By Tanya Metaksa
What’s New— Biden Administration: Hosted a “United We Stand” summit concerning violence and democracy on Sept. 15; USFWS: Bans traditional ammunition on newly opened 18 national wildlife refuges; Politics: Delaware, New Hampshire, and Rhode Island primary results; State/Local: Hawaii: Honolulu County schedules new firearm carry rules hearing for Oct. 4; Judicial: Boron v. Bruen: This case filed on September 13 in the US District Court for the Western District of New York challenging the enactment of S51001; Colorado—City of Broomfield: The City of Broomfield is reported to be considering a gun control ordinance at its Sept. 20 City Council Meeting. Additionally, Federal judge Raymond P. Moore declined to combine four lawsuits that have been initiated in Boulder County and its towns into one; Aposhian v. Garland: DISTRIBUTED for SCOTUS Conference of 9/28/2022.
2022 Congressional Activity/Biden Administration
US Fish and Wildlife Service: The USFWS opened 18 national wildlife refuges for fishing and hunting but banned the use of any lead ammunition and fishing tackle on these refuges. Lawrence G. Keane, Sr. VP and General Counsel of NSSF commented, “The Biden administration is capitulating to pressure from radical environmentalists and anti-hunting groups. This ban will price out hunters from accessing public lands since the cost of alternative ammunition is significantly greater than that of traditional ammunition.”
Attorney Generals (Bonta and James) from CA and NY issue joint letter to credit companies to target people buying firearms.
The BATFE Frame & Receiver rule went into effect on August 25, 2022. Corrections have been posted to the Federal register.
H.R. 8460: A bill to allow BATFE to create a national firearms registry has been introduced. The bill would allow the government to keep background check information indefinitely.
Biden Administration: Reuters reported that “the administration is actively discussing with top Democratic lawmakers what support they can provide to push the bill.”
2022 Politics
Iowa: On April 12, 2021 Gov. Kim Reynolds signed the constitutional carry bill making Iowa the 19th state to pass this law. This Nov. 8 there will be a ballot measure that will give Iowa citizens the ability add a “Second Amendment” to their constitution. The proposed amendment states, “The right of the people to keep and bear arms shall not be infringed. The sovereign state of Iowa affirms and recognizes this right to be a fundamental individual right. Any and all restrictions of this right shall be subject to strict scrutiny.”
NSSF, the Firearm Industry Trade Association, has issued a Congressional Report Card.
Biden Administration: In an effort to pass more gun control regulations the administration hosted the “United We Stand” summit on Sept. 15 with the goal of “highlighting the ‘corrosive effects’ of violence on public safety and democracy.”
Massachusetts: Last winter we covered politics and informed our readers that a candidate for Attorney General, Shannon Liss-Riordan-Riordan, supported repealing the Second Amendment. Earlier this month she was defeated by fellow Democrat Andrea Campbell. However, AG candidate Campbell is not much better, she proudly displays her Moms Demand support on her website.
Delaware: State Senate: NRA-PVF endorsed candidates: State House: Bryan Shupe (36), NRA-PVF endorsed candidate won.
