Important Gun Law Changes in 2023
Nearly 400 gun bills have been introduced at the state level, and a handful of firearms-related bills have been introduced at the federal level. Below we’ve highlighted the most important gun legislation that has been proposed or signed into law in 2023.
National Concealed Carry Reciprocity
On Jan. 1, 2023, North Carolina Rep. Richard Hudson (R-9) introduced HR 38, or the Concealed Carry Reciprocity Act, to Congress.
The bill has been referred to the House Judiciary Committee for review.
Stabilizing Braces
On Jan. 13, 2023, Attorney General Merrick B. Garland signed ATF final rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” amending the federal agency’s regulation on pistol braces. The new regulation reclassified guns with stabilizing accessories as short-barreled rifles.
Gun owners are now required to possess a federal license to own one.
They have the option to do one of three things to comply with the new federal regulation:
- Register their stabilizing braces with the ATF
- Permanently remove, dispose of or alter the stabilizing brace so that it can’t be reattached
- Surrender modified guns to their local ATF office
The rule was published in the Federal Register on Jan. 31, 2023. Gun owners have 120 days to comply with the new regulation.
UPDATES
On Feb. 9, Oklahoma Sen. James Lankford (R-5) introduced S 361, or the Pistol Brace Protection Act, to Congress in an attempt to exempt pistol braces from regulation under the National Firearms Act (NFA).
On May 23, the 5th Circuit Court of Appeals issued a preliminary injunction against the pistol brace ban in Mock v. Garland.
On May 25, U.S. District Judge Jane L. Boyle of the Northern District of Texas also issued a preliminary injunction against the ban in Second Amendment Foundation v. ATF.
On May 31, U.S. District Judge Drew B. Tipton of the Southern District of Texas was the third federal judge to issue a preliminary injunction in a lawsuit filed by the Gun Owners of America, the Gun Owners Foundation and the state of Texas.
The ATF cannot enforce the ban against the plaintiffs in these three cases.
On June 13, the House passed a resolution by a 219-210 vote that would repeal ATF final rule 2021R-08F. H.J.Res.44 will now go to the Senate. President Biden has vowed to veto the resolution if it reaches his desk.
On June 22, the Senate voted 49 to 50 to reject H.J.Res.44.
On June 30, U.S. District Judge Reed O’Connor of the Northern District Court of Texas issued an order vacating the ATF ban in VanDerStok v. Garland, stating the ban lacks congressional authority.
“Assault Weapons” Bans
Many individuals, especially politicians, are misinformed about what is an “assault weapon.” There are currently 10 states with “assault weapons” bans, and there are others considering them too.
Federal "Assault Weapons" Ban
On Jan. 23, 2023, California Sen. Dianne Feinstein (D-14) introduced S 25, or the Assault Weapons Ban of 2023, to Congress.
President Biden supports a federal assault weapons ban. During his State of the Union Address on Feb. 7, he declared that the U.S. government must “Ban assault weapons once and for all.”
The bill was referred to the Judiciary Committee for review.
You can send a letter to your representatives to fight this bill by visiting USCCASavesLives.org.
Colorado Bans
On March 3, Rep. Elisabeth Epps (D-6) and Sen. Rhonda Fields (D-29) introduced HB23-1230, which would prohibit “assault weapons” in Colorado. The bill was assigned to the House Judiciary Committee.
On April 20, the House Judiciary Committee voted 6-7 to kill the bill.
Illinois Bans
On Jan. 10, 2023, Gov. JB Pritzker (D) signed House Bill 5471, or the Protect Illinois Communities Act, into law. The law makes it unlawful to deliver, sell or purchase, or cause to be delivered, possessed or sold or purchased by another, an assault weapon, assault weapon attachment, .50 caliber rifle or .50 caliber cartridge.
It makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle or .50 caliber cartridge 300 days after the effective date of the amendatory act, except possession of weapons registered with the Illinois State Police in the time provided.
An assault weapon is defined as:
(A) Any rifle that has a belt-fed ammunition system or which has a detachable
magazine capable of holding more than 10 rounds of ammunition
(B) A semi-automatic rifle that has the ability to accept a detachable magazine and has any of the following
- A folding or telescoping stock
- A shroud that is attached to, or partially or completely encircles, the barrel that
permits the shooter to hold the firearm with the non-trigger hand without being burned
(C) A semi-automatic pistol that has the ability to accept a detachable magazine and has any of the following:
- A folding or telescoping stock
- A shroud that is attached to, or partially or completely encircles, the barrel that
permits the shooter to hold the firearm with the non-trigger hand without being burned</> - A manufactured weight of 50 ounces or more when the pistol is unloaded
(D) A semi-automatic rifle with a fixed magazine that has the capacity to
accept
more than 10 rounds of ammunition
(E) A semi-automatic shotgun that has:
- A folding or telescoping stock
- Contains its ammunition in a revolving cylinder
- A fixed magazine capacity in excess of five rounds of ammunition, except as may be
authorized under the Wildlife Code and excluding magazine extensions during the snow geese conservation order
season - An ability to accept a detachable magazine of more than five rounds of
ammunition
UPDATES
There are several ongoing federal and state court cases challenging the assault weapons ban. The state cases that blocked the state of Illinois from enforcing the assault weapons ban only impact the plaintiffs named in the lawsuits.
