By Tanya Metaksa
Biden Administration: Joe Biden is exploiting the Uvalde school shooting to demonize 9mm pistols, misrepresenting the power of the cartridge, and attacking a gun that was not used in the crime.
Congress: Expect lots of new anti-gun, anti-Second Amendment bills introduced as a result of the school shootings in NY and TX; Kansas: The legislature adjourned this past week; Minnesota: the legislature adjourned and SF4062 died; Oklahoma: HB3144, prohibiting the state from doing business with banks that discriminate against legal firearms’ businesses is awaiting concurrence, but is being held up by Republican Majority Leader Greg McCortney;
Politics: Georgia: Gov. Brian Kemp, Sec. of State Raffensberger, Herschel Walker, Rep. Marjorie Taylor Green are all winners; Arkansas and Texas winners; Alabama: Run off between Katie Britt and Mo Brooks in Republican US Senate race; Judicial: Rare Breed Triggers v. Garland: ATF’s decision to ban triggers made by Rare Breed Triggers; National Shooting Sports Foundation v. Letitia James: the firearms industry against the NY state law holding manufacturers civil liable for “nuisances;” Firearms Owners et.al v. City of Pittsburgh: a preemption case decided 2-1 in favor of plaintiffs
Biden-Harris Administration
Biden announcements: Biden’s second nominee to the position of Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, commonly abbreviated as ATF, was before the Senate Judiciary Committee this past week. Lee Williams’ has an update on the Steve Dettelbach hearing. It looks as if there may be enough votes in the Judiciary Committee to send Dettelbach’s nomination to the full Senate after Memorial Day recess.
The president, after visiting Uvalde and offering remarks to the nation that quickly went from comforting families of the victims and the community to a partisan attack on the firearms industry and Second Amendment rights of American gun owners. He has now offered remarks attacking 9mm pistols—which were not used by the killer—and suggested they should be banned.
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), reintroduced the Federal Firearm Licensing Act, legislation that would require individuals to obtain a firearm license from the Department of Justice (DOJ) before purchasing or receiving a firearm.” The bill does not have a number yet but it appears to be a rehash of S.2449, introduced originally in 2019-2000 session. Dave Workman’s article summarizes it well.
The House of Representatives passed gun control legislation using two bills: HR8, a “universal background check” bill and HR1446, a bill that would allow the FBI “NICS” check to be delayed indefinitely without “proof” that the buyer is not eligible to purchase. The votes were 227-203 for HR8 and 219-210 for HR1446.
2022 Politics
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.
Alaska: Former Governor Sarah Palin has announced her candidacy to succeed the late Congressman Don Young, who passed away some months ago, with the endorsement of former President Donald Trump.
Arkansas: Sarah Huckabee Sanders, President Trump’s former press secretary, will be the Republican candidate for Governor.
Georgia: Gov. Brian Kemp, the NRA-PVF endorsed candidate won his Republican primary easily. Georgia passed a new election law that Democrats and anti-gun activists decried its enactment. The Washington Post reported, Voting is surging in Georgia despite controversial new election law.” When Gov. Brian Kemp signed constitutional carry, @GiffordsCourage tweeted, “Gov. Brian Kemp has ignored the voices of Georgia and caved to the special interests of the corporate gun lobby.As governor, @StaceyAbrams will lead with courage and conviction, and put Georgians first. It’s time to vote Kemp out.” You can bet the anti-2A groups will be supporting Abrams this fall. Another winner in the U.S. Senate race—Herschel Walker (R), who will be running versus Sen. Raphael Warnock. In the new 7th District two Democrat both strong supporters of Moms Demand battled in the primary in which Lucy McBath was the ultimate winner. Rep. Marjorie Taylor Green won her primary as well.
Pennsylvania: In the Republican primary race for US Senate 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.
Texas: Incumbents – Gov. Greg Abbott and Attorney General Ken Paxton – both won their primaries.
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.
Colorado: The Colorado legislature has adjourned.
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 signs HB4383, originallya non-firearm bill, that was amended by Rep. Kam Buchner (D) with a so-called “ghost guns” amendment.
Kansas: The legislature adjourned this past 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: The Minnesota legislature has adjourned and SF4062, a pro-gun omnibus funding bill that included increasing funding for the Game & Fish Department, died.
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. She is pushing the “strengthening of red flag laws.” 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. The SCOTUS 2021 term decision of New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen that is being decided has impacted not only some of the cases currently being decided in the federal courts, but some courts are enjoining government from enforcing recently passed ordinances and laws.
