Here Comes The Flood Of New Gun Legislation

[dc dalton]

Here Comes The Flood Of New Gun Legislation - Updated Post #7

This time of the year is insane for us, the laws roll in almost as fast as we can check them and it normally doesn't get better until some time in February.

There's no way I can list all the laws in their own thread and to be honest it would be pretty rude to try and do it so I will hit the 'highlights' of what has come in some far this year.

I wont link to them all either as that would be rude too you can find all of these under the Proposed State Legislation menu item on the site by clicking on the appropriate state name. BTW, we are also testing out a new 'thumbs up or down' rating system on the site.

These are not in any order BTW, sorry!

Virginia:

HB535 would require background checks at gun shows by any vendor.

SB279 would provide an exception for concealed handgun permits for 'qualifying retired member of the enforcement division of the Department of Motor Vehicles'

SB287 would make it a class 6 felony to transfer a firearm to a person that is prohibited if the seller does not peform a background check.

HB448 creates a means of reporting to the state police when a felon's firearm rights are restored.

SB520 would make it a class 2 felony for anyone that 'is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer.'

HB878 requires LEO to certify NFA applications within 15 days provided the applying person is not prohibited.

Oklahoma: SB1264, SB1266, HB2351

Take the time to read HB2351 - they should call this bill the 'taking stupidity out of schools' bill

Missouri bill SB656 removes the language that requires firing a revolver and semiautomatic pistol for live fire requirements for a concealed carry license. The AND would be replaced by either.

Florida

H0523 allows tax collectors to issue concealed permits, while H0525 makes ALL concealed weapons application information confidential.

Indiana

SB0045 would add a mandatory 8 hours of training for anyone applying for a license to carry after December 31, 2014

SB0169 sets penalties for anyone 'to provide an individual with a firearm if the person knows or has reason to believe that the individual: (1) is legally barred from possessing a firearm due to the commission of a crime; or (2) intends to use the firearm to commit a crime.'

HB1018 sets up preemption laws for firearms carried on state property.

HB1017 would provide immunity from civil liability for damages 'if the other person's use of force was a valid exercise of the other person's right to self-defense.'

Colorado

HB1041 appears to allow anyone over 21 to carry a concealed weapon without a permit as long as they follow the same guidelines and restrictions a permit holder would and they are not prohibited.

SB038 would eliminate the governor's ability to 'restrict the distribution of firearms during a state of emergency.

New Mexico

HB44 has been introduced, requiring background checks on all firearms sold at gun shows except 'relics' (C&R firearms)

Missouri

SB491,SB613, HB1164, SB548, HB1129, SB556.

Most notable (bad) is SB556 which requires reporting of lost or stolen firearms ... the language in 319.515 'owner should have been aware' is dangerous at best.

On the positive side HB1164 would drop the minimum age for a carry permit from 21 to 19

SB549 attempts to set up rules for 'failing to stop illegal possession'

SB565 is the old 'lost and stolen' and again contains language such as 'should have know' in relation to a lost or stolen firearm.


Mississippi

HB64 would allow school districts to appoint certain employees authorization to carry concealed weapons on campus.

HB139 would prohibit cities and municipalities from running gun buy back programs.

West Virginia

SB199 outlines the right of private property owners to prohibit carrying of firearms on their property.

SB298 clarifies the distinction between hunters and shooters in the field. It would allow shooters who are in possession of a firearm in or near the woods to not have to possess a valid hunting license.

SB80 changes the laws about carrying a weapon on the capitol complex.

There are of course more but those are the highlights. At this point we are pulling close to 100 new gun law bills a day so make sure to check back often.

 

[The_Next_Generation]

Washington State

I-591: Bill would forbid seizure of firearms "without due process" during state of emergency. It would also require that the state follows national standards with reard to background checks. Essentially a one-page counter-bill to the 15 pages of the I-594.

