By Tanya Metaksa
What’s New—California—AB88 passes the Senate 28-12; Hawaii—SB2635, ammunition selling restrictions, and SB3054, leaving state firearms requirements, passed committees; HB2744, firearms parts restrictions, passed Senate Judiciary Committee; Indiana: HB1284 becomes effective July 1; Iowa—Gov. Kim Reynolds signed HF2502 and HF716; New Hampshire-HB687, a firearms seizure bill, passed by Senate Judiciary Committee; North Carolina: legislature passes the Second Amendment Preservation Act; Pennsylvania—HB1747, state of emergency legislation to protect Second Amendment rights, passed House.
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
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:
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:
Reconvened May 26.
Florida:
As we wrote on April 27, Agriculture Commissioner Nikki Fried has used “the COVID-19 crisis as an excuse” to delay the processing of applications for Right-to-Carry Permits. She closed all regional offices and made the 66 County Tax Collectors’ offices unable to process any applications. At that time Florida Attorney General Ashley Moody wrote Fried that she should “resume taking online applications.” Then in our June 1, 2020 Grassroots Update we reported on the lawsuit, Cliff Christopher Maloney v. FL Department of Agriculture and Consumer Services. Mr. Maloney, President of Young Americans for Liberty, filed a lawsuit claiming the Fried was depriving Floridians of their Second Amendment rights. On June 11 Fried held a news conference and announced that she was opening ONE (only one) regional office and the online portal for applications. Fried is hoping that this small reopening will make Maloney’s lawsuit moot. However, at the time Mr Maloney stated, “We have no intention of voluntarily dropping our lawsuit based on today’s announcement. There is a reasonable expectation that this violation of law by the Department will recur unless adjudicated by the courts.”
Georgia:
Reconvened June 15.
Hawaii:
To reconvene 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. 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.
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 reopen May 22. Indoor ranges are still closed.
North Carolina:
Both houses of the legislature passed HB652, allowing citizens to defend themselves during religious worship. The bill now goes to Gov. Roy Cooper.
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 Aug. 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 towards the end of April Mayor Lumumba of Jackson, MS, announced he was suspending the right to open carry a firearm 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, 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.
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 apply for a concealed carry permit online.
California-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.
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.
Massachusetts-McCarthy, et al. v. Baker, et al:
During the last week of April 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 March 24 Governor Baker designated various businesses as “essential” he did not include firearms and ammunition retailers. On March 31 Gov. Baker revised the list to include workers “supporting the operation of firearm or ammunition product manufacturers, importers, and distributors.” On April 2, 2020 Jamison Gagnon, Commissioner of the Department of Criminal Justice Information Services, issued a directive that he would assist the enforcement of Gov. Baker’s COVID-19 Order No. 19 by targeting firearms dealers with audits of firearms sales.
New Jersey-Kashinsky v. Murphy:
On March 26 a motion for an injunction was filed in federal court in New Jersey as a result of the closure by Governor Philip D. Murphy and State Director of Emergency Management and Superintendent of the New Jersey State Police Patrick J. Callahan of “any and all means law-abiding private citizens to obtain firearms in New Jersey.” On April 1, Gurbir S. Grewal, the Attorney General of New Jersey, wrote a letter that stated, “Colonel Callahan, in his capacity as State Director of Emergency Management, issued Administrative Order No. 2020-6 (“A.O. 2020-6”), which supplements Governor Murphy’s Executive Order No. 107. See Exhibit A. A.O. 2020-6 adds Federal Firearms Licensees (“FFLs”) to the list of essential retail businesses that may remain open, subject to specified requirements, during the ongoing public health emergency presented by the spread of SARS-CoV-2 — the “coronavirus.” Thus gun stores can remain open as long as they comply with the the COVID-19 guidelines for remaining in business. A comprehensive article written pre-settlement was published in Reason.com by Eugene Volokh.
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.
Pennsylvania-CRDF, et al., v. Pennsylvania Governor Tom Wolf:
This lawsuit seeks an injunction against Gov. Tom Wolf’s COVID-19 order of March 19, shuttering all businesses that are “not Life Sustaining.” Although the Pennsylvania Supreme Court reached a divided opinion that denied the injunction, Gov. Wolf took notice of Justice Wecht’s suggestion of an “accommodation” in allowing firearms retailers to conduct business. Although Gov. Wolf did not publicly announce a policy change regarding firearms dealers, but included the change in an updated list of “Life Sustaining Businesses”—Except that firearms dealers may operate physical businesses on a limited basis to complete only the portions of a sale/transfer that must be conducted in-person under the law, subject to the following restrictions: 1) all such sale/transfers will be conducted by individual appointment during limited hours only so as to minimize social interactions and congregating of persons; 2) the dealer will comply with social distancing, sanitization of applicable area between appointments, and other mitigation measures to protect its employees and the public.”
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 f 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.
