January 2022 Legislation/Litigation Update

January 2022 Legislation/Litigation Update

Focus for January: California Assembly Bill 1594

AB-1594 is the beginning of the plan rolled out by Governor Newsom to allow third parties to sue members of the gun industry and make lawsuits against them generally easier to file. This appears to be an avenue to circumvent the “Protection of Lawful Commerce in Arms Act” (PLCAA).

More legislation is expected to be introduced to take this further. Updates to follow.

The Bureau of Alcohol, Firearms, Tobacco, and Explosives (ATF) has proposed a regulation that would require gun retailers to carry storage or safety devices for any gun they offer for sale. This could be safes, trigger locks, etc. This is another ATF proposed rulemaking that is not based on any change in legislation. This could increase costs for FFLs, and open the potential for more regulatory action. The notice also includes an ATF proposal to include modern muzzle loading black powder firearms in the definition for “antique and replica” firearms.

Litigation

The Ninth Circuit Court of Appeals En Banc panel has overturned the district court ruling that found the California “Large Capacity Magazine” ban unconstitutional. The lawsuit, know currently as “Duncan v Bonta”, challenged the ban of possession of large capacity magazines that was approved by California voters in Prop 63. The ruling issued November 30, 2021, overturns the ruling of the U.S. District Court of Southern California that was issued by Judge Roger Benitez. Judge Benitez’ ruling was stayed after a period known as “Freedom Week”. Estimates run up to a million large capacity magazines being purchased during that week, which will remain illegal due to this ruling by the 9th Circuit.

Enforcement of the ban was stayed since it is expected the case will be appealed to the U.S. Supreme Court. This is a temporary stay for 150 days but will be extended if a petition is filed with the Supreme Court.

Other cases, including Rupp v Bonta, challenging the California Assault Weapons ban was pended to Duncan v Bonta, but the three judge panel of the Ninth Circuit that heard that case has indicated it will be pended to the Supreme Court case, New York State Rifle and Pistol Association v. Bruen.

Renna v Bonta on the California handgun roster will be considered for certiorari by the Supreme Court for the first time this Friday, 1/14. Four justices are needed for the court to hear a case.

Bianchi v Frosh has been appealed to the Supreme Court and will also be considered. This suit challenges the Maryland ban on “assault weapons”.

Doe v Bonta is a new lawsuit filed by the NRA to block the release of gun owner’s personal information to UC Davis and other, unspecified, “research organizations”.

 

Respectfully submitted,

David Smith

Leave a reply

Your email address will not be published.