By Tanya Metaksa
Latest developments— Fed. Legislative: S. 821; H.R. 1263; H.R. 8; H.R. 1112, S.8; Judicial: Livingston v. Ballard, Anderson v. City of Pittsburgh, Duncan v. Becerra; People of the State of Illinois, Appellant, v. Vivian Brown, Appellee; CT Supreme Court-Soto v. Bushmaster; SCOTUS grants cert in New York State Rifle and Pistol Association v. The City of New York: Mark and Leah Gustafson v. Springfield, Inc. and Saloom Department Store; State Legislation: California, Hawaii, Indiana, Iowa, Louisiana, Minnesota, New Hampshire, Pennsylvania, Tennessee
Federal
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.
On March 21, 2019 the 90-day grace period for owners of “bump” stocks to either destroy them or turn them in has ended. “Bump” stocks are now classified as machine guns.
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.
On Feb. 27 the US House of Representatives passed H.R. 8 by a vote of 240-190 and on Feb. 28 they passed H.R. 1112 by a vote of 228-198.
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).
On Feb. 13, the House Judiciary Committee met to mark-up H.R. 8 and H.R. 1112 and sent them on to the full House for consideration. During that markup Rep. Greg Steube (R-FL) offered an amendment that would require law enforcement notification “when an individual attempting to purchase a firearm fails a federal background check.” It was defeated by the majority Democrats. Additionally the Democrats refused to allow House Minority Whip Steve Scalise, who was shot and injured almost two years ago in Northern Virginia at a practice for the yearly House Republican v. Democrat baseball game to testify. A companion bill, S. 42 has also been introduced.
H.R. 1112 turns the 3-day waiting period after which an FFL can transfer a firearm into an indefinite delay of purchase. Under the Brady bill that was passed in 1993, if an FFL does not receive a response from a background check within 3-days after initiating the check, the firearm may be transferred. HR 1112 would turn that into an indefinite delay if the FBI was unable to clear the purchaser.
- 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 by Sen. Cindy Hyde-Smith (R-MS). Original cosponsors of the Hyde-Smith legislation include Senators Marsha Blackburn (R-TN), Kevin Cramer (R-ND), Mike Enzi (R-WY), Joni Ernst (R-IA), Mike Lee (R-UT), Pat Roberts (R-KA), Mike Rounds (R-SD), Tim Scott (R-SC), Dan Sullivan (R-AK), and Roger Wicker (R-MS).
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. It bans the sale, transfer, manufacture, and importation of “military-style assault weapons and high-capacity ammunition magazines,” 205 gun models have been specifically listed and the bill includes a definition of assault weapon as a semi-automatic firearm with a detachable magazine that includes at least one feature such as a threaded barrel, pistol grip, or folding stock. Additionally, the bill bans adjustable stocks and stabilizing braces.
S.193, to require the safe storage of firearms, was introduced by Sen. Richard Blumenthal and Sen. Chris Murphy (both D-CT). 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
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 that bans 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 Apri 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.
People of the State of Illinois, Appellant, v. Vivian Brown, Appellee. Appeal, Circuit Court: In Feb. 2018 the Circuit Court of the Second Judicial Circuit, Illinois, found that the requirement to have a Firearms Owner ID card in order to legally possess a firearm in the home for self-defense was unconstitutional. Several motions to reconsider were filed and the Court denied the motion to reconsider on Oct. 16, 2018. The state of IL appealed to the IL Supreme Court on Nov. 11, 2018. Two extensions have been granted with the March 2019 being the final one that ends on April 26, 2019. If the IL Supreme Court upholds this decision the only remaining appeal by the State of Illinois would be to the US Supreme Court.
