By Tanya Metaksa
What’s New— State legislation: Arkansas: SB24 passed by the Senate; Florida: SB370 & SB560 introduced; Montana: HB102 passed the House 66-31; North Carolina: A public hearing online for the purpose of crafting the 2021-22 hunting, fishing and trapping seasons; Oregon: the legislature convened on January 11, 2021 and many anti-gun bills have been filed; Vermont: two new gun bills introduced: S4, S30; Virginia: HB1799, HB2081; Wyoming: SF67, get rid of gun free zones.
Biden-Harris Administration
If anyone had any doubts, this statement published January 8, 2021 on the Biden-Harris Transition website, “As President, I pledge to continue to work together with Congresswoman Giffords, and with survivors, families, and advocates across the country, to defeat the NRA and end the epidemic of gun violence in America, tells every gun owner what to expect. Although there are many active national, state and local gun groups the singling of the NRA= all “gun owners.”
President Joe Biden has announced that he will nominate U.S. Court of Appeals for the District of Columbia Judge Merrick Garland as his Attorney General. Garland, who was nominated in 2016 by President Obama to serve on the U.S. Supreme Court (SCOTUS) is a known anti-gun jurist. In 2007 he served on a panel that considered Parker v. District of Columbia. He voted to rehear the case—fortunately he was on the losing side. Prior to that in a 2000 case, NRA v. Reno, Garland was the deciding vote to uphold the Justice Department’s, under the leadership of Janet Reno, practice of not destroying NICS transfer records as required by federal law.
Bureau of Alcohol, Tobacco, Firearms and Explosives
Be prepared for an active and aggressive BATFE agency that is adversarial in both tone and substance under the Biden-Harris Administration.
U.S. Fish & Wildlife
According to the National Rifle Association (NRA) it has signed a Memorandum of Understanding (MOU) “to assist in the recruitment, education, and retaining of sportsmen and women through NRA’s vast hunter education and outreach programs.”
2021 Gun Bills in the U.S. Congress
H.R. 38, the Concealed Carry Reciprocity Act, was introduced again by Rep. Richard Hudson (R-NC). This bill allows travelers to possess and receive a firearm under federal law if they have a government issued ID card and have a Right-to-Carry permit or reside in a state that allows lawful concealed carry. H.R. 95, remove silencers from definition of firearms.
Anti-Gun bills: Sheila Jackson Lee (D-TX), a member of the Judiciary Committee has at least three bills: H.R. 130, registration of firearms and ammunition owners and storage requirements; H.R. 121, hire 200 more BATFE agents; and H.R. 125, 7-day waiting period before transfer of semiautomatic firearm, silencer or auto piercing ammunition. H.R. 167, Al Green (D-TX), prohibit transfer of firearm at gun show except for an FFL,
2021 State Legislation
All state legislatures are in session in 2021. As of the publication of this Grassroots Alert the following states are in session: Arizona, Arkansas, California, Colorado, Delaware, Georgia, Idaho, Illinois, Iowa, Kansas, Maryland, Michigan, New Jersey, Oregon, Puerto Rico, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Washington, Wyoming
During inauguration week legislatures cancelled sessions in Michigan and Oregon. Others such as Utah, Kentucky, Missouri and Washington put extra security in place.
Arkansas:
The Senate Judiciary Committee held a hearing on Jan. 13 on SB24, eliminating the duty to retreat and was passed in the Senate on Jan. 19 by a vote of 27-7. It has been referred to the House Committee on the Judiciary.
Colorado:
Although the Colorado Sun has reported that Colorado Democrats led by Rep. Tom Sullivan are pursuing gun control measures, to date no legislation has been listed on the legislative website.
Florida:
The Democrat Minority leader, Gary Farmer, from Broward County, has introduced a number of anti-gun bills. He has served in the legislature since 2016 and has introduced anti-gun measures in every session in which he has served. He has primarily promoted safe storage, eliminating state preemption and now in the 2021 session he has introduced an Assault Weapons ban, SB370, and SB560, repealing the prohibition in state statute against record keeping of firearms and firearms owners, in addition to reintroducing his other measures that failed in previous years. Bills in Florida can be filed through March 2.
Indiana:
The legislature began it session this week and HB1369, a constitutional carry bill, has been introduced.
Maryland:
The legislature began it session this week and already HB175, requiring ammunition sellers to conduct a federal NICS background check, has been introduced and been assigned to the House Judiciary Committee.
Montana:
The legislature began its session on January 4. It will be in session until the end of April. HB102, a constitutional carry bill, was passed by the Judiciary Committee on Jan. 11 and was passed by the House Jan. 14 by a vote of 66-31.
Oregon:
The legislature convened and many anti-gun bills have been filed.
Utah:
The Utah legislature will convene on Jan. 19, but HB60, a constitutional carry bill, has been introduced.
Texas:
The legislature convened on Jan. 12 with a record number of profiled anti-gun bills. All Texans should contact their state legislators and urge them to vote against anti-gun bills.
Vermont:
A liberal Democrat Phil Baruth who biannually introduces anti-gun bills and is Vice-Chair of the Senate Judiciary Committee, has introduced two new bills this year. They are S4, a 48-hour waiting period for firearms transfers and S30, “banning firearms possession at certain places-childcare facilities, hospitals and certain public buildings.”
Virginia:
The House Agriculture, Chesapeake & Natural Resources Committee considered HB1799, allowing Sunday hunting on public lands, on January 13. The bill was rejected by the Committee on a vote of 6-16. HB2081, banning firearms at polling places, has passed the House Committee on Privileges and Elections. It now will go to the full House of Delegates. VCDL, the Virginia pro-gun group concluded its lobby day on January 18, 2021. The VCDL main page covers it.
