By Tanya Metaksa
What’s New—US Supreme Court to take up case dealing with carrying of firearms outside the home in the 2021-22 session:
BATFE: publishes new definition of “firearm”; Arizona: SB1382, passed both Houses and was signed by Gov. Doug Ducey on May 7, 2021; Colorado: The Senate State, Veterans, and Military Affairs Committee has scheduled a hearing for SB256, while HB1298 and HB1299 up for votes in the House; Kansas: AfterGov. Laura Kelly HB2089, and HB2058, the legislature successfully overrode her veto on HB2058; Louisiana: Both houses have passed constitutional carry: SB11 & HB596; the House passed HB124, Right-to-Carry clarification; Montana: HB504 passes both Houses; New Hampshire: House Criminal Justice Committee to vote on SB141 on May 10; North Carolina: HB398, repealing the local pistol permit to use the NICS background check, passed the House; Oregon: SB554, an omnibus gun control measure, is on its way to Gov. Brown; South Carolina: HB3094 passed the Senate; Texas: HB1927, constitutional carry, passes the Senate; Judicial: New York State Rifle & Pistol Assn v. Corlett: On April 26, 2021 the US Supreme Court voted to consider this case that deals with Right-to-Carry permits;
Biden-Harris Administration
Biden-Harris Administration: On May 7ththe BATFE published a proposed rule entitled Definition of ‘Frame or Receiver’ and Identification of Firearms. It will probably be formally published in the federal register on May 10, 2021. Currently a firearm is comprised of many components. The component that legally classifies this conglomeration of component 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.
Letter from Senators regarding US Firearms sales abroad: Three Democrat Senators, Feinstein, Menendez and Leahy have sent a letter to President Biden requesting that he reinstitute the State Department’s oversight of Firearms’ sale abroad. During the Trump Administration’s rule making process it was Senator Menendez who put a “hold” on the rule in 2019 delaying the process for at least 6 months. The rule became effective on March 9, 2020. Additionally, the Trump administration in July 2020 rescinded a 2002 policy that had halted the export of American made firearm suppressors to the rest of the world.
Bureau of Alcohol, Tobacco, Firearms and Explosives
With the nomination of Chipman our prediction that the BATFE would be “an overactive and aggressive BATFE agency that is adversarial in both tone and substance” is hardly an exaggeration. The publication of the proposed rule on “receivers” should make the hearings in the Senate for the BATFE Director very interesting.
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. Florida, Georgia, Indiana, Kansas, Kentucky, Maryland, Mississippi, Montana, New Mexico, North Dakota, South Dakota, Tennessee, Utah, Virginia, West Virginia and Wyoming have adjourned for the year.
Alabama: HB405, permitless carry, has passed the House Public Safety and Homeland Security Committee by a voice vote. SB308, the lifetime carry permit bill, has now passed the legislature. It has the fee at $300 and is on its way to Gov. Kay Ivey.
Alaska: 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 Ducey 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: On May 3 the Senate Appropriations Committee will be considering SB264, banning gun show on state-owned property,andSB715, requires the hunting license of an adult under 21 to be currently valid as a purchase identification. During the week of April 19, 2021 the following bills were passed by committees: SB715 passed the Senate Public Safety Committee; and AB1237, mandates that the California DOJ supply personal information in regards to firearms to state agencies and non-profits, passed the Assembly Privacy and Consumer Protection Committee. The Assembly Appropriations Committee is holding a hearing on AB311 that bans the display or sale of precursor firearm parts at gun shows on state property. AB1223, adding a $25 tax to each firearm sold, and AB311, prohibiting the display or sale of precursor parts, passed the Assembly Public Safety Committee. AB1237, requiring the CA DOJ to give information concerning firearms sales to the UC Gun Violence Research Center, is before the Assembly Public Safety Committee.
Colorado: The Senate State, Veterans, and Military Affairs Committee has scheduled a hearing for SB256, repealing Colorado preemption law, for May 11, 2021. The full House will be voting on HB1298, allowing an indefinite delay of firearms transfer, and HB1299, sets up an Office of Gun Violence Prevention paid for by tax dollars, very soon SB78, a bill to fine gun owners that do not promptly report a lost or stolen firearm, has passed the legislature. The mandatory firearms safe storage bill, HB1106, passed the House 40-25 and is now awaiting votes in the Senate.