I-594: Bill would require background checks for all transfers and require that they be completed by an FFL. I beleive there are some storage regs thrown in too, see the thread about it for more details...oh, and Bill Gates just tossed in $25k :banghead: :banghead:

 

[torqem]

How can MO lower the age for a pistol to 19?

By Federal law it's age 21 to buy one. This is an implicity "ok" for private sales, I'd say? Doesn't seem likely to be passed.

 

[joeschmoe]

This time of the year is insane for us, the laws roll in almost as fast as we can check them ...

These aren't "laws" yet. They are bills or initiatives. Basically just proposals.

 

[MagnumDweeb]

Some good, some bad. Love how UBC is basically being tried at the state level. It's interesting how these laws require a background check, is there a stated degree/type of background check necessary. Could I just use any program off the internet promising a background check?

 

[tyeo098]

These are mostly bad bills.

Where the CHP=no NICS in VA?
Const. Carry in VA?

I'm from VA

 

[Sentryau2]

Really it looks like they would learn

These people dont seem to understand that we are DONE letting our rights be stripped away by know nothings who cannot seem to grasp the simple meaning of the 2nd Amendment

 

[dc dalton]

New Friday January 10

New York

S06268: Not like we didn't know this but NY has officially lost their mind with the introduction of this bill, coded ammunition and a database to track it.

Indiana

SB0229 would prohibit local governments from holding gun buyback programs and would stop firearms bought in any such way from being destroyed unless the serial number is missing.

Virginia

HB827 sets up new language on permit holders and temporary firearms restrictions.

HB8812 requires all firearm transfers to go through a background check.

HB992 adds section 1 (E) to §15.2-915:

'Nothing in this section shall prohibit a locality from adopting an ordinance that prohibits firearms, ammunition, or components, or a combination thereof, in libraries owned or operated by the locality.'

HB823 would require state police to be at every gun show set up to do background checks but conflicts with HB812 (see below) in that background checks would be voluntary.

HB1015 adds language to §18.2-119 specifying that 'no firearms allowed' signs must be 'where they may reasonably be seen at all entrances to the building or to the part of the building to which the restriction applies, (ii) state the nature of the prohibition in conspicuous type, and (iii) have dimensions of at least five inches by seven inches.'

HB809 would outlaw the sale or transfer of any magazine capable of holding more than 20 rounds.

HB786 adds language to §22.1-307 regarding the dismissal of teachers or school officials, adding section b that states they may not be dismissed solely on the grounds they had an unloaded firearm or knife in their vehicle.

Oklahoma

SB1240 changes the language of 21 O.S. 2011, Sections 1902, 1903 and 1904 to allow those legal to carry a handgun to carry on public transportation.

 

[dc dalton]

And the bills keep rolling in:

No text yet but US SB1908 looks like another attempt at national reciprocity ... what is odd is it coming from the senate and not the house.

Proposed Mississippi SB2030 requires all ammunition sold within the state to 'bear a unique identifying mark' - UGH

Mississippi SB2100 would make honorably discharged vets exempt from training for a concealed carry permit.

West Virginia HB2911 would make all records pertaining to 'the issuance, renewal, expiration, suspension or revocation of a license to carry a concealed weapon' exempt from the freedom of information act.

West Virginia SB317 strikes language from current law that prohibits county commissioners from limiting 'the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun or any ammunition or ammunition components'

In other words gutting preemption.

Oklahoma SB1344 would add in language to 21 O.S. 2011, Section 1289.6 making it illegal for police to disarm and restrain anyone carrying on property they own, rent, lease or legally control.

 

[dc dalton]

Some more new ones today:

Virginia HB118 would exempt gun buyers from a background check if they possess a valid carry permit and one other form of photo identification.

Nebraska LB857 adds language to existing concealed carry application law that state spouses of active duty military will be considered residents.

