By Tanya Metaksa
What’s New—California—SB914, limiting those under 21 from purchasing a long gun; and SB1175, banning the possession of certain African species of wildlife;
Hawaii—HB1902 and HB2744 scheduled for hearing June 25;
Louisiana– Gov. Edwards did sign 4 pro-gun bills;
New Hampshire-legislature has reconvened;
Virginia, city of Alexandria —creates new gun free zones.
Judicial-New Mexico-Aragon v. Grisham: Gov. Grisham decided to allow retail firearms businesses and ranges to operate;
Dana Criswell v. Chokwe Antar Lumumba: Federal Court issues a consent decree—the city of Jackson, MS may not take action against the carrying of firearms unless state law is changed.
2020 Elections
Florida constitutional amendment proposal: In November 2019 we reported that a Florida organization entitledBan Assault Weapons Now!, had obtained the required 103,000 signatures on a petition to include a constitutional amendment on the 2020 ballot that would ban so-called “assault weapons” in Florida. At that time Florida Attorney General Ashley Moody (R) petitioned the Florida Supreme Court for a written opinion on the language of the proposed initiative.
After reviewing the summary wording which would appear on each ballot to ensure that it meets the legal requirements for clarity and ambiguity, the Florida Supreme Court ruled against the proposed ballot initiative. As a result, it will not be on either the 2020 ballot or the 2021 ballot in Florida.
The Second Amendment meets COVID-19
Most states mandated that firearms retailers were “Essential businesses”, but several did not. The below listed states/localities have still extensive restrictions on businesses.
California: Gun stores/ranges have not been determined by Gov. Gavin Newsom to be “essential service” and thus are to be closed with the known exception of Culver City, Los Angeles County, and Shasta County. There is a lawsuit against Gov. Newsom that also includes the City of Los Angeles and the City of Burbank. Additionally, another lawsuit has been filed against jurisdictions in Northern California.
On May 13 Ventura County updated its Frequently Asked Questions regarding gun shops adding that gun shops “may fully open to the public provided they implement and register site-specific prevention plans as described www.vcreopens.com. “
The following states have officially not listed firearms dealers as essential services or do not have state law that considers gun stores exempt from emergency closures: California, Massachusetts, New York, Oregon, and Washington, but gun stores in Washington appear to all be back open for business.
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.
Anti-gun Senators send letter to FBI and BATF: Senators Murphy (D-CT), Blumnethal (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
The states of Alabama, Alaska, Arkansas, Colorado, Connecticut, 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:
TheCalifornia Rifle & Pistol Assn. (CRPA) President Chuck Michel issued a call to action asking for persons who have tried to buy ammunition under the current state regulations to please contact him at contact@crpa.org if you have information to share for the legal challenges to Rhode v. Becerra. 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. Additionally, the Senate Appropriations Committee is planning to move SB914, more restrictions on loaning a firearm,and SB1175, prohibiting certain species of African wildlife, to the Senate floor for votes. AB2627, strengthening Red Flag Orders; and AB2699, more handgun storage requirements, have not been brought up for a vote in the Assembly as yet.Attorney General Xavier Becerra has extended Ex parte Gun Violence Restraining Orders to 90 days from the current 21 days.
Delaware:
Reconvened May 26.
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.
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:
The legislature reconvened and the Senate lost no time in passing HF2502, protecting shooting ranges from being shut down by local ordinances. The bill now goes to Gov. Kim Reynolds.
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 Permt 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. According to AP “The Democratic governor’s office announced the bill signing Monday (June 15, 2020) evening.” However, the date on the Governor’s notice of bills signed is June 17.
Massachusetts:
The Joint Committee on Public Safety and Homeland Security’s action deadline of Feb. 5 to act on any of the bills on its agenda yet to be rescheduled.
Michigan:
Following a protest by Michigan citizens against Gov. Whitmer’s draconian shutdown orders, the Michigan Capitol Commission considered unilaterally banning guns in the state capitol without a referendum. However, the vice-chairman of the Commission stated “we do not have jurisdiction to prohibit weapons in the building.” Expect to see some legislation introduced on this matter at some time in the future.
Minnesota:
The Minnesota legislature has adjourned. The legislature passed HF4605, allowing applicants for Right-to-Carry Permits to apply electronically during the COVID-19 pandemic.
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 has reconvened as of June 11 and the Senate as of June 16.
New Jersey:
Outdoor shooting ranges reopened May 22. When the Senate Law and Public Safety Committee held a hearing Feb. 24 on S120, increasing the penalty for negligent gun storage, and S746, denying persons who have been convicted of “animal cruelty” from possessing a firearm, there was not a quorum and those bills were not enacted. However, they are still viable.
New Mexico:
Gov. Michelle Lujan Grisham amended her executive orders to allow gun stores to operate at 25% of fire code capacity.
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.
Oklahoma:
The Oklahoma legislature has adjourned. Gov. Stitt has signed SB1081, a bill to block enforcement of “Red Flag laws” otherwise known as “Extreme Risk Protection Orders.
