As summer heats up entering the month of July, so have legislative actions across the country. In June, states from coast to coast passed or signed into law new gun control bills with significant impact on firearm owners and FFLs.

Below, we summarize recent gun control from California, Delaware, New Jersey and Rhode Island.

State Legislation

California

CA AB1594 – Titled “Firearm Industry Responsibility Act;” would establish a firearm industry standard of conduct and allow civil action against a firearm industry member for violation of the standard of conduct

• Would require firearm industry members to:
  • Establish, implement and enforce reasonable controls
  • Take reasonable precautions to ensure a member does not sell, distribute, or provide a firearm-related product to another member who fails to establish, implement, and enforce reasonable controls
  • Adhere to specified laws pertaining to unfair methods of competition, unfair or deceptive acts or practices, and false advertising
• Would prohibit manufacturing, marketing, importing, or offering for sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety
• Would hold firearms industry members liable for criminal misuse of a firearm-related product
• Status: Presented to Governor

CA AB1621 – Extends the definition of a firearm to include a firearm precursor part and prohibits the sale, transfer, or possession of unserialized firearm precursor parts

• Redefines a ‘firearm precursor part’ as any forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm
• Requires any person in possession of an unserialized firearm to apply to the department for a unique identification mark and affix it to the firearm by January 1, 2024
• Status: Approved by Governor

CA AB1842 – Would prohibit a licensee from charging a firearm restocking or other return-related fee more than 5% of the purchase price if the buyer decides to cancel the purchase of the firearm during the 10-day waiting period

• Does not apply to firearm special orders
• Status: Passed both Houses of legislature

CA AB2571 – Prohibits a firearm industry member from advertising or marketing any firearm-related product in a manner designed, intended or reasonably appears to be attractive to minors

• Advertising or marketing shall not include:
  • Caricatures or cartoon characters
  • Brand name merchandise for minors, including apparel, toys and games
  • Firearm-related products in sizes, colors or designs designed for minors
  • Images or depictions of minors
  • Placement in publications with a predominantly audience of minors
  • Status: Approved by Governor

Delaware

DE HB423 – Establishes a state point of contact (POC) to conduct background checks for firearm purchases and transfers

• Creates Firearm Transaction Approval Program (FTAP) within the State Bureau of Identification (SBI) of the Delaware State Police to serve as the point of contact (POC) between FFLs and FBI databases
• Status: Signed by Governor

DE HB450 – Titled “Delaware Lethal Firearms Safety Act of 2022;” prohibits the manufacture, sale, transfer, purchase, receipt, possession, or transport of assault weapons.

• Does not prohibit possession or transport of firearms that were lawfully possessed or purchased before the Act’s effective date, with exceptions
• Directs Department of Safety and Homeland Security to develop a procedure for issuance of a voluntary certificate of possession to show lawful possession of an assault weapon prior to the Act’s effective date.
• Status: Signed by Governor

DE HB451 ­– Prohibits persons under the age of 21 from purchasing, owning, possessing, or controlling a firearm or ammunition

• Does not apply to shotguns and shotgun ammunition, muzzle-loading rifles, and deadly weapons other than firearms
• Does not apply to persons under the age of 21 engaging in lawful hunting, instruction, sporting, or recreational activity while under the direct supervision of a person 21 year of age or older
• Status: Signed by Governor

DE SB6 – Titled “Delaware Large-Capacity Magazine Prohibition Act of 2022;” prohibits the manufacture, sale, purchase, receipt, transfer, or possession of large-capacity magazines

• Defines ‘large-capacity magazine’ as any ammunition feeding device capable of accepting or that can readily be converted to hold more than 17 rounds of ammunition.
• Allows large-capacity feeding devices to be permanently modified to not hold more than 17 rounds of ammunition.
• Status: Signed by Governor

DE SB8 – Classifies “rapid fire kits” as a destructive device and prohibits their possession

• Defines “rapid fire device” as a part, kit, tool, accessory, or device that increases the rate of fire of a semiautomatic firearm to a rate of fire that mimics the rate of fire of a machine gun
• Defines “machine gun” as any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger, including the frame or receiver of a machine gun, and parts or a combination of parts designed to convert or assemble a machine gun
• Status: Signed by Governor

