By Tanya Metaksa
TANYA METAKSA
What’s New—State Legislation: Oregon—More anti-gun bills introduced, Hearing held last Friday on HB4005, NRA filed comments against the new anti—gun initiative petitions; Virginia: —On Feb. 7 was the last day for consideration, House Public Safety Committee approved HB961, an “assault weapons” ban. House passed all bills on the agenda on Jan. 30; Massachusetts—deadline for Joint Committee action was Feb. 5; Washington—The House Civil Rights and Judiciary Committee approved HB1315, an expansion of gun-free zones, and HB2240, banning magazines capable of holding more than 10 rounds; California—The Senate passed SB281, a hold-over bill banning gun shows in the Cow Palace in San Francisco; Georgia-HB787, Right-to-Carry reciprocity bill is awaiting a hearing; Missouri—SB543, a “red flag” bill and SB700, a bill to allow firearms on public transportation are in the Senate Transportation Committee; Maryland—General Assembly overrides Gov. Larry Hogan veto of HB1343, removing citizen oversight of the Right-to-Carry Permit Review Board; New Hampshire—Several Committees heard anti-gun bills last week; New Mexico—SB5, “red flag” firearm seizure legislation, passed the Senate on a close 22-20 vote; South Dakota-SB82, “red flag” firearm seizure legislation, is scheduled for a hearing Feb.4; Vermont—H.619, “red flag” firearm seizure legislation, and several other anti-gun bills introduced;
Elections—Everytown for Gun Safety spending at least $60 million on ads for 2020 election; Florida ballot question being reviewed by FL Supreme Court; Iowa caucus a disaster; New Hampshire primary
Federal-New Firearms export regulation;
Judicial—Duncan v. Becerra-Oral arguments are scheduled for April 2; Thomas, et.al. v. Illinois State Police was filed.
2020 Elections
The Iowa Democratic caucuses were a disaster. Even the New York Times reported on Feb. 6 “The results released by the Iowa Democratic Party on Wednesday were riddled with inconsistencies and other flaws.” Still no winner and nobody cares anymore.
Everytown for Gun Safety announced that it will spend “at least $60 million” in advertising in the 2020 elections nationwide, of which $250,000 worth of digital ads was to put the Republican controlled Minnesota Senate “on notice.”
Ballot initiatives-2020
Florida:
A hearing was held before the Florida Supreme Court on Feb 4, on the proposed ballot question. According to the Tampa Bay Times, the “Florida Supreme Court justices …cast a skeptical eye on a constitutional amendment banning assault weapons, with the Chief Justice calling part of it ‘prohibitively misleading.” When the Justices rule on the ballot question has not been determined. Ban Assault Weapons Now!, an organization of anti-gun persons who want Floridians to think they are survivors of mass shootings in Orlando and Parkland, announced June 10 that it had obtained 103,000 signed petitions, short of the 147,304 required. That number allowed a Florida Supreme Court review of the proposed ballot question, a first step in the process of being put on the 2020 ballot.
Oregon:
Initiative Petition 18 (IP18) has been filed. Petitioners gathered the necessary signatures to start the process for gathering signatures to put this measure on the 2020 ballot. IP18 is a proposal that would require all firearms to be locked unless being carried and stolen or lost firearms must be reported within 24 hours. The NRA has filed Comments against the ballot measures sponsored by an interfaith lobby group, Lift Every Voice Oregon. They have proposed three initiative petitions for the upcoming legislative session: IP60: limit the sale of semiautomatic “assault-style” weapons, add 5-day waiting period, raise minimum age to purchase and ban magazines holding more than 10 rounds. The other two proposals are just parts of IP60.
Federal
Trump Impeachment: President Donald Trump has been acquitted by the Senate in the long impeachment effort by Capitol Hill Democrats. It came the day after Trump delivered what observers called his best-ever State of the Union address that saw House Speaker Nancy Pelosi tear up her copy of the speech—an official government document—on live television.
Bureau of Alcohol, Tobacco, Firearms and Explosive (BATF): BATF is proposing a change to Form 4473 to include a box for “non-binary persons” to check, and a question for persons in the military.
