By Tanya Metaksa
Biden Administration: Dettelbach hearing set for this week, while more endorsements are being promoted by the administration; Congress: Three anti-gun U.S. Senators re-introduce the “Federal Firearms Licensing Act.
State Legislation: Alaska: adjourned and no gun bills were passed; California: The Senate and House Appropriations Committees passed 10 bills that now go for a vote in their respective Houses; Colorado: The Colorado legislature has adjourned. Hawaii: HB2075 on its way to Governor Ige; Illinois: Gov. Pritzker signs HB4383; Louisiana:the House passed HB978; Minnesota: SF4062 is awaiting action in a conference committee; Missouri: the legislature adjourned; North Carolina; the legislature adjourned; Oklahoma: HB3144, prohibiting the state from doing business with banks that discriminate against legal firearms’ businesses, but is being held up by Republican Majority Leader Greg McCortney; South Carolina: The South Carolina legislature has adjourned. Vermont: The Vermont legislature has adjourned. Politics: Georgia: The primary is May 24; Pennsylvania held its primary on May 17; Judicial: Duncan v. Bonta: Distributed for conference of May 16 at SCOTUS has been relisted; Daniel Doubek v. Joshua Kaul: WI Supreme Court rules a misdemeanor conviction cannot be used to revoke a Right-to-Carry permit.
Biden-Harris Administration
Biden announcements: A month ago Biden announced the nomination of Steve Dettelbach to the position of Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, commonly abbreviated as ATF. A hearing before the Senate Judiciary Committee is schedule for this week. More information on this nomination: Lee Williams’ and Dave Workman’s on Dettelbach.
2021 – 2022 Congressional Activity
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. Ammoland News also digs into the controversial legislation.
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. Election Day is Tuesday, Nov. 8. 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.
Alaska: The death of long-serving Representative Don Young has set up a free-fo-all for the nomination in a special election on Aug. 16. Former Governor Sarah Palin, who became the running mate of Presidential candidate John McCain in 2008, has announced her candidacy with the endorsement of former President Donald Trump.
Georgia: The primary is May 24. 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.” The next day NRA-ILA announced it was endorsing Gov. Kemp. Kemp is running in a primary versus David Perdue.
Pennsylvania: In the Republican primary race for US Senate looks as if it will go to a recount between Dr. Mehmet Oz and David McCormick that would begin on June 1. Whoever is the winner will run against Lt. Gov. John Fetterman, a progressive who has touted lower prison sentences.
In the primaries for Governor state legislator Doug Mastriano, who was supported by Donald Trump, won the Republican nomination to run 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 Trump.
State Legislatures
Alaska: The Alaska legislature has adjourned. Both SB136/HB179, preventing the prohibition, regulation, or seizure of citizens’ Second Amendment rights during a declared State of Emergency, and HB203, “safe storage” legislation, failed to be passed before adjournment.
Arizona: HB2166, exempting firearms and firearms safety equipment from sales taxes, was passed by the House 31-28 and has now passed the Senate Finance Committee 6-4. 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 passed HB3144, stopping government agencies from working with companies that discriminate against Second Amendment related businesses. The House Judiciary Committee passed 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.
Connecticut: The Connecticut legislature has adjourned. SB16, Governor Lamont’s budget which includes ant-gun provisions, passed the House on May 4 and was signed by Lamont. This bill would ban Right-to-Carry permittees from carrying on public transportation and at polling places and ban open carry near a demonstration. It also includes “millions in funding for gun violence prevention.”
Hawaii: HB2075, passed the House and the Senate and is on its way to Governor Ige.
Illinois: Gov Pritzker signed HB4383, originallya non-firearm bill, that was amended by Rep. Kam Buchner (D) with a so-called “ghost guns” amendment.
Kansas: Gov. Laura Kelly signs HB246, a lifetime hunting and fishing permit for children. The legislature is scheduled for adjournment this week.
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.
Minnesota: SF4062, a pro-gun omnibus funding bill that included increasing funding for the Game & Fish Department, has passed both the Senate and House and members of the conference committee have been appointed.
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:As a result of the Buffalo shooting Governor Hochul has introduced a package of new bills. Emails are being sent out to handgun licensees who must rectify their status. The NY Safe Act requires recertification every five years. The New York State Police says that recertification may take place online by visiting the New York State Pistol Permit Recertification page.
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; A9573/S8164, establishing criminal penalties for unlawful gun storage, have been introduced.
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.
South Carolina: The South Carolina legislature has adjourned. HB4614, allowing Sunday hunting on state Wildlife Management Areas, failed to pass before adjournment.
Tennessee: The Tennessee legislature has adjourned.
Vermont: The Vermont legislature has adjourned
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.
US Supreme Court (SCOTUS)
The SCOTUS decision in New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen currently pending 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. An opinion piece in the Washington Post took a sky-is-falling approach, declaring in the headline that the ruling could “drastically expand the right to carry guns,” as if this is a bad thing.
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.” 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.
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
Center for Biological Diversity v. U.S. Fish and Wildlife Agency: Under the Trump Administration the U.S. Fish & Wildlife Service opened more that 2.3 million acres on 106 National Wildlife Refuges and National Fish Hatcheries to hunting and fishing opportunities in 2020. As a result, the Center for Biological Diversity sued the Fish & Wildlife Service on last November 28 in federal district court in Montana. Although NRA-ILA, Safari Club International, Sportsmen’s Alliance Foundation and Rocky Mountain Elk Foundation have partnered and filed a motion to intervene and dismiss this lawsuit, the District Court ruled that hunters “have no interest” in this suit and denied the motion to intervene.
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. The opening brief by the NRA was filed on August 17, 2021 before the US Court of Appeals 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.
State cases
Daniel Doubek v. Joshua Kaul: The Wisconsin Supreme Court ruled on a case where Daniel Doubek had his Right-to-Carry permit revoked because of a prior misdemeanor conviction. A unanimous opinion reversed the lower court order.“DOJ improperly revoked Doubek’s CCW license based on its incorrect view that Doubek was prohibited from possessing firearms under federal law. We reverse the circuit court’s decision affirming the revocation and remand to the circuit court to provide Doubek the appropriate relief.”
GOA v. Sheriff Garry McFadden: In 2021 this lawsuit was filed after people experienced illegal delays in attempting to get Right-to-Carry permits in Mecklenburg County, NC. WSCOTV reported that “
“Defendant McFadden’s custom, policy, and practice of refusing to timely issue pistol purchase permits and concealed handgun permits” … violates the … “North Carolina Constitution because the Sheriff’s actions infringe on the right ‘of the people’ to keep and bear arms, rights that ‘shall not be infringed,’” according to the lawsuit.” As a result, the Sheriff’s office has stated that fingerprinting will be available on a first come, first serve basis.
People of the State of Illinois, Appellant, v. Vivian Brown, Appellee. Appeal, Circuit Court: On Feb. 2018 the Circuit Court of the Second Judicial Circuit, Illinois, found that the requirement to have a Firearms Owner ID card in order to legally possess a firearm in the home for self-defense was unconstitutional. Several motions to reconsider were filed and the Court denied the motion to reconsider on Oct. 16, 2018. The state of IL appealed to the IL Supreme Court on Nov. 11, 2018. Finally, an oral hearing was held by the IL Supreme Court in March. No timetable has been issued for a decision.
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, 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.
