By Tanya Metaksa
Although January 1, 2020 began with the top story of Presidential impeachment, the story was quickly overtaken with the Chinese virus that spread across the glove at lightning speed. 2020 was the year of COVID-19. A pandemic that turned not only the United States of America, but the entire globe, upside down. It was a year like no other I have ever witnessed. For the past 10 months millions of peoples’ lives have been completely changed and for the vast majority not for the better, but for the worse.
President Trump
As 2020 began the biggest item on the agenda was the Impeachment of President Trump.After the House of Representatives voted 232-196 on October 30, 2019, to adopt a resolution to formalize an impeachment, on December 18, 2019, the House of Representatives voted on two articles of impeachment: 230-197 to charge President Trump with abuse of power and 229-198 to charge President Trump with obstruction of power. Those articles of impeachment were submitted to the U.S. Senate on January 16, 2020 thus initiating a trial. The trial was a speedy process as the Senate with Republicans in the majority rejected any witnesses or documents being submitted. President Trump, like President Clinton two decades earlier was acquitted of both charges.
President Donald J. Trump signed HR 1957 in the Oval Office on August 4, 2020. The National Shooting Sports Association (NSSF) called this bill a “historic federal law that is among the most meaningful legislative measures for sportsmen conservationists ever..The Great American Outdoors Act is bold in its scope and historic in the guarantee that public lands and waters will be accessible to America’s conservation-minded hunters and recreational target shooters.”
2020 Elections
Presidential: On Dec. 14 the members of the Electoral College met in their respective states and voted 306-232 in favor of former Vice-President Joe Biden to become the 46th President of the United States. I think, like many others do, that the 2020 election was rampant with voter fraud, but that may not be proven in the time remaining to keep President Donald J. Trump in office.
As this review is being written the final makeup of the U.S. Senate, that is currently 50 Republicans and 48 Democrats is still awaiting the all-important vote from Georgia that is scheduled to finish on Jan. 5, 2021. If the Republicans hold on to even one of the two contested Senate seats, they will hold their majority, otherwise there will be a 50-50 Senate and the incoming Vice-President Kamala Harris will be able to vote and thereby elect Senator Chuck Schumer as Majority Leader.
Ballot initiatives: Two statewide ballot initiatives appeared to be heading for the vote of the citizens at the beginning of 2020. However, COVID-19 led to problems in getting signatures in Oregon and in Florida the Florida Supreme Court ruled that the ballot initiative was misleading and would deceive voters. Thus no anti-gun ballot initiatives were on statewide ballots this year.
Bureau of Alcohol, Tobacco, Firearms and Explosives
It appears that the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) is working closely with the Biden Transition Team according to an article by John Crump in Ammoland.com. Crump’s articled described how acting director Regina Lombardo told people in a leaked conference call that ATF has already begun working with the Biden transition team and has made her “top priorities” pistol braces and 80% lower receivers. Following the Biden transition meeting BATFE raided Polymer80, a Nevada corporation that has worked closely to ensure that the firearms parts they manufacture are within government guidelines. The raid took place on Dec. 10. A week after the raid BATFE published new regulations regarding “Weapons with Stabilizer Braces.” More information can be found in this article by Dave Workman.
On Dec. 18, BATFE published “guidance” for classifying weapons with “Stabilizing Braces” in the federal registry. The deadline for public comments is two weeks from the publication in the federal registry, January 4, 2021. A very short time span during the holiday season. This document which does NOT add any objective criteria to exactly what is considered an “illegal” pistol brace, it only allows the agency the right to “exercise unlimited discretion in any future determinations.” Gun owners need to contact their elected officials—US Senators and Representative to ask them to stop BATFE from using arbitrary factors to determine whether a firearm is lawful.
Federal
In the election of 2018 control of the U.S. House of Representatives swung back to the Democrats who re-elected Rep. Nancy Pelosi to be Speaker and they quickly began working on gun control legislation. Both H.R. 8, federal background checks on all gun sales, including private transactions, and H.R. 1112, that turns the 3-day waiting period if the background check does not clear to an indefinite delay of purchase, were sent to the House Judiciary Committee. Although the House in February 2019 passed H.R. 8 240-190 and H.R. 1112 228-198, both bills were sent to the Senate Judiciary Committee where they languished for 2 years and hopefully die on Dec. 31.
Otherwise, the most important legislation that passed in 2020 was HR 1957, the Great American Outdoors Act. The National Shooting Sports Foundation (NSSF) summarized this bill as follows:
The Great American Outdoors Act is a leap forward to delivering on the promise of sustained wildlife conservation, public land hunting and recreational shooting for current and future generations of outdoorsmen and women. The bipartisan legislation ensures full, dedicated funding for the Land and Water Conservation Fund (LWCF) and addresses the maintenance backlog of public lands and water projects across the United States. Those projects include wildlife habitat conservation, road and trail repairs and increased recreational access to our public lands and waters. NSSF is confident that the legislation will be signed into law by President Trump who has previously expressed support for the bill.
