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Tuesday, December 25, 2007

Merry Christmas from VSSA

At this time of year we reflect on the many blessings that we have as a people and a nation. With that in mind, VSSA wishes everyone a Merry Christmas.

Thursday, December 20, 2007

Senate Passes NICS Improvement Act

The U.S. Senate passed H.R. 2640 on December 19th. The National Rifle Association (NRA) worked closely with Senator Tom Coburn (R-Okla.) to address his concerns regarding H.R. 2640, the National Instant Check System (NICS) Improvement Act. These changes make a good bill even better. According to NRA, the end product is a win for American gun owners.

Late in the day, anti-gun Senator Ted Kennedy (D-MA), failed to delay progress of the bill. The Violence Policy Center, the Coalition to Stop Gun Violence and other gun control and gun ban groups are opposed to the passage of this legislation because of the pro-gun improvements contained within.

The NICS Improvement Act does the following to benefit gun owners:

* Improves the accuracy and completeness of NICS by requiring federal agencies and participating states to provide relevant records to the FBI. For instance, it would give states an incentive to report those who were found adjudicated by a court to be "mentally defective," a danger to themselves, a danger to others and suicidal.

* Requires removal of expired, incorrect or otherwise irrelevant records. Today, totally innocent people (e.g., individuals with arrest records, who were never convicted of the crime charged) are sometimes subject to delayed or denied firearm purchases because of incomplete records in the system.

* Prevents use of federal "adjudications" that consist only of medical diagnoses without findings that the people involved are dangerous or mentally incompetent. This would ensure that purely medical records are never used in NICS. Gun ownership rights would only be lost as a result of a finding that the person is a danger to themselves or others, or lacks the capacity to manage his own affairs.

* Requires all federal agencies that impose mental health adjudications or commitments to provide a process for "relief from disabilities." Extreme anti-gun groups like the Violence Policy Center and Coalition to Stop Gun Violence have expressed "strong concerns" over this aspect of the bill-surely a sign that it represents progress for gun ownership rights.

* Provides a process of error correction if a person is inappropriately committed or declared incompetent by a federal agency. The individual would have an opportunity to correct the error-either through the agency or in court.

* Prevents reporting of mental adjudications or commitments by federal agencies when those adjudications or commitments have been removed.

* Permanently prohibits the FBI from charging a "user fee" for NICS checks.

* Requires a Government Accountability Office audit of past NICS improvement spending. The bill includes significant changes from the version that previously passed the House, including:

* Elimination of all references to Bureau of Alcohol, Tobacco, Firearms and Explosives regulations defining adjudications, commitments, or determinations related to Americans' mental health. Instead, the bill uses terms previously adopted by the Congress.

* Requires incorrect or outdated records to be purged from the system within 30 days after the Attorney General learns of the need for correction.

* Requires agencies to create "relief from disabilities" programs within 120 days, to prevent bureaucratic foot-dragging.

* States that a person applies for relief from disabilities and the agency fails to act on the application within a year-for any reason, including lack of funds-the application will be considered denied. This provision will allow the applicant to seek immediate review of his application in federal court.
* Allows awards of attorney's fees to applicants who successfully challenge a federal agency's denial of relief in court.

* Requires that federal agencies notify all people being subjected to a mental health "adjudication" or commitment process about the consequences to their firearm ownership rights, and the availability of future relief.

* Earmarks 3-10% of federal implementation grants for use in operating state "relief from disabilities" programs.

Wednesday, December 19, 2007

First Firearm Related Bill Prefiled for General Assembly

Delegate Mark Cole is first out of the box with a firearm related bill for the 2008 Session. HB 109 is a pro-gun bill. The bill titled "Regulation of firearms by state entities", prohibits a state agency, council, commission, or other entity from adopting any rules, regulations, or policies governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof, unless expressly authorized by statute. The prohibition does not apply to state, local, and regional correctional facilities or mental health facilities, nor is it to be construed to prohibit a law-enforcement officer from acting within the scope of his duties. Any rule, regulation, or policy adopted prior to July 1, 2007, except for those specifically authorized by statute, will be invalid.