Soto v. Bushmaster: The Connecticut Supreme Court in a divided 4-3 ruling allowed the Soto v. Bushmaster case to proceed. This case was brought by the survivors and representative of the students massacred in 2012 at Sandy Hook Elementary School. The families of nine of the victims and a teacher filed a lawsuit in Dec. 2014 against Remington, the distributor and the gun dealer that sold the AR15 to Adam Lanza’s mother. A hearing was held on Feb. 22, 2016 on Remington’s motion to dismiss the case. On Oct. 14, 2016 Judge Barbara Bellis dismissed the case ruing, “This action falls squarely within the broad immunity provided by PLCAA.” PLCAA is federal law that gave limited immunity to firearms manufacturers from frivolous lawsuits that were initiated to bankrupt the industry. However, it did allow for exceptions such as marketing products that are defective or being in violation of a marketing law “causing the plaintiff’s injuries.” This latter exception is what 4 of the 7 CT Justices used to allow the case to proceed. The CT Unfair Trade Practices Act (CUTPA) prohibits “unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” The plaintiffs alleged the advertising used military language and symbols to appeal to potential school shooters and violent criminals. Bushmaster/Remington, the defendants, has the option of appealing this decision to the US Supreme Court. But this case has re-opened the door to more litigation against the firearms industry. The National Shooting Sports Foundation (NSSF) issued a statement that said, “The majority’s decision today is at odds with all other state and federal appellate courts that have interpreted the scope of the limited exception, which is contrary to legislative text, canons of statutory interpretation and the legislative history of the PLCAA.”
Pullman Arms, Inc.; Guns and Gear LLC; GRRR! Gear, Inc.; and National Shooting Sports Foundation, Inc., v. Maura Healey, AG for the Commonwealth of Massachusetts: This case was brought by 3 firearms dealers and the National Shooting Sports Foundation (NSSF) after Attorney General Healey in July 2016 issued an enforcement notice that included firearms which were alleged “copies or duplicates” of prohibited firearms. The lawsuit was filed in Sept., 2016 and Healey moved to dismiss Jan. 2017. March 14, 2018 the US District Court, District of Massachusetts denied Healey’s motion allowing the Plaintiffs to proceed that “the Enforcement Notice is unconstitutionally vague and that it deprived Plaintiffs of property without due process.” As another case on this matter is in state court, Healey again moved to stay this case on the basis of the state court case. On Mar. 8, 2019 District Judge Timothy S. Hillman, denied Healey’s motion to dismiss.
New York State Rifle and Pistol Association v. The City of New York: The US Supreme Court (SCOTUS) has agreed to hear this case that deals with the fundamental right to travel with a firearm. NY City law currently only allows a city resident to take a handgun outside her home to visit a shooting range within the city limits.
Damien Guedes, et al v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al: As a result of the DOJ rule concerning “bump” stocks a lawsuit has been filed by bump stock owner Damien Guedes and Firearms Policy Coalition, Firearms Policy Foundation and the Madison Society Foundation to seek a preliminary injunction to stop the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enacting the ruling. The plaintiffs argue that
- A “Bump” stock is NOT a “machine-gun” and 2. Acting Attorney General Matthew Whittaker is not legally the “acting” Attorney General.
Peña, et al. v. Acting CA DOJ Bureau of Firearms Chief Martin Horan: This case was/is a challenge to the California Handgun Roster Microstamping Requirement. On Dec. 28, 2018 attorneys Alan C. Gura, the lead attorney on the Heller case, and Donald Kilmer filed a petition for Supreme Court review in a federal Second and Fourteenth Amendment lawsuit challenging the State of California’s handgun roster and “microstamping” laws. The Calguns Foundation, an institutional plaintiff in the case, is joined by Second Amendment Foundation and four individuals. A copy of the petition for certiorari can be found at https://www.calgunsfoundation.org/pena.
State Legislation
All 50 state legislatures will be in session in 2019.
As of April 24, 2019 Arkansas, Idaho, Iowa, Kentucky, Maryland, Mississippi, New Mexico, South Dakota, Utah, Virginia, West Virginia and Wyoming have adjourned.
