By Tanya Metaksa
What’s New— State Legislation: California-The legislature is in recess until Aug. 12 and the Assembly Appropriations Committee sent SB61 to the suspense file to be considered at a later date. Mississppi-NRA-PVF endorsements in the Mississippi 2019 statewide primary election on Aug. 6, 2019. New Jersey-Gov. Phil Murphy signed four anti-gun anti-gun owner bills: A3896, encouraging range owners to take mental health training; A4449, increasing the penalty for people who try to acquire a gun but are ineligible to have a gun; S101, requiring every gun store to see at least one “approved” smart gun; and S3897, making persons, who have been convicted of crimes such as carjacking and making a terrorist threat, ineligible to own a firearm. Oregon-Initiative Petition 40 was filed on July 18.
Virginia-The Crime Commission has announced it would hold hearings on Aug. 19 and 20 to review Gov. Northam’s gun proposals.
2019 Election Primer – Circle These Dates
Four states are holding statewide and local elections on Nov. 5, 2019: Kentucky, Mississippi, New Jersey and Virginia.
Louisiana is holding a statewide election on Nov. 16, 2019 with the primary being held on October 12.
In Mississippi the primary election will be held on Aug. 6, 2019 with a runoff election, if needed, on Aug. 27. Gov. Phil Bryant is term-limited so there will be no incumbent running. The National Rifle Association Political Victory Fund (NRA-PVF) has endorsed the following candidates in the primary: Lt. Gov. Tate Reeves for Governor, Mark Baker for Attorney General, Delbert Hosemann for Lt. Gov., and State Senator Michael Watson for Secretary of State.
Federal
Secretary of the Interior David Bernhardt announced a proposed expansion plus new hunting and fishing opportunities across 1.4 million acres managed by the US Fish & Wildlife Service.
President Trump signed H.R. 1222, the Target Practice and Marksmanship Training Support Act into law May 10, 2019. The law now gives states more flexibility to use Pittman-Robertson Funds, to build new public ranges and improve existing ranges. This bill had been passed the US Congress in February.
At the NRA Annual Meeting President Trump signed a letter to the US Senate “requesting that it halt the ratification process and return the treaty to the Oval Office.” He then said once it is returned he would dispose of it.
- 821, the Freedom Financing Act, introduced on March 14, 2019 by Sen. Kevin Cramer (R-ND) and John Kennedy (R-LA), would prohibit financial service companies from discriminating against the firearms industry. This bill is a result of the Obama Administration’s Operation Choke Point where federal regulators went after banks and financial companies that did business with companies in the firearms industry. Just recently Rep. Carolyn Mahoney (D-NY) took the CEO of Wells Fargo Bank to task during a public hearing because he would not halt business with companies in the firearms field. Other federal legislators such as Reps. Alexandria Ocasio-Cortez (D-NY) and Ayanna Pressley (D-MA) have also gone after big banks on this issue.
H.R.1263, National Firearms Amendments Act of 2019, would drastically expand the number of different firearms covered by the National Firearms Act. The long arms covered by this proposal would include not only “assault weapons” but also rimfire rifles used for target practice and hunting small game.
H.R. 1296, the Assault Weapons Ban of 2019, was introduced by Rep. David Cicilline (D-RI) and 190 co-sponsors. This bill is similar to S.66 introduced by Sen. Feinstein. (See below).
H.R. 1112 turns the 3-day waiting period after which an FFL can transfer a firearm into an indefinite delay of purchase.
- 351, the Gun-owner Registration Information Protection Act (GRIP Act) to ensure federal funding cannot be used by states, localities, or any other organization to maintain gun registries, was introduced.
Transferring international small arms sales regulation from State Dept. to Department of Commerce: In May 2018 the Trump administration announced that the authority to approve international sales of small arms exports, including semiautomatic rifles and weapons that are .50-caliber and under would be transferred to the Department of Commerce from the State Department. The rule making has finally finished the cumbersome process, but Sen. Robert Menendez (D-NJ) appears to be placing a “hold” on the rule. This will delay the process even further although it probably won’t stop it permanently.
