TANYA METAKSA
By Tanya Metaksa
What’s New—State Legislation: Alabama—Hearing scheduled for SB47 on Feb. 26; Alaska—HB62, “red flag” firearm seizure legislation, will be before the House Judiciary Committee; Arizona—four anti-gun bills introduced in the Senate; Hawaii—HD1902, legislation banning so-called “high capacity” magazines holding more than 10 rounds, is awaiting a vote in the full House; Kentucky—SB8, is signed by Gov. Beshear; Maryland—House Judiciary Committee withdrew HB1261, greatly expanding the definition of “assault” weapons and instituting registration with high fees; New Hampshire—HB1379, HB1101, HB1350 and HB1509 are scheduled for a floor vote on Feb. 19; Missouri—SJR62 is before the Senate Committee on Agriculture; New Hampshire—HB1101 and HB1370 passed the House; New Jersey—With less than 48 hours notice the Senate Law and Public Safety Committee holds hearing on S120 and S746; New Mexico—Legislature adjourns but not before SB5, “red flag” firearm seizure legislation passed the Senate and the House; Oklahoma—HB3357, repealing constitutional carry, got only 1 vote in the House Judiciary Committee; Oregon—House Rules Committee has passed HB4005—it now goes to the House for a vote; Vermont—House Judiciary Committee held several days of hearing on H.610, “red flag” firearm seizure legislation, no votes taken; Virginia—Senate Judiciary Committee sends House passed HB961, an “assault weapons” ban, to study committee. Although it is dead for 2020, it can be brought up in 2021; House Judiciary Committee takes up Senate passed bills; Washington—HB2947 has been reintroduced as a finance measure circumventing the normal legislative rules—a hearing is scheduled for Feb. 25 at 8:am. The list of bills passed by the originating house and moving on to the other legislative body is listed in the state legislative area; West Virginia— HB4955, a Right-to-Carry Permit fee reduction bill has passed the House unanimously; Wisconsin—SB822, allowing persons with Right-to-Carry Permits to carry in churches, is before the Senate Committee on Insurance, Financial Service, Government Oversight and Courts on Feb. 20; Miscellaneous—American Bar Association passes gun registration resolution.
2020 Elections
After the New Hampshire primary and the Nevada Caucus election results Senator Bernie Sanders has become the front runner. The next big day is Super Tuesday when former New York City Mayor Michael Bloomberg will be on the ballot in many states. For gun owners there isn’t a dime’s worth of difference between any of the Democrats running for President—they are all anti-gun, anti-freedom.
Everytown for Gun Safety, Mike Bloomberg’s group, announced that it would spend $60,000,000 in advertising in the 2020 elections nationwide, of which $250,000 worth are digital ads aimed at putting the Republican controlled Minnesota Senate “on notice.”
Ballot initiatives-2020
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
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 were/are in session with the exception of Louisiana the starts in March and Arkansas that begins in April. New Mexico has adjourned.
Alabama:
A hearing is scheduled on Feb. 26 before the Senate Committee for the Judiciary for HB39/SB47, creating 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.
Alaska:
The House Judiciary Committee will be holding a hearing on HB62, “red flag” firearm seizure legislation.
Arizona:
Four anti-gun bills have been introduced in the Senate: SB1624, making all private firearms transfers without a background check illegal; SB1625, banning the sale, possession and transfer of commonly owned semi-automatic rifles; SB1626, allowing family or law enforcement to petition a court to seize a person’s gun without due process; and SB1627, safe storage legislation mandating gun locks or firearms inoperability.
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.
Connecticut:
HB5040, adding an additional 35% tax on the sale of ammunition, has been introduced.
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 even more are being proposed: Hawaii currently requires a purchase permit for every handgun. During the first two weeks of February the three Committees overseeing firearms bills met and passed these bills: HB 1733 and SB2151, banning the purchase of firearms parts in order to ban the manufacture of home built firearms; HB1736, HB1902 and SB2154, limiting magazine capacity to 10 rounds; SB2635 and HB2736, restricting ammunition sales and licensing ammunition sellers; SB2518, changing HI permit system making it more costly and easier for the state to deny permits; SB3054, requiring a firearms owner to inform the state when a firearm has been removed from the state; HB2744, Creates commission to research gun violence; and HB2709, regulating estates that include firearms.
Idaho:
The Resources and Conservation Committee passed HB396, authorizing the Fish & Game Commission to develop and operate public shooting ranges, on January 14, 2020.;
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.
Iowa:
House Public Safety Committee votes to send House Study Bill (HSB)615 to full Committee. This bill protects shooting ranges from onerous zoning restrictions and expands Iowa’s preemption law to firearms parts and other weapons. The Senate Judiciary Committee passed SF116, allowing Right-to-Carry Permittees to keep a handgun in their car while picking up and dropping off students at a school. “Red flag” firearm seizure legislation, HF2367, has been introduced. The Des Moines Register ran an editorial against the bill on Feb. 14.
Kentucky:
SB8, a bill that required Kentucky schools to have at least one armed police officer, passed both Houses of the legislature by large majorities and was immediately signed by Gov. Andy Beshear. The law becomes effective immediately.
