By Tanya Metaksa
What’s New—End of 99-year Regulation-comment period ended: Firearms Policy Organization publishes comments; State Legislation: Hawaii: The legislature has adjourned, and seven anti-Second Amendment bills have been defeated; Colorado: The legislature has adjourned, but not before Governor Jared Polis signed SB 26-004 and HB 26-1144, and allowed HB 26-1126 to become law without his signature; Delaware: On May 13, the Senate Executive Committee released SS1 for SB300 with a favorable report; Florida: Florida’s Lawsuit Against Jacksonville; Louisiana: HB328, a “gun-free zone” expansion bill, will be considered by the House Committee on Administration of Criminal Justice on Tuesday; Minnesota: A new omnibus gun control bill, HF5140, has been introduced, but it is identical to SF4067; New Hampshire: The Senate voted to accept the following bills: HB609, HB1365, and HB1793; New Jersey: FFLs across the state are receiving subpoenas demanding all customer records for the last ten years of New Jersey residents who have lawfully purchased Glock pistols; New York: Governor Kathy Hochul’s FY27 Public Protection and General Government (PPGG) budget bill (Part C) includes provisions “to combat the rise of 3D‑printed firearms and DIY machine guns;” Virginia: Governor Abigail Spanberger signed the HB 217/SB749 package and within hours of signing, the NRA, Second Amendment Foundation, and Firearms Policy Coalition filed a federal lawsuit in the Eastern District of Virginia (Alexandria “Rocket Docket”) challenging the bans under the federal Second Amendment. The lawsuit is McDonald v. Katz, E.D. Va., No. 26-cv-1305.
End of the 99-year Regulation, the comment period ended
Last week, we discussed the new proposal from ATF ending the prohibition on mailing handguns through the USPS. The comment period ended on May 3, and to date, the only group to publish its comments is the Firearms Policy Organization (FPO). FPO applauds the Postal Service for implementing this much-needed step, but suggests it is insufficient.
“While that is one step in the right direction, the Postal Service (along with the Department of Justice) should take another. The mailing requirements that the Postal Service—a federal government actor— continues to apply under the Proposed Rule impose additional costs that single out constitutionally protected arms. Even mailable firearms are subject to the requirements that mailers purchase more expensive shipping options or additional services such as tracking and signature at delivery.”
Legislatures adjourned sine die:
Alabama, Arkansas, Connecticut, Florida, Georgia, Hawaii, Idaho, Indiana, Kentucky, Maryland, Mississippi, Montana, Nebraska, Nevada, New Mexico, Oregon, Tennessee, Utah, Virginia, Washington, West Virginia, and Wyoming.
State legislatures not in session: Montana, Nevada, North Dakota, and Texas.
Colorado: The legislature has adjourned, but not before Governor Jared Polis signed SB 26-004 and HB 26-1144, and allowed HB 26-1126 to become law without his signature. Fortunately, Senate Bill 26-043, which would have added more restrictions on firearm dealers, was not passed before adjournment.
Delaware: On May 13, the Senate Executive Committee released SS1 for SB300 with a favorable report. The bill now advances to the Senate Finance Committee, where a hearing may be scheduled soon. SB300 would establish a statewide firearm registry and impose new, burdensome requirements on gun stores, which could drive many out of business.
Florida: Florida’s Lawsuit Against Jacksonville
Florida Attorney General James Uthmeier announced a lawsuit against the city of Jacksonville for maintaining an illegal gun registry in violation of Florida law. In July 2023, after Mayor Deegan took office, Jacksonville City Management implemented a logbook requiring security officers to record visitors’ names, ages, state-issued ID numbers, and weapon types for anyone carrying a firearm into city buildings. This practice continued until April 2025, when an individual lawfully carrying a firearm was unlawfully denied entry for refusing to provide the requested information. The lawsuit seeks $5 million in damages and court-ordered relief, potentially including the destruction of all records of privately owned firearms. Further information in the next Judicial Report.
Hawaii: The legislature has adjourned, and seven anti-Second Amendment bills have been defeated.
Louisiana: HB328, a “gun-free zone” expansion bill, will be discussed by the House Committee on Administration of Criminal Justice on Tuesday, May 19th. HB 328 would eliminate longstanding exceptions under current Louisiana law for certain residential facilities on public higher education campuses.
