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Universal Background Checks Likely Dead in Nevada; NJ and CA Still in the News
The Nevada legislative session ended a week ago with the legislature managing to pass a bill which would require FFL-performed background checks for all purchases and transfers of firearms. Public opposition to the bill, however, has been substantial, with the Governor’s office reporting more than 1,700 calls in opposition on Wednesday alone. Since then, the…
California Bills Pass the Senate; New Jersey Legislators Continue to Push
The California Senate passed 8 new bills on May 29, 2013 including bans on all semi-automatic rifles that can accept a detachable magazine and all magazines over 10 rounds, including those that people already own. Another bill requires ammunition buyers to pay a fee, obtain a permit and pass a background check. Following the “microstamping”…
California Law Requiring “Microstamping” Goes Into Effect
California enacted a law in 2007 which deemed that any new model of semiautomatic pistol to be an “unsafe handgun” unless it included microstamping technology. By its terms, however, this law did not become effective until private patents on microstamping technology had expired. This past Friday, California authorities certified that these patents had expired so…
Constitutional Challenge Brought Against Colorado Firearm Laws
Earlier today a group of plaintiffs filed a complaint in the U.S. District Court for the District of Colorado against Governor Hickenlooper pleading that two firearm laws recently enacted in Colorado violate the United States Constitution. The plaintiffs include 54 Colorado county sheriffs, several firearm manufacturers and dealers, disabled individuals, shooting clubs and the National…
Delaware Governor Signs Background Check Law; Effective July 1, 2013
May 8, 2013: Earlier today, Governor Markel signed legislation to require background checks for private sales of firearms in Delaware. Effective July 1, 2013, persons in Delaware may not transfer firearms without conducting a background check through a licensed firearm dealer. Transfer is broadly defined but does not include loaning a firearm for up to 14 days to…
Pending Delaware Legislation
Governor Markell has proposed legislation to: 1. Require background checks for private sales of firearms 2. Require the reporting of lost and stolen firearms 3. Ban the manufacture, sale or possession of handgun magazines with a capacity of more than ten rounds and rifle or shotgun magazines with a capacity of more than five…
In our Sights: NY SAFE Act—Some Relief, But Flaws Remain
In the wake of the hastily enacted NY SAFE Act, numerous flaws and inconsistencies were identified. Recently, the Act was amended to correct several of the most significant problems contained in the Act. First, the Act was amended to correct a failure to provide basic exemptions from the Acts provisions for certain individuals such as…
Proposed Federal Legislation
The Senate has been voting on amendments to S. 649, the “Safe Communities, Safe Schools Act of 2013,” which was passed out of the Senate Judiciary Committee on a party line vote for consideration by the full Senate. All amendments needed at least 60 votes to pass based on Senate procedural rules applicable to S.…
Update on Firearm Legislative Developments
Maryland The Firearm Safety Act of 2013 has passed the Maryland legislature. Governor O’Malley has said that he will sign it into law in May. By its terms this law will not become effective until October 1, 2013. Beretta USA Corp. has said it will move out of Maryland if this legislation is signed into…
Update on NY SAFE Act Developments
Large capacity magazines. The ban on loading a magazine with more than seven rounds, unless at a qualified range or shooting competition, became effective today, April 15, 2013. Given a recent amendment to the NY SAFE Act, it continues to be legal in New York to purchase or sell a magazine with a capacity of…
Connecticut Enacts Sweeping New Laws on Firearms
Connecticut has enacted sweeping new laws on firearms, which became effective April 4, 2013 upon signature of the legislation by Governor Malloy. As noted below, several provisions of the new law were effective immediately. Large capacity magazines (“LCMs”) Applies to magazines with a capacity of more than ten rounds, excluding .22 caliber tube ammunition feeding…
Connecticut to Adopt Sweeping New Firearm Laws
Connecticut lawmakers have reached an agreement to enact sweeping new firearm-related laws which would: Require background checks on all gun sales Ban the sale of magazines with a capacity of more than ten rounds Require registration of currently-owned magazines with a capacity of more than ten rounds Expand Connecticut’s assault weapons ban to include 100…