New firearms export regulations: On Jan. 23 a new rule was formally printed in the Federal Register and will be implemented 45 days after the formal publication. The new ruling transfers the export licensing of sporting and commercial, not military, to the Department of Commerce from the Department of State. This new rule will have no effect upon the sale of military weaponry. For the complete story.
2019 Gun Control bills in the U.S. Congress
Awaiting action in the U.S. Senate: In February 2019 the House passed two extreme gun control measures—H.R. 8, a universal background check bill, and H.R. 1112, a bill to extend the time from 3 days to 10 days if a prospective buyer is not cleared in a NICs check. These bills are still awaiting action in the U.S. Senate and could be incorporated into any new legislation that the House passes.
The House Judiciary Committee passed the following bills last September by straight party-line votes—Democrats voting aye and Republicans voting nay. The “Extreme Risk Protection Order Act of 2019,” H.R. 1236, a bill that would establish federal grants to state, local and tribal governments for the purpose of establishing a program designated to allow such governmental entities to remove a person’s Second Amendment rights, passed by a vote of 22-16.
H.R. 1186, the “Keep Americans Safe Act,” a bill to ban the sale, transfer and possession of magazines with more than 10 rounds, passed by a vote of 23-16. This bill as it is currently written would allow current owners to keep already owed magazines capable of holding more than 10 rounds;
H.R. 2708, the “Disarm Hate Act,” this bill’s purpose is “to prevent a person who has been convicted of a misdemeanor hate crime, or received an enhanced sentence for a misdemeanor because of hate or bias in the commission, from obtaining a firearm.”
State Legislation
All state legislatures with the exception of Montana, Nevada, North Dakota, and Texas will be in session in 2020
All the remaining legislatures are in session with the exception of Louisiana the starts in March and Arkansas that begins in April
Alabama:
HB39/SB47, to create a statewide uniform system of lifetime Right-to-Carry Permits at a cost of $200. If an applicant is over 65, the fee is $150. These bills have been assigned to their respective committees.
California:
The Senate passed SB21, a hold-over bill banning gun shows in the Cow Palace in San Francisco, on a 27-11 vote. AB18, a $25 excise tax on the purchase of a new firearms, plus a tax on ammunition dealers, has been referred back to the Appropriations Committee from the suspense file. AB503, allowing citizens with a Right-to-Carry Permit to carry to, from and in a place of worship failed on a strict party line vote. Dems voted NO and Republicans voted AYE.
Colorado:
The House Committee on State, Veterans & Military Affairs has postponed indefinitely two pro-gun bills: HB1040, remove the ban from carrying concealed in public schools, and HB1099, remove the restriction of magazine capacity.
Florida:
The Florida Senate Infrastructure and Security Committee passed SB7028, a bill to “close the gun-show ‘loophole,’ create a record-keeping system for private gun sales and set aside $5 million to establish a ‘statewide strategy for violence prevention’.”
Georgia:
HB787, a Right-to-Carry Permit reciprocity bill, is before the House Public Safety and Homeland Security Committee.
Hawaii:
This state has already more gun control laws on the books, but more are being proposed: Hawaii currently requires a purchase permit for every handgun and now three bills HB1599, HB1734, and SB2152 would extend that law to long guns. HB 1733 and SB2151, would ban the purchase of firearms parts in order to ban the manufacture of home built firearms. And two bills would limit magazine capacity to 10 rounds—HB1736 and SB2154.
Illinois:
The following bills are still viable in 2020: SB1966, adding many more restrictive provisions to the FOID cards and giving bureaucracy almost unlimited powers, passed the House 62-52. It now goes back to the Senate for consideration. Other bills under consideration: SB337 will create an electronic firearms transfer form that will lead to an electronic firearms registry. HB1467, to require the registration of all ammunition sales; SB107, a comprehensive ban on firearms and accessories; HB174, set requirement for reporting of firearms loss or theft; HB888, require FOID applicants to list social media accounts; revoke FOID cards if guns are reported lost in 3 incidents in 2 years; and HB892, ban firearms that include modern materials. SB44, a bill with just a title, by Sen. Michael Hastings, has just had an amendment (Senate Amendment 1 to SB44) added to have State Police designate “gun liaison officers” that would have the authority to seize Firearm Owner Identification Cards (FOID) and then seize all ammunition and firearms.