VSSA will soon have its legislative tracking tool on the VSSA website. In addition, gun owners will be able to get up-to-date information on all the goings on at the General Assembly right here on the Blog.

Governor Kaine and the Second Amendment

Yesterday I posted about Attorney General Bob McDonnell joining a multi-state brief for the Supreme Court in the District of Columbia v Heller, that support the view that the Second Amendment protects an individual right to keep and bear arms. The Roanoke Times contacted the Governor's office where the occupant, Tim Kaine, has a history of strongly supporting gun control (i.e. trying to use taxpayer money to support the misled mommie march in 2000). I think the response (or lack thereof) is telling.

Kaine's spokesman Gordon Hickey said, "The governor generally (emphasis added) supports Second Amendment rights..."

One either does or does not support a basic human right. I find it hard to envision what "general" support would mean. True, Kaine signed into law Delegate Lingamfelter's bill blocking New York Mayor Michael Bloomberg's gun dealer entrapment schemes and given the fact he used to be a trial lawyer that is a plus since it was a group of trial lawyers that gave Bloomberg the idea in the first place. But Kaine has now jumped on the bandwagon to close the nonexistant "gun show loophole" and I can't imagine an anti-gun bill that has been introduced in the General Assembly over the past several years (banning carrying a firearm in a police station, banning carrying in a library etc) that he would not sign if it reached his desk.

Tuesday, December 18, 2007

Idaho Senator Leading Charge to Repeal Gun Restrictions in National Parks

U.S. Sen. Mike Crapo is leading an effort to repeal federal gun restrictions in national parks and wildlife refuges, saying that the guidelines are "confusing, burdensome and unnecessary." In a letter sent Monday, Crapo and almost half of the U.S. Senate asked Interior Secretary Dirk Kempthorne to change rules that prohibit visitors to most national parks and wildlife refuges from carrying active, loaded guns.

It should be noted that the NRA initiated and worked closely with Senator Crapo on this letter and appreciates his bipartisan effort to get 47 Senators to sign a letter to Interior Secretary Dirk Kempthorne requesting a change in policy allowing state law to govern the carrying and transportation of firearms in national parks and wildlife refuges, as is the case of national forests and BLM lands.

NRA has been working for nearly five years to change this policy. VSSA supports NRA's behind the scenes work on this important issus and applauds the strong Senate support for the policy change expressed in this letter.

View the letter to Interior Secretary Dirk Kempthorne

McDonnell to Join Multi-State Amicus Brief in Support of Individual Right to Bear Arms

Virginia Attorney General Bob McDonnell announced today that Virginia will join an amicus brief supporting the individual rights interpretation of the right to bear arms confirmed in the Second Amendment. The amicus will be filed in the case of District of Columbia v. Heller, which arises from a challenge to the District of Columbia’s prohibition of personal ownership of handguns, and additional restrictions on personal ownership of shotguns and rifles. The case will provide the most significant review of the original intent and interpretation of the Second Amendment in almost 70 years.

At issue is a decision by the United States Court of Appeals for the District of Columbia, which ruled that the gun policies of Washington D.C. violated the Second Amendment. The court found that the right to bear arms is an individual right guaranteed by the framers.

Speaking about his decision to join an amicus brief supporting the individual right to bear arms, Attorney General McDonnell noted, “The right to bear arms secured in the Bill of Rights is a right “of the people.” We believe that our founders declared, in the Second Amendment, that American citizens have the personal right to bear arms as individuals.”

McDonnell continued noting, “Attorney General Greg Abbott of Texas will file the lead brief with the Supreme Court in defense of this position. I have informed him that Virginia will join the multi-state amicus brief in support. The Heller case will likely be the most important Second Amendment case in American history. The result will have significant implications on individual liberty and the power of government. For this reason it is imperative that Virginia’s position on the fundamental individual right to bear arms is clearly articulated.”

