By Tanya Metaksa
Latest developments— Federal legislation H.R. 5087, Political: Alabama, Oregon, Judicial: US Supreme Court; Village of Deerfield; National Shooting Sports Foundation Inc. v. State of California, State Legislation: Connecticut, Delaware, Illinois, Massachusetts, New Jersey
115th Congress (2nd session)
H.R. 2, The Farm Bill, passed the House of Representatives on a 213-211 vote. The Voluntary Public Access and Habitat Incentive Program, that is the only federal program aimed at opening private land to public access including hunting, received a 25% increase in funding. However, there were long term cuts to conservation that were also included. S. 3042, the Senate Farm bill, is still being considered in the Senate.
H.R. 1625, Consolidated Appropriations Act, 2018, passed the House and the Senate and was signed on 3/23/2018 by President Trump. Included S. 2135, Fix NICS Act of 2017; H.R. 4909/S.2495, Stop School Violence, and an amendment that included language to allow CDC, the Centers for Disease Control and Prevention, to conduct research on gun violence.
H.R. 5087, the Assault Weapons Ban of 2018, has been introduced with 174 anti-gun Democrats signing on. This ban is so broad and poorly written that 99% of long guns would probably be eliminated, including the Glock18.
Judicial
The US Supreme Court: On June 27, 2018 Justice Anthony Kennedy announced that he would be retiring from the Supreme Court effective July 31, 2018. On July 9, 2018 President Trump announced his nomination for Justice Kennedy’s seat: Judge Brett Kavanaugh of the US Court of Appeals for the District of Columbia Circuit. This is Trump’s second nomination for a Supreme Court Justice and Kavanaugh is another advocate for gun owners and those that believe in a strict constructionist view of the Constitution. In the Heller v. District of Columbia, 670 F. 3d 1244 – Court of Appeals, Dist. of Columbia Circuit 2011, he authored a dissenting opinion that stated, “Whether we apply the Heller history- and tradition-based approach or strict scrutiny or even intermediate scrutiny, D.C.’s ban on semi-automatic rifles fails to pass constitutional muster. D.C.’s registration requirement is likewise unconstitutional.”
Guns Save Life, Inc. v. Village of Deerfield: The Village of Deerfield, IL banned the possession of certain firearms and magazines. As a result a lawsuit was filed against the Village of Deerfield. A temporary restraining order issued by the Nineteenth Judicial Circuit Court for Lake County, IL stopped the Village of Deerfield from enforcing the ordinance.
National Shooting Sports Foundation Inc. v. State of California: Only in California can the legislature pass a law requiring the sale of an item that is impossible to manufacture. In 2007 the legislature passed a law decreeing that only guns could be sold that (1)had the make, model and serial number imprinted in two or more places internally and (2) were required to also imprint this information on each cartridge case that was fired. Any new gun that failed to meet this requirement was deemed “unsafe.” The National Shooting Sports Foundation (NSSF) and the Sporting Arms and Ammunition Manufacturers Institute (SAAMI) brought suit to stop enforcement of the law. The plaintiffs alleged that no semiautomatic pistol could be manufactured to meet these requirements. In 2017 the California Court of Appeals directed the plaintiffs to present evidence of the impossibility of following the requirements, because a section of California law “never requires impossibilities.” In late June, however, a panel of the California Supreme Court ruled that using the “impossibility” defense could not be used to invalidate the 2007 law.
Boulder, CO Ordinance 8245: Two lawsuits have been filed since the City of Boulder CO banned the ownership of “assault” weapons, high capacity magazines and raised the minimum age for firearms possession to 21. Caldara et al v. City of Boulder and Chambers, et.al v. City of Boulder.
Association of New Jersey Rifle & Pistol Clubs, Inc., et. al. v. Gurbir Grewal, et. al: NRA-ILA announced its support for this lawsuit to halt the enforcement of New Jersey’s ban and required disposal of previously owned “high capacity” magazines.
Minnesota Voters Alliance Et Al. V. Mansky Et Al: The US Supreme Court (SCOTUS) took issue with a Minnesota law that prohibited the wearing of apparel that supported a “political” concept. SCOTUS upheld the prohibition of apparel that supported a candidate or a party, but under the First Amendment rejected an arbitrary enforcement of “political” speech.
NRA v. Cuomo: Filed in the US District Court for the Northern District of New York alleges that Gov. Cuomo and NY Department of Financial Services (NYDFS) violated the First Amendment rights of the NRA. The Gov. and Maria T. Vullo (Chair of NYDFS) did so by sending “guidance” letters to banks and insurance companies that do business in New York State urging them to stop doing business with NRA.
Village of Deerfield, IL: [1] The Village of Deerfield, IL passed Ordinance 0-18-06 on April 2, 2018, banning “assault weapons”—a term defined by the ordinance. The Second Amendment Foundation, the Illinois State Rifle Association and Daniel D. Easterly filed suit in the Circuit Court of the Nineteenth Judicial Circuit of Illinois. The basis of this suit is that the issuance of such an ordinance is preempted under current Illinois law. [2] Guns Save Lives and The NRA Institute for Legislative Action have announced another suit. The judge has issued an injunction against enforcement.
