by Tanya Metaksa
Federal
After both the US House of Representatives and US Senate voted to reauthorize, but not expand the Undetectable Firearms Act, H.R.
3826, by voice votes, President Obama signed the bill into law. 2013 was the third time this bill has been reauthorized by Congress. It was originally passed in 1988, making it illegal to manufacture, import, sell, ship, deliver, possess, transfer or receive any firearm that is not detectable by walk-through metal detection devices.
A firearm should contain at least 3.7 oz of steel and should give an accurate image with standard airport imaging technology. This law was reauthorized in 1998 and 2003. In the US Senate Sen. Charles Schumer (D-NY) had threatened to try to add provisions that would have required plastic guns to include an “essential” metal component such as a barrel.
The UN Arms Trade Treaty (ATT) was signed by Secretary of State John Kerry last year. However, Sen. James Inhofe (R-OK) added a ban on funding the ATT for fiscal year 2014 to the Defense Appropriation Bill for 2014 and President Obama signed that bill into law on Dec. 26, 2013. Therefore, there is no money to implement the Treaty.
The Sportsmen’s Heritage and Recreational Enhancement (SHARE) Act of 2013 has been introduced. One of the provisions in this act would protect the use of lead ammunition and fishing tackle by hunters and fishermen.
Former New York City Mayor Michael Bloomberg, the founder of Mayors Against Illegal Guns (MAIG), praised his 2013 mayoral accomplishments in a speech to the graduating class of the New York City Police Academy in late December. He took credit for preventing 9,200 homicides during his dozen years in office, but provided no information as to how he arrived at that figure. His list of successes included the passage of the anti-Second Amendment laws in NY, CT, MD, and DE. However, he failed to mention the fact that he was extremely involved in both the passage of Colorado’s ban on magazines with a capacity greater than 15 and private transfers of firearms that led to the recall of two state Senators and the resignation of a third. In December MAIG and Moms Demand Action for Gun Sense announced that they were joining forces.
Alan Gottlieb, founder of the Second Amendment Foundation, said, “Michael Bloomberg is essentially getting Moms to clean his organization’s dirty laundry and present a more wholesome image to the American people, whom they hope to lull into surrendering their firearms rights.” He went on to note that, “The Mayors’ group has had at least 16 members who were convicted of, or pleaded guilty to, assorted crimes that include embezzlement, perjury, bribery, extortion, fraud, money laundering, attempted child molestation and child pornography.” He also noted that eight more are facing various criminal charges.
A poll commissioned by the National Shooting Sports Foundation found that Americans were skeptical of “smart gun” technology and would be much less likely to purchase such a firearm by 81%-14%. Additionally, by a margin of 70%-17% they did not approve of the government mandating “smart gun” technology.
According to Reason magazine a new study, “An examination of the effects of concealed weapons law and assault weapons ban on state-level murder rates was published in the journal Applied Economics Letters. “The results of the present study suggest that states with restrictions on the carrying of concealed weapons had higher gun-related murder rates than other states…These results suggest that restrictive concealed weapons laws may cause an increase in gunrelated murders at the state level.” The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has again been caught in a sting operation according to the Milwaukee Journal Sentinel. ATF has been using people with low IQs to help them in stings to catch or trap people illegally buying and selling guns.
Judicial California:
In November the San Francisco Veteran Police Officers Association (SFVPOA) filed a lawsuit against the ban by San Francisco on the possession of magazines capable of holding more than 10 rounds. A similar lawsuit has been instituted against the Sunnyvale, CA, magazine ban. Although the suit was initially assigned to a Magistrate Judge, Attorney C. D. Michel was able to get it reassigned to Honorable Ronald M. Whyte of the US District Court.
Colorado:
The lawsuit that was brought against the new Colorado gun control laws by 55 county sheriffs and other organizations will proceed despite Chief US District Judge Marcia Krieger’s ruling that the sheriffs, in their official capacities, do not have standing to challenge the laws.