Florida H0577 creates more 'gun free zones' by adding in 'hospital, mental health facility, or nursing home'

Mississippi HB179 adds in language that removes immunity from their existing castle doctrine for anyone that kills an aggressor outside of their home and also adds in language requiring drug and alcohol testing for anyone that falls under the existing exemption.

Oklahoma SB1408 would add a new section to Section 199.1 of Title 60 stating that NFA gun trusts are valid in the state

Remember the link to the main state legislation page is in post 1

 

[dc dalton]

Bills coming in like rockets today!

Nebraska LB879 makes changes to concealed carry laws and sets up a level II permit that allows a person to carry a concealed weapon in a school. The level II permit requires much more background information and a letter from the governing body of the school

Virginia HB1142 'Clarifies' existing law that all instructors for concealed permit classes must be run by NRA certified or Department of Criminal Justice Services instructors

Virginia HB1145 add language to existing law laying out restoration of firearm rights.

Arizona SB1063 adds an exemption to existing law for 'misconduct involving weapons' for anyone that legally posseses a firearm and enters a public establishment or event when the establishment is not in full compliance of section 13-3102.01 (storage of weapons)

Oklahoma SB1442 adds district attorneys and former district attroneys to their 'special class of people' that can carry anywhere in the state after training

Oklahoma HB2149 also adds legislators to their 'special class of people' that can carry in the state capitol

Oklahoma SB1466 would give immunity from liability to any college or university that provides written consent to any concealed carry holder to carry on school property

Oklahoma SB1473 appears to attempt to clarify exiting laws on open carry (see new underlined section)

Oklahoma HB2461 would add to existing law specifying that LE must process NFA paperwork within 30 days

Tennessee HB1400 would extend handgun permits from 4 to 5 years, it would also allow sheriffs to 'stagger' 2016 licenses so that they expire on the holder's birthday and the same time their drivers license expires.

Tennessee SB1496 would change existing law to allow licensed permit holders to carry in any state, county or municipal park or other recreation area

Tennessee HB1480 provides an exception for carrying a firearm if the person is not otherwise prohibited and the motor vehicle is privately owned

Tennessee SB1607 would also attempt to nullify federal gun laws

Tennessee SB1612 would set up preemption within the state

Tennessee HB1389 would make it so anyone purchasing more than one firearm from the same dealer and the same time and location would only require one background check

Maryland SB164 adds language to current law preventing anyone convicted of using a handgun in a crime from reduced jail time and early release

Missouri HB1399 has no text yet but the summary states 'Imposes a sales tax upon every retail sale of any handgun or ammunition, at the rate of one cent per transaction, for providing funds for mental health services'

Hawaii HB1538 provides an amnesty for anyone owning an unregistered firearm and to reclaim their firearms once they are properly registered.

Georgia HB732 would attempt to nullify certain federal gun laws

Maine LD1728 would prohibit possession of any replica or simulated firearm on or near school property

Minnesota HF2007 would recognize North Dakota permits

New York S06317 increases the distance for discharge of a firearm or long bow to 1,000 feet (note how it is missing compound bow)

Iowa SF2014 would decrease the minimum age to possess a firearm, under the care of an adult, from 14 to 12

 

[Armymutt]

Maybe the changes in the Indiana law will get our permit accepted in more states.

 

[dc dalton]

Here's the new bills in today, as posted before you can get to them from the main proposed state legislation page by clicking on the state you are interested in here: http://amgoa.org/Proposed-State-Gun-Legislation

The new 2014-2105 New Jersey legislative session has begun and the anti-gun bills are just flying in:

Oklahoma:

HB2617 changes existing law on where a concealed weapon can be carried

HB2692 extends the grace period for renewing a license to carry from 30 days to 90 days

HB2691 would give immunity from civil litigation to ranges, gun clubs and private property owners for legal activities, except for acts of gross negligence or willful or wanton misconduct

HB2657 would change laws pertaining to firearms carried on public transportation, allowing those with a carry permit to travel on them

Virginia:

