By Tanya Metaksa
What’s New— Biden Administration: Hosting a “United We Stand” summit concerning violence and democracy; BATFE has already posted corrections to the “frame or receiver” regulatory definitions; Politics: NY12 primary fight led to more gun control legislation; Alaska’s election to fill out the term of Rep. Don Young until 2023 was won by Democrat Native Alaskan Mary Peltola; Massachusetts primaries on Sept. 6; Delaware, New Hampshire, and Rhode Island on Sept. 13; State/Local: California: The legislature adjourns; AB1227 and SB918 FAILED TO pass; Attorney General Bonta and AG James (NY) letter to credit card companies; Colorado-Boulder: Gun Shows no longer called at Longmont fairgrounds; Hawaii: Honolulu County scheduled carry rules hearing for Oct. 4;Hawaii County and Maui County Police Depts. issue new rules for carry permits; New York—Cattaraugus County Legislature: voted to oppose the state’s new concealed carry restrictions; Judicial: CO: the towns of Superior and Boulder’s so-called bans on the sale, possession and transfer of commonly owned semi-automatic rifles have been temporarily halted in court; Antonyuk v. Bruen sought a Temporary Restraint Order (TRO) that was rejected by Judge Glenn Suddaby; VanDerStok v. Garland: Judge O’Connor issues TRO as to plaintiff Tactical Machining.
2022 Congressional Activity/Biden Administration
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 Aug. 25. Corrections have been posted to the Federal register.
The House of Representatives advanced HR1808, on July 25 on almost-party line vote of 217-213. Dave Workman covered the vote. HR1808 is the new “assault weapons” ban bill, that would ban virtually all ARs, AKs, AR pistols and even semiautomatic handguns and shotguns.
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. Reuters reported that “the administration is actively discussing with top Democratic lawmakers what support they can provide to push the bill.”
2022 Politics
Biden Administration: In an effort to pass more gun control regulations the administration will host the “United We Stand” summit on Sept. 15 with the goal of “highlighting the ‘corrosive effects’ of violence on public safety and democracy.”
Oregon Ballot Measure 114—An in depth article concerning the Oregon Ballot Measure 114 suggests that “shotguns could be in trouble” if the measure passes.
Texas:
September 6th primary in Massachusetts.
Massachusetts: In the Governor’s race the only candidate with an A rating is Republican Geoff Diehl. For Lt. Governor’s and the Attorney General’s races all candidates are “F” rated or have not provided any information.
September 13 = Delaware, New Hampshire and Rhode Island
Delaware: State Senate: Colin Bonini (16). State House: Bryan Shupe (36).
New Hampshire: NRA-PVF has endorsed Gov. Chris Sununu for reelection; Chuck Morse (R) for U.S. Senate; State Senate candidates: Jeb Bradley (3), Daniel Innis (7), Gary Daniels (11), and Howard Pearl (17);
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 MacDonal (Carroll 6 vote for 3); Ted Gorski, Linda Gould, Laurie Sanborn, and Kristin Noble (Hillsborough 20 – 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); Jeff Goley (Hillsborough 21-vote for 2), Joe Alexander and Fred Plett (Hillsborough 29-vote for 4); Jim Kofalt (Hillsborough 32-vote for 3); Keith Ammon, William Foster and Lisa Post (Hillsborough 42-vote for 3); 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); James Allard (Merrimack 13-vote for 2); John Klose(Merrimack 14-vote for 1); Carol McGuire (Merrimack 27-vote for 2); Dennis Acton (Rockingham 7), Erica Layon, Jodi Nelson, Stephen Pearson, John Ptucek, Richard Tripp, Phyllis Katsakiores, David Love, David Milz, Katherine Prudhomme O’Brien (Rockingham 13-vote for 10); Tom Dolan, Wayne MacDonald, Sherman Packard, and Doug Thomas (Rockingham 16- vote for 7); Debra DeSimone (Rockingham 18-vote for 2); Robert Harb, and Charles Melvin Sr. (Rockingham 20 – 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), Julius Soti (Rockingham 35), James Horgan and Joe Pitre (Strafford 1) – vote for 2); Fenton Groen (Strafford 19 – 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). Natalya Delsanto (16), Camille Vella-Wilkinson (21), Edward Cardinal (42) and Robert Phillips (51).