Connecticut: HB6255, an expansion of the people who can petition for an ex party order to seize an individual’s firearms, passed the Joint Judiciary Committee and now proceeds to the House.
Delaware: House Judiciary Committee issued a favorable report on SB6 that 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 by June 30, 2022. The bill will now be considered by the entire House. 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: HB286, shooting range funding bill, passed the Senate and now goes to Gov. Little.
Illinois: The House Judiciary Committee heard two bills on April 22: HB1091, banning private transfers of firearms, and HB1092, a bill that makes getting an FOID card more difficult and costlier. After the hearing the bills were referred back to the House Judiciary Committee. HB4055, a bill to ban home-built firearms, has been introduced. This bill specifically bans making firearms by 3D printing.
Iowa: 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, passed the Senate, while the House passed HB596, its version of constitutional carry. The House also passed HB124, Right-to-Carry clarification, and it is on its way to the Senate.
Maine: No info available on what the Committees did on May 6 and 7 on firearms bills. LD1138, stand your ground legislation, had a hearing April 26, and a vote is scheduled for May 3. Also on May 3 a vote is scheduled on LD1033. Sunday hunting is scheduled before the Inland Fisheries and Wildlife Committee.
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.
Missouri: HB52, allowing carrying of firearms for self-defense on public transport and in private vehicles, passed the House and now passed the Senate General Laws Committee. HB1068, designating firearms businesses as essential, introduced by House Speaker Pro-Tem John Wiemann is scheduled for a hearing before the House General Laws Committee on March 29,2021. HB212, allowing persons to keep their firearms and ammunition in their locked vehicle while on private property, has passed both the House General Laws Committee and sent to the Legislative Oversight Committee and now goes to the full House.
Montana: The Montana legislature has adjourned. HB504, a bill to protect Second Amendment businesses as well as citizens Second Amendment rights, has been passed by both houses and now awaits Gov. Gianforte’s consideration. Gov. Greg Gianfortesigned HB259, nullifying federal bans or regulations regarding firearms and accessories and HB102, a constitutional carry bill,
Nebraska: After the Biden-Harris announcement of gun control actions, Gov. Pete Ricketts stated “My Administration won’t let President Biden “Shred the Second Amendment.” LB115, creating a waiting period for handgun purchases and increasing permit fees, had a hearing on Feb. 24, 2021. LB300, that clarifies the current Castle Doctrine law and extends it to one’s vehicle, is scheduled for a hearing March 3, 2021 before the Judiciary Committee.
Nevada: AB286, which was rammed through the Assembly Judiciary Committee, after bill filing deadline, passed the Assembly. It expands gun free zones and bans home-built firearms. SB6, expanding red flag laws was passed by the Senate Judiciary Committee; AB42, a bill that expands the list of 2nd Amendment prohibited persons is before the Assembly Judiciary Committee, but no action has been taken.
New Hampshire: HB307, strengthening pre-emption statutes; and HB334, allowing a loaded firearm on an ATV, both passed the House. The Senate Judiciary Committee will be voting on HB197, a self-defense bill. The Senate passed SB141, making the handgun purchase the equivalent of the current long gun purchase requirement and it is scheduled for a vote in the House Criminal Justice Committee on May 10.
New Jersey: Gov. Phil Murphy who has kept his citizens locked down for over a year, has announced his new gun control package on 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 scheduled before the Senate Law & Public Safety Committee March 11.
New York: The State Senate is having a hearing on May 3 among the bills being heard are: S1192A, requiring any gun owner to get a “firearms safety certificate”; and S5000A, dealing with criminal possession and disposal of crime guns. Have you heard of A581? Probably not yet, but it may be the harbinger of gun legislation in the coming months. A581 makes it mandatory for any gun owner that has or wants a Right-to-Carry permit to have purchased liability insurance coverage first. In 2019 NY Attorney General Letitia James made it illegal for online retailers to sell unfinished receivers in New York State. Now S13 and S14, that make it a felony for anyone to sell, transfer or exchange incomplete receivers. Is it any wonder that since Andrew Cuomo became Governor 1.5 million people have left the state?
