gov. Kristi Noem. SB212, eliminating the carry permit fee and clarifying reciprocity for out-of-state permit holders was amended and passed by the Senate and a House Committee. It is awaiting action on the House floor. Gov. Noem is expected to sign it as she recently tweeted, “I am proposing the elimination of all fees for concealed carry permits. SD will also pay the cost of the federal background check. In my proposal, it won’t cost you a penny to exercise your 2nd Amendment rights in South Dakota.”
Tennessee: Anti-gun media and Mothers Demand Action are all upset about HB2523/SB2194, that would allow people with enhanced Right-to-Carry permits the ability to carry into some presently restricted areas.
Utah: SB115, 1st Substitute,clarifying preemption and providing for civil action and remedies for a violation of the law, passed the full Senate by 20-5 and has passed the House. This bill now goes to a conference committee ro work out the differences in the bills that passed each House. SB133, criminalizing private firearms transfers, was defeated in committee;
Vermont: Gov. Phil Scott lost no time in vetoing S30,a carry-over bill that started as a bill to restrict carrying a firearm in a hospital and morphed into an omnibus gun control bill. However, there is plenty of time left for the anti-gun politicians to resurrect this measure and/or work to override the veto.
Virginia: The Senate Judiciary Committee passed by indefinitely (killed) HB204, HB325, HB509 and HB827 all passing the House on a party line vote. In the 2021 state-wide election only members of the state House of Representatives were up for election, thus anti-gun politicians are still in charge of the Senate. As a result, all House passed pro-gun bills have been rejected by the Senate Committee on the Judiciary. The entire Senate will be running for election in 2023. While SB310, banning homemade firearms, was passed by the Senate and then killed in the House Public Safety Committee.
Washington: TheSenate passed bothHB1705, banning so-called ghost guns, and HB1630, prohibiting anyone from carrying a firearm at municipal meetings and off-campus school board meetings. HB1705 now goes to Gov. Jay Inslee, while HB1630 must return to the House for concurrence. HB1630, HB1705, and SHB1901.
BULLETIN: In a late-night vote, the House passed ESSB 5078 banning so-called “large-capacity magazines.” Only two Democrats voted against it along with all Republicans. Bill now goes to anti-gun Gov. Jay Inslee.Gun owners are outraged and magazine sales are likely to remain brisk until law takes effect.
Wisconsin: S570, limiting civil liability for firearms manufacturers, sellers, and associations passed both Houses and now goes to Gov. Tony Evers.The Senate passed AB495, allowing persons to keep their firearms and ammunition in their vehicle while on school property when dropping or picking up a student, and AB518, recognizing out of state Right-to-Carry permits. Both bills now go to Gov. Tony Evers. Two more pro-gun bills, AB498, lowering the minimum age for Right-to-Carry permit from 21 to 18; and AB597, allowing Right-to-Carry permittees to carrying in a place of worship, have passed the House and are awaiting action in the Senate.
West Virginia: HB4048, allowing law abiding citizens to have loaded firearms in their vehicles, passed the Senate. The bill must return to the House for concurrence. Last week Attorney General Patrick Morrisey issued a press release that stated, “West Virginia Attorney General Patrick Morrisey and Arizona Attorney General Mark Brnovich led a group of 25 states in urging the U.S. Supreme Court to defend the rights of gun owners in West Virginia and beyond.”HB4038, expanding constitutional carry to 18-21 year olds, has been introduced and is before the House Judiciary Committee.
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 is impacting 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)
Duncan v. Bonta: Chuck Michel, the lead attorney on this case summarizes the CRPA & NRA-ILA’s petition for certiorari:
As reported previously, a three-judge panel of the Ninth Circuit held in August 2020 that California’s ban on standard-capacity magazines is unconstitutional. That decision struck down California’s statewide prohibitions on both possessing and acquiring such magazines, upholding a 2019 decision from the United States District Court in San Diego secured by CRPA and its attorneys at Michel & Associates, P.C. The historic Duncan panel decision was, unfortunately, vacated and later overturned when the case was heard en banc, by an expectedly unfriendly en banc panel—composed of 7 judges appointed by Democrats and just 4 appointed by Republicans.