State Legislation
As we began the year, 46 states were scheduled to be in session. However, the legislative calendar became completely rearranged by the COVID-19 Pandemic. In March many state legislatures either adjourned early or suspended/postponed their legislative sessions. But in the end even the legislatures adapted to living within the requirements of masking and social distancing. One of the most contentious edicts by governors of the various states was listing businesses as “essential.”
By May only California, Massachusetts, New York, Oregon, and Washington as well as several additional cities had not listed firearms dealers as essential business, thereby shutting them down during the emergency period of emergency that kept getting extended as the months rolled by.
California:
The legislature went back to its normal schedule in the summer of 2020. After adjournment in September Governor Newsom announced the following action: He vetoed SB914, more restrictions on loaning a firearm, and signed AB2362, fines for FFLs, and AB2847, a microstamping bill. Governor Gavin Newsom had earlier signed AB88, which was a budget bill that included an expanded definition of assault weapons and moved up the effective date of precursor parts restrictions from 2024 to 2022.
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.
Kentucky:
Gov. Andy Beshear signed SB8, a bill that required Kentucky schools to have at least one armed police officer, after it had passed both Houses by large majorities and became effective immediately.
Louisiana:
Gov. Edwards signed: HB140, preventing 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
New Mexico:
Gov. Michelle Lujan Grisham signed SB5, “red flag” firearm seizure legislation, on Feb 25 before the legislature adjourned.
Ohio:
In MarchGov. DeWine signed HB197, a bill that includes an amendment to address Right-to-Carry Permit expirations extending the expiration date of for 90 days. In early fall Gov. DeWine signed HB614, extending CHL expirations dates through June 30, 2021, and extended an additional 90 days past their expiration date those licenses that will expire between April 1, 2021 and June 30, 2021. In the closing days in December SB197 was amended with a No Duty to Retreat pro-gun addition and is headed to Gov. Mike DeWine for his consideration.
South Dakota:
In a very short session three pro-gun bills passed and were signed by Gov. Kristi Noem: HB1296, ensuring that South Dakotans will NOT be disarmed during natural disasters or pandemics; HB98, extends the time that an enhanced Right-to-Carry Permittee may carry a concealed firearm in the State Capitol to one year; and HB1094, allowing carrying a firearm on a motorcycle, snowmobile or off-road vehicle without a permit.
Virginia:
As a result of the 2019 state-wide elections that put the Democrats in control of the legislature, Gov. Northam signed the following anti-gun bills: SB 14, banning possession of bump stocks, although binary triggers, trigger cranks, etc. are not affected; SB 64, turning a misdemeanor into a felony when a group of two or more individuals brandishes with the intent and purpose of intimidating others; SB 71, mandating daycare/preschool become gun-free zones, for daycare centers in religious or private preschools, the gun ban only applies during hours of operation; SB 173, allows CHP holders to have a stun-weapon in their vehicle while on K-12 school grounds; HB 264, eliminates online training but does not affect training from NRA instructors to get a CHP; HB 600, Licensed home day facilities require firearms to be stored unloaded and locked up during hours of operation and allows localities to make their requirements more strict; HB 888, eliminating sales tax for purchases of a gun safe under $1,500; HB 1004 – protective orders take away gun rights while in effect; HB2, criminalizing private transfers and adds fees; HB9, all firearms loss or theft to be reported within 24 hours; HB421, repeals preemption; HB674, allow seizure of firearms without hearing; HB812, a one-gun-a-month purchasing restriction; HB1080, restricting school boards from changing gun restrictions; and HB1083, restricting parental decision making regarding children and firearms.
Washington:
The legislature adjourned on March 12, but not before they passed and Gov. Inslee signed: HB2622, modifying the current firearm surrender provisions thus increasing the burden on the gun owner; HB2467, creating a centralized system for firearms transfer to be managed by the Washington State Patrol that will allow firearms transfers through FFL dealers instantaneously; SB5434, expanding “gun free zones” to include child care centers, where even Right-to-Carry Permittees cannot carry a gun, and SB6288, creating an Office of Firearm Violence Prevention.
