By Tanya Metaksa
What’s New—2020 Elections-Endorsements in Tennessee primary; California—AB88 passes the Senate 28-12; Delaware—The legislature has adjourned; Virginia—Special session on gun laws in August; Nevada—Jimenez Arms declares bankruptcy (see City of Kansas City, MO v. Jimenez Arms, Inc., et al); North Carolina: Gov. Roy Cooper (D) vetoed the bipartisan Second Amendment Preservation Act
2020 Elections
Tennessee: A primary election will be held on August 6, 2020 and several State Senate candidates have received endorsement from the NRA Political Victory Fund: District 22—Senator Bill Powers; District 24—Senator John Stevens; and District 32—Senator Paul Rose.
2019-2020 Gun Control in the U.S. Congress
HR 6318 The Urban Progress Act of 2020: The alleged purpose of this bill is—To expand economic opportunities, improve community policing, and promote common-sense gun violence prevention in underserved communities, and for other purposes. This bill, among other measures will allow the BATFE to delay NICS checks for an indefinite amount of time. Something the anti-gun groups have been pushing for quite a while.
A group of anti-gun state Attorney Generals led by AG Washington State Bob Ferguson sent a letter to U.S. Senate leaders requesting they pass legislation to reauthorize the Violence Against Women Act (VAWA) citing the spread COVID-19. The letter can be found here.
Anti-gun Senators send letter to FBI and BATF: Senators Murphy (D-CT), Blumenthal (D-CT) and Markey (D-MA) sent a letter to the FBI and the BATF requesting these agencies to adopt very stringent policies concerning gun sales including suspending all delayed firearms transfers indefinitely and store firearms transfer records for more than the legally required 90 days, which could lead to a gun owner registry. The letter can be found here.
H.R. 5717 and S. 3254- are the most far reaching gun control proposals with one exception. H.R. 5717, introduced by Rep. Hank Johnson (D-GA), is basically the wish-list of all the gun controllers in the world without completely banning firearms. A federal gun license with background checks and a 7-day waiting period, banning every semi-automatic, banning every magazine with over 10-round capacity; red flag laws; 30% additional tax on firearms and 50% tax on ammunition, draconian safe storage requirements, suppressor bans, one-gun-a-month restrictions, and more gun-free zones. S. 3254, sponsored by Sen. Elizabeth Warren, commonly known as “Pocahontas,” grandfathered those weapons that are considered “assault weapons.” We all know that is a ploy to try to win some Republican votes for the measure. It is necessary for every gun owner to contact their Republican Senators and ask them to vote no on S. 3254.
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.
State Legislation
All state legislatures with the exception of Montana, Nevada, North Dakota, and Texas were in session in 2020
The states of Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, New Mexico, Oklahoma, Oregon, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming have adjourned.
California:
The Senate met and passed AB88 which is a budget bill that includes an expanded definition of assault weapons, and moves up the effective date of precursor parts restrictions from 2024 to 2022. This bill now has to be passed by the Assembly, which could happen at any time. The Assembly met and passed both AB2847, a microstamping bill; and AB2362, fines for FFLs. It is expected that these bills will quickly move to the Senate floor for a vote. The Senate passed SB914, more restrictions on loaning a firearm,and SB1175, prohibiting certain species of African wildlife, during the week of June 22. The Assembly passed AB2699, expanding handgun storage requirements.
Delaware:
The legislature adjourned without any firearms’ laws being passed.
Georgia:
Reconvened June 15.
Hawaii:
Reconvened June 22. Already HB1902, bans possession of magazines capable of holding more than 10 rounds, and HB2744, restricts firearms parts with exceptionally vague language, are scheduled for a hearing but since the Capitol is closed due to COVID-19 only written testimony will be accepted.
Indiana:
As of July 1 sections of HB1284 become effective. The old four-year permit becomes a five-year Right-to-Carry Permit that is free. Churches can establish their own firearm carry policies. In order to curtail frivolous lawsuits certain cases of the use of justified force can provide immunity to the victim.
Illinois:
The legislature has reconvened for three days per week. Senate Bill 1966, the gun control package from 2019, is still waiting to be scheduled for a hearing in Senate Committee.
Iowa:
Gov. Kim Reynolds signed HF2502, protecting shooting ranges from being shut down by local ordinances, as well as HF716, expanding deer hunting ammunition and youth hunting opportunities.
Louisiana:
The Louisiana legislature has adjourned.We stated last week that Gov. Edwards had not signed the four pro-gun bills passed by the House and Senate. Gov. Edwards did sign HB140, prevents local municipalities from restricting the possession of a firearm, a preemption law; HB334, allows person with a Right-to-Carry Permit to carry in a place of worship; HB781, legislates that firearm and ammunition manufacturers, distributors, wholesalers, suppliers and retailers are “Essential Business” and HB746, allows citizens who lawfully possess a firearm to carry concealed during mandatory evacuation under a declared state of emergency.
Massachusetts:
The state of Massachusetts set out a memorandum regarding Safety Standards for Hunter Education and Firearms Identification Card for license to carry firearms classes. This can be accessed here.
Mississippi:
The legislature has reconvened. HB1215, a firearms preemption improvement bill, that passed the House is now awaiting action in Senate Committees.