North Carolina: Two bills, SB687 and HB398, torepeal the pistol purchase permit requirement, have been introduced.The House passed HB398 on May 4. House passes HB134 on a 72-44 vote. HB134, is the companion bill to SB43. By a vote of 31-18 The Senate passed SB43, allowing citizens with Right-to-Carry permits to carry in a place of worship. A similar bill was passed by the legislature in 2020 but vetoed by Gov. Cooper. A veto override failed. This year the vote totals may be enough to override any veto.
Ohio: HB89, the Duty to Notify bill, is 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. City of Columbus postponed a hearing on a gun control ordinance that included banning 10-round magazines even though Ohio has a preemption statute.
Oklahoma: Pro-gun bills still viable after committee passage deadline: HB1630/SB105, modifying requirements for purchase and carry permits; HB1662, self-defense clarification; HB2645, “cleaning up” language for Right-to-Carry; SB644, allowing municipal employees to carry while at work; SB646, allowing Right-to-Carry in a bar if person is not drinking; SB672, allowing transportation of a long gun in a motor vehicle; SB925, allowing for defensive display of firearm; and SB732, strengthening state preemption statute.
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: Introduced and sent toHouse Judiciary Committee. HB361, a bill to undo the firearms pre-emption statute, HB364, destroying confiscated firearms; and HB393, state firearms dealer licensing. On March 22, 2021 PA Attorney General Josh Shapiro wrote a letter to Attorney General Garland requesting a new rule by the BATFE to treat unfinished firearms’ frames and receivers as fully-finished firearms. Shapiro calls it the “80% receiver” loophole.
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.
South Carolina: H3096, a constitutional carry bill, passed the House 69-47 and is now before the Senate Judiciary Committee. HB3094, allowing handgun open carry, passed the House and the Senate Judiciary subcommittee issued a favorable report on April 29.
South Dakota: ATF has finally certified a South Dakota Right-to-Carry permit as an alternative to NICS background check.Gov. Noem is supporting the passage of HB1212, an enhanced stand your ground law, that passed the Senate on March 8, 21-14. SB100 prohibits the elimination of Second Amendment rights during a State of Emergency and SB111reduces fees for some Right-to-Carry permits. Both bills were passed on Feb. 16 by the legislature.
Texas: HB1927, constitutional carry, passed the Senate Special Committee on Constitutional Issues.The following billswere passed by the House of Representatives: HB1927, constitutional carry; HB1500, establishing that Second Amendment related business are essential businesses; HB1856, protecting hotel guests’ Second Amendment rights; HB918, lowers eligibility age for Right-to-Carry permit to 18; and 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. The Senate passed: SB18, establishing that Second Amendment related business are essential businesses; 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; SB1253, preserves the ability for Texas of obtain a Right-to-Carry permit for purposes of reciprocity. All these bills will now be considered by the “other” house.
Vermont: H145, a policing bill, was amended with language that could put a Good Samaritan in jeopardy. It has now gone to Gov. Phil Scott. He should be asked to veto the bill. House Judiciary Committee passed H133, requiring forfeiture of firearms when a temporary restraining order is issued. S30, prohibiting firearms in certain public buildings, hospitals and day care centers passed the Senate Judiciary Committee.
Washington: SB5038, making open carry a crime for anyone attending a “demonstration,” passed the Senate 28-20. It then passed the House on a 57-40 vote before going back to the Senate for concurrence. Observers expect Gov. Jay Inslee to sign.
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.
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.
Mai v. United States: Duy T. Mai filed this case in 2017. Over 20 years ago a Washington state court involuntarily committed Mai for mental health treatment when he was 17 years of age. After litigation there have been splits between Circuit Courts on the issue of whether he is prohibited permanently from exercising his Second Amendment rights. Unfortunately, his petition to the U.S. Supreme Court for certiorari was denied on April 26, 2019.
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.
Caniglia v. Strom: This case was argued before SCOTUS on March 24. A decision will be made before the 2021 term ends in June. A 4th Amendment case before the US Supreme Court (SCOTUS) that deals with the issue of firearms in the home being seized by the police without a warrant. The Federal District Court held that police activity in furtherance of these entering the home and seizing firearms does not violate the Fourth Amendment as long as it is executed in a “reasonable” manner. The case began with a domestic dispute where the wife called the police on her husband because the previous day