Indiana:
In an era where NYC will allow felons and sex criminals to be allowed to freely mingle with the citizenry until their trial, Indiana is considering SB16, which would prohibit juveniles who used a gun in a crime and were punished to be denied their Second Amendment rights until they reached the age of 26 or 28.
Kentucky:
A peaceful pro-gun rally was held on Jan. 31.
Maryland:
In a legislative session without notice the General Assembly overrode Gov. Larry Hogan’s veto of HB1343/SB1000, a bill that removed the citizen committee to hear appeals from denial of Right-to-Carry Permits. Hearing dates for gun bills have already been scheduled in the legislature.several committees met Jan.15 to consider bills: The House Judiciary Committee considered HB4, would ban any private transfers of long guns as well as the loan of any such firearm and would impose draconian penalties. Also bills may be scheduled for Jan. 22, and 29. The Senate Judicial Proceedings Committee considered SB39 that would add Anderson Manufacturing .223 Caliber and .300 Caliber long guns to the current list of banned “assault weapons.” The Senate Budget and Taxation Committee considered SB55, creating a “buy-back fund” to purchase so-called “assault weapons.”
Massachusetts:
The Joint Committee on Public Safety and Homeland Security is facing an action deadline of Feb.5 to act on any of the bills on its agenda. The list of bills that were on the agenda can be found at https://malegislature.gov/Events/Hearings/Detail/3247.
Michigan:
HB4434, reducing the penalty for those that forgot to renew their Right-to-Carry Permits to a civil fine rather than a felony, passed the House 90-19 and can be considered in 2020.
Minnesota:
Senate Judiciary and Public Safety Committee has scheduled Jan. 21 at 1:00 PM for a hearing on the following bills: SF434, prohibiting private transfers of firearms, SF436, “red flag” legislation; SF72, self-defense legislation, and SF748, constitutional carry.
Missouri:
The Senate Transportation, Infrastructure and Public Safety Committee has two firearms bills awaiting hearings: SB543, “red flag” firearm seizure legislation, and SB700, repeals “gun free zones” on public transportation.
Nebraska:
LB58, a “red flag” firearm seizure legislation, is awaiting action in the Judiciary Committee.
New Hampshire:
On Jan. 28 House Criminal Justice and Public Safety Committee did not vote on HB1379-FN, banning private sale of firearms, and HB1101-FN, adding a 3-day waiting period to purchase of firearms, but more House Committees have anti-gun bills on the agenda during the first week in Feb: HB1143, repealing firearms manufacturing limited liability in the House Judiciary Committee; HB1349, establishing a state mandated committee to study children and firearms accidents in the House Children & Family Law Committee; HB1509, a “red flag” bill for colleges and universities and HB1285, a restrictive firearms prohibition for guns on school grounds in the House Education Committee. A carry-over bill, HB687, allowing firearms seizure without due process was approved in the House 201-176 with 20 Democrats voting NO. It now goes to the Senate.
New Mexico:
The Senate passed SB5, “red flag” firearm seizure legislation,” on a close 22-20 vote, although the companion bill, HB7, has not had a vote yet. Interestingly 30 out of 33 county sheriffs have publicly opposed this bill. HB85, a bill to ban firearms accessories such a triggers and other modifications has been introduced.
Ohio:
Ohio Attorney General David Yost has stated that he is developing a database for the listing of stolen guns. Two bills, SB223, banning bump stocks and high capacity magazines, and SB203, regulating firearms transfer at gun shows, were brought up before the Senate Government Oversight and Reform Committee but no votes were taken. HB178, a constitutional carry bill, was approved in the House Federalism Committee. It was re-referred to the Criminal Justice and Rules and Reference Committees. In the past year 69,375 new carry licenses and almost 100,000 renewals were issued.