New Hampshire: NRA-PVF Gov. Chris Sununu easily won the Republican nomination for relelection; In the State Senate endorsed candidates who won: Jeb Bradley (3), Daniel Innis (7), Gary Daniels (11), and Howard Pearl (17);
Reminder: State House candidates: Juliet Harvey-Bolia (Belknap 3), Mike Bordes and Dawn Johnson (Belknap 5-vote for 4); Glen Aldrich, Harry Bean, Gregg Hough, and Norm Silber (Belknap 6-vote for 4); Paul Terry (Belknap 7), Karel Crawfod (Carroll 3, vote for 2), Brodie Deshaies and John MacDonald (Carroll 6 vote for 3); Ted Gorski, Linda Gould, Laurie Sanborn, and Kristin Noble (Hillsborough 2 – vote for 7); Elizabeth Ferreira and Tom Lanzara (Hillsborough 5-vote for 3); Melissa Black, Bill Boyd, Bob Healey, Mary Mayville, Maureen Mooney and Jeanine Notter (Hillsborough 12-vote for 8); Joe Alexander and Fred Plett (Hillsborough 29-vote for 4); Jim Kofalt (Hillsborough 32-vote for 3); Keith Ammon (Hillsborough 42-vote for 2); James Mason and David Testerman (Merrimack 3-vote for 2); Jose Cambrils and Michael Moffett (Merrimack 4-vote for 2); Margaret Kennedy (Merrimack 8-vote for 3); Stephen Boyd, John Leavitt, and Thomas Walsh (Merrimack 10-vote for 4); Erica Layon, Jodi Nelson, Stephen Pearson, John Potucek, Richard Tripp, Phyllis Katsakiores, David Love, David Milz (Rockingham 13-vote for 10); Tom Dolan, Wayne MacDonald, Sherman Packard, and Doug Thomas (Rockingham 16- vote for 7); Robert Harb, and Charles Melvin Sr. (Rockingham20 – vote for 3); Fred Doucette, John Janigian, Joe Sweeney, John Sytek, and Susan Vadecasteele (Rockingham 25 – vote for 9); Aboul Khan and Tina Harley (Rockingham 30 – vote for 2); Josh Yokela (Rockingham 32), James Horgan and Joe Pitre (Strafford 1) – vote for 2); Fenton Groen (Strafford19 – vote for 3); and Skip Rollins, Steven Smith and Walter Spilsbury (Sullivan 3 -vote for 3).
Rhode Island: The only NRA-PVF endorsement are in the State House races: Barbara Ann Fenton Fung (15). , Camille Vella-Wilkinson (21), Edward Cardinal (42) and Robert Phillips (51).
State Legislatures/Local communities
California: The California legislature has adjourned. The vote on SB918, “The CA Bruen Respond Bill”, legislation to “get around” the Bruen decision by expanding gun free zones, requiring signage for where law-abiding citizens can carry and other anti-civil rights provisions, failed to get the required 2/3 votes to pass. Also AB1227, an excise sales tax of 10% on handgun and 11% on long guns that has an amendment to exempt those with a hunting license also did NOT get the necessary 2/3 majority.
Colorado-Boulder County and its towns: Colorado: Federal judge Raymond P. Moore declined to combine four lawsuits that have been initiated in Boulder County and its towns into one. (See under Judicial.)
Colorado-City of Broomfield: The City of Broomfield will be considering a gun control ordinance at its Sept. 20 City Council Meeting. The proposal would ban the sale and possession of so-called “assault weapons” and standard capacity magazines, minimum age to passed firearms would be 21, banning open carry of firearms, initiating “sensitive” places where Right-to-Carry firearms would be banned, and a 10-day waiting period on firearms purchases.
Florida: Total number of Florida Right-to-Carry permits is 2,567,032 with 8,586 new licensees.
Hawaii: A public hearing in Honolulu County to set new rules for carry licenses is scheduled for October 4. Hawaii Attorney General sent a letter to Gov. David Age concerning NYS&PA v. Bruen decision. As a result, both the Maui County and Hawaii County Police Departments are changing their permitting forms. Maui County has an online application.
Maryland: Montgomery County—Council President Gabe Abornoz introduced an ordinance, County Bill 21-22 to ban permit holders from carrying in “a place of public assembly, A petition to against this county ordinance has been started on change.org. To sign click here. The County Council was on recess in August but no information concerning this bill is available as of September 9, 2022.
New York: When renewing pistol permits those permittees that live outside of NYC, Westchester, Nassau and Suffolk counties are NOT required to show proof of training. The NY State Police required minimum standards for training can be found here.
State and Local legal Changes as a result of SCOTUS decision in New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen was a monumental decision for most Second Amendment supporters. But according to the decision “only six States…have ‘may issue’ licensing laws.” On the other hand, several gun organizations including the U.S. Concealed Carry Association (USCCA) believe that number to be as high as nine. The six that everyone agree upon are: California, Hawaii, Maryland, Massachusetts, New Jersey and New York. The remaining three are Connecticut, Delaware and Rhode Island. Several states, New York and California to date, have already changed their laws to try to maintain the ability to strictly control of who can “carry” a firearm outside the home. While on the other hand two states: Massachusetts and Maryland have decided to remove restrictions on carry permits.
