The Mercury News

Some states seek to loosen gun laws

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Mass shootings in Georgia and Colorado that left at least 18 people dead since last week are reigniting calls from gun control advocates for tighter restrictio­ns on buying firearms and ammunition. But with Democrats in control of the federal government, gun rights advocates have been persuading Republican-run state legislatur­es to go the other way, making it easier to obtain and carry guns.

How are the politics of gun legislatio­n playing out in the United States this year? Here’s the breakdown.

Prospects mixed

This month, the Democrat-controlled U.S. House of Representa­tives adopted measures to expand background checks to all gun purchases and expand the time to to vet people flagged in a nationwide background check system. But to pass in the Senate, the support of every Democrat would be needed. And that’s not a sure thing.

States led by Democrats are pushing to expand some gun control laws. Maryland lawmakers overrode a veto from Republican Gov. Larry Hogan on a bill that requires background checks for all sales and transfers of rifles and shotguns. Previously, the checks were required only for sales of handguns and long guns by licensed firearms dealers.

In Washington state, a ban on high-capacity magazines has stalled, but a measure to ban carrying weapons openly at the state Capitol or during permitted demonstrat­ions has cleared one house of the Legislatur­e and is awaiting a vote in the other.

California lawmakers are expected to require individual identifier­s on all bullet casings to include weapons used by law enforcemen­t. Proponents say the pending legislatio­n is another attempt to help investigat­e shootings by police as well as make it easier to solve crimes. Critics say it’s based on unworkable technology.

At least five states also have bills that would require or expand waiting periods before the purchase of a gun.

Federal laws vs. state

Lawmakers in at least a dozen states have introduced legislatio­n that would prohibit local police officers from enforcing any federal gun-control laws that could be passed by congressio­nal Democrats and signed by President Joe Biden. Some of the bills would make officers who do so subject to lawsuits or even criminal charges. It’s not clear if those laws would withstand legal challenges. Courts struck down nullificat­ion laws passed in GOP-controlled states during former President Barack Obama’s tenure.

Some states also are considerin­g bans on future laws or local ordinances that would restrict gun rights. In New Hampshire, Republican lawmakers are pushing a state constituti­onal amendment that would block the Legislatur­e from restrictin­g gun rights. The amendment ultimately would need voter approval.

Allowing guns in more places

Several states are expanding where people can take their guns. Most adults over 21 would be allowed to carry firearms — either concealed or in the open — without a permit under a measure advanced by the state Senate in Tennessee this month. Fifteen states already have laws allowing permitless carry for concealed guns. Nine states are considerin­g measures to allow or expand the practice.

In Montana, Gov. Greg

Gianforte, the first Republican to hold the job in 16 years, signed a bill that relaxes gun restrictio­ns. It allows concealed firearms to be carried in most places without a permit and expands the list of places where guns can be carried to include university campuses and the state Capitol.

Similar measures are being pushed in states that include Oklahoma and West Virginia.

‘Stand your ground’

In January, Ohio Gov. Mike DeWine, a Republican, signed a so-called “Stand Your Ground” bill that eliminates an individual’s duty to retreat before using force. DeWine acted despite his ongoing criticism of GOP lawmakers for ignoring his own legislatio­n seeking to toughen background checks and boosting penalties for felons committing new crimes with guns.

A similar “Stand Your Ground” measure has been approved by the South Dakota Legislatur­e and is awaiting Republican Gov. Kristi Noem’s signature.

State of the courts

A federal judiciary system that is more conservati­ve after nomination­s by former President Donald Trump gives gun-rights advocates hope that pro-gun measures will be left intact by courts and restrictio­ns will be tossed out.

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