New Hampshire:
The House of Representatives reconvened June 11 and the Senate on June 16.
New Jersey:
Outdoor shooting ranges reopened May 22. Indoor ranges are still closed.
North Carolina:
Governor Roy Cooper (D) wasted no time in vetoing HB652, allowing citizens to defend themselves during religious worship.
Ohio:
SB317, allowing certain persons to be armed within a school safety zone, was sent to the Senate Government Oversight and Reform Committee but no hearing has been held.
Pennsylvania:
HB1747, legislation to prevent the governor from suspending Second Amendment rights during a state of emergency, passed House.The bill could be voted on in the Senate as early as June 29. The Game Commission extends 2019-20 shooting range permits for an additional 2 months until August 31, 2020.
Rhode Island:
Reconvened June 17
Virginia:
According to the Virginia Citizens Defense League (VCDL) Gov. Ralph Northam has said he will convene a special session of the General Assembly to deal with gun laws in August. Check out the VCLD website where there is a special link to send a message to legislators. As of July 5 at 9 pm EDT 9,195 citizens have used this link.
Judicial
COVID-19 lawsuits
Massachusetts-McCarthy, et al. v. Baker, et al:
This case was partially decided by Judge Woodlock in May. He allowed firearms retailers to open on May 9, 2020 following health guidelines. The Judge also denied the Commonwealth’s request for a “stay” pending an appeal. However, he did not address the range closure issue and separated the ranges from the retail firearms issue. Woodlock’s decision can be found here.
Loder v. Maine Intelligence Analysis Center et al:
On May 7, 2020 George Loder, an employee of the Maine State Police, filed a federal lawsuit against the Maine State Police Intelligence Analysis Center alleging that this unit illegally used and kept data on individuals that were demonstrating against a controversial Central Main Power transmission line. Mr. Loder alleges that the State Police kept information about people who had applied to buy guns; information that is to be destroyed after a sale is approved.
Georgia-Walters v. Kemp:
On March 14, 2020 Judge Keith Wood, a Probate Judge in Cherokee County, Georgia declared that Weapons Carry Licenses “are deemed non-essential and will not be accepted during the pendency of the judicial emergency.” As a result the Second Amendment Foundation, the Firearms Policy Coalition and Lisa Walters filed a complaint on April 16, 2020 for injunctive and declaratory relief based on constitutional rights.
North Carolina-Stafford, et al. v. Wake County:
Wake County Sheriff Gerald Baker announced on March 24 the temporary suspension of pistol purchase permits through April 30, 2020 with 755 permits pending on that date. On March 29, a letter was sent to the Wake County Board of Supervisors announcing a complaint being filed against Sheriff Baker.
Non-COVID-19 2nd Amendment lawsuits
Lee, Gun Owners of America, Inc. et al v. U.S. Justice Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives, et al:
Gun Owners of America is suing BATFE since it reversed its policy that holders of Alabama Right-to-Carry Permits commonly known as “CCP” are exempt from the NICS background check when purchasing a firearm. BATFE in its “public safety advisory” now “claims that, because certain ATF sheriffs have allowed a few ineligible people to obtain CCPs, the exemption for the entire state is now revoked.”
Rhode v. Becerra:
According to thetruthaboutguns.com, It appears that the state of California in order to help in its arguments in the Rhode v. Becerra case is now using police raids on persons who have purchased ammunition and didn’t pass the background check. Another article in California Political Review is entitled “California Ammunition Raids Put Innocent People at Risk of Police Violence.” The plaintiff is Kim Rhode, an American OLYMPIC medalist that very few of her fellow citizens have ever heard about. She has won six Olympic Medals in skeet shooting/double trap in six consecutive Olympic Games since 1996. 3 gold medals, 1 Silver and two Bronze. She is also a six-time national champion in double trap. The issue is the 2016 California law that was passed by voters as Proposition 63. US District Judge Roger Benitez declared that the ammunition background check requirement for purchases violates the Second Amendment and declared it unconstitutional. However, hours after that decision The U.S. Court of Appeals for the Ninth Circuit granted a temporary stay on the preliminary injunction by Judge Benitez. Thus all the restrictions on purchasing ammunition in California are in effect again. Further information on the original ruling can be found here.
Ross v. Melekas:
The Second Amendment Foundation, the Connecticut Citizens Defense League and two individual plaintiffs are suing the Connecticut enforcers of the magazine limitation on the basis of the Second and Fourteenth Amendments to the U.S. Constitution.
City of Philadelphia v. Rashad T. Armstrong:
In 2018 Larry Krasner, the newly elected Philadelphia District Attorney, decided to enforce a 2008 Philadelphia ordinance requiring 24-hour notice when a firearm was found to be missing. The first person to be charged with failure to report a lost or stolen firearm is Rashad Armstrong whose handgun was found in a traffic stop in 2018. On March 6, 2020 Armstrong’s attorney, Joshua Prince, argued that the Pennsylvania preemption statute prevents Philadelphia from enacting their own firearms ordinances.
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. As a result, Jimenez Arms has declared bankruptcy, that would probably make the demands by Everytown Law for reimbursement for the costs of dealing with trafficking related crimes moot.
