Grassroots Legislative Update—7/3/23
By Tanya Metaksa. July 3, 2023
Article Source
What's New—
California: 11 Bills have passed the Assembly and are being considered in the Senate, while 3 bills have passed the Senate and are being considered in the Assembly. It is highly likely that all these 14 bills will be considered before adjournment in September. There is a four-week August recess between now and adjournment.
Florida: Constitutional carry is effective July 1, 2023 in Florida;
Maine: Maine is in special session. On June 26 after the House passed LD168, background checks for sale and transfer of firearms on private sales, by one vote, the Senate voted 13-21 against the measure. The measure is dead for the special session;
Massachusetts: HD4420, a bill that among other things would require all handguns sold to be "smart" guns unless they are sold to on duty police;
New Jersey: New Jersey Attorney General issues guidance resolving unintended consequences of ghost gun law; Tennessee: Both supporters of ERPO (Extreme Risk Protection Orders), sometimes known as Red Flag laws, are hash tagging opposing views on twitter. The session is scheduled for mid-August.
Biden Administration
USFWS
Last year the U.S. Fish and Wildlife Service (USFWS) published a proposed rule that "would improperly trade access to public lands in exchange for a ban on traditional ammunition made with lead components." This ban on traditional ammunition was attempted on the last day of Obama's presidency when USFWS published a rule banning such ammunition. That rule was rescinded by Trump's Secretary of the Interior Ryan Zinke on his first day in office. Two companion bills S.1185, sponsored by Senator Steve Daines of Montana, and H.R. 615, sponsored by Representative Robert Wittman of Virginia, would stop the USFWS from prohibiting or regulating the use of lead ammunition or tackle on federal land or water under federal jurisdiction.
State Legislatures/Local communities
California— All Bills that have passed the Assembly and are being considered in the Senate: AB1483, a one gun a month restriction on private party sales/transfers and AB1598, requiring firearms dealers to provide a DOJ pamphlet with every sale, are now on the Senate Consent calendar. On June 26 the Senate Governance and Finance Committee amended AB28, a bill that adds an excise tax of 11% on all firearms, firearms precursor parts and ammunition, and was re-referred to the Committee on Public Safety. Bills passed in the Senate Public Safety Committee: AB97, that had passed the Assembly 77-0, requiring the CA DOJ to collect and report on prosecutions of misdemeanor offenses relating to un-serialized firearms; AB301, adds the acquisition of body armor as another basis for issuing a GVRO, gun violence restraining order; AB455, adds pretrial diversion as another basis denying firearms possession; AB1133, mandating more training for carry permit applicants; AB732, expands current federal law regarding the relinquishing of firearms upon conviction of a prohibiting offense, and re-referred to Senate Appropriations Committee. AB733, prevents state and local government selling surplus firearms, ammunition and body armor, amended in the Committee on Government and Finance and re-referred to the same committee; Also,AB1587 that requires credit card issuers to use merchant codes for firearms and ammunition retailers has been re-referred to the Senate Committees on Banking and Finance and the Judiciary Committees. Senate Committee on the Judiciary passed AB1089, expands current ban on making firearms, and re-referred to same Committee.
All bills that have passed the Senate and are being considered in the Assembly: Passed the Assembly Public Safety Committee and are referred to the Appropriations Committee: SB2, new restrictive criteria for carry permits and increasing "gun free zones"; SB368, A grab bag of onerous restrictions; and SB452, banning all semi-automatic handguns without microstamping technology.
Indiana—Indianapolis City Council: Although Indiana has a preemption law the City Council is promoting an unenforceable ordinance that raises the age to buy a firearm to 21, ends constitutional carry in the city and bans many semi-automatic firearms. The vote is scheduled for July 10, but the council has publicly said the ordinance is unenforceable until preemption is voted down.
Massachusetts: HD4420, a bill that among other things would require all handguns sold to be "smart" guns unless they are sold to on duty police.
Michigan: The following bills were passed in the Senate and are currently awaiting action in the House Committee on Judiciary: SB76-Update references to pistol in penal code; SB77-Weapons; firearms; update references in sentencing guidelines; SB78-Adding penalties for storing or leaving a firearm accessible to a minor.
New Jersey: On June 30 the Association of New Jersey Rifle and Pistol Clubs (ANJRPC) published the New Jersey Attorney General's new guidelines clarifying that the severe unintended consequences of New Jersey's "ghost gun" law do not apply to millions of commonly-owned firearms, including BB guns, air guns, antique guns, pre-1968 firearms, and certain imported firearms. As the publication notes "the 'ghost gun' law is still an unacceptable infringement of the right to keep and bear arms.," but the new guidelines at least dial back the NJ implementation of its hastily written law to take into consideration federal law concerning firearms without serial numbers.
Oregon: Adjournment came on June 25 but not before the legislature passed two anti-gun bills On June 22, the House voted 34-14 to pass HB2005. This action followed what the Oregon Firearms Federation explained was, "Today, after lengthy delays due to technical issues that shut down state websites, the House Republicans folded up and provided the quorum the Democrats needed to pass House Bills 2002 and 2005…The Democrats got everything they wanted, the conservative Republicans and Oregonians, got screwed." Additionally, HB2572, the "paramilitary bill" was passed by the Senate at the last minute.
South Carolina: The legislature's adjournment is informal since there is no sine die resolution. H3594, Constitutional carry, has passed the House and the companion bill, S109,with gun groups' preferred language added, will be considered in the 2024 legislative session.
Tennessee: Although the Special Session on Guns is scheduled for late August to consider two bills, HB1233/SB1029 and a Temporary Mental Health Order of Protection Bill (TMHPB) (no number yet assigned), a group of legislators led by Rep. Bryan Richey is circulating an open letter to persuade Governor Bill Lee to cancel the session. Both supporters of ERPO (Extreme Risk Protection Orders), sometimes known as Red Flag laws, are hash tagging opposing views on twitter. Country star John Rich is opposing ERPO laws and Lee's special session with hashtag #redflagdown, while Giffords @GIFFORDS_org is promoting tweeting to Gov. Lee with hash tag @GovBillLee. 10 weeks to go!