The amicus brief is currently being drafted. Heller v. District of Columbia will most likely be heard by the United States Supreme Court in March 2008, with a decision anticipated in June.

Monday, December 17, 2007

More on Closing the "Gun Show Loophole"

More newspaper editorial boards have jumped on the bandwagon in favor of closing the so-called "gun show loophole." This time it is the Lynchburg News and Advance and the Danville Register and Bee. Like most of their cohorts, the Lynchburg newspaper uses the non-existent "unlicensed dealers" term to describe private sales between gun owners while the Danville paper at least gets it right when it comes to private sellers.

The News and Advance editors go on to say, "...the shows provide access to weapons for convicted felons and those with a history of mental illness that they would not otherwise be allowed to buy." Apparently they have not read the three studies conducted by the federal government that proved just the opposite.

This session of the General Assembly is shaping up to be like the 1993 session when Governor Doug Wilder pushed through handgun rationing. The gun banners smell blood and have a Governor on their side for the first time in 12 years. VSSA will be fighting hard to see that they are not successful.

Monday, December 10, 2007

VSSA on Tim Kaine and the Gun Show Loophole

I was interviewed on NRANews' Cam and Company on December 5th and the topic was Tim Kaine's decision to put his political neck on the line to try and close the so-called "gun show loophole."

Sunday, December 9, 2007

VSSA on NRANews' Cam Company

On November 14th I had the opportunity to discuss former Virginia State Police Superintendent Gerald Massengill's support for closing the so-called "gun show loophole."


Friday, December 7, 2007

Vote Rob Wittman for U.S. Congress on December 11th

The following was sent out to NRA members in Virginia's 1st Congressional District:

Vote Freedom First on December 11
Vote Rob Wittman for U.S. Congress

Dear Virginia NRA Member:

The Second Amendment needs your help today.

The NRA Political Victory Fund (www.nrapvf.org) has endorsed State Delegate Rob Wittman in the special election in the First Congressional District of Virginia.

Rob Wittman has worked to protect gun rights and hunting heritage in Richmond, and now he needs your vote and support to continue the fight in Washington, DC!

Rob Wittman has fought for our freedom in Richmond, and now he needs your help to ensure our Second Amendment rights and hunting heritage are protected in the U.S. Congress. During his tenure in the Virginia House of Delegates, he voted to improve Virginia's Right to Carry Law and for a bill to stop bogus lawsuits against gun manufacturers and dealers.

Rob Wittman has a solid pro-gun voting record in the Virginia General Assembly. Accordingly, he has earned an "A" rating from NRA-PVF and he has earned your vote.

That's why it's critically important for you and every freedom-loving voter in Virginia's First Congressional District to vote for Rob Wittman.

For more information or to volunteer in the Rob Wittman for Congress campaign, please call (804) 761-5014 or visit www.RobWittmanForCongress.com.

Remember, vote Rob Wittman for Congress on Tuesday, December 11th, and encourage all of your family, friends, and fellow hunters and shooters to do the same. The future of our Second Amendment rights depends on it!

NATIONAL RIFLE ASSOCIATION INSTITUTE FOR LEGISLATIVE ACTION
(www.nraila.org)

Thursday, December 6, 2007

FOIA Commission Proposal Would Close Concealed Handgun Permit Data

The Richmond Times Dispatch and the Roanoke Times reported on Tuesday that the Freedom of Information Act (FOIA) Advisory Council has proposed legislation that would limit access to the list of persons that possess a Concealed Handgun Permit (CHP). Until this past March when the Roanoke Times abused the list and posted it for a day on it's web site, anyone could make a FOIA request to the Virginia State Police and obtain a copy of the list (sometimes at a small fee to cover the cost of providing the list). Some pro-gun groups and political candidates have obtained copies of the list in the past for membership campaigns and voter outreach. After the Roanoke Times incident, the Attorney General issued an opinion that caused the VSP to limit access to the list.