2019 Legislation
Alabama:
SB 4, a Constitutional Carry bill, is expected to be considered by the Senate after April 23. HB265, a gun violence restraining order bill has been introduced.
Arizona:
HB2693, allowing the storage of loaded firearms in locked personal vehicles on school grounds, passed the House 31-27, passed the Senate Judiciary Committee, and is awaiting a vote on the Senate floor.
Arkansas:
The Arkansas legislature has adjourned. Gov. Asa Hutchinson signed SB17 to cut the initial fee for a Right-to-Carry permit from $100 to $50 and the renewal from $50 to $25, as well as SB400, making firearms suppressors legal. SB484, self-defense with deadly force, needs to be voted on in the Senate, please contact your Senator. SB400, a “red flag law”, is awaiting action before the Senate City, County, and Local Affairs Committee. HB1694, a bill to eliminate gun-free zones will be heard by the House Committee on the Judiciary on Mar. 19. SB403, allowing State Police to use forfeited firearms in trade for purchased firearms, passed the Senate and is awaiting House action. HB1059, a stand your ground law, and HB1655, expanding state law to add more prohibited persons to those legally unable to possess firearms, have both been amended in the House Judiciary Committee and is awaiting a vote.
California:
The legislature took a spring recess but is back at work on April 22. On May 1 the Assembly Appropriations Committee will be considering AB18, a $25 excise tax on the purchase of a firearm; AB1064, allowing local governments to further restrict licensed firearms dealers; and AB1254, prohibit bobcat hunting, trapping or taking. The CA Department of Justice (DOJ) has issued a “notice of modification” to their proposal on the ammunition background check procedures. The modification notice can be found at http://michellawyers.com/wp-content/uploads/2019/04/Ammunition-Purchases-or-Transfers-15-Day.pdf and comments can be sent to ammoregulations@doj.ca.gov. On March 26 the Assembly Public Safety Committee passed AB12, extend Gun Violence restraint order duration from one year to five years; AB688, mandatory storage requirements for firearms in vehicles; and AB893, prohibit sale of firearms and ammunition at Del Mar Fairgrounds after Jan 1, 2021. On Mar. 27 the Senate governance and finance Committee passed SB281, prohibit sale of firearms and ammunition at a facility controlled by 1-A Agricultural Association (Cow Palace) after Jan 1, 2021; Other anti-gun bills are AB276, extending CA gun storage requirements with a violation denying a person their Second Amendment rights for 10 years; and AJR5, urge the US Congress to adopt California gun laws.
Colorado:
HB19-1177, “red flag” legislation, allowing the seizure of firearms without due process, passed the Senate and the House concurred. It is on its way to Gov. Jared Polis.
Connecticut:
On March 11 the Joint Judiciary Committee held a hearing and now has voted to send to their respective chambers for a vote: HB7223, mandatory gun storage bill; HB5345, requiring storage of firearms that would make them unavailable for self-defense if there are minors present in the home; and HB5745, banning manufacturing firearms for personal use, and SB60, allowing law enforcement to demand a Right-to-Carry permittee present there permit with no suspicion of a crime, On March 1 Joint Committee on Environment heard SB245, banning hunting along the Quinnipiac River in New Haven. This bill has nothing to do with hunting, but is a ban on firearms. HB5700, a 50% increase on taxes for ammunition, has been introduced.
Delaware:
In the beginning of April many more anti-gun bills were introduced. HB63, a mandatory storage bill with draconian requirements for the gun owner, passed 22-19 in the House on Mar. 26. HB1177, red flag legislation is still under consideration.
Florida:
SB7030, expanding the Guardian program to allow trained teachers to be armed, has passed the Senate _Infrastructure and Security Committee. Two pro-gun bills, HB6005, allowing employees and adults to have guns in vehicles on school property, and HB403, allowing firearms in churches, were reported out of the Criminal Justice Subcommittee on Mar. 12. They now go to the Education Committee. SB1238, the companion Bill to HB403, passed the Senate Judiciary Committee 4-2.
