GUN RIGHTS WATCH

Biden wants to end PLCAA

April 9, 2021

Federal

"Most people don’t realize, the only industry in America, billion-dollar industry, that can’t be sued, exempt from being sued, are gun manufacturers,” President Biden stated on Thursday.

Biden was wrong, Oliva and fact checkers noted, in saying the firearms industry alone can't be sued. Other industries, such as pharmaceutical makers and airlines, have special immunity from some types of lawsuits, and the gun industry does not have complete impunity.

“The gun industry absolutely can be sued,” said Oliva, of the trade industry group. “You just can't sue a gun-maker because someone criminally misused a gun. That would be like suing Ford because a drunk driver killed someone."

MORE INFO HERE

PA Sets Record for Background Checks

April 7, 2021

Pennsylvania

Pennsylvania's Instant Check System (PICS) numbers continue to climb in Pennsylvania, setting a record for background checks in the first quarter of 2021, according to state police.

Northumberland County Sheriff Bob Wolfe said he doesn't expect it to subside.

State police spokesperson Ryan Tarkowski said the instant checks system set a record for background checks with 427,450. It was the third straight quarter for record-breaking volume, breaking the record of 420,581, set in the last quarter of 2020. In the first quarter of 2020 there were 304,876 checks conducted.

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Tennessee: Latest Constitutional Carry State

April 8, 2021

Tennessee

Tennessee has become the latest state to soon allow most adults 21 and older to carry handguns without first clearing a background check and training after Gov. Bill Lee on Thursday signed the measure into law.

MORE INFO HERE

Sixth Circuit Rules on Bump Stocks

March 26, 2021

Federal

On March 25, 2021, the United States Court of Appeals for the Sixth Circuit ruled against the ATF’s December 26, 2018, rule declaring bump stocks to be machine guns and prohibiting ownership of said stocks.

NPR reported the prohibition against ownership went into effect on March 26, 2019.

A case against the ban was filed in the United States District Court, W.D. Michigan, Southern Division, on December 26, 2018 — the same day that the ATF’s bump stock rule was put forward. Plaintiffs contended the ATF could not declare bump stocks to be machine guns and sought a preliminary injunction against the ATF rule.

The District Court ruled in favor of the ATF, finding that the agency was entitled to Chevron deference and thereby able to classify bump stocks as machine guns.

The case was then appealed to the Sixth Circuit and, on Thursday, Judge Alice M. Batchelder, a well-respected originalist judge in the mold of Justice Clarence Thomas, handed down a majority opinion against the ATF’s interpretive powers.

The Sixth Circuit’s decision was two to one.

Batchelder noted how important Chevron deference was to the District Court decision:

MORE INFO HERE

US Appeals Court Rules in Favor of Gun Control

March 25, 2021

Federal

On Wednesday, an en banc panel of the US Court of Appeals for the 9th Circuit ruled that the second amendment right to keep and bear arms does not citizens include the right to carry a firearm, either openly or concealed, in public.

The court issued the ruling in the case of George Young Jr. V Hawaii, a lawsuit challenging a Hawaii firearm licensing law, which states residents seeking license to openly carry a firearm in public must demonstrate “the urgency or the need” to carry a firearm, must be of good moral character, and must be “engaged in the protection of life and property.” The court said, “There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment.”

The majority opinion also states, “we can find no general right to carry arms into the public square for self-defense.” The majority further argued that the second amendment applies to the “defense of hearth and home” and “the power of the government to regulate carrying arms in the public square does not infringe in any way on the right of an individual to defend his home or business.”

The majority ruled opinion covers Hawaii’s law regarding open carrying a firearm and the court further states, “We have previously held that individuals do not have a Second Amendment right to carry concealed weapons in public” meaning they believe no right to carry a firearm in any capacity in public exists.

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Oregon Lawmakers Infringing on Permit Holders

March 24, 2021

Oregon

Oregon lawmakers are set to vote on SB554, a confusing and purposefully misleading bill that "authorizes entity that owns, occupies or controls public building to adopt ordinance, rule or policy limiting or precluding affirmative defense for possession of firearms in public buildings by concealed handgun licensees."

...or as Oregon Firearms Federation summarizes..."a bill that will send concealed handgun license holders to prison for 5 years if they dare travel close to a government owned building."

MORE INFO HERE

Boulder Gun & Magazine Ban Struck Down

March 17, 2021

Colorado

In 2018, Boulder, Colorado City Council enacted a gun and magazine ban. Yes, it has been subject to multiple lawsuits to no avail. However, a district judge declared the law null and void.

This particular case was brought by two Boulder residents who challenged the authority of the city council to enact or enforce the gun ban, given the fact that the state legislature in Colorado has reserved the right to set the gun laws in the state.