HB100 would remove any concealed carry permit holders private information for any permits issued prior to July 1, 2008 from the existing law that states such information shall not be publicly disclosed

HB61 would make it illegal for a licensed dealer to sell any firearm to someone who is not a resident of the state

HB102 - strange bill! States 'With the exception of any person who lawfully possesses a handgun, no person shall possess any weapon set forth in subsection A of §18.2-308 while in the Capitol of Virginia or in any other building owned by the Commonwealth and used predominantly for the conduct of the business of the General Assembly'

West Virginia:

HB4166 would add municipal judges to those exempt from 'from fees for application and license to carry concealed weapons'

Arizona:

HB2103 would add in anyone 19 or older and provides evidence of active military service to the list of those eligible for a concealed weapons license

Indiana:

HB1288 - no text yet but the summary states 'Provides that an individual may request that the bureau of motor vehicles (bureau) place a notation on the individual's driver's license or identification card that indicates that the individual possesses a lifetime handgun license.'

Colorado:

SB090 would add in 'step relative' to the list of those exempted from a background check when transferring a firearm

SB094 would strike most the background check language passed in 2013

Louisiana:

HB13 would make it a crime for any licensed firearm dealer to sell a firearm to anyone without first verifying they have passed an approved firearm safety course.

HB20 would remove the restriction for carrying in an establishment that serves alcohol for those who possess a valid conealed carry permit.

Tennessee:

SB1725 would exempt honorably discharged and retired vets from training requirements for a handgun permit.

SB1704 would add in language to existing law about expunging records and other items if the person was found to be justified in using their weapon

HB1506 would allow an employee that was fired for having a firearm or ammunition in a privately owned vehicle the ability to sue the employer in civil court

Hawaii:

SB2158 would remove liability for injury and death from anyone using justifiable force against someone perpetrating a felony crime

Iowa:

HSB513 would add to the list of exemptions anyone serving in active duty from the annual firearms 'permit to acquire'

Missouri:

HB1446 - no text yet but the title states: 'Requires that all sales or transfers of firearms be processed through a licensed firearms dealer'

 

[dc dalton]

New from Oklahoma today and mostly good

HB2957 would remove the fee for fingerprints when applying for a permit

HB2889 would allow residents to submit their application for a permit to any sheriff within the state

HB2886 would add language allowing firearms in parking lots of schools and colleges as long as they are locked in the vehicle (and hidden from view

HB2887 would prevent any college from denying consent to carry a firearm from a licensed person unless that person has shown violent behavior or mental problems

HB2958 is VERY interesting, it remove the line 'any conviction relating to illegal drug use or possession; or' from the current law for prohibiting someone from a handgun license

SB1753 would remove language from existing law that allows permit holders to carry 'if driven onto school property only to transport a student to and from school '

SB1752 would add language that would allow the restoration of firearms rights to those convicted of a non-violent felony and has been pardoned and has not been convicted of another felony OR if the person was convicted of a felony and it has been 20 years since the conviction and no other felonies have been committed

HJR1085 is a joint resolution to 'clarifying manner in which citizens may keep and bear arms'

HB2888 would give active duty military and their family the same rights at citizens for carry permits

HB2805 would create the 'Oklahoma Firearms Sales and Manufacturing Initiative'

New from Tennessee today

SB1774 would remove old language about carrying in a motor vehicle and adding in new language that states the person is not prohibited and the motor vehicle is privately owned

SB1756 would reserve all rights pertaining to firearms to the state rather than federal or local governments

HB1667 is the sister bill for SB1774

South Carolina H4503 has no text at this time but the summary doesn't look good 'Require A National Instant Criminal Background Check Before Any Sale, Exchange, Or Transfer Of A Firearm In The State'

Mississippi HB314 clarifies law pertaining to the governor's declaration of martial law stating he may not confiscate firearms or ammunition

