A review of all the updates to gun laws and everything else that happened around guns in the third quarter of 2021 in the USA.
Key Takeaways
- FPC challenged California’s ban on assault weapons and self-manufacturing ban laws
- FPC challenged bans on handgun carry by adults under 21 in Pennsylvania, Minnesota, Illinois, Tennessee, and Georgia
- FPC challenged New York, New Jersey, and Maryland bans on handgun carry
- FPC challenged Maryland’s ban on assault weapons
A lot has transpired in the firearms industry from July to September of 2021, and it can get a bit overwhelming to keep up with all the news and updates.
To keep you informed, we have rounded up all the relevant updates around gun regulations, plus any other gun news that might interest you from the last quarter.
Gun News from the 2021 (Q3)
California
A party in California initiated a lawsuit against Smith & Wesson, claiming that their sale and marketing of the M&P 15 rifles violate state laws.
The court, though initially dismissive, gave them 20 days to prove the same, upon which they amended the complaint to claim that the marketing campaign of S&W towards youth is unfair and unlawful.
A different party argued against the ban on bump stocks.
They stated that a semi-automatic firearm equipped with a bump stock fires only one round from a single trigger function or that it requires more than "a single function of the trigger" to fire multiple rounds "automatically," and therefore it's not a machine gun.
In September, Firearms Policy Coalition (FPC) filed a lawsuit challenging a ban that prohibits individuals from home-building firearms, including the possession of gun parts.
FPC feels that, through the Second Amendment, individuals have the right to self-manufacture guns.
Chicago
In September, FPC filed a lawsuit that challenged the ban on "assault weapons" in Cook County, Illinois.
They wish to make the ordinance unconstitutional and seek to stop the state from enforcing the ban.
Hawaii
The state filed an opposition to a petition that challenged Hawaii's restrictions on the open carrying of small, concealable firearms in public as unconstitutional.
The state requested for the Supreme Court to decline the hearing of the case.
Hawaii gun laws don't permit convicted people from acquiring a gun license.
In August, a party filed a lawsuit in Honolulu claiming that their disorderly conduct wasn't a "crime of violence," and it shouldn't disqualify them from getting a gun license.
A federal judge struck down two provisions in the gun laws: The first one requiring individuals to purchase a handgun within ten days of acquiring a permit and another that had them bring that firearm to the police station for an in-person inspection within five days.
Massachusetts
In August, the Mexican government sued various firearms companies in Massachusetts state court, claiming that they market, distribute, sell, and design guns to enable easy modifications for automatic firing.
They claim these weapons arm the criminal market in Mexico by allowing easy access to automatic firearms.
Michigan
In July, Howell Township filed a brief that argued their dispute with a gun shop over the ban on the construction of long gun shooting ranges is a zoning dispute.
The refusal doesn't violate the second amendment since the amendment doesn't include a right to construct a commercial shooting range anywhere.
Nevada
In July, a federal judge dismissed a lawsuit that tried to block a state law that banned "ghost guns" or untraceable firearms.
The judge rejected the arguments that the ban violates the Second Amendment rights of the citizens.
Precursor parts or even a self-manufactured gun from California with a valid serial number, obtained after completing a background check in California, stand as illegal firearms in Nevada.
New Jersey
On July 15, New Jersey filed a brief in response to a petition challenging the state's carry laws.
The state asked the court to dismiss or wait until the decision in the NYSRPA v. Bruen case from New York, which deals with the same issue.
In August, Smith & Wesson sued New Jersey after the state asked the company to turn over documents related to its advertising work.
Plus, FPC filed a lawsuit to challenge the state practices that prevented residents from carrying loaded handguns in public.
New York
The Center for Human Liberty submitted a brief to the Supreme Court regarding the right to carry firearms outside.
They cited empirical statistical studies to show that open carry wouldn't cause a severe increase in crime rates and used historical data to reinforce their points.
They even brought up how the English rights at the American Founding included the right to carry weapons outside.
The Coalition of New Jersey Firearms Owners also extended their support.
On July 21, The Madison Society Foundation (MSF) filed a brief hoping to change the interpretation around the right to bear firearms.
Oregon
In July, a judge sided against a gun control group and dismissed a challenge to a Second Amendment sanctuary ordinance.
The judge stated that there was no "justiciable controversy" present for the court to take a legal decision, and judicial examination would require some "credible" controversy.
Pennsylvania
In July, a lawsuit challenged Philadelphia's 2008 law that requires gun owners to report a lost or stolen firearm within 24 hours from the moment they noticed it missing.
The applicant argued that Philadelphia's regulation violates Pennsylvania's firearm preemption law.
Texas
A party appealed a district court judge's decision to move their lawsuit against a law banning 3D-printed guns from Texas to New Jersey.