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)
Aposhian v. Garland: In May 2019 as a result of the 2017 Las Vegas shooting BATFE issued a regulation that classified bump stocks that had been legal and owned by many citizens as “machine guns.” That turned all those bump stock owners into criminals. Petitioner respectfully seeks a writ of certiorari to review the judgment of the United States Court of Appeals for the Tenth Circuit. DISTRIBUTED for Conference of 9/28/2022.
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen: —In the first gun rights case in over a decade—on June 23, 2022 SCOTUS handed down their decision in this case. By a 6-3 verdict Justice Clarence Thomas wrote that the Second Amendment is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.”
Cases that were GVR’ed by SCOTUS:
Court requested supplemental briefings:
Duncan v. Bonta the supplemental brief can be found here.
Dominic Bianchi v. Brian E. Frosh: the supplemental brief was filled on Aug. 22, 2022.
Cases awaiting supplemental briefings: GOA v. Garland and Aposhian v. Garland.
In California Attorney General Rob Bonta issued a “Legal Alert” to Local Carry-Licensing Agencies on June 24, 2022. The alert included the recommendation that “issuing authorities must still require proof that (1) “the applicant is of good moral character.” And it additionally states, “As a starting point for purposes of investigating an applicant’s moral character, many issuing authorities require personal references and/or reference letters. Investigators may personally interview applicants and use the opportunity to gain further insight into the applicant’s character. And they may search publicly-available information, including social media accounts, in assessing the applicant’s character. Finally, we note that it remains reasonable—and constitutional—to ask applicants why they are interested in carrying their firearms in public.” As a result of this alert, the Firearms Policy Coalition sent a letter to AG Bonta suggesting that unless the alert is revoked, local jurisdictions following the recommendations will be sued.
Non-SCOTUS Federal cases
Cases filed in response to the NYSR&P v. Bruen
In New York the legislature has gone to great lengths to ensure that Bruen does not allow civilians the Right-to-Carry guns. Cases are being filed against the 2022 firearms laws that were passed in July 2022.
Antonyuk v. Bruen challenged most aspects of NY’s new gun laws in an attempt to block the new NY gun law from being implemented and sought a Temporary Restraint Order (TRO). The TRO was rejected by Judge Glenn Suddaby as he determined Gun Owners of America “failed to demonstrate standing.”
Vanchof v. James: challenging New York’s “assault weapons” ban, was filed in July 2022 and now all the defendants are writing letters about the plaintiffs’ standing and asking for a conference.
Paladino v. Bruen (7/11/22), challenging Section 5 of the law that “unconstitutionally presumptively prohibits Handgun Carry Licensees from carrying a concealed handgun on all private property in the State.”
Corbett v. Hochul (7/1//2022), challenging the required disclosure of social media accounts. NY requests more pages and more time to file.
NYSR&PA II v. Bruen: The next iteration of the SCOTUS case—challenging the 2022 firearms laws.
Boron v. Bruen: This case filed on September 13 in the US District Court for the Western District of New York challenges the enactment of S51001. The suit states the State of New York “replaced on unconstitutional licensing scheme with another.” The case is being supported by the Second Amendment Foundation, Firearms Policy Coalition, Inc. and two private citizens.
Other Cases being challenged as a result of the Bruen decision:
Colorado: Two different judges have issued Temporary Restraining orders to halt the bans on the sale, possession and transfer of commonly owned semi-automatic rifles in the towns of Boulder and Superior. Two different judges have issued Temporary Restraining orders to halt the bans on the sale, possession and transfer of commonly owned semi-automatic rifles in the towns of Boulder and Superior. After the legislature repealed the Colorado firearms preemption statute both towns banned so-called assault weapons. In two cases, RMGO v. The town of Superior and RMGO v. The town of Boulder, judges have granted temporary restraining orders (TRO) citing the Bruen case. In late August the city of Boulder announced it is not enforcing its “assault weapons” ban until it can “legally coordinate” with its neighboring jurisdictions. On Sept. 16 Federal judge Raymond P. Moore declined to combine four lawsuits that have been initiated in Boulder County and its towns into one. He commented, “If anyone thinks the district court is going to have the last say on this, they’re kidding themselves, Come on.”
The City of Bloomfield is reported to be considering an ordinance at its Sept. 20 City Council Meeting.