Georgia:
SB72, repealing hunting prohibition in Wildlife Management Areas, passed the Senate Natural Resources and Environment Committee and is awaiting action of the Senate floor. SB150, a domestic violence bill, has been tabled and will not proceed further this session.
Hawaii:
Gov. David Ige signed HB720, mandatory firearms theft/loss reporting. The following bills have passed the legislature and are awaiting Gov. David Ige’s consideration: SB1466, establishing Gun Violence Protection Orders without due process, and SB600, raising the minimum age for bringing a firearm into the state to 21.
Idaho:
The Idaho legislature has adjourned. Gov. Brad Little signed HB206, lowering the age of persons able participate in permitless carry from 21 to 18.
Illinois:
2019 Legislation: 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.
Indiana:
Gov. Eric Holcomb signed HB1284, removing the burden from a defendant when a firearm is used in self-defense, into law at the NRA Annual Meeting on April 26, 2019. SB119, making important changes to self-defense laws and Right-to-Carry fees, have passed both Houses of the legislature and is still awaiting Gov. Eric Holcomb’s consideration.
Iowa:
The Iowa legislature has adjourned. HF716, to improve hunting opportunities by expanding hunting calibers, passed the House 57-40. House Joint Resolution 13 (HJR13), a Right to Keep and Bear Arms Constitutional Amendment, was passed by both chambers on March 13. This amendment, however, will not appear on the Iowa statewide ballot until 2022.
Kansas:
HB2326, recognizing out-of-state Right-to-Carry permits in the state of Kansas, passed the House 83-41.
Kentucky:
The Kentucky legislature has adjourned. Gov. Matt Bevin signed SB150, a constitutional carry bill.
Louisiana:
May 1 the House Administration of Criminal Justice passed HB281, a clarification of the state’s preemption language, and HB235, allowing the use of justifiable force for self-defense in a place of worship. Two anti-gun bills: HB101, a bill allowing anyone to put anyone on a list to have his/her rights removed, and HB483, a “red flag” bill without due process protections, were considered.
Maine:
Gov. Janet Mills signed LD79, An Act to protect Shooting Ranges.”
Maryland:
The Maryland legislature has adjourned, but SB100/HB1343, a bill repealing the Handgun Permit Review Board, was passed by the legislature and have been sent to Gov. Larry Hogan for his consideration. Minnesota: SF802, including a class on personal body safety, was passed by the Senate. Additionally the House Public Safety Committee has passed HF9, allow a law enforcement petition to deny Second Amendment rights without due process and HF8, criminalizing all private firearms transfers.
Missouri:
HB643, allowing citizens to carry firearms on public transit, passed Pre-filed pro-gun bills, passed the Senate Transportation, Infrastructure and Public Safety Committee, but has now been referred to the Public Transit Committee. Other bills under consideration: SB5, changing the initiative and referendum process; SB39, allow for carrying of firearms for self-defense on public transit; and HB82, allowing employees to keep their firearms and ammunition in their locked vehicles when parked on the employer’s or state-owned property. Pre-filed anti-gun bills: SB23, SB41, SB42, HB40, Bills to criminalize private transfers-SB163, HB210. Mandate firearms storage-SB40, HB56, HB235. Apply federal law for prohibition of firearms possession to state law-SB94, HB163, Ban certain firearms accessories such as “Bump” stocks-HB163.
Mississippi:
The Mississippi legislature has adjourned. HB1581, clarifying the right of handgun permit holders to carry guns in courthouses by limiting prohibited places, was signed by Gov. Phil Bryant on Mar. 14.
Montana:
Gov. Steve Bullock (D) vetoed HB325 and HB357.
Nebraska:
The Judiciary Committee heard LB58, a firearm seizure bill, on Feb. 28.