Maryland:
The House Judiciary Committee voted to withdraw from consideration HB 1261, expanding the number of firearms that are designated “assault” weapons and thus subject to confiscation, has been introduced. This bill would also add a registration requirement to those so-called “assault” weapons. SB422, a bill requiring yearly course for person who have a permit to carry a handgun, was before the Senate Judicial Proceedings Committee on Feb. 13. 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. 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’s action deadline of Feb. 5 to act on any of the bills on its agenda has been rescheduled to May 5, 2020.
Michigan:
Governor Gretchen Whitmer, who gave the Democrat response to President Trump’s State of the Union address, has appointed an anti-gun former Mayor, George Heartwell, to chair the Natural Resources Commission. Heartwell was a member of Michael Bloomberg’s anti-gun groups. 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:
On Feb. 24 the Senate Committee on Agriculture, Food Production and Outdoor Resources is holding a hearing Senate Joint Resolution 62, a constitutional amendment to affirm the public’s right to hunt, fish and harvest wildlife. 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 Feb. 20 the House voted to pass HB1379-FN, banning private sale of firearms, and HB1101-FN, adding a 3-day waiting period to purchase of firearms. HB1350, any firearm transfer has to include a gun safety device (such as a gun lock or safe) has not had a vote by the House Criminal Justice and Public Safety Committee. HB1509, a “red flag” bill for colleges and universities, has been sent to an interim study by the Education Committee. The following bills are still in committee: HB1143, repealing firearms manufacturing limited liability is in the House Judiciary Committee; HB1349, establishing a state mandated committee to study children and firearms accidents in the House Children & Family Law Committee; 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 Jersey:
With less than 48 hours’ notice the Senate Law and Public Safety Committee will hold a hearing Feb. 24 on S120, increasing the penalty for negligent gun storage, and S746, denying persons who have been convicted of “animal cruelty” from possessing a firearm.
New Mexico:
The New Mexico legislature has adjourned. Both houses of the legislature passed SB5, “red flag” firearm seizure legislation,” the bill now goes to Gov. Michelle Lujan Grisham, who has said she will sign it.
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 on June 26. It has been re-referred to the Criminal Justice and Rules and Reference Committees on June 28 and June 30. In the past year 69,375 new carry licenses and almost 100,000 renewals were issued.
Oklahoma:
A bill to rescind constitutional carry that was passed overwhelmingly in 2019, HB3357, was defeated 12-1 in the House Judiciary Committee.
Oregon:
The House Rules Committee passed HB4005, a mandatory firearms storage bill, it goes to the full House for a vote. HB4036, expanding the gun-free zone in the Portland airport, is currently before the Joint Committee on Transportation. SB1538, abolishing pre-emption regarding firearms’ laws, is in the Senate Rules Committee.
Pennsylvania:
On Dec. 16 2019, 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 deferred SB82, “red flag” firearm seizure legislation, to the 41st legislative day thereby killing it for this year.
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 scheduled a hearing for Feb. 19 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:
Senate Judiciary Committee sends House passed HB961, an “assault weapons” ban, to study committee. Although it is dead for 2020, it can be brought up in 2021; Senate Public Safety Committee takes up House passed bills: 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:
To circumvent the crossover deadline of Feb. 19 a new bill banning “high capacity” magazines, HB2947, has been introduced that is not subject to the crossover deadline and it is scheduled for a hearing on Feb. 25. As of Feb. 19 the following bills have been passed by their respective chambers and are still very viable in this session of the legislature. The House passed—HB1010, stopping the Washington State Patrol from selling confiscated firearms, HB2305, adds a new Vulnerable Adult Protective Order that includes a ban on the possession of firearms for a person named in such an order, HB2622, modifying the current firearm surrender provisions thus increasing the burden on the gun owner; HB2623, prohibiting any citizen that has been convicted of a misdemeanor crime of unlawful aiming or discharging a firearm from possessing any firearm, and HB2467, creating a centralized system for firearms transfer to be managed by the Washington State Patrol that will allow firearms transfers through FFL dealers instantaneously. The Senate passed—SB5434, expanding “gun free zones” to include child care centers, where even Right-to-Carry Permittees cannot carry a gun, and SB6288, creating an Office of Firearm Violence Prevention. All other bills are
West Virginia:
HB4955, a Right-to-Carry Permit fee reduction bill has been passed unanimously by the House—the current $75 fee has been reduced to $25 and the fee for honorably discharged military veterans has been eliminated. SB96, expanding the preemption law in West Virginia, passed the Senate by an overwhelming majority 30-2.
Wisconsin:
SB822, allowing persons with Right-to-Carry Permits to carry in churches, was before the Senate Committee on Insurance, Financial Service, Government Oversight and Courts on Feb. 20.
Judicial
Duncan v. Becerra:
Oral arguments are scheduled for April 2, 2020. 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 of 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.
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.”
City of Kansas City, MO v. Jimenez Arms, Inc., et al:
Kansas City, MO is suing 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.
Miscellaneous
American Bar Association (ABA):
During its midwinter meeting the American Bar Association (ABA) passed an anti-gun resolution that states:
Urges federal, state, local, territorial, and tribal governments to enact statutes, rules and regulations that would define the requirements of safe storage of a firearm, require firearm owners to meet those requirements, promote safe storage education for firearm owners and urges the federal government to incentivize safe storage programs within the states.
