2nd Amendment News Round up: Gun Rights on the Ballot in Massachusetts, Arkansas and Idaho, a New NICS Rule for Gun Shops, and a Pennsylvania Under-21 Carry Lawsuit

Tomorrow is Election Day, and this year gun owners in three states will vote directly on firearms questions. Meanwhile, the Justice Department finalized a rule that changes how gun shops can screen their own employees, gun-rights groups went after Pennsylvania's age limit on carry licenses, and a federal appeals court weighed in on gun bans tied to mental-health commitments. Here's what happened and why it matters.

1. Gun rights are on the ballot in three states

Massachusetts, Question 9. This one is the biggest. It's a referendum on Chapter 135, the sweeping gun law the legislature passed in 2024. A Yes vote keeps the law. A No vote repeals it. Keep that straight, because it's backwards from what a lot of people expect.

According to the Attorney General's official summary in the state voter guide, Chapter 135 requires nearly every firearm to carry a serial number, including privately made and 3D-printed guns. It sets 21 as the minimum age to own semi-automatic rifles and shotguns, rewrites how the state defines an "assault-style firearm," and expands who can petition for a red flag order to include healthcare providers and school administrators. It also requires a real-time electronic firearms registration system.

Opponents, led by The Civil Rights Coalition, call it "a deeply flawed, 116-page piece of bureaucratic overreach" and point to the registration system they say the state "hasn't funded and doesn't know how to build." Supporters say it keeps Massachusetts safer. This is a real test of whether gun owners in a deep-blue state can push back at the ballot box.

Arkansas, Issue 2. The legislature referred this constitutional amendment to voters. Right now, the Arkansas constitution protects the right to keep and bear arms "for their common defense." Issue 2 would add "lawful hunting and recreational use" and "any other lawful purpose." It would also spell out that the right includes "without limitation the possession and use of" ammunition, firearm accessories and firearm components, and it would declare the right "natural, fundamental, and individual" and one that "shall not be infringed." If voters approve it, it takes effect January 1, 2027.

That components language matters more than it sounds. Think about the barrels, triggers, bolt carrier groups and other parts so many of us order from places like Brownells or BCM to build or maintain a rifle. Gun Owners of Arkansas President Gary Epperson told the Arkansas Advocate that once the Supreme Court settles the AR-15 question, he expects the fight to shift toward ammunition and accessories, and Issue 2 is written with that in mind. Opponents argue the language is too broad.

Idaho, the state gun. On a lighter note, Idaho voters will answer a non-binding advisory question picking an official state gun. The six choices in House Bill 932 are the Winchester Model 1894 (.30-30), the Winchester Model 1873 (.44-40), the 1873 Colt Single Action Army "Peacemaker" (.45 Colt), the M1 Garand (.30-06), the Colt M1911 (.45 ACP) and the Remington Model 700 (.30-06). The legislature will use the results as guidance.

2. DOJ finalizes rule letting gun shops run NICS checks on employees

Until now, a federal firearms licensee (FFL) could use NICS, the FBI's background check system, only for a proposed gun sale. A final rule published October 27 and announced by DOJ on October 30 changes that. Starting November 27, dealers and manufacturers may run a "Firearm Handler Background Check" on employees who have access to guns, ammunition, or unfinished parts and manufacturing tools. Independent contractors who work on site with that kind of access count too.

Here's what gun owners should know:

• It's voluntary. No FFL has to do it, and the employee must give written consent first.
• The shop gets a simple answer: "Pass," "Pending," or "Did Not Pass," with no underlying record details.
• "Did Not Pass" isn't a firing order. The person can still work in a role with no access to firearms or ammunition, and can request the reason and appeal the same way a denied buyer can.
• Generally once a year per employee, unless the shop has reasonable cause to believe something has changed. The FBI won't charge a fee.

The rule implements a requirement Congress put in the 2022 Bipartisan Safer Communities Act. ATF will issue separate guidance on how shops document these checks.

3. FPC and NRA sue Pennsylvania over its under-21 carry license ban

Pennsylvania generally requires a license to carry a concealed handgun, to carry in a vehicle, or to carry at all in Philadelphia. But under state law, adults 18 to 20 can't even apply. Firearms Policy Coalition, the NRA and a Pennsylvania man named Daniel Maines filed Maines v. Bethel in federal court in Philadelphia last week (FPC announced it October 29).

The groups point out that the problem goes beyond concealed carry. Without a state license, young adults can't take the exemption to the federal Gun-Free School Zones Act, which makes carrying within 1,000 feet of school grounds a federal crime, so even legal open carry turns into a minefield. The suit builds on Lara v. Paris, where the Third Circuit held that 18-to-20-year-olds are part of "the people" the Second Amendment protects.

4. Court watch

• Mental-health commitments. On October 29, the Sixth Circuit upheld the federal ban on gun possession by people "adjudicated as a mental defective" (18 U.S.C. § 922(g)(4)) in United States v. Laykovich. The defendant had been committed by a Missouri court that found his mental illness made him dangerous. The court compared the federal ban to long-standing laws allowing civil detention of dangerously mentally ill people. It also stressed that the ban isn't necessarily permanent, because Missouri and now DOJ both offer a path to restore rights. That relief path is worth knowing about if you or someone you know has an old commitment on record.
• New York body armor. The 14-day stay on the ruling striking down New York's body armor ban (covered here last week) runs out around November 4 unless the Second Circuit extends it.
• Supreme Court. The justices meet November 6 to consider another batch of firearms petitions, mostly felon-in-possession challenges, and the AR-15 case is still set for argument December 2.

The bottom line

This week, gun owners get to vote directly in Massachusetts, Arkansas and Idaho, and that kind of grassroots check doesn't come around often. If you live in one of those states, read the actual ballot language before you go. The courts and DOJ will keep moving, but Tuesday is in your hands.

This article is for entertainment and informational purposes only. It isn't professional, legal, or safety advice. Always check the facts and local laws and regulations for yourself, and use your own judgment before you act on any legal or regulatory information.

Some links are affiliate links, which means MFS Media may earn a commission if you buy through them, at no additional cost to you.