Specifically, the state preemptions statute bars localities from passing any law that “prohibits the sale, purchase, or possession of a firearm that a person may lawfully sell, purchase, or possess under state or federal law.” In Boulder’s case, the city tried to ban the possession of some of the most commonly owned arms in the country, and in his ruling Judge Andrew Hartman not only tossed out the law, but granted a permanent injunction blocking the city from any attempt to enforce the measure.

 MORE INFO HERE

House Passes Gun Control Bill

March 12, 2021

Federal

Didn’t think it would happen? Well, you were wrong. They are coming for your guns.

The House voted in favor of the Bipartisan Background Checks Act of 2021 (H.R. 8) with a vote of 227-203Thursday, passing legislation that would criminalize private gun sales conducted without a background check.

“It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm,”H.R. 8 states.

Democrats overwhelmingly supported the bill, with 219 voting in favor of the legislation. Eight Republicans also voted in support of the bill.

The 202 Republicans voting against H.R. 8 were joined by a single Democrat. None of the Representatives responded with “present.”

MORE INFO HERE

Lawmakers Launching Attacks on 2A

March 3, 2021

Federal

Attacks continue to pursue our 2A rights. This new wave comes just months into the new administration, showing signs that the left will stop at nothing to dampen our ability to practice our fundamental rights.

Congressional lawmakers are launching a fresh push for significant gun control legislation, introducing two bills aimed at sweeping overhauls of the nation's gun laws.

A bipartisan group of lawmakers, led by California Rep. MikeThompson, who leads the congressional task force on gun violence prevention, reintroduced legislation Tuesday to require background checks for all gun purchasers.

The legislation was first introduced in the House in January 2019, after a wave of youth-led activism that followed the shooting at Marjory Stoneman Douglas High School in Parkland, Fla., rallied Democrats around gun control. It passed in the House in February 2019, making it the first significant piece of gun legislation to be approved by the House in 25 years. But, it stalled in the Senate.

MORE INFO HERE

Magazine Ban Gets Full Appeals Court Hearing

March 2, 2021

Federal

The U.S. Court of Appeals for the Ninth Circuit granted an en banc review, or a rehearing of Duncan v Becerra the challenge to California’s ban on standard capacity magazines. The court is also holding Rupp v Becerra in abeyance, or pausing it, until the magazine ban case is resolved.

MORE INFO HERE

Biden Considering "Unfinished Receiver" Executive Order

March 1, 2021

Federal

President Joe Biden is reportedly considering executive action that could redefine the threshold for unfinished receivers, treating 80 percent lowers as firearms, requiring background checks.

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Indiana Closer to Becoming a Constitutional Carry State

February 23, 2021

Indiana

The Indiana House voted Monday to eliminate the license to carry a handgun in the state -- an apparent victory, at least temporary, for supporters of Second Amendment gun rights.

House Bill 1369, which passed the House by a 65-31 vote and now heads to the Senate, repeals a law that requires a person to obtain a license to carry a handgun in Indiana, according to the Indianapolis Star

It allows for any person who is lawfully able to carry and possess a firearm to do so without a government-issued permit or license, reports said. The bill specified that certain offenders still could be prohibited from carrying handguns. 

Supporters of the bill argue that the permit process punishes law-abiding citizens and residents shouldn't have to pay for aright guaranteed by the Second Amendment.

MORE INFO HERE

Proposed Bill Would Ease Firearm Suppressor Laws

February 23, 2021

Illinois

Illinois is notorious for suppressing firearm laws throughout the state. HB 1891, introduced by State Rep. Amy Elik, (R-Fosterburg), would allow the civilian ownership and use of suppressors while hunting or at target ranges. The bill is part of a larger nation-wide legislative battle dealing with the issue and is similar to a bill proposed by former state Sen. Bill Haine, (D-Alton), in 2018.

Elik’s bill was introduced Feb. 16. The following day StateRep. Andrew S. Chesney, R-Freeport, was added as a co-sponsor, the bill had its first reading and was referred to the Rules Committee. It is among several hundred firearms-related bills that have been introduced, ranging from registration and bans on “assault rifles” to multiple bills dealing with theFirearm Owners Identification Card.

In addition to HB 1891, Elik is introducing HB 1892, legislation to repeal the FOID.

“Since I first took office, my office has received dozens of calls from constituents that are still waiting to receive their FOID,” Elik said Monday. “As of today, thousands are waiting to receive their firearm identification throughout the state.

“Illinois should eliminate the FOID as it is an unnecessary hurdle for law-abiding citizens,” she said. “The FOID card is a deterrent for law-abiding gun owners as criminals don’t adhere to our gun laws and they are not concerned about obtaining firearm identification.

 MORE INFO HERE

U.S. Bill to Reduce Travel Restrictions With Firearms

January 18, 2021

Federal

U.S. Rep. Morgan Griffith (R-Va.) introduced H.R. 225, a bill that would remove the legal pitfalls for interstate travel with firearms.

