By Tanya Metaksa
TANYA METAKSA
What’s New—State Legislation: Virginia first hearing on Jan. 13, 2020, New Hampshire-HB867 in House for a vote; Judicial–National Rifle Association, John Doe v. City of Los Angeles; 2020 Elections—Billionaire Michael Bloomberg is running for the Democratic nomination for President. Senator Elizabeth Warren’s firearms and ammunition excise tax increase proposal.
2020 Elections
Billionaire and Former NYC Mayor Michael Bloomberg is now running ads on television as a Democrat candidate for President. His ads tout his anti-gun credentials.
Elizabeth Warren has proposed increasing the current 10% excise tax to 30%. Those taxes that have been supported by gun owners, hunters and fishermen for over 70 years in order to maintain wildlife, shooting ranges and outdoor recreation areas and are paid as an addition to the cost of the item. This proposal in in addition to her other proposal for government imposed limits on gun and ammunition purchases.
Ballot initiatives-2020
Florida:
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. This number should allow a Florida Supreme Court review of the proposed ballot question, a first step in the process of being put on the 2020 ballot. Last July 29, Florida Attorney General Ashley Moody petitioned the Florida Supreme Court for a written opinion on the language of the proposed initiative. She also “request(ed) the opportunity to present argument in opposition to placement of this proposed amendment on the ballot. The proposed amendment’s title and summary are not clear and unambiguous and do not comply with the requirements of section 101.161(1), Florida Statutes. Indeed, the title and summary should not be submitted to Florida voters because the title and summary fail to inform voters of the chief purpose of the proposed amendment and are affirmatively misleading.”
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.
Washington:
Grassroots activists failed in their effort to certify Initiative 1094, which would have repealed gun control Initiative 1639, passed in November 2018. The campaign did, however, energize right activists. They have now formed the Washington 2020 Legislative Action Group.
Federal
Trump Impeachment:
On Dec. 18, the U.S. House of Representatives voted to charge President Trump with abuse of power and obstruction of Congress and send these articles of impeachment to the U.S. Senate for a trial. The vote on Article One, abuse of power, was 230-197. Two Democrats joined all the Republicans in voting NO. On the obstruction of Congress article the vote of 229-198. Representative Jared Golden (D-ME) voted NO on this article of impeachment. Congresswoman Tulsi Gabbard (D-HI), who is running for President, voted “present” on both counts. In a strange twist, Speaker of the House, Nancy Pelosi (D-CA) decided to “hold” the articles of impeachment in the U.S. House rather than sending them to the U.S. Senate for a trial. After the votes were completed Pelosi stated, “We have legislation approved by the Rules Committee that will enable us to decide how we will send over the articles of impeachment… We cannot name [impeachment] managers until we see what the process is on the Senate side.” The second session of the 116th Congress has officially begun and still President Trump’s impeachment trial is held up in the House of Representatives.
Many authorities say Pelosi has no legal authority to make any demands on how the Senate conducts the actual impeachment trial.
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 on Sept. 10 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.”
Judicial
New York State Rifle & Pistol Association Inc. v. City of New York, New York:
Monday, Dec. 2 was Second Amendment day at the U.S. Supreme Court (SCOTUS). But the argument wasn’t really about gun laws, but about whether the case is open to debate –moot– or whether SCOTUS should not bother to review this case.
The suit was brought by New York city residents who have “premises permits” in the City of New York. These permits as their name implies allow the gun owner to keep guns in their homes. Until 2001 New York City also issued “target licenses” that allowed gun owners to transport their firearms to shooting ranges outside the city limits. After 2001 when the only NYC-issued license were “premise permits” it became illegal for a licensed gun owner to transport his firearms to anyplace other than one of seven shooting ranges within the city limits. Violation of this ordinance could result in a year in prison.
In 2013 this suit was filed in the US District Court for the Southern District of New York (the District Court). The plaintiffs’ argument was that the NYC ordinance violated their Second Amendment rights, the Commerce Clause and their freedom to travel. The district Court dismissed the plaintiffs claim in 2015. The plaintiffs then appealed to the U.S. Court of Appeals for the Second Circuit. In early 2018 the Second Circuit Court held that US Supreme Court decision in Heller and McDonald did not include transportation of a firearm or having a firearm outside the home and that “the City has met its burden of showing a substantial fit between the Rule and the City’s interest in promoting public safety,” thus denying the plaintiffs’ appeal. It was then appealed to the US Supreme Court for consideration. On January 22, 2019 SCOTUS granted the plaintiffs petition.