Vermont H0621 would remove the prohibition on making, possessing and selling silencers but would also make them illegal to hunt with

West Virginia HB4200 makes changes to the laws governing carrying weapons in state or municipal building

Hawaii SB2168 is HUGE for this state where getting a license to carry concealed is now almost impossible, this bill looks to make the state a shall issue state

Hawaii SB2247 sets up means for a person that is prohibited because of involuntary commitment to to petition the court to be removed from that list

New today from Missouri

HB1474 would allow schools to designate one or more teachers or administrators that may carry a concealed weapon

HJR61 has no text yet but the title looks promising 'Proposes a constitutional amendment on the right to bear arms and to possess and purchase ammunition and parts for such arms'

New from Arizona today

HB2346 would make it illegal to sell or transfer an 'assault weapon' without a background check by a licensed dealer

HB2412 would set up training and allow a 'school safety officer' to carry on school property

HB2209 would change current language about the use of deadly force

HB2186 would allow faculty of a community college to possess a concealed weapon on campus

 

[Ryanxia]

Thanks for keeping us updated. We need to be ever vigilant. In a world where information is transferred instantly via internet there's no reason we should allow any anti-freedom Bill to be put through without our voiced opposition.

 

[dc dalton]

New today from Colorado

HB1157 would allow charter schools to select a person in each school to carry a concealed firearm

HB1151 would repeal the magazine ban passed last term

Virginia HB1266 would add trusts to existing law for machine guns

Maryland HB214 would a 'Castle Doctrine' for use of deadly force inside the home

New today from Illinois

HB4233 deletes language from concealed carry laws that prohibit carrying on public transportation

HB4234 deletes language from concealed carry law that prohibits carrying in any building that has been issued a special event retailers license (liquor)

Hawaii HB1802 would prohibit the manufacture of any firearm or firearm part by digital printing

New today from Oklahoma

SB2101 would add a new section to firearm law regarding transfer of firearm, including at gun shows

SJR67 would direct the secretary of state to add a ballot item to reword the state constitution in regards to the right to bear arms

SB2109 - would limit 'bulk purchases of any type of firearm by any person or entity' to one a month

New New Jersey gun bills out today: A2028, A672, A113, A995, A253, A1800, A677, A843, A1880, A2169, A2172, A104, A328, A1427, A2006, A546, A671, A998, A837, A675, A989, A1261, A379, A1803, A1571, A851, A823, A674, ACR92, A2062, A1230, A2066, A673, A1659, A2146, A1579

Everything from microstamping to requiring your entire family to be screened for mental health problems, reducing maximum mag capacity (one to 10 another to 5), ridiculous additions to their 'assault weapon ban', requiring guns stored at home to be unloaded and locked.

http://amgoa.org/Proposed-New-Jersey-Gun-Laws

 

[Trent]

Thanks for the update dc.

 

[OldMac]

NJ seems nuts to have so many bills on top of their already crazy infringements. You would think that a certain governor with potus aspirations would freeze that silliness with a commitment to veto all of the anti bills just to prove he is not just a Democrat, stuffed in a turkey, wrapped in several pizzas, deep fried, and sprinkled with sugar just to look like a republican that is not opposed to the 2nd ammendment. At least Tennessee has all positive bills introduced.

 

[pwhfirefighter]

Mississippi Governor response to anti-2A bills:

Gov. Phil Bryant Comments on Proposed Anti-Gun Legislation

JACKSON—“Any bills that attempt to track ammunition, seize weapons or otherwise infringe upon the right of Mississippians to keep and bear arms are a frontal assault on the Second Amendment. I will not stand by and allow gun owner rights to be trampled in this state, and I will immediately veto such bills if they reach my desk.”

http://www.governorbryant.com/gov-phil-bryant-comments-on-proposed-anti-gun-legislation/

And lots of reps saying the anti-2A bills probably won't leave committees. Not a 100% guarantee but makes me feel a little better about it.