- 69, The Constitutional Concealed Carry Reciprocity Act of 2019, was introduced by Sen. John Cornyn (TX-R) on January 10, 2019.
Assault Weapon Ban of 2019, S.66, was introduced by Sen. Dianne Feinstein and at least 25 other Democrats on Jan. 10, 2019.
S.193, to require the safe storage of firearms, was introduced by the two CT Senators. Firearms owners who fail to secure guns would face a class D felony, $500 fine and up to five years in prison, if the firearm causes injury or death.
S.202, A bill to provide that silencers be treated the same as firearms accessories, has been introduced by Senator Mike Lee (R-UT).
Judicial
Sharp v. Becerra:
In 2016 the California legislature enacted SB880 and AB1135, the redefined “assault weapon” to include many legally owned firearms including those with “bullet buttons” and required persons to register such guns in order to keep them. Included in the bill language was a requirement for the DOJ to “create a functional ‘public-facing’ Internet based registration system for this purpose.” [https://www.firearmspolicy.org/sharp-update] The DOJ was unable to maintain such a website and thus many law-abiding gun owners were unable to comply with the registration law within the timeframe required. Thus in 2018 after the CA DOJ closed the website this lawsuit was filed by the petitioners and the Calguns Foundation; Firearms Policy Coalition; Firearms Policy Foundation; And Second Amendment Foundation. A motion to dismiss was filed by the DOJ and on June 25, 2019 Judge Morrison C. England, Jr., DENIED the motion.
B&L productions, inc. et al.v. 22nd district agricultural association, et al.
The Del Mar Fairgrounds Board of Directors voted in September 2018 to prohibit gun shows at the fairgrounds after December 31, 2018. As a result a lawsuit supported by the California Rifle and Pistol Association, the Second Amendment Foundation (SAF) and the National Rifle Association (NRA) was filed in the US District Court for the Southern District of California. On June 19, 2019 U.S. District Judge Cathy Ann Bencivengo issued a preliminary in junction that will allow the gun shows to continue at the fairgrounds until the court rules on the legality of the suspension.
Kettler v. United States:
SCOTUS refused to hear a case from Kansas that would have tested the premise that the Second Amendment should apply to firearm accessories such as suppressors.
Commonwealth Of Pennsylvania, v. Michael J. Hicks:
This case was brought to the Pennsylvania Supreme Court (PSC) by the defendant, Michael Hicks. Mr. Hicks, a Pennsylvania citizen who although he had a Right-to-Carry permit was apprehended by the Allentown police after they were notified that a man had a firearm in the parking lot of a gas station. The police arrived and did a “stop and frisk.” He was arrested and subsequently convicted of a “DUI”. Mr. Hicks appealed and his appeal was denied by the Superior Court. He then “sought allowance” to the PSC. The PSC took the case because they wanted to consider whether the Superior Court’s application of ability of the police to “stop and frisk” based on the report of a firearm “comports with the requirements of the Fourth Amendment.” The PSC was very clear in dismissing the charges against Hicks stating, “possession of a concealed weapon in public creates a reasonable suspicion justifying an investigatory stop in order to investigate whether the person is properly licensed.”
Daniel Mitchell, et al, v. Chuck Atkins, et al:
This lawsuit is supported by the Second Amendment Foundation and the NRA, seeking to declare that the sections 12 and 13 of I-1639’s amendments to Washington’s statutes are unconstitutional. The defendants sought to dismiss the plaintiff’s first amended complaint but were denied by US District Judge Ronald B. Leighton.
Livingston v. Ballard:
This is a lawsuit against the state of Hawaii’s “de facto ban on all manner of carry by ordinary citizens.” It was filed in March 2019.
Anderson v. City of Pittsburg:
This lawsuit challenges the Pittsburgh ordinance banning the carrying of magazines that hold more than 10 rounds of ammunition based on Pennsylvania’s firearms preemption statute.