Nevada:
Two Assembly bills were passed by the Assembly on April 23: AB291, an omnibus anti-gun bill that repeals firearms preemption statutes, criminalizes firearms modifications, and allow localities to establish gun-free zones; and AB153, a compulsory firearms storage law. On Feb. 15 Gov. Steve Sisolak signed SB143, requiring background checks on private gun sales. It goes into effect on Jan. 2, 2020.
New Hampshire:
The House voted in favor of HB109, banning the private transfer of firearms, and HB514, a 7-day waiting period before taking possession of a purchased firearm. The following bills failed in committee: Constitutional Amendment Concurrent Resolution 8, eliminating state preemption laws; HB208, a stand your ground bill; and HB687, suspending Second Amendment rights without due process.
New Jersey:
Gov. Phil Murphy has proposed raising the fee for a Firearms Identification card from $5 to $100, and handgun purchase fees from $2 each to $50 each.
New Mexico:
The New Mexico legislature has adjourned. SB328, a domestic violence bill that is overly broad in stripping away Second Amendment Rights, has passed the legislature prior to adjournment. Gov. Michelle Lujan Grisham needs to hear from gun owners regarding a veto of this bill. Gov. Grisham (D) signed HB8, a universal background check bill that passed the legislature on March 8. The . HB40, mandating background checks on private sales; and HB130, a mandatory storage bill that would make a gun owner criminally and civilly liable should a child gain access to an unsecured firearm were also introduced.
New York:
The following bills passed the NY legislature along party lines—Democrats voting in favor and Republicans, for the most part, voting against: NY S2857A, requiring firearms owners to carry $1 million dollars of liability insurance; 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; S2450/A2686, mandatory storage law; and S2451/A2689, establishes an Extreme Risk Protection Orders (ERPO).
North Carolina:
The NC Wildlife Resources Committee (WRC) will be holding public hearings regarding Sunday hunting. In 2017 the legislature legalized Sunday hunting, but the WRC has yet to propose rules to enable Sunday hunting.
North Dakota:
Gov. Dough Burgum signed HB1042, permitless carry allows concealed carry in motor vehicle; HB1308, a firearm that fires with one trigger pull is not a “machine gun or fully automatic rifle”; HB1381, prohibits taxpayer dollars funding “firearm buyback programs.”
Ohio: Ohio State University prior to July 2014 banned students from storing legally owned firearms in vehicles parked on campus. Students for Concealed Carry Foundation, Inc.(SCCF) filed a lawsuit in Franklin County Common Pleas Court against Ohio State for regulating the possession of firearms on campus. After almost 5 years, the SCCF announced a settlement that resolved the lawsuit. Ohio State University changed their Student Code to allow licensed student to “be able to store legal weapons in cars parked on campus.
Oklahoma:
HB2597, a constitutional carry bill, was signed by Gov. Kevin Stitt. This is a similar bill to the one that was vetoed by former Gov. Mary Fallin in 2018.
Oregon:
On April 2 the Senate Committee on Judiciary is holding a public hearing for SB978, which includes the
-1 Amendment, an omnibus gun control package that includes parts of HB2551, mandatory and restrictive firearm storage requirements, increase Right-to-Carry permit fees and other restrictive provisions. On the same day the House Committee on the Judiciary will be having a public hearing on HB2013, a “red flag” bill, restricting gun ownership without due process, Among the other anti-gun bills introduced are: HB2551, defining semi-automatic rifles as “assault weapons”, restricting those under 21 years of age from owning those firearms, and requiring a 30-day delay for state background checks; HB3223, banning many semi-automatic firearms; SB87, prohibit those under 21 years of age from purchasing firearms; SB501, require licensing of gun owners, ban magazines capable of holding more than 5 rounds, 14-day waiting period and limiting ammunition purchase to 20 rounds per month; as well as two very restrictive mandatory storage bills—SB275 and SB817.
