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August 2021 Legislation/Litigation Update

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August 2021 Legislation/Litigation Update August 2021 Legislation/Litigation Update Focus Items for August: Amicus Briefs A pair of amicus briefs were filed by 176 member of the house and 25 senators to the Supreme Court in the NYSRPA v. Corlett New York concealed carry permit case. This is a major Second Amendment case seeking to find NY's carry permit laws unconstitutional. The briefs filed by the members of congress support striking down New York's carry permit restrictions. Texas Governor Greg Abbott has also filed an amicus brief to the Supreme Court requesting they strike down New York's carry permit laws. This was filed on behalf of the state of Texas in the NYSRPA v. Corlett Supreme Court Second Amendment case. Attorneys General in 22 states have filed Amicus briefs in Miller V Bonta, which is the case seeking to strike down the California Assault Weapon Ban. These state Attorneys General are opposing the state of California's action. Currently, firearms that meet the California definition of “assault weapon” are legal in 46 other states. Legislation US Congress: Currently it appears that any gun control bills are unlikely to pass the Senate. If there is any change and it looks like something may pass, I will update at that time. California Legislature: SB-448 California Emergency Services Act: emergency powers: limitation. This bill would enact the Emergency Power Limitation Act. The bill would require an emergency order, as defined, to be narrowly tailored to serve a compelling public health or safety purpose and limited in duration, applicability, and scope. The bill would authorize any person to bring an action to invalidate or enjoin enforcement of an emergency order that is allegedly unlawful. The bill would prohibit a state agency from issuing an emergency order that infringes on an express constitutional right, as defined, in a nontrivial manner, and would require that an emergency order issued by the Governor that infringes on an express constitutional right expire within specified time periods. SB 264 - Gun Show Shadow Ban Forbids the sale of guns and ammunition on property owned or leased by the state government. This bill has just been approved (July 13) by the Assembly Public Safety Committee, and now goes to the Assembly Appropriations Committee. AB-1223 Gun Violence Prevention, Healing, and Recovery Act ., This bill FAILED a floor vote in the assembly on June 3. A motion to reconsider was passed, and it passed the Assembly on June 10. Since it imposes a new tax it required a two-thirds majority. It would impose a 10% tax on the sale of handguns, and an 11% tax on long guns and ammunition. It had been amended to remove the designation of funds for gun violence prevention, and then amended again to designate the proceeds go to a new “Gun Violence Prevention, Healing, and Recovery Fund“. This bill now goes to the state Senate. AB-1237 Information access: research institutions: firearms. The DROS process collects various personal information about everyone who applies to purchase a firearm. Current law also requires the DOJ to collect data relating to crimes and firearms, including, among other things, criminal history information, a database of gun violence restraining orders, and a database of firearm precursor parts purchases. This bill would generally require that the information above be made available to researchers affiliated with the California Firearm Violence Research Center at UC Davis, and to any other nonprofit research institution or public agency concerned with the study and prevention of violence, for academic and policy research purposes. The bill would additionally require the Department of Justice to establish procedures for these requests. Currently awaiting action by the Appropriations committee. AB-1478 Firearms: unsafe handguns. This bill would restore the requirement to have micro-stamping in two places on shells fired in a semi-automatic pistol. Awaiting action by the Assembly Public Safety Committee. AB 311 - Ban on Firearms "Precursor Parts" at Gun Shows Prohibits gun show vendors from dealing in unfinished receiver parts, i.e. “firearms precursor parts”. Awaiting action by the Assembly Appropriations committee. AB-876 Would require that any handgun put on the roster after July 1, 2022, have micro- stamping in two places, a loaded chamber indicator, and a magazine interlock. It would also require California law enforcement agencies to only purchase on-roster handguns, beginning July 1, 2023. Awaiting action by the Assembly Appropriations committee. AB-1509 Would significantly reduce sentencing enhancements for gun crimes. This means less punishment for criminals who use guns in commission of crime. Awaiting action by the Assembly Appropriations committee. Litigation: On Wednesday, August 4, the Mexican government sued American gun-makers and distributors in U.S. federal court for damages caused by illicit firearms. The defendants include Smith & Wesson, Barrett, Ruger, Colt and seven others. Mexico is seeking ten billion dollars in compensation for gun crime that they say the gun companies are responsible for. Lawyers for Mexico says that since they are a foreign government the Protection of Lawful Commerce in Arms Act (PLCAA) does not apply. Superior Court Judge Kenneth Medel said Wednesday that victims and families in the Poway, California, synagogue shooting have adequately alleged that Smith & Wesson, the nation’s largest gun maker, knew its AR-15-style rifle could be easily modified into a machine-gun-like or an assault weapon in violation of state law. The California judge found that Smith and Wesson can be sued and held liable for criminal misuse of their products, despite federal law. The PLCAA protects firearms manufacturers from liability of this type, however this judge decided to still hold them liable for negligence. Smith and Wesson subsequently offered a thirty million dollar settlement. The Sixth Circuit Court of Appeals has restored the ruling by a three judge panel that declared the ATF rule banning bump stocks unconstitutional. The case was to be re-heard by an En Banc panel of 11 judges. They then reversed that decision and let the decision of the three judge panel stand, and it has been appealed to the Supreme Court. In a 2-1 decision, the 4th U.S. Circuit Court of Appeals overturned a lower court ruling, stating that the Second Amendment right "vests at least at age 18." They ruled that the ban on selling handguns to 18 to 20 year old people is unconstitutional. The government is expected to request an En Banc review in this case also. Miller v Bonta , challenging the California Assault Weapons Control Act Judge Benitez has ruled the Assault Weapon Control Act unconstitutional. He has issued an order enjoining the enforcement of applicable sections of the penal code. He stayed his order for 30 days, and the Attorney General has appealed to the Ninth Circuit. This is very similar to Rupp v Becerra, and is stayed pending disposition of that case which is also before the Ninth Circuit. There is currently no change in the status of “assault weapons”. Duncan v Bonta, challenging the California ban on magazines holding more than ten rounds. The District Court and a three judge panel of the Ninth Circuit ruled that the ban on magazines holding more than ten rounds is unconstitutional. The panel's ruling was vacated and the case re-heard by an 11 judge (En Banc) panel. Oral arguments were held June 22. Additional authorities were given to the court to support the plaintiff's (our) side. These were two recent Supreme Court rulings that reversed the Ninth Circuit on topics that relate to this case. We are waiting for the ruling from the En Banc panel, which typically takes weeks or months. Nguyen v Bonta,is a lawsuit challenging California's one gun per month limitations. The limit originally applied to handguns, but expanded to include centerfire, semi-automatic rifles July 1, 2021. The suit was filed in the U.S. District Court for the Southern District of California in San Diego by the Second Amendment Foundation, the Firearms Policy Coalition, San Diego County Gun Owners PAC, North County Shooting Center, Inc. and six private citizens. Renna v Bonta, has been filed with major backing by the Firearms Policy Coalition. This suit challenges the California Handgun Roster after legislation passed requiring three semi-auto handguns to be removed for each one added and other changes. Rupp v Bonta, challenging the California Assault Weapons Control Act. Oral arguments were heard by a panel of the 9th circuit October 8 and we are still waiting for their ruling.. Rhode v Bonta, challenging Ammo Background Checks, etc. Oral Arguments were held Monday, November 9, before a panel of the Ninth Circuit Court of Appeals. The court did ask both litigants to provide a brief on constitutionality of the basic background check. The court later asked for additional briefs. Respectfully submitted, David Smith.
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