The FOIA Council draft legislation would prohibit the state police from releasing its database containing the identities of state residents with concealed-carry permits. Records of concealed-carry permits would remain available on a locality-by-locality basis at circuit courts, which issue the permits. The state police could continue to release statistical summaries and related data about concealed-carry permits without identifying individual permit holders.

Pro-gun Senator Edd Houck (D-Spotsylvania County) said "This sort of balances the need that I think we all felt when The Roanoke Times published that database." Houck is the chairman of the advisory council.

A version of the draft legislation would have allowed political committees and candidates and nonprofit hunting and firearms groups to have access to the database, but those exemptions were struck by a council subcommittee.

No surprise - the Roanoke Times is not happy with the proposed legislation.

Closing Gun Show Loophole Now Kaine's Priority

I posted on November 28th that Governor Tim Kaine wanted to close the so-called "gun show loophole" but his spokesman could not say at the time whether his anti-gun boss would put his "political capital" behind the effort. Well, apparently Kaine was taken to the woodshed for acting like a wimp and not having the courage of his convictions because the Roanoke Times and the Virginian Pilot reported yesterday that Kaine indeed is going to put his neck on the line to see the law gets passed during this session. Kaine made the announcement while speaking at the annual AP Day at the Capital, a legislative forum sponsored by The Associated Press and the Society for Professional Journalists. "I am very unequivocal about closing the gun-show loophole," Kaine said.

According to Kaine, the "loophole" gives felons and mentally ill people access to weapons they should not be allowed to buy. He even went so far as to say that had Cho not been able to buy his guns legally (as he did thanks to a breakdown in the court and mental health system) he would have turned to a gun show.

Now, I don't know about Kaine, but I have attended and worked many gun shows and a)I don't recall seeing someone sitting at a table all or part of the day with one or two guns from his personal collection waiting for someone to come over and buy them and b)more times than not, when I see someone walk through the door with a rifle on his back with a "for sale" sign, the same guy walks out the door with the gun. The fact is, very few "private" sales take place at gun shows and even fewer people looking to commit a crime buy their guns at gun shows.

The good thing is pro-gun Democrats like Senator John Edwards and Republican Delegate Morgan Griffith have said the climate in the General Assembly to pass gun control has not changed. VSSA will continue to work with our friends in the General Assembly to see that any bill attempting to end gun shows as we know them ends up on the same trash heap as all other attempts.

Newport News Police Offer $100 in Gun Buy Back Scheme

Newport News has seen an increase in crime, especially gang related activity. Rather than try to employ real crime fighting tactics to combat the increase, the Daily Press reports that Newport News Police are planning a gun buy back this month. As is usual in such schemes, the police will not ask any questions about the guns or the people handing them in although they do plan to match guns turned in against a list of those reported stolen and if any match reports, they will be returned to the owners.

Anyone turning in a rifle, shotgun or any other type of gun, will receive a $100 gift card that can be used in Wal-Mart or Farm Fresh Stores. There will be no restrictions on what the cards can be used for. However, gift vouchers will not be given for BB, pellet or toy guns, although police spokesman Holly Tepper said they can be handed in. Police will also accept ammo. According to the Tepper, the buy back is being funded with $35,000 donated by members of the local business community who want to remain anonymous.

In a rare instance of candor about gun buybacks, Tepper said the buy-back scheme is unlikely to lead to hard-core criminals handing over their guns, "but might take guns out of homes that criminals could steal and use for crimes." So, we finally have someone admitting that buy backs are not about fighting crime - it's to get guns out of the homes of law-abiding citizens.

In fact, Police Chief James Fox said at a town hall meeting that more gun buybacks might follow if the 15th is viewed as a success. Fox said "there are a lot of people who have guns in their houses who need to get them out of there. If you don't know how to use them and they are just laying around ... we are going to get rid of them for you,"

In other locations around the country, enterprising gun rights supporters have rounded up guns that no longer function, turned them in, then turned around and used the gift cards received to purchase air guns for junior shooting sports programs to introduce more young people to the shooting sports.