Blacksburg, VA:
The town council unanimously approved a ban on guns on town-owned property on Jan. 12.
Wyoming:
SF67, was filed on Jan. 19 that would allow citizens to carry guns into government meetings and schools, colleges and universities. The legislature will reconvene by Zoom,on Jan. 27, while committees are meeting remotely to consider bills.
Judicial
These are cases that we have been following during 2020. 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.
State of California, et al. v. BATFE, et al:
This case follows along the same lines as the BATFE’s local field offices attempt to place the Honey Badger pistol within the definition of the National Firearms Act. The state of California and Giffords Law Center seeking an order that BATFE “conduct affirmative rulemaking regarding 80 percent receivers and frames in accordance with the GCA.” The plaintiffs are unhappy with BATFE classifying Polymer80 and other 80 percent receivers and frames as not “firearms,” and want BATFE to change what is considered a “firearm” to include such items. On Nov. 24, 2020 Firearms Policy Coalition (FPC), Mountain States Legal Foundation (MSLF) and 80% Arms filed a motion to intervene on this case on behalf of their members.
Fetsurka v. Outlaw:
This lawsuit is a challenge to Philadelphia & Pennsylvania’s unconstitutional handgun carry laws and policies. On Nov. 23, 2020 the plaintiffs made a motion for a temporary restraining order and preliminary injunction against the city of Philadelphia that completely closed their Gun Permit Unit due to COVID-19 for the second time this year.
Call et all v. Jones et al:
Second Amendment Foundation (SAF), Firearms Policy Coalition (FPC), Maryland Shall Issue, Inc and Citizens Committee for the Right to Keep and Bear Arms filed a lawsuit against Maryland’s prohibitive carry regulations in federal court.
Defense Distributed and Second Amendment Foundation, Inc. v. Gurbir Grewal, NJ Attorney General, et all:
This case had its beginning seven years ago. When Cody Wilson in Texas created a fully functional 3-D printed handgun in .380-caliber, took it to a range and found that it worked safely. He then uploaded the story about his firearms as well as the instructions for creating this gun to his website, Defcad.com. Since then there have been lawsuits instigated by both pro and anti-Second Amendment plaintiffs.For a history of this issue see my article entitled, No First Amendment Rights for Second Amendment Supporters.
Lara v. Evanchick:
The Firearms Policy Foundation (FPF) and the Second Amendment Foundation (SAF) have initiated a case challenging Pennsylvania law that denies young adults under 21 the freedom to carry a loaded firearm for self-defense outside their home.
Jones v. Becerra:
This case is similar to Lara v. Evanchick in that it challenges the California ban on firearm purchase by young adults under the age of 21.
Damien Guedes, et al v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al:
As a result of the DOJ rule concerning “bump” stocks a lawsuit has been filed by bump stock owner Damien Guedes and Firearms Policy Coalition, Firearms Policy Foundation and the Madison Society Foundation to seek a preliminary injunction to stop the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enacting the ruling that classifies bump stocks as machine guns. This entire case has been argued by cross filing motions without any in-person oral argument. On October 14, 2020 a PER CURIAM ORDER was filed stating that the court will dispose of the appeal without oral argument on the basis of the record and presentations in the briefs. Before Judges: Henderson, Rogers and Ginsburg.
Campos v. Becerra—
On October 5, 2020 the defendants have responded to the plaintiffs’ complaint on The Second Amendment Foundation (SAF) and several other pro-gun groups have joined together in this lawsuit against the CA DOJ’s delay in firearms transfers. According to Alan M. Gottlieb, “California DOJ and the Bureau of Firearms are using the state’s Dealer Record of Sale and the coronavirus outbreak to violate the state’s 10-day waiting period by extending it as long as 30 days to complete a firearms transaction. The agency is essentially violating its own law to perpetuate its anti-gun political philosophy needlessly delaying the ability of law-abiding Californians to exercise their rights.”
Association of New Jersey Rifle & Pistol Clubs, Inc. v. Attorney General New Jersey—
this is an appeal from the decision of a 3-judge panel in the case of New Jersey’s law to ban that possession of magazines with a greater capacity than 10-rounds. A brief was filed by Professors Of Second Amendment Law, Firearms Policy Coalition, Firearms Policy Foundation, Madison Society Foundation, California Gun Rights Foundation, And Independence Institute In Support Of The Petition For Rehearing En Banc.
Federal Law Enforcement Officers Association v. Gurbir Grewal—
The NRA and the Association of New Jersey Rifle & Pistol Clubs have filed an amicus brief in this case. This is another case in which the state of New Jersey is over reaching. A federal law, Law Enforcement Officer Safety Act, (LEOSA) allows current and retired law enforcement officers to carry firearms nationwide. However, the state of New Jersey is requiring these officers to get state-issued Right-to-Carry Permits. The case is being tried in the U.S. District Court for the District of New Jersey.
Duncan v. Becerra,
Last Aug. 28 the office of the Attorney General filed a petition for an en banc hearing on this case. Chuck Michel, the lead attorney, posted on Facebook, “The Ninth Circuit has ordered us to file a response to the state’s request for en banc review. ON IT.” TheNinth Circuit Court held that the California law banning magazines capable of holding more than 10 rounds is unconstitutional. However, this does NOT mean any Californian can now start buying or selling magazine with a capacity over 10 rounds. CRPA has an extensive analysis of this decision. Additionally the California DOJ posted a notice saying the prohibition ”remains in place until the appellate process is final.” This case in addition to Rupp v. Becerra, which has been appealed to the Ninth Circuit, and Villaneuva v. Becerra, attacking the California DOJ’s regulations on “assault weapons” that was filed on September 7. 2017 are part of a three-prong attack on the California laws regarding bans on assault weapons and “large capacity” magazines that began early in 2017 by the CRPA and the NRA.