Pennsylvania:
SB531, enhancing the Pennsylvania preemption laws, passed the Senate Local Government Committee 7-4 on April 30, 2019.The City of Pittsburgh has passed several ordinance that would ban so-called “assault weapons,” ban magazines with a capacity of 10 rounds or more, and allow the seizure for firearms from those deemed too dangerous to own them. The Senate Game and Fisheries Committee passed SB147, allowing Sunday hunting by an 8-3 vote.
Rhode Island:
On Apr. 2 the Senate Judiciary Committee is holding hearing on at least seven restrictive gun bills dealing with Right-to-Carry permits, firearms storage, “assault weapons”, and ammunition capacity.
South Dakota:
The South Dakota legislature has adjourned. Gov. Kristi Noem signed SB47, a permitless carry bill, and HB1056, strengthening SD preemption law.
Tennessee:
HB1264/SB705, setting up a less cumbersome and less expensive Right-to-Carry system, was passed by the Senate Judiciary Committee and by the House. The following bills are to be heard during the week of Mar. 25 in both the Senate Judiciary Committee and the House Constitutional Protection & Sentencing Subcommittee: SB1178, a “Red Flag” bill, allowing gun owners to lose their Second Amendment rights without due process; SB1025/HB1224, ensuring that persons receiving firearms from those unable to own them must file an affidavit; HB1427, disallow private transfers of firearms to minors; HB1476, mandatory storage bill; HB172, fix state law to mirror federal law regarding definitions of firearms; HB167, mandatory prison sentence for theft of firearm; and HB409, a Good Samaritan law for someone who threatens deadly force in defense of another.
Texas:
SB19, protecting the Second Amendment rights of tenant to possess firearms in their residential units, is on the Senate consent calendar. The Texas House passed HB1177, that would allow citizens to carry a handgun without a Right-to-Carry permit during a declared state of local disaster, HB121, provides a legal defense for Right-to-Carry Permittees that unknowingly enter establishments that ban firearms, and HB302, (companion bill to SB19) protecting the rights of tenants to possess firearms and lawfully carry them to a from such spaces. The Senate State Affairs Committee will be hearing HB302, SB117, clarifying the definition of “school activity,” and SB535, allowing places of worship to decide if they want to allow Right-to-Carry Permittees to exercise their Second Amendment rights. The House Homeland Security & Public Safety Committee left the following bills pending in committee—the bills are dead for the session—HB1236, allowing public colleges and universities to opt out of the campus Right-to-Carry bill; HB3016, allowing a RTC permittee to have a visible handgun in a holster in their vehicle, and HB3231, making firearms preemption rules apply to counties as well as cities.
Utah:
The Utah legislature has adjourned. Gov. Gary Herbert signed HB114, a bill that stated there was no duty to retreat, has passed the legislature
Vermont:
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, has passed the Senate.
Virginia:
The Virginia legislature has adjourned. In January Rep. Terry Kilgore (R) predicted that defending the Second Amendment was a priority for Republicans and that the Governor’s bills were “dead on arrival” in the VA House of Delegates. He was right.
Washington:
Bills that have passed one House and are being considered in the following committees—In the House Civil Rights and Judiciary Committee gun owners should oppose: SB5027, expand Extreme Risk Protection Orders denying gun owners due process; and SB5434, turning parks and recreational facilities into gun free zones. In the Senate Law and Justice Committee gun owners should oppose: HB1465, require a state background check for Right-to-Carry permit holders; and HB1786, expand Extreme Risk Protection Orders to families of minors.
Wisconsin:
The new Democrat governor, Tony Evers, is already working on gun control measures.
West Virginia:
The West Virginia legislature has adjourned. During deliberation of SB4, a Municipal Home Rule bill, an amendment was added to prohibit municipalities from adopting any regulation or ordinance that violates Second Amendment rights. The bill now awaits Gov. Jim Justice’s consideration.
Wyoming:
The Wyoming legislature has adjourned.