Workman, et. al. v. Healey: After the MA AG Maura Healey on July 20, 2016 announced an “enforcement notice” on firearms that had been sold in the state since the year 2000, rewriting the MA statute that dealt with banned rifles and magazines, a group of individuals and corporations filed the suit in the US District Court for the District of Massachusetts. Unfortunately, Judge William G. Young’s decision upheld the action of the AG Healey and stated, “Massachusetts is free to ban these weapons and large capacity magazines.”
National Rifle Association of America, Inc. v. Bondi: On Mar. 9 the National Rifle Association (NRA) announced that it had filed suit against Florida’s newly enacted law that bans citizens between the ages of 18-21 from purchasing any firearms. The suit was filed in the US District Court for the Northern District of Florida.
New York State Rifle & Pistol Association, Inc. et al v. Beach et al: The NY State association of the NRA and Robert Nash filed a lawsuit in federal court on Feb.1 against state Supreme Court Justice Richard C. McNally, Jr., who rejected Nash’s application for a Right-to-Carry permit.
Political: Primary Elections & Initiatives
Alabama: In the June 5, 2018, Republican primary election the NRA-PVF endorsed Gov. Kay Ivey won her primary, while NRA endorsed Attorney General Steve Marshall will be in a runoff on July 17.
Oregon: Initiative Petition IP43, banning so-called “assault weapons” and high capacity magazines, was the subject of a Oregon Supreme Court challenge filed on June 14, 2018 by the Oregon Hunters Association and the National Rifle Association. The Oregon Supreme Court ruled on June 27 that such terms as “assault weapons” and “large capacity magazines” were misleading and that the Oregon Attorney General had five days in which to modify the title and resubmit. The July 6, 2018 deadline for getting 88,000 signatures has past thus IP43 will not be on the 2018 November Ballot. Promoters for Initiative Petition IP44, mandating that all firearms be locked with a trigger-locking device and firearms owners would be subject felony convictions if the firearm was stolen or a minor gained access to the firearm, have given up their effort to get it on the 2018 ballot.
Washington: Another anti-gun ballot initiative, 22-pages long, includes raising minimum age for gum purchase to 21, enhanced background checks, safe storage crimes and many other restrictions, is seeking signatures to get on the 2018 ballot.
State Legislation
Montana, Nevada, North Dakota, & Texas were not in session this year. The following states have adjourned: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, New York, North Dakota, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, Wisconsin and Wyoming.
California:
The legislature is in recess until August. AB2382, a bill requiring anyone selling firearms’ part to become a dealer by Jan 1, 2023, passed the Senate Public Safety Committee on a 5-2 vote, and SB1177, limiting the purchase of any firearm to one gun a month, was passed by the Assembly Public Safety Committee. In the Assembly Water, Parks and Wildlife Committee SB1311, an annual sportsmen’s license that includes both hunting and fishing licenses in a single license, and SB1485, banning the import, sale and possession of ivory products, were passed. In the Senate Veterans Affairs Committee AB986, reducing hunting and sport fishing licenses for veterans, passed.On June 19: In the Senate Public Safety Committee and the Assembly Public Safety Committees passed: AB3 that has already passed the House has been amended to prohibit persons under the age of 21 to purchase firearms or ammunition, AB2888, expanding the list of persons who can file gun violence restraining orders, SB1100, expanding the one gun a month restriction to long guns, and SB221, prohibiting the sale of firearms and ammunitions at the Cow Palace after Jan. 1, 2020, were ordered to be re-referred to Appropriations Committee and then passed. The Senate passed SJR24, urging Congress to reinstitute the “assault weapons” ban and it now goes to the Assembly Public Employees, Retirement and Social Security Committee. The Assembly and the Senate Natural Resources Committee passed: AB986, reduce hunting license fees for veterans, and AB2151, reducing the cost of youth hunter licenses. The Assembly and the Senate Public Safety Committee passed AB2103, expanding the training requirement for carry permits. The Senate and the Assembly Public Safety Committee passed SB1382, expanding vehicle storage options for firearms in pickup trucks and utility vehicles. The Assembly Revenue and Taxation Committee passed AB2497, a California Agriculture Day bill that was amended with a new state tax on firearms and ammunition to pay for school counselors and safety officers. AB3199 has been amended by adding banning firearms as raffle prizes for charitable organizations and was referred to the Assembly Public Safety Committee.
Connecticut:
The Connecticut legislature has adjourned. Gov. Dannel Malloy signed HB5542, banning components that accelerate the rate of fire of a semi-automatic rifle.
Delaware:
Gov. John Carney signed HB330, banning the sale and possession of firearms to anyone under 21 years of age. SB163, banning the sale, possession and transfer of commonly owned semi-automatic rifles, was defeated for a second time in the Senate Judicial and Community Affairs Committee.
