Weekly Wrap: Legislators Look to Block Emergency Gun Orders & Supreme Court to Review NY Gun Law
Legislators look to prevent gun control in public health crises, high court to review NY gun law on ammo purchases, and Congress protects youth hunting.
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Welcome to a weekly series here on Pew Pew Tactical dedicated to the gun news you need to know.
So, keep reading for this week’s notable news headlines…
Table of Contents
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Congress Looks to Block Emergency Gun Orders
Lawmakers are looking to protect gun owners from emergency orders that would suspend Second Amendment rights during public health crises.
The Protecting the Right to Keep and Bear Arms Act, S.2911, was introduced last week by U.S. Sen. Mike Braun (R-IN) to the Senate. S.2911 looks to prevent the President and Secretary of Health and Human Services from declaring emergencies to enact any kind of gun control.
The bill resulted from an attempt by New Mexico Gov. Lujan Grisham to squash lawful concealed and open carry in metro areas of the state. Grisham aimed to use a “public health crisis” as the basis for the prohibition, but a federal judge quickly placed the law on hold.
Braun said New Mexico was the latest attempt to override gun rights, and it’s time Congress steps in to protect gun owners.
“Many said that public health emergencies would not be abused to impose gun control, but after we saw the vast expansion of executive power during COVID and the New Mexico Governor use a public health emergency to effectively suspend the 2nd Amendment in her state, no one can doubt that this needs to be addressed," Braun explained.
"We need to set into law that no one can remove the right to defend ourselves and our families with the stroke of a pen."
The bill has been referred to the Committee on Homeland Security and Governmental Affairs.
Supreme Court to Review New York State Gun Law
The highest court in the U.S. is set to hold an emergency conference to examine New York’s requirement for background checks on all gun and ammo purchases.
Justice Clarence Thomas granted the emergency conference after gun store owners sued NY Gov. Hochul over the new system.
At the center of the challenge is the Concealed Carry Improvement Act passed earlier this year -- specifically, a provision that requires background checks be completed by state police for ammo and gun purchases.
Under federal law, firearms purchases are required to undergo background checks through the National Instant Criminal background check managed by the Federal Bureau of Investigation, but the CCI places an additional background requirement on ammo and requires gun and ammo purchases be routed through state police.
Gov. Hochul argued that the new provisions will help improve safety in the state.
The law went into effect mid-September but has already caused a litany of issues for gun store owners, with some estimating that more than 75% of customer background checks have been delayed. In one case, a store owner said he watched a customer wait almost an entire week for approval.
Pro-2A groups pointed to the extra steps, saying this kind of thing doesn’t prevent gun violence and only harms law-abiding gun owners.
“The gun dealers have to contact the state police, and the state police then contact NICS in order to get a background check. Anytime you put more steps in a complex procedure it always gets messed up,” Tom King, President of the New York State Rifle and Pistol Association, told News10.
“The only people that are being affected are the lawful gun owners and if you ask the FBI, ask the state police, we are not the problem. The percentage of lawful gun owners that are involved in violent crimes is minuscule.”
The emergency conference to debate the lawfulness of the additional background check is set for Oct. 6.
School Hunting & Archery Program Funding Safe
With worries mounting that federal funding for school-based hunting safety and archery programs would be cut, lawmakers moved to approve a bill safeguarding those programs.
H.R.5110, also known as the Protecting Hunting Heritage and Education Act, saw a bipartisan show of support as 424 lawmakers voted in favor of the proposal.
The bill targets the Elementary and Secondary Education Act by specifying that any prohibition on using federal funds for weapons cannot apply to training in archery, hunting, or other shooting sports.
U.S. Rep. Mark Green (R-TN) proposed the amendment in September in response to the Department of Education’s attempt to reduce funding for those school programs. Green said he’s pleased that the measure received love from both sides of the aisle.
"I’m grateful for the overwhelming bipartisan support this bill garnered in the House, the Senate, and across the country," Green said in a statement. "Both sides of the aisle agree that shooting sports and archery programs in schools contribute to the well-being and development of students.”
He added, “The tremendous benefit of sports and extracurricular activities, especially those that get kids outside, cannot be overstated."
The National Shooting Sports Foundation, an organization representing the gun industry, said the passage was a huge win for youth education.
“This is a tremendous victory for true and proven firearm safety, as well as a reminder of how Congress can unite to protect the American public from special-interest-driven agendas,” Lawrence G. Keane, NSSF Senior Vice President, and General Counsel, said in a statement.
The bill now awaits President Joe Biden’s approval. The White House has not publicly shared whether the president intends to veto or sign the measure.