On August 23, primaries were held in Florida and New York.
Florida: Statewide races are now set: Governor: A-rated Gov. Ron DeSantis versus F-rated Charlie Crist. US Senate: A-rated Senator Marco Rubio versus F-rated Val Demings. Commissioner of Agriculture: B-rated F. Wilson Simpson versus Naomi Blemur (who calls for “common-sense” gun policies).On Aug. 15 Giffords announced that the anti-gun organization is opening Giffords Florida, supporting anti-gun candidates. Already they have endorsed Val Demings for US Senate, and Janelle Perez for Senate district 3.
NY Congressional primary-NY12: In an ironic twist anti-gun Rep. Carolyn Maloney (NY-12) was thrust into a primary against the Chairman of the House Judiciary Committee Jerry Nadler (NY-10). The new NY12 was a redrawn district due to New York’s losing population. In a last ditch effort to win her primary on August 19, 4 days before the primary, Maloney introduced a gun control package. Her attacks against gun owners did not garner her the necessary votes to defeat anti-gun Rep. Nadler.
Alaska—Aug. 16th primary: Alaska’s election to fill out the term of Rep. Don Young until 2023 was won by Democrat Native Alaskan Mary Peltola; the November election for the next Congress will be between Peltola (D), Sarah Palin (R) and Nick Begich (R). Palin issues statement on AK voting law
State Legislatures/Local communities
The following states are still in session or in special session: California, Michigan, Ohio, and Pennsylvania. New Jersey, Ohio and Virginia are in suspended session until September
Arizona: The Pima County Board of Supervisors recently approved by a 3-2 vote Resolution 2022-44, that calls for Repeal of Arizona State Firearm Preemption Statute.
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: Gun Shows no longer to be held at Longmont fairgrounds;
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. On August 25, 2022 the Hawaii County Police Department is changing its permitting form following Bruen. To get a license to carry concealed of unconcealed the applicant must: 1. Complete the Hawaii Police Department Application for License to Carry Firearms; 2. Pass and submit a firearms proficiency test administered by a certified instructor; 3. Submit two front-facing, passport-sized color photographs of the applicant (taken within 30 days prior to submittal of application); 4. Turn in a mental health form; and 5. Must be a resident of the County of Hawaii, have a local address, and be 21 years of age or older. Honolulu County has not changed their website as of the end of August.
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 is on recess in August but It appears that this proposal is on a fast track for approval in September.
New York: Cattaraugus County Legislature: voted to oppose the state’s new concealed carry restrictions; Syracuse—District Attorney William Fitzpatrick will not charge gun owners with criminal charges if they carry into a “restricted” area, but their firearm will be confiscated.
South Carolina: Columbia—the city has submitted to the SC AG a proposed ordinance concerning the reporting of lost or stolen firearms to inquire if it violates South Carolina preemption law.
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)
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.More Duncan v. Bonta
is available.
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.
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.”
Non-SCOTUS Federal cases
Cases filed in response to the NYSR&P v. Bruen
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.
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.
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 v. Bruen: The next iteration of the SCOTUS case.
Other Cases being challenged by 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. After the legislature repealed the Colorado firearms preemption statute both towns banned so-called assault weapons. Now 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. Now the city of Boulder announced it is not enforcing its “assault weapons” ban until it can “legally coordinate” with its neighboring jurisdictions.
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.”
Other Cases
Vanderstok v. Garland: Sept. 2 Judge Reed O’Connor granted a preliminary injunction to plaintiff Tactical Machining, but not its customers and requests 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.
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 what California’s AB2571 has done to 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.”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; Their website says they are “strongly considering a lawsuit against the City of Lafayette.”
Cheeseman v. Platkin: A challenge to New Jersey’s “assault weapons ban” in the US District Court for the District of New Jersey.
Miller v. Bonta: A motion has been made to the Ninth Circuit to lift their stay in the California “assault weapons” challenge.
Junior Sports Magazine, et. al v. Bonta: 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.”
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.
Ban on firearms for citizens ages 18-21 in federal court
Jones v. Bonta: Originally 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 stated, “for better or worse” he was precluded from ruling any way other than upholding the law.