MORE INFO HERE

Florida Bill to Reduce Access to Firearms & Ammo During Emergencies

January 18, 2021

Florida

State Representative Anthony Sabatini (R-32) filed House Bill 6005 to repeal Section 870.044 of the Florida Statutes, relating to the automatic restrictions on the sale of firearms and ammunition during certain declared emergencies.

MORE INFO HERE

Florida Senator Proposes "Assault Weapon" and Mag Capacity Bill

January 18, 2021

Florida

Florida state Senator Gary Farmer (D-34) introduced Senate Bill 370, legislation to ban the future sale and transfer of so-called “assault weapons” and “large capacity” magazines capable of holding more than 10 rounds.

MORE INFO HERE

Virginia Proposes Background Check Expansion

January 18, 2021

Virginia

Virginia state Senator Creigh Deeds (D-25) introduced Senate Bill 1250, which would expand background checks for firearm transfers to include rentals of firearms.

MORE INFO HERE

South Carolina Introduces Firearm Industry Nondescrimination Act

January 18, 2021

South Carolina

Ten South Carolina lawmakers introduced H. 3506, the Firearm Industry Nondiscrimination (FIND) Act, to prohibit finance and government entities from discriminating against businesses solely for being involved in the firearm industry.

MORE INFO HERE

Washington Proposes "Assault Weapon" Ban

January 18, 2021

Washington

Eight Democratic Washington state senators introduced SB 5217 that would ban the manufacture, possession, distribution, import, transfer or sale of so-called “assault weapons.”

MORE INFO HERE

Montana: Permitless Carry Laws Could Soon Be Heard On House Floor

January 14, 2021

Montana

On January 11th, the House Judiciary Committee passed self-defense legislation, House Bill 102, by a 12 to 7 vote.

On January 11th, the House Judiciary Committee passed self-defense legislation, House Bill 102, by a 12 to 7 vote.  The measure now heads to the House floor where it will await a full vote.  Please contact your Representative and ask that they SUPPORT House Bill 102.

House Bill 102 will strengthen Montana’s self-defense laws by allowing law-abiding Montana gun owners to carry a firearm for self-defense throughout the state without first having to obtain a government-mandated permit to do so.  Further, this bill would remove some of Montana’s “gun-free zones” from the list of prohibited places and stop the unnecessary disarming of Montanans as they go about their day to day lives.

MORE INFO HERE

Virginia Legislator Proposes Background Checks for Gun Rentals

January 15, 2021

Virginia

Contact Your Elected Officials in Opposition to SB1250 Today

Virginia state Senator Creigh Deeds (D-25) offered Senate Bill 1250, which would expand background checks for firearm transfers to include rentals of firearms. As introduced, the legislation adds the term “rent” to “include a temporary change in dominion or control of a firearm for use at or on the premises of a dealer's business location in exchange for money or other consideration.” Because federal law does not allow a NICS check for rentals, the legislation would allow the Virginia State Police to conduct a Virginia state criminal history record information check instead.

MORE INFO HERE

Washington State to Introduce Mag Capacity, Open Carry Bans

January 12, 2021

Washington

Washington State Legislature to Introduce “Large Capacity” Magazine Ban
What You Need to Know About SB 5078

Over the past few legislative cycles in Washington State, the firearm industry has been successful in narrowly stopping multiple efforts by the legislature to ban “large capacity magazines” and modern sporting rifles (MSRs) or what is being termed as “assault rifles.”

It appears 2021 will be more of the same in the Evergreen State. NSSF’s Government Relations – State Affairs team learned SB 5078 has been prefilled. If enacted, SB 5078 would make it a criminal offense to manufacture, possess, distribute, import, sell, purchase or transfer a magazine with a capacity greater than 10 rounds.

Additionally, SB 5038 was introduced and while mostly focused on banning an individual’s right to open carry, it also contains a troubling provision for retailers. It gives municipalities some authority to use zoning ordinances for the purposes of limiting the lawful commerce and location of firearm retailers.

MORE INFO HERE

Maryland: California-Style Ammunition Background Check Bill

January 11, 2021

Maryland

The NRA-ILA reports that Maryland is trying to pass California-style ammunition background check laws.

The General Assembly starts its 2021 session this week and House Bill 175, a bill with California-style restrictions on ammunition sales, has already received a committee assignment. Please contact the House Judiciary Committee to OPPOSE HB 175.

House Bill 175 is a deeply flawed bill that requires “ammunition vendors” to conduct a federal NICS background check on prospective recipients of ammunition. “Ammunition vendor” is vaguely defined in the legislation and could potentially mean that private individuals cannot sell or give ammunition to friends, family, fellow hunters, range buddies, etc.

MORE INFO HERE

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