Thanks OP for the post.

 

[LeonCarr]

I hope everybody keeps in mind that that the ludicrous anti-constitutional gun laws in New Jersey, and the proposed gun control bills, are being allowed to exist by an alleged Conservative Republican Governor who wants to run for President Of The United States.

Just my .02,
LeonCarr

 

[Strahley]

Kansas

Now for the unveiling. This is just a summary of what will be in the bill that I initiated on behalf of KSRA and that Representative Jim Howell has sponsored for us. Jim and I both have worked tirelessly for weeks and weeks to make this bill as clean and comprehensive as possible. We will probably have a bill number on Tuesday as Jim introduced it in committee today.

1. Prohibits any city or county from expending funds derived from the proceeds of implementing, administering or operating a firearms buyback program.

2. Preempts any and all local control of firearms and ammunition. No city or county or agent of such will be able to adopt any ordinance, resolution or regulation or take any administrative action governing the purchase, transfer, ownership, storage, carrying on one’s person or transporting firearms or ammunition or any component or combination thereof.

3. No city or county or agent of such will be able to adopt any ordinance, resolution or regulation relating to the sale of a firearm by an individual who holds a federal firearms license that is more restrictive than any ordinance or regulation relating to the sale of any other commercial good.

4. Clarifies that no municipality can enact any ordinance, resolution, regulation or tax relating to the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration or use of a knife or knife making components. Nullifies all existing past ordinances and prohibits future ones.

5. Prohibits the destruction of seized firearms once they are no longer needed as evidence. They may be traded with other departments and KBI, sold or traded to licensed firearms dealers, used for testing or comparison by the forensics laboratory or given to the Kansas Department of Wildlife Parks and Tourism for use in Hunter Education programs. Payments for transfers will be credited to the asset seizure and forfeiture fund of the seizing agency.

6. If a weapon is seized from an individual and they are not convicted or adjudicated as a juvenile it shall be verified it is not stolen and upon verification returned to the individual from whom it was seized within 30 days.

7. Contains some cleanup language from the Public Building Security Act, Senate Sub for HB 2052, passed in 2013. (Page 11 & 13). Better defines “Municipal Buildings” and clarifies that does not include buildings leased to a private entity.

8. Cleans up the Knife Act from 2013 providing intended prohibition of enforcement of local ordinances passed prior to July 1, 2013 and addresses possession of knives by convicted felons.

9. Cleans up language/terminology usage which created a conflict according to an Attorney General Opinion issued in January 2014.

10. Prohibits municipalities from requiring disclosure or making a record of concealed carry permits. If a need is felt due to certain circumstances, the police are to be called to handle it.

Seeing how pro law-abiding citizen Kansas is, I'm sure we'll see these pass

 

[Trent]

Strahley - are you a representative in Kansas? Lobbyist? Other?

Nice list, BTW.

 

[Strahley]

Nope, just a good citizen passing on the findings from my local CCL board

 

[hueytaxi]

"As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow-citizens, the people are confirmed by the next article in their right to keep and bear their private arms."
— Tench Coxe (1755–1824), writing as "A Pennsylvanian," in "Remarks On The First Part Of The Amendments To The Federal Constitution," in the Philadelphia Federal Gazette, June 18, 1789, p. 2 col. 1

 

[dc dalton]

New today

Washington HB2529 would make firearms and ammunition tax exempt

Mississippi

HB467 would prohibit enforcement of any federal law by any public servant or dealer for anything that is manufactured and remains within the borders of the state

HB507 would add an exemption to current law for anyone 'engaged in a firearms-related business' to carry a concealed weapon in the course and scope of their business

HB363 would make it a felony to discharge a weapon near any business or property that contains flammable or explosive petroleum products and such discharge is likely to cause ignition

West Virginia HB 4229 would prevent the enforcement of 'All future federal, state and local statutes, ordinances, laws, orders and rules concerning firearms'