The Supreme Court petition filed yesterday asks the Court to review the en banc decision, observing that, in the years since Heller, too many states have doubled down on their disdain for the People’s right to keep and bear arms, imposing increasingly severe restrictions on protected Second Amendment conduct. California, of course, has long been at the forefront of this rights-squelching practice. And the courts, for their part, have done precious little to suppress it. To the contrary, opinions like the Ninth Circuit en banc decision in Duncan all but encourage the states to continue thumbing their nose at the Supreme Court and its decisions in Heller and McDonald.
CRPA argues in its petition, “[l]ike other courts upholding such laws …, the Ninth Circuit approved California’s confiscatory law by applying a dilutive two-step mode of analysis that resembles no other form of heightened scrutiny but operates almost exactly like the balancing approach expressly rejected by this Court in Heller.” CRPA also argues that it is time for the Court to accept the Ninth Circuit’s invitation to step in and “tell [the lower courts] to stop” disrespecting the Second Amendment by applying an utterly toothless form of “heightened” scrutiny that almost guarantees that any law that intrudes upon the right to arms will be upheld.
Michel says he is “proud of CRPA’s efforts to put an end to California’s confiscatory ban on magazines that come standard with some of America’s most popular handguns and rifles. No matter what the outcome of Duncan, though, CRPA will continue its tireless fight against our state’s draconian gun control regime.”
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.
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen: One of Jason Miyares first actions as Virginia Attorney General was to send a letter to SCOTUS informing them that “Virginia no longer adheres to the arguments contained in the previously filed brief. Virginia is now of the view that New York’s handgun permit regime is irreconcilable with the Second Amendment.“ Oral argument transcripts can read here and listened to here. Amicus briefs can be found here. 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.
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
GOA v. Garland: The ruling by the en bancU.S. Court of Appeals for the Sixth Circuit on Dec. 3, 2021, resulted in an 8-8 tie that affirmed the original ruling by the District Court. Since there are two conflicting Circuit Court decisions it is likely that SCOTUS will take up the case. The original case was brought against BATFE’s rule that “bump stocks”, a non-mechanical accessory, transform firearms into a machine gun. The US District Court for the Western District of Michigan ruled against a preliminary injunction, thus the case was appealed to the U.S. Court of Appeals for the Sixth Circuit, where a three-judge panel vacated (reversed) that ruling. The U.S. Department of Justice appealed for a rehearing en bank putting the case back on the docket for oral arguments. Eighteen states filed an amicus brief in opposition to the bump stock ban.
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:
NRA v. Cuomo: This case is set for oral arguments on January 13, 2022.Filed in 2018 in the US District Court for the Northern District of New York alleges that Gov. Cuomo and NY Department of Financial Services (NYDFS) violated the First Amendment rights of the NRA. The Gov. and Maria T. Vullo (Chair of NYDFS) did so by sending “guidance” letters to banks and insurance companies that do business in New York State urging them to stop doing business with NRA.
Ban on firearms for citizens ages 18-21 in federal court
Andrews v. McCraw: this lawsuit filed on Nov. 9 seeks to overrule NRA, Inc. v. McCraw in the Fifth Circuit Court of Appeals.
Baughcum, Jr. et al. v. Jackson, et al: a case in the US District Court for the Southern District of Georgia against a state ban against 18-21 year olds Second Amendment rights.
NRA v. Swearingen: 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.
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.”
State cases
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, the IL Supreme Court has scheduled a hearing on this case for March 16. If the IL Supreme Court upholds this decision the only remaining appeal by the State of Illinois would be to the US Supreme Court.
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. On Jan 26 the court granted the plaintiffs motion to proceed using Pseudonyms.
