By Tanya Metaksa
What’s New—Congress is in recess until after Labor Day; California: the legislature returned on Aug. 15, and it has already passed SJR7 in the Senate and other bills; Missouri: Mayor Tishaura Jones’ proposal to ban guns and stop minors from purchasing guns has been noticed by Missouri Attorney General Andrew Bailey; Tennessee: Most bills dealing with firearms and ammunition have been tabled or otherwise pushed off the 2024 legislature.
US Congress
Congress is in recess until after Labor Day
Let your Representative and Senator know your position on these bills.
S.2226, National Defense Authorization Act for Fiscal Year 2024: This bill has passed the U.S. Senate and it includes an amendment sponsored by Chairman Jack Reed (D-IL) that reauthorizes the Undetectable Firearms Act, a 1980s anti-plastic gun bill. When Congress returns in September there will be a clash with the House of Representatives over this bill. It is not a done deal.
H.R. 4366, The Appropriations bill for the Veterans Administration, was amended by Chairman of the House Veterans’ Affairs Committee Mike Bost (R-IL), with an amendment (#35) that would stop the VA from automatically reporting veterans to the National Instant Criminal Background Check System (NICS) if someone else (a fiduciary) is handling their financial affairs. This automatic placing of veterans into the background check system because they have sought medical treatment for mental health issues is part of the original NICS law. During discussion of this bill, Representative Debbie Wasserman Schultz, (D-FL), who was essentially removed as Democrat Party Chairperson in 2016, called veterans who need “fiduciary assistance” mentally defective during a floor speech of the U.S. House of Representative. On July 26, 2023 the bill passed the House 228-206.
Legislatures/Local communities
The following states are currently in session: California, Indiana, Michigan, North Carolina, Pennsylvania, New Jersey, New York, Massachusetts and Wisconsin. The states that are still in session but in recess are: Alaska, Georgia, Illinois, Iowa, Maine, Minnesota, Nebraska, Kansas, New Hampshire, Oklahoma, South Carolina, Tennessee, and Vermont. All the rest have adjourned for 2023.
California—There are many anti-Second Amendment bills left to be acted upon before the legislature adjourns next month. Governor Gavin Newsom’s promotion of a constitutional amendment to remove the Second Amendment has found fertile ground in the legislature. Although the Senate Public Safety Committee was scheduled to have a hearing on SJR7, calling for a constitutional convention to amend the U.S. Constitution, the hearing was postponed and then on August 23 the Senate suspended the rules and voted 32-8 to approve the measure. The Senate Appropriations Committee held a hearing on Aug. 21 on AB1587, requiring credit card issuers to use a Merchant Category Code to designate firearms and ammunition retailers, transferred it to the Senate where it was read for the second time and ordered to third reading.
The following bills are in the Appropriations Committee: In the suspense file, which means they are awaiting budgetary restrictions to see if there is enough money in the budget to pass them: AB28, a bill that adds an excise tax of 11% on all firearms, firearms precursor parts and ammunition; is in the suspense file; AB97, requiring the CA DOJ to collect and report on prosecutions of misdemeanor offenses relating to unserialized firearms; AB455, adds pretrial diversion as another basis denying firearms possession; AB574, requiring an affidavit from prospective gun buyers that they have confirmed possession of all other guns owned within the past 30 days; AB732, expands current federal law regarding the relinquishing of firearms upon conviction of a prohibiting offense; AB733, prevents state and local government selling surplus firearms, ammunition and body armor; AB1089, expanding current ban on making firearms; AB1133, mandating more training for carry permit applicants; and AB1483, a one gun a month restriction on private party sales/transfers. The following bills are on the Senate Consent Calendar and ordered to third reading in the Senate: AB301, adds the acquisition of body armor as another basis for issuing a GVRO, gun violence restraining order; and AB1598, requiring firearms dealers to provide a DoJ pamphlet with every sale. Bills that have passed the Senate and are on the suspense calendar in the Assembly Appropriations Committee: SB368, A grab bag of onerous restrictions; and SB452, banning all semi-automatic handguns without microstamping technology.