Pennsylvania:
The Game Commission extends 2019-20 shooting range permits for an additional 2 months until August 31.
Rhode Island:
Reconvened June 17
Virginia:
Gov. Ralph Northam has announced appointments to the Virginia Crime Commission this past week. A gun ban prohibitionist is the latest addition. Lori Haas, the Virginia State Director to the “Coalition to Stop Gun Violence” will now serve on a legislative commission dealing with crime issues. Haas has been in the forefront of guns bans and even has threatened to end the Right-to-Carry Program in Virginia.
Judicial
COVID-19 lawsuits
Dana Criswell v. Chokwe Antar Lumumba :
We reported in early May that Mayor Lumumba of Jackson, MS, announced he was suspending the right to open carry a firearms in Jackson, MS. Dana Criswell, a member of the MS legislator and a federally licensed firearms dealer, sued Mayor Lumumba in the US District Court for the Southern District of Mississippi on constitutional grounds. Although Mayor Lumumba’s unconstitutional order expired on May 1, on June 16 the Court issued a Consent Decree barring the city from taking and was not reinstated. The Jackson City Council had voted unanimously to oppose this order and was joined in any action to restrict the open carry of firearms unless state statutes and the MS constitution are changed.
New Mexico-Aragon v. Grisham:
As a result of this lawsuit Gov. Michelle Lujan Grisham has reversed course and according to NRA/ILA Counsel Michael Jean, “Gun shops and ranges are open now, and our members in New Mexico can freely exercise their rights.” The lawsuit was voluntarily dismissed which leaves the possibility of bringing a new lawsuit should Gov. Grisham change her mind again.
Loder v. Maine Intelligence Analysis Center et al:
On May 7, 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.
Massachusetts-McCarthy, et al. v. Baker, et al:
On April 9, the Second Amendment Foundation (SAF), Commonwealth Second Amendment (Comm2A) and Firearms Policy Coalition (FPC) filed a lawsuit in the US District Court for the District of Massachusetts. Shortly thereafter the NRA filed an amicus brief in this lawsuit that “challenges the Defendants’ acts of eliminating all lawful channels of access to constitutionally protected arms and ammunition by mandating the closure of all businesses that sell firearms and ammunition to the consumer public. On May 7 after hearing the parties involved US District Court Judge Douglas P. Woodlock issued an injunction against the bans on the operation of firearm and ammunition retailers imposed by Massachusetts Governor Charlie Baker and others. ORDERED: 1. Firearms dealers licensed pursuant to Mass. Gen. L. ch. 140, § 122 shall be permitted to conduct sales of firearms and other goods, and may sell ammunition if licensed pursuant to Mass. Gen. L. ch. 140, § 122B, by appointment only, with not more than four appointments per hour. Such firearms dealers are limited to operating only during the period 9:00 a.m. and 9:00 p.m. daily, subject to any further land use limitations imposed by the local government in the jurisdiction where the premises are located as are currently in force.
Cliff Christopher Maloney v. FL Department of Agriculture and Consumer Services:
As promised Cliff Maloney, President of Young Americas for Liberty, filed a lawsuit against Commissioner Nikki Fried claiming she is depriving Floridians of their Second Amendment rights. Although Florida Attorney General Ashley Moody wrote a letter to Fried saying that Fried’s policy was unconstitutional, for at least six weeks Floridians have not been able to to apply for a concealed carry permit online.
California- Governor Gavin Newsom signed an executive order shutting down many businesses, but he left the decision on firearms retailers and gun ranges up local officials: Sheriffs and Public Health Officers. In doing that there has been a great deal of misinformation, changing of decisions by officials and general confusion. And a result several lawsuits have been initiated to first institute temporary restraining orders (TRO) to stop the closures and if the TRO is not initiated, then to have a full blown court case that could take years. In Los Angeles this comedy of errors was played out during the four weeks from March 4, 2020 to April 6 when the Brandy, et al. v. Los Angeles Sheriff Alex Villanueva et. al was litigated concerning a TRO. Unfortunately, the United States District Court on April 6 denied the application for a TRO.
In Northern California another lawsuit, Altman, et al, v Santa Clara County, et al, was filed on March 31, 2020. A TRO in this case was denied on April 10 and no information has been provided since. A lawsuit, McDougall, et al. v. County of Ventura, CA, et al., was filed on April 14, 2020.
A pre-litigation demand was sent to California Attorney General Xavier Becerra regarding unlawful firearm and ammunition delays on April 14, 2020.
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.
Landmark Firearms LLC, et al v. Colonel Robert Evanchick:
See the background information under Pennsylvania legislation. On Dec. 20, 2019 Landmarks Firearms, US Rifle petitioned to stop the Commissioner of Pennsylvania State Police (Robert Evanchick) enjoined from implementing the new PA policy that states an unfinished receiver meets the definition of “firearm.” After a January 21, 2020 hearing on the application Commonwealth Court Judge Kevin Brobson found that the PA State police had violated the due process rights of Pennsylvania residents and businesses and issued an injunction is until the final disposition of the Petition for Review, including appeals has been reached.
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.