US Supreme Court (SCOTUS)
Awaiting decision by SCOTUS before the end of 2021-2022 term:
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen: 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. The Supreme Court is considering 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 writ of certiorari with the U.S. Supreme Court. This case was filed originally filed in 2019 seeking a preliminary injunction against the BATFE’s reclassification of “bump stocks” as “machine-guns”. The district court upheld the BATFE interpretation, as did a panel majority of the Tenth Circuit. The Tenth Circuit then granted a petition for review en banc. Then the Tenth Circuit vacated its prior order and reinstated the panel opinion. This case is now before SCOTUS asking for a writ of certiorari to the Tenth Circuit to rehear the case en banc. This case is similar to GOA v. Garland listed below.
Non-SCOTUS Federal cases
National Shooting Sports Foundation v. Letitia James: This case deals with the enactment of a law to hold the gun industry civilly liable for “public nuisances.” NSSF filed this case on Dec. 16, 2021.
Rare Breed Triggers v. Garland:This case was filed in Aug 2021 and sought a preliminary injunction to stop ATF from taking action against Rare Breed Triggers. A judge in denied the request and the case continues.
Grey Wolves Litigation: Returning the management of gray wolves to the states and delisting them as endangered is now in the US District Court Northern District of California. A decision by a judge vacated the Interior Department 2020 ruling. The State of Utah, NRA and SCI have appealed that decision to the Ninth Circuit Court of Appeals on April 11.
All firearms cases before the Ninth Circuit Court of Appeals (CA and west coast) have been put on hold until after the SCOTUS decision in New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen has been published. That includes Duncan v. Bonta and Miller v. Bonta:
Ban on firearms for citizens ages 18-21 in federal court
Jones v. Bonta: This case name was changed when former CA AG Becerra left his position. 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 Aug. 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.
State cases
Firearms Owners et.al v. City of Pittsburgh: A case brought by Firearms Policy Coalition against the city of Pittsburgh based on the Pennsylvania preemption statute. It was decided 2-1 in favor of plaintiffs. Immediately the mayor of Philadelphia announced it would be appealed to the Pennsylvania Supreme Court.
Daniel Doubek v. Joshua Kaul: The Wisconsin Supreme Court ruled on a case where Daniel Doubek had his Right-to-Carry permit revoked because of a prior misdemeanor conviction. A unanimous opinion reversed the lower court order. “DOJ improperly revoked Doubek’s CCW license based on its incorrect view that Doubek was prohibited from possessing firearms under federal law. We reverse the circuit court’s decision affirming the revocation and remand to the circuit court to provide Doubek the appropriate relief.”
GOA v. Sheriff Garry McFadden: In 2021 this lawsuit was filed after people experienced illegal delays in attempting to get Right-to-Carry permits in Mecklenburg County, NC. WSCOTV reported that “
“Defendant McFadden’s custom, policy, and practice of refusing to timely issue pistol purchase permits and concealed handgun permits” … violates the … “North Carolina Constitution because the Sheriff’s actions infringe on the right ‘of the people’ to keep and bear arms, rights that ‘shall not be infringed,’” according to the lawsuit.” As a result, the Sheriff’s office has stated that fingerprinting will be available on a first come, first serve basis.
Edmonds v. Bass: The Washington State Supreme Court ruled this past week on the city of Edmonds appeal from the Bass v. Edmonds. The Supreme Court upheld the decision by the Washington Court of Appeals that the city of Edmonds had violated the Washington state preemption law. Thus the ordinance requiring that guns be locked up and kept out of unauthorized hands is no longer applicable. This will certainly affect the ongoing case regarding a similar ordinance passed by the city of Seattle.
People of the State of Illinois, Appellant, v. Vivian Brown, Appellee. Appeal, Circuit Court: On Feb. 2018 the Circuit Court of the Second Judicial Circuit, Illinois, found that the requirement to have a Firearms Owner ID card in order to legally possess a firearm in the home for self-defense was unconstitutional. Several motions to reconsider were filed and the Court denied the motion to reconsider on Oct. 16, 2018. The state of IL appealed to the IL Supreme Court on Nov. 11, 2018. Finally, an oral hearing was held by the IL Supreme Court in March. No timetable has been issued for a decision.
Howard Jarvis Taxpayers Assn., et al v. City of San Jose: In Feb. 2022 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.