Two bills appear to be dead for the session: AB36, increasing the time a person subjected to a protective order from possessing a gun to three years “after” the order has expired and SB2, new restrictive criteria for carry permits and increasing “gun free zones”.
Missouri: St. Louis: Mayor Tishaura Jones is going to introduce a proposal to ban “military grade assault weapons,” stop the sale of firearms to minors and go after “ghost guns.” The mayor got the attention of Missouri Attorney General Andrew Bailey, who promptly sent her a letter. AG Bailey wrote,”It is my hope that you will reverse course and use existing law to combat the crime plaguing your city, rather than choosing to target the rights of law-abiding Missourians. In other words, I encourage you to go after criminals, not guns. As the Attorney General for the State of Missouri, I will discharge my duties under the Constitution and resist any effort to infringe on the right of the people of Missouri to keep and bear arms.”
Tennessee: During the first few days of the special session the Senate tabled and otherwise did not consider many bills. The House K-12 subcommittee passed 7 of the 14 bills on its agenda. They include:
HB 7002 requiring all schools, whether public, private or parochial, to establish a way to delineate between different alarms for things like fires, lockdowns and active shooters.
HB 7063 authorizing school districts and public charter schools to employ retried law enforcement officers and honorably discharged U.S. military veterans to serve as school resource officers.
HB 7023 authorizing law enforcement agencies to assign officers to schools that do not have a memorandum of understanding set up with the agency.
HB 7038 requiring the Tennessee Department of Education to set up a school safety alert grant for school districts to offset the costs of installing new safety alert systems.
HB 7042 requiring the Tennessee Department of Safety to complete an audit of each public school’s safety plan at least once every five years and to report it back to state lawmakers.
HB 7061 requiring the Tennessee Department of Education to notify each local school district, in writing, of all state and federal grant programs available to it for mental health services.
HB 7093 requiring the Tennessee Department of Safety to inspect each public school at least once every three years for safety and security.
Firearms/ammunition bills that have been introduced:
HB7079/SB7066 requiring a FFL to install a safety device on a firearm before delivering it to a purchaser. Failed in the House and tabled in the Senate.
HB7012/SB7085 directs the Department of safety to provide free firearms locks upon request. House placed on regular calendar. Passed senate as amended.
SB7100 encourages the owner of a firearm to report theft or loss within 24 hours of discovering such theft/loss. Laid on the table in the Senate Judiciary Committee.
HB7114 prohibits storage of a firearm or ammunition unless they are not plainly observable or inside a locked compartment. Assigned to Civil Justice Subcommittee of 1st Extraordinary Session.
SB7103 persons are urged not to leave or store firearms or ammunition in an unattended vehicle unless kept from observation of locked within the trunk, glove box or a container. Senate Judiciary Committee laid it on the table.
HB7107/SB7099 allocates sales tax proceeds on firearms, ammunition and firearms accessories to a mental health resources account. Assigned to Finance, Ways and Means subcommittees in both Houses.
SB7003 exempts a person from civil liability resulting from stolen firearms or ammunition from a motor vehicle. Referred to Senate Judiciary Committee.
Ohio: Allegheny County processed 520 new and renewal permits on August 26 for $20 each. In two weeks, there will be another event in North Fayette.
Pennsylvania: Lower Merion Township has only one gun store, Shot Ten, and it doesn’t stock guns, it only receives guns ordered by customers. The Township passed an ordinance limiting business to only commercial non-residential areas thus eliminating Shot Tec. The story of this gun store make NPR on August 19 promoting the elimination of Pennsylvania’s preemption statute.
The weekly Judicial update is now published on Wednesdays, as the courts have become a virtual hotbed of activity since the Bruen decision.