Oregon:
The 2020 session began Feb. 3. Several anti-gun bills were pre-filed: HB4005, a mandatory firearms storage bill, which is scheduled for a hearing before the House Committee on Judiciary for Feb 7, as well as HB4036, expanding the gun-free zone in the Portland airport, and SB1538, abolishing pre-emption regarding firearms’ laws.
Pennsylvania:
On Dec. 16, Attorney General Josh Shapiro issued an opinion that defined partially manufactured receivers as firearms thus placing these unfinished blocks of steel or any other material into the firearm category and requiring them to be treated as a completed firearm. As a result, the Pennsylvania State Police website for the PA Instant Check System includes these receivers as requiring a background check before purchase. On Dec. 20 Landmark Firearms and others requested an emergency preliminary injunction in the Commonwealth Court of PA. [see Landmark Firearms case above under Judicial] On Nov. 20 three new anti-gun bills were introduced and referred to the House Judiciary Committee: HB2076, a person’s driver’s license may be revoked if that person’s license to carry a firearm expires or is revoked; HB2077, a mandatory safe storage of firearms bill with penalties; and HB2078, waiting period prior to possession of a “semi-automatic assault rifle.” A bill to ban the sale of toy guns that are not vibrant colors, HB2216, has been sent to the House Judiciary Committee.
Rhode Island:
On January 24 gun owners filled the Capitol in a peaceful pro-gun rally. Senate Judiciary Committee heard testimony on S.2004A, banning 3D printed guns. The House Judiciary Committee heard testimony on three bills: H7101, dealing with personal information being stored by the government; H7102A, a companion to S.2004A, and H7103, requiring firearms sellers to notify police concerning any firearms sale.
South Dakota:
The Senate Judiciary Committee has scheduled a hearing on SB82, “red flag” firearm seizure legislation, for Feb. 4.
Texas:
Gov. Greg Abbott presented the Governor’s Medal of Courage to Jack Wilson, the hero of the West Freeway Church of Christ shooting on Jan. 13.
Vermont:
The House Judiciary Committee has been working on H610, “red flag” firearm seizure legislation, that also includes a block on proceeding with the “default proceed” for NICS checks. Additionally, at least a half-dozen more anti-gun bills have been introduced.
Virginia:
HB961, that still bans “assault weapons,” but allows those that own them to keep them if the firearms are registered, is was approved by the House Public Safety Committee on Feb. 7, crossover deadline. On Jan. 24 House passed all anti-gun bills on its agenda: HB2, criminalizing private transfers and adds fees; HB9, all firearms loss or theft to be reported within 24 hours; HB421, repeals preemption; HB674, allow seizure of firearms without hearing, HB812, a one-gun-a-month purchasing restriction, and HB1083, restricting parental decision making regarding children and firearms. The Senate has voted to pass SB35, eliminating the current preemption statute, SB69, a one-gun-per-month purchase bill, SB70, criminalizing private sales of firearms, and SB240, a red flag law, SB The Senate Judiciary Committee passed the SB263, that removed the option of passing an online or electronic training course to satisfy the training requirement for a VA Right-to-Carry Permit, and rejected three bills, SB82, SB89 and SB85, that would have provided harsher penalties for violating current gun laws. The Virginia Second Amendment Lobby Day on Jan. 20, 2020 was peaceful and according to Bearingarms.com “tens of thousands of people” were at the Virginia Capitol to peacefully assemble. Despite Gov. Northam’s banning the carrying of firearms by Right-to-Carry Permittees during the event, law abiding gun owners were polite and did not foment violence.
Washington:
The Senate Law and Justice Committee passed HB1315, an expansion of gun-free zones, and HB2240, banning magazines capable of holding more than 10 rounds, and they now go to the Rules Committee.
The Senate Law and Justice Committee held a hearing on gun bills on Jan. 20 and then on Jan. 23 approved SB6077, banning high capacity magazines, SB6294, requiring firearm training to obtain a Right-to-Carry Permit, and SB6288, creating an Office of Firearm Violence Prevention. The House passed HB1010, stopping the Washington State Patrol from selling confiscated firearms. On January 21 the House Civil Rights & Judiciary Committee held a hearing on the following bills: HB2240, banning magazines capable of holding more than 10 rounds, and HB2241, banning rifles and magazines capable of holding more than 10 rounds of ammunition, will be heard together. Other bills on the agenda include HB2519, banning online sales of ammunition and a mandatory background check for ammunition purchases, HB1374, abolishing the preemption law, and HB1315, a companion bill to SB6294. SB5434, an expansion of gun-free zones, is awaiting action on the Senate floor.