Duncan v. Becerra:
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.” However, as of April 5, the restrictions against magazines that hold 10 or more rounds are back in place. “For those persons who have manufactured, imported, sold or bought” such magazines between March 29, 2019 and 5:00 pm April 5, 2019 the injunction remains in place. History of the case: On June 13, 2017 a motion for a preliminary injunction was filed and on June 29 Federal Judge Benitez, granted the injunction stating, “If this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property. That is a choice they should not have to make. Not on this record.” The decision was appealed to the United State Court of Appeals for the Ninth Circuit. On July 17, 2018 that Court affirmed Federal Judge Benitez’s suspension of the enforcement of this law. The Court also sent the case back to Judge Benitez to rule on the law itself. It is very likely that California will appeal his decision back to the full Ninth Circuit which has been hostile to Second Amendment cases. Given that judicial history this case is likely to be appealed to the US Supreme Court.
State Legislation
All 50 state legislatures are in session in 2019.
As of July 22, 2019 the following states are still in session: California
Massachusetts, Michigan, New Hampshire, New Jersey, North Carolina, Ohio, Pennsylvania, Wisconsin
California:
The legislature is in recess until August 12, 2019. The Senate passed AJR4 encouraging Congress to pass Background Checks Act of 2019 and it was added to CA statutes of 2019. AB1297, removing the maximum fee limit that a local government can charge for an application for a Right-to-carry application, is awaiting action in the Senate. The following bills are in Senate Appropriation Committee’s suspense file: AB12, removing the maximum fee limit that a local government can charge for an application for a Right-to-Carry application; AB61, expanding those persons who can file “gun violence restraining orders; AB879, mandating the state require firearms parts be sold/transferred through a licensed parts dealer; AB893, prohibit sale of firearms and ammunition at Del Mar Fairgrounds after Jan 1, 2021; AB1669, raising the DROS fees that are added to the cost of a firearm’s purchase; and AB1254, prohibiting bobcat hunting, trapping or taking.
Awaiting action in the Assembly: SB220, increasing mandatory storage requirements for licensed firearms dealers. SB172, expanding the penalties for not storing firearms according to the current law, is before the Assembly Appropriations Committee. The Assembly Appropriations Committee sent SB61, expanding the one-handgun-a-month law to all firearms and prohibiting persons the purchase of centerfire semi-automatic rifles to persons under 21 years of age, to the suspense file. SB120, increasing the penalty for violation of firearms transportation statutes to include a 10-year prohibition on firearms ownership, has had two hearings cancelled by request of the author. The following bills appear to be dead for the session: AB18, a $25 excise tax on the purchase of a firearm; AB688, mandatory storage requirements for firearms in vehicles; and AB1064, allowing local governments to further restrict licensed firearms dealers.
Delaware:
The Delaware legislature has adjourned. Gov. John Carney signed HB63, a mandatory storage bill with multiple requirements for a gun owner—store in a locked box and disabled with a trigger lock and stored where it was “secure from access by an unauthorized person.”
Florida:
Gov. Ron DeSantis signed HB5, that included an amendment ensuring that amendments to the Florida constitution are supported by Florida residents. According to the Tallahassee Democrat “the bill will soon require people gathering petitions to register with the state and live in Florida, effectively eliminating a sort of cottage industry that specializes in crafting constitutional amendments and guiding them through the referendum process. It also forbids paying canvassers by how many voter signatures they gather.” Ban Assault Weapons Now!, an organization by 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.
Illinois:
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.
Michigan:
HB4434, reducing the penalty for those that forgot to renew their Right-to-Carry Permits to a civil fine rather that a felony, passed the House 90-19.
New Jersey:
On July 16, Gov. Phil Murphy signed A1016/S101, requiring gun shops to sell “smart” guns; A3896, requires Commissioner of Health to establish suicide prevention training course for firearms dealers; A4449, establishes a new criminal of soliciting transfer of firearm by a disqualified person; and S3897, criminalizes purchase, transfer, or possession of certain weapons and ammunition by persons convicted of certain crimes; establishes crime of transferring or possessing firearm without serial number. Other bills that were passed by the Assembly Judiciary Committee include: A3696, mandatory storage of firearms, A5452, requiring training to get a Firearms Identification Card (FID); A5453, further criminalizing the transfer of firearms to disqualified purchasers; A5453, criminalizes the purchase and possession of firearms and ammunition by prohibited persons; and A5455, regulating the sale of handgun ammunition.