Florida:
The news media in Florida attacked Commissioner of Agriculture Adam Putnam for allegedly failing to “review national background checks” on applicants for concealed weapons permits for more than a year. Turns out the headlines exaggerated the problem. After careful examination by USF Executive Director Marion Hammer the truth has been revealed. All background checks through the Florida Criminal Information Computer system (FCIC) and the National Instant Check System (NICS) were done. Of the 350,000 applicants that were processed only 365 were disqualified. The employee did not stop those 365 names from being processed as qualified. The employee was subsequently fired and 291 applicants had there licenses suspended.
Hawaii:
The Hawaii legislature has adjourned.Gov. David Ige signed SB2046, prohibiting certain trigger modifications.
Illinois:
SB337, another dealer licensing bill, SB3256, creating a new state registry of firearms transfers, and HB2354, allowing family or law enforcement to petition a court to seize a person’s gun without due process, have been sent to Gov. Rauner for his consideration. HB1468, requiring a 72-hour waiting period prior to the delivery of an “assault weapon” (new definitions) was vetoed by Gov. Rauner. HB1465, infringing on Second Amendment rights banning firearms, and magazines, and the ability of young adults to purchase firearms and HB1467, repealing the firearm preemption law in IL, have passed the House of Representatives and the Senate, but need another vote on concurrence in the House. House Amendment 1 to HB1470 to institute a one-handgun-a-month purchase limitation is awaiting action in the Rules Committee.The Senate Judiciary Committee passed Senate Amendment 1 to SB2343, increasing the penalty to a non-probational felony for possessing, manufacturing, carrying certain firearms accessories and increasing the penalty even further when these accessories are attached to a firearm, and SB2314, repealing the Illinois firearm preemption statutes. These bills now are awaiting a vote in the Senate. HB1469, a bill dealing with sexual exploitation of children has been amended with a ban on magazines with a capacity of more than 10 rounds in the House Judiciary Committee..
Kansas:
The Legislature has adjourned. Gov. Jeff Colyer signed HB2145 that prohibits certain persons from possessing firearms including those convicted of a domestic violence misdemeanor within the past 5 years.
Louisiana:
The Louisiana legislature has adjourned. Gov. John Bel Edwards signed SB402, allowing Right-to-Carry permittees to volunteer in churches as armed security, SB231, allowing anyone to instigate proceedings to remove firearms from an individual who has violated a protective order, and HB602, allowing Right-to-Carry permittees to carry on school property.
Massachusetts:
HB4517, is the new number for HB3610, allowing firearms to be seized without due process, was reported out of the House and it contains SB2376, requiring “electronic” stun guns to fall under the current firearms laws.
Michigan:
A Constitutional Carry group of bills: HB4416, 4417, 4418 and 4419. HB4554, removing the current pistol registration requirement, have passed the House and are awaiting Senate action. SB0527, guaranteeing that persons who become foster parents do not lose their Second Amendment rights, and SB366, allowing provisional Right-to-Carry permits for those persons 18-20 years of age have passed the Senate.
Nebraska:
The Nebraska legislature has adjourned. Gov. Pete Ricketts signed LB902, a firearms record confidentiality bill.
New Hampshire:
HB1749, A bill seeking redress for towns that prohibit or regulate firearms in violation of the preemption statute has been introduced, has been referred to interim study for examination.
New Jersey:
Gov. Phil Murphy has signed S2259, instituting “extreme risk” protection orders; S102, banning magazines with a capacity greater than 10 rounds; S160, giving “health professional” the power to suspend gun rights; and S2374, background checks on all firearms transfers; S2376, codifying NJ’s “justifiable need” for a Right-to-Carry permit.
New York:
The New York legislature has adjourned. Gov. Cuomo is leading a charge against any businesses that work with the NRA.
North Carolina:
SB677, adding a Right to Hunt and Fish to the North Carolina Constitution, passed the Senate on a 44-4 vote. On June 25 the House of Representative passed with an amendment and the Senate concurred. The Constitutional Amendment will be on the November 2018 ballot.
Ohio:
On May 22 the House Federalism and Interstate Relations Committee passed Sub HB228, expanding the locations where a person has no duty to retreat before using force under both civil and criminal law, and modifying the Concealed Handgun Licensing Law regarding a licensee’s duty to keep the licensee’s hands in plain sight, and penalties. The House passed HB132, a substitute for HB142, that eliminated the requirement that a Right-to-Carry permittee must inform a police officer that he/she is carrying, and HB233, a bill to change the penalty for a person with a Right-to-Carry permit or a military member who is carrying a concealed firearm where it is prohibited to a possible misdemeanor.
Rhode Island:
Gov. Gina Raimondo signed SB2292A, banning modifications to firearms and certain accessories, and SB2492A, allowing for the issuance of protective orders to infringe on Second Amendment rights based on third party allegations.
South Carolina:
The Senate Judiciary Committee heard SB449, a permitless carry bill.
Utah:
The Utah School Safety Commission passed policy recommendations to make Utah schools safer: universal background checks, mandatory firearms storage, waiting periods, and removing firearms from persons without due process.
Washington:
The Seattle City Council is proposing an ordinance that would require that if a firearm theft is not reported to the police within 24 hours from the time the victim “should have known” the victim would be subject to a fine.
Wisconsin:
The legislature has adjourned. Gov. Scott Walker signed AB820, establishing procedures for closing shooting ranges.