Minnesota: HF5140, a new omnibus gun control bill identical to SF4067, was introduced. On May 14, HF5140 was defeated in the House by a party-line vote of 67-67. This onerous gun control bill included banning the following items: modern sporting rifles, magazines that hold over 17 rounds, home-built firearms, and certain types of triggers. It also included restrictions on self-defense and expanded red flag laws.
New Hampshire: The Senate voted to accept the following bills:
- HB609 would centralize weapons regulation within the New Hampshire legislature and prevent both local governments and executive agencies from creating their own potentially conflicting rules on firearms and other self-defense tools.
- HB1365 would limit the information that can be requested on the voluntary state pistol/revolver license application, reverting it to the older, minimal version while protecting privacy and Second Amendment rights.
- HB1793 would grant off-campus young adults the same rights they have on campus at public universities in the Granite State.
New Jersey: In 2025, using the state’s public nuisance laws, the Attorney General’s Office filed a lawsuit against Glock, Inc. Now, a year later, as a result of that lawsuit, FFLs across the state have started receiving subpoenas demanding all customer records from the past ten years for New Jersey residents who have legally purchased Glock pistols. The goal of this activity is to establish a Glock gun registry.
New York: Governor Hochul’s FY27 Public Protection and General Government (PPGG) budget bill (Part C) includes provisions “to combat the rise of 3D‑printed firearms and DIY machine guns.” The package mirrors and incorporates S.399‑B (Myrie) / A.199‑B (Solages), a stand‑alone bill requiring that new handguns sold in New York be designed so they are not easily convertible into fully automatic “DIY machine guns,” similar to a model recently enacted in California.
Plastic Pipeline Legislation
- This legislation would establish “first-in-the-nation” safety standards for 3D printers by requiring all 3D printers sold in New York to include software safeguards that prevent the production of illegal firearm parts.
- The same “plastic pipeline” package includes criminal provisions that make it a crime to sell or distribute “digital instructions” or blueprints used for 3D‑printing guns or key components without a license.
- It would also make it illegal to manufacture and sell 3D‑printed firearms and parts without a license, classifying them as illegal “ghost guns” when produced outside the usual regulatory processes.
Virginia: On May 14, Governor Abigail Spanberger signed Virginia’s new “assault firearms” and “large-capacity magazine” bans, known as the HB 217/SB749 package. Mark W. Smith, a Second Amendment attorney (@FourBoxesDiner on X.com and the Four Boxes Diner on YouTube.com), who reviews current cases, argues that these Virginia laws will quickly lead to fast-track litigation that will likely reach the U.S. Supreme Court, where he predicts the bans will be struck down under the Second Amendment.
Virginia’s new law implements the following restrictions
- The law prohibits the import, sale, manufacture, purchase, and transfer of “assault firearms” as defined in the bill, with violations classified as a Class 1 misdemeanor.
- It also bans the sale of “large capacity ammunition feeding devices,” which are defined as magazines holding more than 15 rounds, with some exceptions for antiques, permanently inoperable firearms, and manually operated actions.
- A person convicted under the law is prohibited from buying, possessing, or transporting firearms for three years after the conviction.
Immediate lawsuits filed
- Within hours of signing, the NRA, Second Amendment Foundation, and Firearms Policy Coalition filed a federal lawsuit in the Eastern District of Virginia (Alexandria “Rocket Docket”) challenging the bans under the Second Amendment. The lawsuit is McDonald v. Katz, E.D. Va., No. 26-cv-1305.
- Parallel suits in Virginia state courts under the Virginia Constitution’s right‑to‑arms provision, creating both federal and state litigation tracks, are expected to be filed as well.
U. S. Department of Justice response
- Associate Attorney General Harmeet Dhillon, who leads the DOJ’s Civil Rights Division, publicly responded, “see you in court,” and announced that the DOJ will sue Virginia over the law within days.
- According to Smith, when the Solicitor General formally requests the Supreme Court to hear a case, the Court grants review at a very high rate, which he considers a major strategic advantage for gun‑rights plaintiffs.
Legal Background: Fourth Circuit precedent and the Rocket Docket
- The Eastern District of Virginia is part of the Fourth Circuit, which has established prior precedents (Bianchi and “Snope”) classifying AR-15-type rifles as “weapons of war” similar to the military M16, and therefore not protected by the Second Amendment.
- Because district judges are bound by those precedents, Smith predicts quick losses in district court and the Fourth Circuit, which he welcomes because it accelerates the process to Supreme Court review, as in Bruen, which moved swiftly due to adverse Second Circuit precedent.