New Hampshire:
On June 27 HB564, criminalizing the carrying of guns in cars on school property, was approved by the House. Earlier the House concurred with the Senate on supporting HB109, a preemption bill that banning the private transfer of firearms; HB514, a 7-day waiting period before taking possession of a purchased firearm; and HB696, allowing for seizure of firearms without due process. These bills now go to Governor Chris Sununu.
New York:
The New York legislature has adjourned. In an attempt to moot the New York State Rifle & Pistol Association Inc. v. City of New York scheduled to be considered by the US Supreme Court in the fall 2019 term, the legislature passed A07752, a preemption bill legislation that gives the state authority over New York City gun laws. Gov Cuomo is expected to sign it. For a good article regarding this case and A07752 see https://www.nationalreview.com/2019/07/new-york-citys-dishonest-attempt-to-squelch-a-gun-rights-lawsuit/?utm_source=Sailthru&utm_medium=email&utm_campaign=WIR%20-%20Sunday%202019-07-14&utm_term=WIR-Smart. The following bills passed the NY legislature along party lines—Democrats voting in favor and Republicans, for the most part, voting against and are awaiting Gov. Cuomo’s consideration: S.1414/A763, banning the 3-D printing of firearms; S2374/A2690, extends current waiting period after a NICS check comes back inconclusive from the current 3-days to 30-days; S2448/A2684, an expansive bump stock ban; and S2450/A2686, mandatory storage law. Gov. Cuomo signed S2451/A2689, establishes an Extreme Risk Protection Orders (ERPO).
Ohio:
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:
Initiative Petition 18 (IP18) has been filed. Petitioners must gather 1000 signatures to start the process for gathering signatures to put this measure on the 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 Oregon legislature adjourned June 30.
Pennsylvania:
The Senate passed SB147, allowing Sunday hunting, by a 36-14 vote. SB531, enhancing the Pennsylvania preemption laws, passed the Senate Local Government Committee 7-4 on April 30, 2019.
Texas:
The Texas legislature has adjourned. Texas Attorney General Ken Paxton on May 24, 2019 issued an opinion that was requested by Sen. Donna Campbell regarding current Firearms Preemption Law in Texas. He ruled the the proposed San Antonio City Council proposed ordinances restricting where gun stores could be located would be prohibited by current Texas firearms preemption statutes. Gov. Greg Abbott signed HB302/SB19, protecting the Second Amendment rights of tenant to possess firearms in their residential units and HB1387 removes the cap on the number of school marshals that may be appointed per campus. In June Gov. Abbott also signed: HB121, provides a legal defense for Right-to-Carry Permittees that unknowingly enter establishments that ban firearms; HB1143, limiting how school districts may regulate firearms stored in private vehicles on school grounds; HB1177, closes loopholes in current “wrongful exclusion” law to allow carrying a firearm during a declared state or local disaster; HB1791, closes a “loophole” that allowed governments and agencies to restrict Right-to-Carry Permit holder from government buildings; HB2363, modified the current firearms storage requirements in foster homes; HB3231, making firearms preemption rules apply to counties as well as cities; SB535, allowing places of worship to decide if they want to allow Right-to-Carry Permittees to exercise their Second Amendment rights; SB741, prohibiting property owners’ associates from infringing on Second Amendment rights; and SB772, making it more difficult to institute civil lawsuits against businesses that do not post “guns not allowed” signage.
Vermont:
Gov. Phil Scott vetoed S.169, which contains parts of S22, creating a 24-hour waiting period for the purchase of a handgun and includes the fixes—S1, S2, S3 and S13—to last year’s magazine ban.
Washington:
The Department of Labor and Industries released a new draft of lead rules for ranges, which are burdensome for shooting ranges throughout the state. More meetings are expected to be held to discuss the proposed regulation. The Department of Licensing held a public hearing on June 4 to set the fee required by I-1639 requirement to process firearms transfer. This fee would be in addition to any other fees charged the purchaser.