DE SB302 – Permits civil action for public nuisance by firearm industry members

• Establishes ‘reasonable controls’ regarding the manufacture, sale, distribution, use, and marketing of firearm-related products through procedures, safeguards, and business practices to:
  • Prevent the sale or distribution of a firearm-related product to a straw purchaser
  • Prevent the theft or loss of firearm-related products
  • Ensure compliance with all state and federal laws
• Conduct constitutes a ‘public nuisance’ if the harm to the public is a reasonably foreseeable effect of the conduct, including criminal actions by third parties
• Status: Signed by Governor

New Jersey

NJ A1302 – Would regulate sale of handgun ammunition and develop system of electronic reporting of handgun ammunition sales

• Requires handgun ammunition purchasers provide the following at the time of purchase:
  • A valid firearms purchaser identification card, copy of a permit to purchase a handgun, or permit to carry a handgun; and
  • A valid, current driver’s license, current nondriver identification card, or other government-issued form of photo identification
• Requires manufacturers and wholesale dealers keep electronic records of all handgun ammunition sold, including date of the transaction, ammunition type, caliber, or gauge, quantity sold, and name and address of the purchaser
• Electronic records shall be retained by dealers and made available at all reasonable hours for inspection by any law enforcement officer
• Any sale, transfer, assignment, or disposition of 2,000 or more rounds of handgun ammunition shall be reported to state police
• Requires manufacturers and wholesale dealers of firearms register with the state and comply with standards and qualifications for the protection of the public safety, health and welfare
• Status: Passed both Houses of legislature

NJ A1765 – Would allow Attorney General to bring cause of action for certain public nuisance violations arising from the sale or marketing of firearms

• Would require gun industry members establish ‘reasonable controls’ for the sale, manufacture, distribution, importing, and marketing of gun-related products to:
  • Prevent the sale or distribution of a gun-related product to a straw purchaser
  • Prevent the theft or loss of gun-related products
  • Ensure compliance with all state and federal laws
• It shall be a public nuisance to engage in conduct that violates such ‘reasonable controls’
• Status: Passed both Houses of legislature

NJ A4368 – Would require licensed retail firearm dealers to sell microstamping-enabled firearms when the Attorney General determines these firearms are commercially available

• Would establish an instant rebate up to $30 for purchases of microstamping-enabled firearms from licensed dealers
• Status: Passed both Houses of legislature

NJ S2905 – Would revise the definition of destructive device to include certain .50 caliber rifles

• Would add “any center-fire rifle that is capable of firing a .50 BMG cartridge” to the definition of ‘destructive device’
• Status: Passed both Houses of legislature

Rhode Island

RI H6614 – Titled “Rhode Island Large Capacity Feeding Device Ban Act of 2022;” makes it a felony for an individual to possess any semiautomatic firearm magazine capable of holding more than 10 rounds of ammunition

• Defines “large capacity feeding device” as capable of holding or can readily be extended to hold more than 10 rounds of ammunition
• Allows large capacity feeding devices to be permanently modified to not hold more than 10 rounds of ammunition
• Status: Signed by Governor

RI S2637 – Increases age for the lawful sale of firearms or ammunition from 18 to 21 years

• Prohibits the sale of rifles and shotguns and ammunition to any person under the age of 21
• Requires persons be 21 years of age and hold a valid pistol/revolver safety certificate or Rhode Island hunter education course card to purchase ammunition
• Prohibits possession of firearms by a minor unless in the presence of a parent, guardian or supervising adult
• Removes firearms permits for minors
• Status: Signed by Governor

RI S2825 – Makes it unlawful to possess a loaded rifle or shotgun in public

• Applies to rifles and shotguns in vehicles and along any public roadway
• Does not apply to persons legally engaged in hunting activity.
• Status: Signed by Governor

Stay tuned to Orchid for the latest updates on state and federal legislation impacting FFLs and the firearms industry.