West Virginia:
SB96, expanding the preemption law in West Virginia, is scheduled for Feb 3 before the Senate Judiciary Committee after it was heard by the Senate Government Organization Committee in Jan.
Judicial
Duncan v. Becerra:
Oral arguments are scheduled for April 2. Challenges Section 32310, which states that persons not only cannot use magazines holding 10 or more rounds, but cannot “keep property they lawfully acquired.” On Mar. 29, 2019 Judge Benitz invalidated the 10-round limitation on magazine capacity, by ruling “California Penal Code section 32310 is hereby declared to be unconstitutional in its entirety and shall be enjoined.” But on April 5, 2019 the restrictions against magazines that hold 10 or more rounds were back in place, and “For those persons who have manufactured, imported, sold or bought” such magazines between March 29, 2019 and 5:00 pm April 5, 2019 they may possess them.
Landmark Firearms LLC, et al v. Colonel Robert Evanchick:
See the background information under Pennsylvania legislation. On Dec. 20, 2019 Landmarks Firearms, US Rifle petitioned to stop the Commissioner f Pennsylvania State Police (Robert Evanchick) enjoined from implementing the new PA policy that states an unfinished receiver meets the definition of “firearm.” After a January 21, 2020 hearing on the application Commonwealth Court Judge Kevin Brobson found that the PA State police had violated the due process rights of Pennsylvania residents and businesses and issued an injunction is until the final disposition of the Petition for Review, including appeals has been reached.
Thomas, et.al. v. Illinois State Police:
The Second Amendment Foundation and Illinois State Rifle Association have sued the Illinois State Police in federal court over the agency’s sluggish handling of Firearm Owner Identification (FOID) card applications and renewals. For the story.
National Rifle Association, John Doe v. City of Los Angeles:
On Jan 21 the Los Angeles City Council voted to repeal ordinance (#18600) that required all prospective contractors of the City to disclose contracts or sponsorship of the National Rifle Association. The NRA has vowed to pursue “all available remedies.” In April 2019 the NRA filed suit on First Amendment grounds. In early December U.S. District Judge Stephen Wilson issued a preliminary injunction against the city, writing, “The City’s intent, as established by the overwhelming evidence on this record, is to suppress the message of the NRA. Such motivation is impermissible under the First Amendment and provides no justification for the Ordinance.” Wilson added, “The Ordinance is therefore incompatible with the Constitution, and Plaintiffs are likely to be successful on the merits of their First Amendment speech claims.”
Jones, et al v. Becerra:
This lawsuit is challenging the “California Age-Based Gun Ban” that prohibited adults between the ages of 18 and 20 from acquiring any firearm. United States District Judge denied the applications from three anti-gun groups Everytown, Giffords Law Center and Brady from filing amicus briefs as their “partisanship is apparent.”
Florida Carry, Inc., v. Broward County:
The original lawsuit was filed by Florida Carry in May 2014. The lawsuit was based on the Florida preemption statute that was passed in 2014. On Jan. 9, 2019 the District Court stated “Broward County is PERMANENTLY ENJOINED from enforcing Section 2-137.1(e), 2-39(e) and Section 22 1/2-A(v), as it relates to firearms, ammunition and components therefor.” It also found that Broward County Section 2-2(jj)’s definition of “weapon” includes firearms. Thus nullifying the Broward County ordinances.
City of Kansas City, MO v. Jimenez Arms, Inc., et al:
Kansas City, MO is sueing a number of firearms companies for supplying firearms to James Samuels, a former Kansas City Fire Department Captain who was charged and is being prosecuted for federal gun crimes. This suit is being supported by Everytown Law, part of Michael Bloomberg’s Everytown for Gun Safety.