On Feb. 14, 2023, a federal judge ruled that a city ordinance banning the sale of assault weapons in Naperville can be enforced by law enforcement.
On Feb. 24, the U.S. District Court for the Southern District of Illinois consolidated four court cases challenging the assault weapons ban. One of the cases was transferred from state court to federal court. Oral arguments have been scheduled for April 12.
On Feb. 21, the McHenry County Board, in a 11-6 vote, passed a resolution opposing the assault weapons ban. The board members called for the law to be repealed and the McHenry County State’s Attorney Office to take legal action.
Two days later, the Knox County Board, in a 9-5 vote, approved a resolution that opposed the assault weapons ban in Illinois and designated the county a “sanctuary county.” The board members requested that the Illinois General Assembly stop any actions that would restrict the right of the people to keep and bear arms or actions that would require the surrender of previously authorized firearms and firearms paraphernalia. It also asked Gov. JB Pritzker (D) to veto any legislation that restricts gun owners’ Second Amendment rights.
On Feb. 27, the Illinois Sheriffs’ Association filed an amicus brief in support of those efforts challenging the bill.
On March 2, Illinois Attorney General Kwame Raoul, Gov. J.B. Pritzker and Illinois State Police Director Brendan Kelly filed a 72-page brief in the Southern District of Illinois in response to the four federal lawsuits that were consolidated on Feb. 24.
A day later, a Macon County judge declared the ban unconstitutional, setting up a direct appeal to the Illinois Supreme Court.
In response to the Macon County ruling, the Illinois Supreme Court agreed to fast-track the state’s appeal. Oral arguments have been scheduled for May.
Likewise, on March 7, in response to the federal judge’s ruling in Naperville in February, attorneys filed a motion with the U.S. Seventh Circuit Court of Appeals asking it to issue an injunction, forbidding any police or other government agency in Illinois from enforcing the ban.
On April 18, the 7th Circuit Court of Appeals denied the plaintiff’s request for an injunction in the Naperville case. U.S. District Judge Virginia Kendall claimed the ban is “constitutionally sound.” This is only one of the handful of lawsuits attempting to overturn the state’s ban.
On April 25, U.S. District Judge Lindsay Jenkins denied Dr. Javier Herrera’s request to issue a temporary restraining order to prevent the state from enforcing the ban.
A day later, Robert Bevis, the plaintiff in the Naperville case, asked the U.S. Supreme Court for an emergency junction.
On April 28, U.S. District Judge Stephen P. McGlynn issued an order blocking enforcement of the ban.
U.S. Supreme Court Justice Amy Coney Barrett gave the city of Naperville until May 8 to respond to an emergency request for an injunction against the ordinance.
Two days later, Appellate Judge Frank Easterbrook agreed to stay the ruling while McGlynn’s decision is reviewed by the 7th U.S. Circuit Court of Appeals. The ban is now back into effect.
In an email to The Center Square, an Illinois State Police public information officer stated that firearms purchased during the six days in which an injunction against the state’s ban was in effect will be illegal to own come Jan. 1, 2024.
On May 17, the U.S. Supreme Court declined to block the assault weapons ban. Also, yesterday the Illinois Supreme Court heard arguments to determine if parts of the ban violates certain provisions of the Illinois Constitution.
Rhode Island Bans
On Feb. 1, 2023, legislators introduced HB 5300, which would ban the possession, sale and transfer of assault weapons.
The bill is scheduled for hearing and/or consideration on April 17.
Tennessee Bans
On April 11, Sen. Heidi Campbell (D-20) and Rep. Bo Mitchell (D-50) introduced SB 1569 and HB 1579 in their respective chambers.
The bills prohibit the sale or purchase of an assault weapon
Washington State Bans
On April 25, Gov. Jay Inslee (D) signed HB 1240 into law. It goes into effect immediately.
The law restricts 60 firearms (listed on Pages 2 to 4).
In addition, it also restricts:
- A semi-automatic rifle that has an overall length of less than 30 inches
- A conversion kit, part, or combination of parts, from which an assault weapon can be assembled or from which a firearm can be converted into an assault weapon if those parts are in the possession or under the control of the same person
- A semi-automatic, centerfire rifle that has the capacity to accept a detachable magazine and has one or more of the following:
- A grip that is independent or detached from the stock that protrudes conspicuously beneath the action of the weapon (The addition of a fin attaching the grip to the stock does not exempt the grip if it otherwise resembles the grip found on a pistol.)