Illinois:
The IL State Rifle Assn. and a pediatrician are challenging an “assault weapons” ban in Highland Park. The case will be before US District Court Judge James Holderman.
New York:
In Williams v. Beemiller Judge Frederick J. Marshall ruled that manufacturers, distributors and federally licensed firearms dealers could not be compelled to supply ATF trace data information to the plaintiffs as a result of the Tiahrt Amendment.
The judge ruled, “Tiahrt offers a blanket statement preventing all ATF trace data from discovery and other legal process. Consequently, Tiahrt insulates ATF-generated firearm trace information from disclosure by all parties: the ATF, law enforcement, and civil litigants included.” State Legislation In 2014 all states with the exception of Montana, Nevada, North Dakota and Texas will be meeting in regular legislative sessions. In 2014 it will be unlikely that gun control legislation will be introduced in Arkansas, Connecticut, Louisiana, Maine, New Mexico, North Carolina and Wyoming as these states limit their sessions to budgetary and other fiscal items.
Dates after each state indicated the projected dates of the 2014 legislative session. States with an * have legislatures that meet throughout the year.
Alabama:
Feb 4-May 19 Alaska: Jan 21-Apr 20 Arizona: Jan 13-May 1 California: Jan 6-Sep 12 Former New York City mayor Michael Bloomberg is bringing his anti-gun agenda to California cities.
The residents of Sunnyvale voted for a “gun safety” referendum that would ban “high capacity” magazines, mandate the reporting of lost or stolen firearms within 48 hours, require firearms to be locked up, and make retailers keep records of ammunition sales for two years. Residents from Los Altos and Mountain View appear to be interested in promoting similar schemes.
Colorado:
Jan 8-May 7 Anti-gun state Senator Evie Hudak, who was facing a possible recall similar to the recalls that ousted Sens.
Morse and Giron, was forced to resign her seat by the Democrat party so that Democrats could appoint her replacement.
If she had faced a recall election, the Democrat party was fearful that she would lose and then be replaced by a Republican. If that had happened the Democrats would have lost their majority in the state Senate.
The person appointed by the Democrat Party is Arvada City Councilwoman Rachel Zenzinger, who has made it clear that she supports the new antigun laws in the state.
Connecticut:
As of Jan. 1, 2014 all magazines that can hold more than 10 rounds and certain semi-automatic rifles with a detachable magazine and specific features must have been registered with the CT Department of Emergency Services and Public Protection. Failure to do so is a Class A misdemeanor.
Delaware:
Jan 14-Jun 30 DC: Beginning on Jan. 1, 2014 all registered gunowners must re-register their firearms within 90 days. Then they will be required to re-register every three years.
Florida: Mar 4-May 2
Georgia: Jan 13-Apr 1
Hawaii: Jan 15-May 1
Honolulu City Councilman Stanley Chang has introduced Resolution 13- 280. This Resolution calls on Congress to enact Obama’s “Now is the Time Plan” that would ban semi-automatic rifles and magazines with a capacity greater than 10 rounds.
Idaho: Jan 6-Apr 1
Illinois: Jan 1-May 1
The Illinois State Police published proposed rules to implement the Firearms Concealed Carry Act in October. The National Rifle Association (NRA) has commented on those proposed rules. The NRA comments can be found at nraila.org
Indiana: Jan1-Mar 1
Iowa: Jan 13-Apr 1
Kansas: Jan 13-May 30
Kentucky: Jan 7-Apr 15
Maryland: Jan 8-May 7
Massachusetts*: Jan 2-Dec 31
Michigan *: Jan 8-Dec 31.
Gov. Rick Snyder (R) signed HB 4993, a bill to promote wildlife hunting and education. On Dec. 3 HB- 5085, a bill to expand those who can train children under 18 in the use of pistols, has passed the House Natural Resources Committee. It will now be considered in the full House of Representatives.