They stated that the New Jersey Attorney General hopes to create more delay and establish a home-court advantage to extend his censorship position and policies.
Industry's largest suppressor distributor, Silencer Shop, joined the FPC Constitution Alliance family as a benefactor member.
They intend to support FPC's legal action, advocacy programs, and other initiatives to promote the right to keep and bear arms.
Vermont
Bureau of Alcohol, Tobacco, Firearms (ATF), which had long held unfinished or 80% receivers as not being firearms, attempted to redefine the same, which led to a lawsuit from gun control groups.
According to them, ATF shows a varying stance around the definition of firearms.
Washington
In August, FPC opposed ATFs proposed Rule 2021R-05 regarding the definition of "frame or receiver" and identification of firearms.
They stated that the ATF had no authority to request the serialization of privately made firearms.
West Virginia
In July, a three-judge panel ruled that a police officer had reasonable grounds to suspect someone openly carrying an AR-15 outside a school and that this suspicion did not violate the carrier's second amendment rights in any way.
Wisconsin
In July, two public school students argued that their school's decision to ban clothing bearing firearms was unfair.
It should only continue if the garments were indecent, vulgar, promoted illegal drug use, or were likely to cause a drop in test scores.
2021 Gun Safety Victories Overview
In 2021, 27 states and Washington DC passed 75 strong bills, bringing the total number of significant laws passed since the massacre in Parkland in 2018 to 255.
States have passed more than 465 laws since the Sandy Hook shooting in 2012.
Background Checks
Four states improved background checks in the following ways: prohibiting gun transfers until a background check clears (Colorado HB 1298), verifying gun purchase permits remain valid (Illinois HB 562), requiring background checks on long gun purchases (Maryland HB 4/SB 208), and extending the time the state police has to conduct a background check from three to five business days (Virginia HB 2128).
Child Access Prevention/Safe Storage
Four states made it harder for minors and/or other unauthorized users to access firearms stored in the home: Colorado (HB 1106), Hawaii (HB 31), Maine (HB 564), and Oregon (SB 554).
Community Violence Intervention (CVI) Programing
The following 12 states and the District of Columbia committed significant funding for local community violence intervention and prevention programing or created offices dedicated to violence prevention: California (AB 128), Colorado (HB 1299), Connecticut (HB 5677), Illinois (HB 2791, SB 2017, and SB 2800), Maryland (HB 588/SB 708), Massachusetts (HB 4002), Minnesota (via executive action), New Jersey (SB 2022), New York (AB 3006, SB 2503), Pennsylvania (HB 1348, SB 255), Virginia (HB 7001c), and Wisconsin (via executive action).
Concealed Carry Licensing
Illinois passed a law that requires state police to continuously monitor relevant state and federal databases to ensure license holders have not become prohibited (HB 562). Louisiana required concealed carry applicants to demonstrate shooting proficiency and safe handling of a handgun (HB 48).
Domestic Violence
The following four states and the District of Columbia (B 181) enacted laws that make it more difficult for people who commit domestic abuse to access firearms or easier for people who survive domestic abuse to obtain firearm-prohibiting protective orders: California (AB 1057/SB 538), Colorado (HB 1255), Virginia (HB 1992), and Washington (HB 1320).
Extreme Risk Protection Orders
Three states strengthened their laws allowing law enforcement and, in some states, family and household members, to petition a court to temporarily remove guns from a person who poses a substantial risk of violence: California (AB 1057/SB 538), Connecticut (HB 6355), and Nevada (SB 6).
Firearm Prohibitions
The following five states prohibited additional categories of people who are at high risk of committing violence with guns from being able to purchase or possess firearms: Arkansas (HB 1741), Colorado (HB 1298), Delaware (HB 124), Montana (HB 333), and New York (SB 5000).
Ghost Guns
Four states passed legislation to regulate the possession or sale of unfinished firearm frames and receivers and/or unserialized firearms: Delaware (HB 125), Hawaii (HB 1366), Nevada (AB 286), and New York (SB 13 and 14).
Gun Dealer Regulations
Colorado (HB 1106) and Oregon (SB 554) required gun dealers to provide locking devices with firearms, joining 12 states that have this requirement for some or all firearms.
Guns in K-12 Schools
Rhode Island (HB 5555/SB 73) prohibited people with concealed carry permits from bringing loaded firearms onto K-12 school campuses.
Liability Law
New York passed a first-of-its-kind law (SB 7196) that allows people to sue gun dealers and manufacturers when they engage in misconduct or fail to act responsibly, in spite of a federal law that provides gun dealers and manufacturers with unprecedented immunity from consumer lawsuits.
Lost/Stolen Firearms
The following two states passed laws requiring gun owners to report the loss or theft of a firearm to local law enforcement: Colorado (SB 78) and Oregon (SB 554).