New York Amends the NY SAFE Act
New York has amended the NY SAFE Act to: Allow sales of magazines with ten or fewer rounds. This change was prompted by Governor Cuomo’s realization that seven-round magazines were not generally available for many popular brands of firearms. The ban on loading a magazine with more than seven rounds, unless at a qualified range…
NYSRPA leads constitutional challenge to NY SAFE Act
On March 21, 2013, a group of plaintiffs led by the New York State Rifle & Pistol Association filed a complaint in the U.S. District Court in Buffalo, New York against New York Governor Andrew Cuomo and other state officials pleading that the NY SAFE Act violates their rights under the United States Constitution: Banning…
Colorado Enacts New Firearm-Related Laws
On March 21, 2013 Colorado Governor John Hickenlooper signed the following legislation into law: Ban on large capacity magazines. Effective July 1, 2013, this law will prohibit the sale, transfer or possession of magazines that can hold more than 15 rounds of ammunition or more than eight shotgun shells. Magazines that are lawfully possessed before July…
Round-up of Developments Regarding Senator Feinstein’s Proposed Assault Weapons Ban
Senator Feinstein’s proposed Assault Weapons Ban is close to dying in the Senate On March 19, 2013 Senate Majority Leader Harry Reid announced that he won’t include Senator Feinstein’s proposed Assault Weapons Ban in firearm-related legislation he plans to introduce to a full Senate vote. Reid said: “I’m not going to try to put something…
NY SAFE Act Limit on Magazine Capacity May Be Amended
Sheldon Silver, the Democratic head of New York’s Assembly, is proposing that the NY SAFE Act be amended to allow for sales of new ten round magazines, an increase from the limit of seven rounds which will apply beginning April 15, 2013. Governor Cuomo is reported to oppose this change. News reports can be found…
Round-Up of Recent Developments Regarding the NY SAFE Act
On March 13, 2013, a New York State judge denied a motion for a preliminary injunction to stop enforcement of the NY SAFE Act, rejecting the argument that the NY SAFE Act was improperly adopted in violation of a three-day legislative waiting period required by the New York State constitution. New York’s constitution has an…
New York Private Firearm Sales to Require Use of ATF Form 4473
The NY SAFE Act requires that beginning March 15, 2013 1 private sales of firearms in New York can only be made after a NICS background check overseen by a licensed firearm dealer (”FFL”). The only exception is for a sale or transfer to a spouse, domestic partner, child or step-child. The FFL is supposed…
Licensed New York Handgun Owners Can Now Opt Out of Public Disclosure of Their Names and Addresses
In December 2012, prior to adoption of the NY SAFE Act, The Journal News, a suburban New York newspaper, gained national attention by publishing an online interactive map to show the names and addresses of licensed handgun owners in Westchester and Rockland counties. The newspaper had obtained this information by submitting requests to local authorities…
Round-up of Developments Regarding the NY SAFE Act
The following summarizes noteworthy recent developments regarding the NY SAFE Act: Whether the NY SAFE Act’s bans on assault weapons and large capacity magazines are in conflict with the Heller decision will be a key question put to New York courts in the constitutional challenge being brought by a group of New York-based firearm organizations,…
New York Firearm Organizations Bring a Constitutional Challenge to the NY SAFE Act
A group of New York-based firearm organizations led the New York State Rifle & Pistol Association, with support from the National Rifle Association, has filed a notice of claim as a first step in bringing a constitutional challenge against the NY SAFE Act. The notice of claim can be found here. The firearm organizations say…
Weak Support in the Senate for Senator Feinstein’s Assault Weapons Ban of 2013
Our previous post summarized Senator Feinstein’s proposed Assault Weapons Ban of 2013, following release of the full text of the bill. In a January 27, 2013 interview on CNN’s State of the Union, Senator Feinstein conceded that getting her bill passed by the Senate – let alone the House — will be an uphill fight…
Senator Feinstein Introduces Assault Weapons Ban of 2013
Senator Feinstein has introduced her proposed Assault Weapons Ban of 2013. This proposed federal legislation is similar to what she proposed in December and includes some provisions similar to New York’s Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013. The Senator’s own summary of S.150 – “A bill to regulate assault weapons,…