- Thumbhole stock
- Folding or telescoping stock
- Forward pistol, vertical, angled or other grip designed for use by the non-firing hand to improve control
- Flash suppressor, flash guard, flash eliminator, flash hider, sound suppressor, silencer or any item designed to reduce the visual or audio signature of the firearm
- Muzzle brake, recoil compensator, or any item designed to be affixed to the barrel to reduce recoil or muzzle rise
- Threaded barrel designed to attach a flash suppressor, sound suppressor, muzzle break or similar item
- Grenade launcher or flare launcher
- A shroud that encircles either all or part of the barrel designed to shield the bearer’s hand from heat, except a solid forearm of a stock that covers only the bottom of the barrel
- A semi-automatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds
- A semi-automatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:
- A threaded barrel, capable of accepting a flash suppressor, forward handgrip or silencer
- A second hand grip
- A shroud that encircles either all or part of the barrel designed to shield the bearer’s hand from heat, except a solid forearm of a stock that covers only the bottom of the barrel
- The capacity to accept a detachable magazine at some location outside of the pistol grip
- A semi-automatic shotgun that has any of the following:
- A folding or telescoping stock
- A grip that is independent or detached from the stock that protrudes conspicuously beneath the action of the weapon. (The addition of a fin attaching the grip to the stock does not exempt the grip if it otherwise resembles the grip found on a pistol.)
- A thumbhole stock
- A forward pistol, vertical, angled or other grip designed for use by the non-firing hand to improve control
- A fixed magazine in excess of seven rounds
- A revolving cylinder shotgun
UPDATE (April 27, 2023)
Several gun ranges and pro-gun organizations, such as the NSSF and the Firearms Policy Coalition, have filed lawsuits in response to the new ban.
UPDATE (June 7, 2023)
On June 6, Judge Robert Bryan of the U.S. District Court for the Western District of Washington denied a request to grant a preliminary injunction in Hartford et al v. Ferguson et al. Two other lawsuits also have been filed.
UPDATE (June 26, 2023)
On June 23, Thurston County Superior Court Judge Allyson Zipp denied a request to grant a temporary restraining order in Guardian Arms v. Inslee.
Constitutional Carry
There are currently 25 constitutional carry or permitless carry states. (Florida will be the 26th when the law goes into effect on July 1, 2023.) Over 50 percent of U.S. states have passed laws permitting constitutional carry or permitless carry in the last 20 years.
Florida Constitutional Carry
On Jan. 30, 2023, House Speaker Paul Renner (R-19) and other lawmakers proposed HB 543, which would which would allow concealed carry of weapons and firearms without a license.
On March 24, the House voted 76-32 to pass the bill. Six days later, the Senate voted 27-13 and approved it.
On April 3, 2023, Gov. Ron DeSantis’ (R) signed the bill into law, making Florida the 26th constitutional carry state in the U.S. The new law will go into effect on July 1, 2023.
Louisiana Constitutional Carry
On May 16, the House Criminal Justice Committee voted 8-1 to approve HB 131, which would permit constitutional carry in the state.
On May 23, the House voted 70-29 to approve the bill. Seven days later, the Senate Judiciary B Committee voted 4-1 to approve the bill. It will next head to the full Senate for a vote.
On June 6, Rep. Danny McCormick (R-1) deferred the bill after several amendments were made to it that he did not support.
Nebraska Constitutional Carry
On Jan. 5, 2023, Sen. Tom Brewer (R-43) announced he would reintroduce the constitutional carry bill this legislative session. Twenty-five other legislators sponsored it.
On Jan. 26, Brewer introduced Legislative Bill 77 to the Judiciary Committee. Fifteen days later, the Committee voted 5-0 to advance the bill.
The bill was debated on the House floor on March 2. After over three days of debate, lawmakers voted 36-12 to advance the bill.
On March 28, lawmakers voted 31-10 to advance the bill. One more round of debate will be held before it heads to the Gov. Jim Pillen’s (R) desk.
On April 19, senators voted 33-14 to approve the bill.
On April 25, Gov. Pillen signed the bill into law. It will go into effect 90 days after the legislative session ends, which will likely be at the end of August or early September.
Nebraska is now the 27th state to pass constitutional carry.
South Carolina Constitutional Carry
On Feb. 22, 2023, the House voted 87-26 to pass H 3594.
The bill will now head to the Senate for a vote.
Carrying on College Campuses
How to best protect students and school staff members from active shooters is one of the most hotly debated topics in the United States today. Some states are responding by passing laws to protect both.
West Virginia Campus Carry
On Jan. 11, 2023, Sen. Rupie Phillips (R-7) introduced SB 10, which would permit concealed carry on college campuses.
The bill passed in the Senate on Jan. 24, followed by the House on Feb. 21.
On March 1, Gov. James Justice (R) signed the bill into law. It will go into effect on July 1, 2024.
Permit to Purchase Repealed
Currently, there are 13 states that require a permit to purchase a firearm. Fortunately, one state was recently dropped from the list.
Which states require a background check for handgun purchases?
North Carolina Firearms Purchase Permit
On Jan. 30, 2023, lawmakers introduced a bill that would remove the requirement for residents to obtain a permit to purchase a firearm.
The General Assembly of North Carolina voted to approve the bill, but Gov. Roy Cooper (D) vetoed it on March 24. However, five days later the General Assembly voted to override the governor’s veto of SB 41. The law immediately went into effect.
Also, the law authorizes permit holders to carry firearms on certain school property at certain times. This section of the law will go into effect on Dec. 1, 2023.
This page was initially published on April 21, 2023. It was last updated on July 6, 2023.