West Virginia:
Governor Jim Justice signed HB4955, a Right-to-Carry Permit fee reduction bill was passed unanimously by the House—the current $75 fee has been reduced to $25 and the fee for honorably discharged military veterans was eliminated
Judicial
SCOTUS: On Sept. 18, Associate Justice Ruth Bader Ginsberg died of pancreatic cancer leaving a vacancy on the Court. Although the Democrats roundly opposed replacing Justice Ginsberg, President Trump quickly said he would send a nominee within days to the U.S. Senate for confirmation and requested they take up the nomination immediately. As expected Trump nominated Judge Amy Coney Barrett of the 7th U.S. Circuit Court of Appeals. Judge Barrett spent three days before the Senate Judiciary Committee quietly avoiding “gotcha questions” while all the while answering loaded questions from her opponents with grace, humility and an absolute knowledge of the law and precedent. She was confirmed on October 26, 2020 and received her commission on that day.
We normally review the important cases of the past year in this section of the Year in Review. However, we are breaking the Judicial Review into two parts. First—Gun cases that deal with Second Amendment rights and then those that dealt with citizens’ ability to exercise their Second Amendment rights as a result of COVID-19 Restrictions.
Judicial—Gun Cases
It usually takes several years for lawsuits to come to a resolution as our courts are overcrowded and the appeals process can extend cases for up to a decade. We will review the most relevant cases of 2020. These are not cases that were initiated in 2020, but cases that were decided in a court that could have a profound impact on Second Amendment rights in the future.
SCOTUS: In 2019 New York State Rifle & Pistol Association Inc. v. City of New York, New York was the big case going before the US Supreme Court (SCOTUS) in 2020. As I wrote a year ago:
Since January 22–almost a year ago–gun control advocates, the City and State of New York have been on a frenzy to change New York city law. All these entities fear that a pro-Second Amendment majority on SCOTUS would create case law that would broaden the scope of Heller and McDonald. Thus have worked diligently to change the laws both in NYC and in New York state to force SCOTUS to stop considering this lawsuit. NYC went through the process of liberalizing their gun control ordinance to allow licensed gun owners to transport their firearms to homes and shooting ranges outside the city. Governor Andrew Cuomo, an ardent anti-gun politician, got involved and signed the New York State legislature’s new gun law that allowed licensed handgun owners to transport firearms to places they are legally permitted to have them.
The tactic worked. During the argument before the Court (held before COVID-19 shut everything down) the Justices spent more time asking about “mootness” than particulars about the draconian NYC ordinances. New York City was successful—in a 6-3 decision that sent the case back to the lower court due to the old ordinance banning any firearm transportation having been replaced—the case became moot. The 3 Justices voting nay were Alito, Thomas and Gorsuch. Since that date no new Second Amendment cases have been added to the SCOTUS docket.
Rhode v. Becerra:
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 and here.
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 that is in place 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.
Campos v. Becerra—
The Second Amendment Foundation (SAF) and several other pro-gun groups have joined together in this lawsuit against the CA DOJ’s delay in firearms transfers. According to Alan M. Gottlieb, “California DOJ and the Bureau of Firearms are using the state’s Dealer Record of Sale and the coronavirus outbreak to violate the state’s 10-day waiting period by extending it as long as 30 days to complete a firearms transaction. The agency is essentially violating its own law to perpetuate its anti-gun political philosophy needlessly delaying the ability of law-abiding Californians to exercise their rights.”
Defense Distributed and Second Amendment Foundation, Inc. v. Gurbir Grewal, NJ Attorney General, et all:
This case had its beginning seven years ago. When Cody Wilson in Texas created a fully functional 3-D printed handgun in .380 caliber, took it to a range and found that it worked safely. He then uploaded the story about his firearms as well as the instructions for creating this gun to his website, Defcad.com. Since then there have been lawsuits instigated by both pro and anti-Second Amendment plaintiffs.For a history of this issue see my article entitled, No First Amendment Rights for Second Amendment Supporters.
COVID-19 Restrictions
President Trump’s Department of Homeland Security (DHS) included the firearm and ammunition industry as essential critical services that should remain open during the Covid-19 pandemic. On March 28, 2020 DHS announced their Advisory Memorandum of Essential Critical Infrastructure Workers. That listed the firearms industry–retailers, distributors, manufacturing and ranges—as essential services. This single act has kept the firearms industry open and running as many states have referenced the federal guidelines in their documents regarding “essential services”. As a result in most states where some form of “Stay-at-Home” executive order was in place listed firearms stores as essential services. However, there were several states and municipalities that did not consider gun stores “essential services.” Those states included New Jersey, Massachusetts, New Mexico, and Pennsylvania. Also, the city of Jackson, MS, the city of Portland, ME and counties including many in California, Wake County, NC, and Cherokee County, GA were subjected to lawsuits, as well as public pressure to open gun stores for business. The public pressure and the litigation were almost 100% successful in opening these venues. But it took a lot of time, money and effort away from the efforts to mitigate the pandemic and made life difficult for many, many people-gun owners and firearms retailers as well.
** Next week we will cover what to expect in 2021**