Minnesota: Feb 25-May 19
Mississippi: Jan 7-Apr 6
Assistant Attorney General Ricky G. Luke, responding to a query from the city of Corinth, wrote an opinion that gun owners who hold “enhanced permits” can take their firearms into churches, voting precincts, college athletic events and 9 other places even if those places are posted. “Enhanced permits” in Mississippi require firearms training.
Missouri: Jan 8-May 30
Nebraska: Jan 8-Apr 1
New Hampshire: Jan 8-Jun 1
New Jersey*: Jan 14-Dec 31 and legislation can carry over into 2015.
New Mexico: Jan 21-Feb 20.
HB-77, a bill to ban private firearms transfers at gun shows that almost passed the legislature in 2013, was heard by an Interim Legislative Committee that failed to endorse the bill for the 2014 legislative session.
New York *: Jan 8-Dec 31
Ohio*: Jan 1-Dec 31
On Nov. 21 the House voted 62-27 to pass HB-203, a Right-to-Carry reform bill. The bill now goes to the Senate.
Oklahoma: Feb 3-May 30
Oregon: Feb 3-Mar 9
In late October the St. Helen’s School District voted to reverse the ban on teachers and staff members carrying guns on school property.
Pennsylvania*: Jan 7-Nov 30 HB-1010, a bill to require background checks for the private sale of handguns, is still under consideration.
It has been reported that state legislators have been targeted by anti-gun groups in order to force them to cosponsor the bill.
Rhode Island: Jan 7-Jun 1
South Carolina: Jan 14-Jun 30
South Dakota: Jan 14-Mar 31
Tennessee: Jan 14-May 1
Already the issue of firearms in employers’ parking lots has resurfaced.
Last year a law allowing Tennesseans with Right-to-Carry permits to keep firearms in their locked vehicles in most public and private parking lots. After the passage of the law Tennessee Attorney General Robert Cooper stated that employees could still be fired if they violated company firearms policies by having their guns in their vehicles.
Tennessee gun owners do not want those exercising their Second Amendment rights to carry a firearm to be fired without some other cause.
Texas:
As pointed out by Texas CHL instructor Bud Rector my earlier description of the change in Texas law concerning “displaying a firearm” was incomplete. Although the law was changed from “intentionally failing to conceal the handgun” to “intentionally displaying the handgun in public,” a person with a CHL can only display a handgun in public if it is justified under Chapter 9. Brandishing is a Class A misdemeanor.
Utah: Jan 27-Mar 13
Vermont: Jan 8-May 1
Virginia: Jan 8-Mar 12
In the 2013 general election Terry McAuliffe (D), the candidate backed by Michael Bloomberg, won the governor’s race. He has already appointed an anti-gun advocate to his transition team. Virginians can expect a full court press on restrictive gun legislation for the next four years.
However, Delegate Mark Cole has introduced HB 114 that would amend the Virginia Penal Code to allow possession of a firearm on private or religious school property.
Washington: Jan 13-Mar 12
Two initiatives to the legislature are currently under review in the state house judiciary committee and the senate law and justice committee. Initiative 591 (pro-gun) and initiative 594 (gun control) would be passed to the voters on the statewide November ballot if the state legislature fails to act.
West Virginia: Jan 8-Mar 8
As a result of an amendment to the WV economic home rule law, the city of Charleston will either have to repeal its gun ordinances or lose state funds.
The decision is required by May 2014.
Attorney General Patrick Morrisey (R) announced an agreement with Alabama to allow West Virginians who have a concealed handgun license to carry in Alabama.
Wisconsin: Jan 7-Dec 1
HR-368, a bill to expand long gun sales, was before the Wisconsin Assembly Natural Resources and Sporting Heritage Committee on Dec. 18.
On Dec 10 Gov. Scott Walker (R) signed AB-194, allowing crossbow hunting during big game season.
A local club, the Hartland Sportsmen’s Club, has been denied a permit to continue operating. It is thought that a lawsuit will be filed against the Delafield Common Council.
