Thursday's Meeting of Militia and Police Subcommittee #1

On Thursday, the Militia, Police and Public Safety Subcommittee #1 met for about 2 1/2 hours while a major winter storm was making it's way to Virginia. Many of the members of the subcommittee wanted to get business over so they could return to their homes before the worst of the storm hit as the House had decided to cancel Friday's session. The subcommittee did however take up many of the bills on the docket and the results are below. The full committee has yet to meet to take up legislation and Friday is the last regular scheduled meeting before crossover so there will likely be a very full docket at the full committee meeting. A weekend meeting is a possibility however. Update 10:45 AM - The full Committee will meet Tuesday at 7:00AM. More information will be posted when the agenda is available.

The results of Thursday's meeting are:

H.B. 69 Firearms, ammunition, etc.; those manufactured and retained in State not subject to federal law. Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce. Subcommittee recommends reporting with amendment(s) (4-Y 1-N)

H.B. 109 Firearms; destruction of certain records by clerk of circuit court. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a recordkeeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records. Subcommittee recommends reporting with amendment(s) (5-Y 0-N)

H.B. 171 Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may prohibit a person who lawfully possesses a firearm from storing that firearm in a locked motor vehicle. The bill provides civil immunity for such persons, property owners, tenants, employers, or business owners. The provisions of the bill would not apply to possession of firearms on school property, nor would the provisions apply to vehicles owned or leased by an employer or business and used by an employee in the course of his employment. Subcommittee recommends reporting with amendment(s) (4-Y 1-N)

H.B. 236 Firearms; Class 1 misdemeanor to discharge in certain areas. Makes it a Class 1 misdemeanor to discharge a firearm towards a subdivision within the range of the firearm, or to discharge a firearm towards any person or structure, when no barrier exists that would prevent the projectile from striking a person or animal or structure. With these changes, a locality would no longer be able to prohibit hunting generally within a half-mile radius of a subdivision, but would still be able to prohibit hunting within a subdivision. Subcommittee recommends reporting (5-Y 0-N)

H.B. 490 Concealed handguns; development of plan for issuance of lifetime permit by State Police. Directs the Department of State Police, in cooperation with the Secretary of Public Safety, to develop a plan to allow for the State Police to issue lifetime concealed handgun permits to Virginia residents. The Department and the Secretary shall submit the plan, and any recommended legislative changes to implement the plan, to the Chairmen of the House Committee on Militia, Police, and Public Safety and the Senate Committee for Courts of Justice by October 15, 2010. Subcommittee recommends reporting (5-Y 0-N)

H.B. 520 Sale of firearms at firearms shows; person who sells 3 or more to be licensed as a firearms dealer. Requires any person who has a fixed location at a firearms show to display and sell firearms and any person who sells three or more firearms at a firearms show, regardless of whether he has a fixed location, to be licensed as a Virginia firearms dealer. Subcommittee recommends passing by indefinitely by voice vote

H.B. 871 Concealed handgun permit applications; right to ore tenus hearing. Clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus hearing if the permit is denied as a person who has previously held a concealed handgun permit. Subcommittee recommends reporting with amendment(s) (5-Y 0-N)

H.B. 886 Firearms, ammunition, etc.; those manufactured and retained in State not subject to federal law. Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce. Subcommittee recommends incorporating (HB69-Carrico) by voice vote

H.B. 995 Firearms; purchaser may present military identification card or concealed handgun permit. Allows a prospective purchaser to present a current or retired military identification card or a concealed handgun permit in order to establish citizenship or lawful admission for permanent residence in order to purchase an assault firearm. Subcommittee recommends continuing to 2011 by voice vote

H.B. 1070 Concealed handguns; person who possesses valid permit may carry into emergency shelter. Provides that a person who has a valid concealed handgun permit may not be barred from carrying a concealed handgun in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons. Subcommittee recommends reporting (5-Y 0-N)

H.B. 1191 Concealed handgun permits; allows circuit court judge to authorize clerk of court to issue. Allows a circuit court judge to authorize the clerk of court to issue concealed handgun permits in instances where the application is complete, the background check does not indicate that the applicant is disqualified, and, after consulting with the local sheriff or police department, there are no other questions or issues surrounding the application. Subcommittee recommends reporting with amendment(s) (4-Y 1-N)

H.B. 1209 Machine guns; Superintendent of VSP to be notified in writing of change of address of registrant. Requires that the Superintendent of State Police be notified in writing of the change of address of the registrant or the change of the address of the permanent physical location of a machine gun. Subcommittee recommends striking from docket by voice vote

H.B. 1217 Firearm safety education program; school boards to offer in elementary grades. Allows local school boards to offer firearm safety education programs in the elementary grades. To assist local school boards opting to provide such instruction, the Board of Education must establish a standardized program of firearm safety education for students in the elementary school grades to promote the protection and safety of children. The bill requires that the program objectives incorporate, among other principles of firearm safety, accident prevention and the rules of the National Rifle Association's Eddie Eagle Gunsafe Program. Local school boards offering the program must comply with Board curriculum guidelines and integrate the instruction in appropriate subject areas, if feasible, to ensure that every elementary school student receives instruction in firearm safety education. Subcommittee recommends reporting (5-Y 0-N)

H.B. 1379 Child-care facilities; local regulation of possession and storage of firearms, etc., at facilities. Provides that certain Northern Virginia localities may adopt local ordinances that regulate the possession and storage of firearms, ammunition, or components or combination thereof at child-care facilities, so long as such regulation is not more extensive in scope than comparable state regulations applicable to family day-care homes. Subcommittee recommends reporting with amendment(s) (5-Y 0-N)