Other Cases
Junior Sports Magazine, et. al v. Bonta: An emergency motion for a writ of mandamus has been filed. The Second Amendment Foundation, CRPA, Gun Owners of California, California Youth Shooting Sports Association and others are suing the state of California for the passage of AB2571 that was signed into law on June 30. “Plaintiffs bring this suit to challenge the constitutionality of California Business & Professions Code section 22949.80, which makes it unlawful for any “firearm industry member” to “advertise, market, or arrange for placement of an advertising or marketing communication concerning any firearm-related product in a manner that is designed, intended, or reasonably appears to be attractive to minors.”
VanDerStok v. Garland: Sept. 2 Judge Reed O’Connor stated that the “definition of a firearm in the Gun Control Act does not cover all firearms parts” and granted a preliminary injunction to plaintiff Tactical Machining, but not to its customers and requested further briefing. Firearms Policy Coalition (FPC) filed a lawsuit on Aug. 11 challenging BATFE’s new rule concerning the treatment of “receiver blanks, unfinished frames or receivers, or 80% frames or receivers” as firearms in the United States District Court for the Northern District of Texas.
Ocean State Tactical v. Rhode Island has converted their Temporary Restraining Motion to a Motion for a Temporary injunction against the 10-round magazine law that recently passed the legislature.
Miller v. Bonta: The US Court of Appeals for the Ninth Circuit has REMANDED and VACATED this case back to the District Court and briefs have been ordered to be produced.
B&L Productions v. Newsom: B&L Productions (Crossroads of the West), California Rifle & Pistol Association, Second Amendment Foundation, Asian Pacific American Gun Owners Association, and others filed a lawsuit in federal court that challenges state Senator Min’s legislation, SB 264, banning gun shows by prohibiting the sale of firearms, firearms parts and ammunition at the Orange County Fairgrounds.
SoCal Top Guns v. Bonta: A coalition of groups that offer and promote youth-firearm safety, youth-shooting sports, and youth-hunting and hunter-education programs filed a lawsuit challenging a newly passed California statute that prohibits them from promoting those programs. An article in thereload.com demonstrates how California’s AB2571 is affecting the careers of Olympic shooters.
Morehouse Enterprises v. ATF: Seeking a preliminary injunctions against the “ATF from enforcing various parts of an omnibus rule scheduled to take effect Aug. 24.”That rule regulated unfinished, nonfunctioning firearm components identically to finished and operational firearms.This case has been joined by 17 states attorneys general.
Michelle Flanagan v. Rob Bonta: The County Counsel sent a letter to the US Court of Appeals for the Ninth Circuit asking for the case to be dismissed as the case is now moot.The letter states “the Los Angeles County Sheriff’s Department is no longer requiring a showing of “good cause” in issuing licenses to carry a concealed weapon in public. This appeal now moot…”
Rocky Mountain Gun Owners v. Louisville: RMGO has agreed to withdraw their motion for a TRO as Louisville will stay enforcement of its magazine and so-called assault weapons ban.
Cheeseman v. Platkin: A challenge to New Jersey’s “assault weapons ban” in the US District Court for the District of New Jersey.
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 December 16, 2021.
Ban on firearms for citizens ages 18-21 in federal court
In Texas the case of Andrews v. McCraw a decision was announced on August 24, 2022 based on the SCOTUS Bruen decision. This case was initiated in 2021 against the Texas law prohibiting citizens who are between the ages of 18 to 21 “from fully exercising the right to keep and bear arms.” Judge Mark T. Pittman wrote that the Texas law that “prohibits law-abiding 18-to-20-year-olds from carrying handguns for self-defense outside the home based solely on their age, this statutory scheme violates the Second Amendment, as incorporated against the States via the Fourteenth Amendment.”
Jones v. Bonta: Originally Jones v. Becerra. The US District Court for the Southern District of California “held that California’s ban was a severe burden on the core Second Amendment right of self- defense in the home.” After California appealed to an “en banc” panel of the Ninth District Court of Appeals, the Ninth Circuit granted the request and then vacated and remanded the case “consistent with the US Supreme Court’s decision in NYSR&PA v. Bruen. The supplemental briefing from the plaintiff is due by September 30 with a response due by October 17.
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 Appeal for the Seventh Circuit. This case deals with the age of majority. U.S. District Judge for the Northern District Mark E. Walker wrote a strange opinion in which he stated, “for better or worse” he was precluded from ruling any way other than upholding the law.