Since then–almost a year ago–gun control advocates, the City and State of New York have been on a frenzy to change New York city law. All these entities fear that a pro-Second Amendment majority on SCOTUS would create case law that would broaden the scope of Heller and McDonald. Thus have worked diligently to change the laws both in NYC and in New York state to force SCOTUS to stop considering this lawsuit. NYC went through the process of liberalizing their gun control ordinance to allow licensed gun owners to transport their firearms to homes and shooting ranges outside the city. Even Governor Andrew Cuomo got involved and signed the New York State legislature’s new gun law that allowed licensed handgun owners to transport firearms to places they are legally permitted to have them.
Thus after the 2019 summer of “new gun laws” in New York, NYC then requested that SCOTUS rule the issue moot. In October SCOTUS denied the request to consider the case moot and stated, “The question of mootness will be subject to further consideration at oral argument”.
At oral argument, the issue of whether laws restricting the transportation of firearms violate citizens Second Amendment rights, was almost ignored because the “mootness” issue was discussed at great length by Justices Ginsberg, Sotomayor, and Kagan, the the most anti-gun Justices on SCOTUS. In fact, most of the time was taken up with the argument over mootness. The argument of these three liberal jurists was essentially summed up by Justice Ginsberg who asked, “What’s left of this case? The petitioners have gotten all of the relief they sought.” Hopefully, there will be 5 votes that will agree with the plaintiffs’ lawyer, Paul D. Clement, who argued that the restrictions imposed by the NYC ordinance were at odds with the Second Amendment and the case should be decided by SCOTUS.
National Rifle Association, John Doe v. City of Los Angeles:
The City of Los Angeles, CA adopted an ordinance (#18600) that required all prospective contractors of the City to disclose contracts or sponsorship of the National Rifle Association on Feb. 12, 2019. 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.”
Bass, Seaburg, The Second Amendment Foundation and The National Rifle Association v. City of Edmonds.
In 2018 the City of Edmonds, WA passed an ordinance to regulate how firearms must be stored within the city. The plaintiffs filed suit alleging that the “state of Washington has exclusive right to regulate the possession of firearms.” On Oct. 18 Judge Anita Farris ruled the ordinance “impermissibly regulates firearms in violation” of Washington’s 36-year-old preemption law. The City of Edmonds is appealing to the Washington state Supreme Court.
State Legislation
All state legislatures with the exception of Montana, Nevada, North Dakota, and Texas will be in session in 2020
With the exception of the following legislatures all the rest will begin in January 2020: Beginning in February—Minnesota, Connecticut, Oklahoma, Oregon & Wyoming; March—Louisiana; April—Arkansas
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.
Kentucky:
The Interim Joint Committee on Judiciary held a hearing on Nov. 22 on “red flag laws.” No legislation has been introduced to date, but the 2020 legislative session begins on January 14, 2020.
Massachusetts:
The Joint Committee on Public Safety and Homeland Security held a hearing on firearms legislation. 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.
New Hampshire:
A carry-over bill, HB687, allowing firearms seizure without due process was voted out by the House Criminal Justice and Public Safety Committee and can be voted on by the full House of Representatives early in the session.
Ohio:
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.
Oregon:
Since the backers of Initiative Petition 18 have gather the required signatures to begin the petition gathering process, expect a strict gun storage bill to be considered by the legislature in 2020.
Pennsylvania:
On Nov. 20 three new anti-gun bills were introduced and referred to the House Judiciary Committee: HB2076, a person’s drivers 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.”
Virginia:
With the election of a Democrat controlled legislature Gov. Ralph Northam is introducing a package of anti-gun bills with the first hearing to be held on January 13, 2020. Among the many anti-gun prefiled bills are: HB318, would ban ammunition of any school property including school buses, and SB18, making it unlawful for any person under the age of 18 to own, use, transport a firearm and making it a felony if a person under the age of 18 uses a firearm.
