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Friday, January 29, 2010

Results of Last Night's Militia and Police Subcommittee #1

It was a busy night for firearms bills last night at the General Assembly. Below is a summary of the Subcommittee's actions.

H.B. 8 Concealed handgun permits; renewal by mail. Subcommittee recommends reporting (5-Y 0-N).

H.B. 26 Concealed handgun permit; documentation and information provided by applicant. Clarifies that the clerk of court accepting a concealed handgun permit application shall not require the applicant to provide any documentation or information not required by § 18.2-308 or by the application form prescribed by the Department of State Police. Subcommittee recommends reporting (5-Y 0-N).

H.B. 52 Concealed handgun permit; failure to produce upon demand of a law-enforcement. Failure to carry concealed handgun permit. Provides that failure to produce, upon demand of a law-enforcement officer, a concealed handgun permit and a government-issued photo identification while carrying a concealed handgun is punishable by a $25 civil penalty. A court may waive this penalty if the person presents a valid concealed handgun permit and government-issued photo identification to the court. Subcommittee recommends reporting and referring to Committee for Courts of Justice.

H.B. 79 Concealed handgun permits; prohibits clerk of court from providing public access to applications. Prohibits a clerk of court from providing public access to concealed handgun permit applications and information regarding identifiable permittees without the written consent of the applicant or permittee. The applications and information would be available to law-enforcement agencies, and the clerk of court would be authorized to release aggregate information that does not identify individual applicants or permittees. Subcommittee recommends reporting (4-Y 0-N).

H.B. 108 Firearms; disposition of those acquired by localities. Provides that no locality may participate in any program in which individuals are given a thing of value in exchange for surrendering a firearm to the locality unless the governing body of the locality has enacted an ordinance authorizing the participation of the locality. The ordinance shall require that such firearms shall be sold by public auction or sealed bids to a person licensed as a dealer or be disposed of in any other appropriate manner. 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 record keeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records. No action taken.

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. No action taken.

H.B. 870 Concealed handgun permit; removes option for locality to require applicant to submit fingerprints. Subcommittee recommends reporting (3-Y 0-N).

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. No action taken.

H.B. 879 Firearms; locality may adopt an ordinance that prohibits thereof in libraries. Provides that a locality may adopt an ordinance that prohibits firearms, ammunition, or components or combination thereof in libraries owned or operated by the locality. Subcommittee recommends passing by indefinitely by voice vote.

H.B. 885 Concealed weapons; person may carry a handgun in a motor vehicle or boat if secured in compartment. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is secured in a container or compartment. Subcommittee recommends reporting with amendment(s) (3-Y 1-N)

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. No action taken.

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. No action taken.

H.B. 1209 Machine guns; Superintendent of VSP to be notified in writing of change of address 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. No action taken.

H.B. 1210 Carrying concealed handguns; judges. Allows a judge to carry a concealed handgun without a permit at all times. Currently, judges are authorized to carry a concealed handgun without a permit while in the discharge of their official duties. Subcommittee failed to recommend reporting (2-Y 3-N).

H.B. 1234 Criminal history record check; required to transfer firearm from firearms show vendor. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check. Subcommittee recommends passing by indefinitely by voice vote.

The full committee meets on Friday mornings at 9:00 AM. Last night's subcommittee action is not scheduled to be taken up at this morning's meeting. The committee convened at 8:30 to interview Secretary of Public Safety Marla Decker and Terrie Suit, Assistant to the Governor for Commonwealth Preparedness. It is expected that full committee action will take place at next week's meeting. Now is the time to contact committee members and urge them to support the pro-rights bills that were recommended for reporting to the full House.

Thursday, January 28, 2010

Long Gun Bill Agenda for Militia and Police Subcommittee 1

The House Militia, Police and Public Safety Subcommittee #1 will meet this evening at 05:00 PM and it will be a long meeting if they get to every bill on the posted agenda. There is no guarantee they will get to them all but below is a list of some of the more notable bills on the list:

H.B. 8 Concealed handgun permits; renewal by mail.

H.B. 26 Concealed handgun permit; documentation and information provided by applicant. Clarifies that the clerk of court accepting a concealed handgun permit application shall not require the applicant to provide any documentation or information not required by § 18.2-308 or by the application form prescribed by the Department of State Police.

H.B. 52 Concealed handgun permit; failure to produce upon demand of a law-enforcement.
Failure to carry concealed handgun permit. Provides that failure to produce, upon demand of a law-enforcement officer, a concealed handgun permit and a government-issued photo identification while carrying a concealed handgun is punishable by a $25 civil penalty. A court may waive this penalty if the person presents a valid concealed handgun permit and government-issued photo identification to the court.

H.B. 79 Concealed handgun permits; prohibits clerk of court from providing public access to applications. Prohibits a clerk of court from providing public access to concealed handgun permit applications and information regarding identifiable permittees without the written consent of the applicant or permittee. The applications and information would be available to law-enforcement agencies, and the clerk of court would be authorized to release aggregate information that does not identify individual applicants or permittees.

H.B. 108 Firearms; disposition of those acquired by localities. Provides that no locality may participate in any program in which individuals are given a thing of value in exchange for surrendering a firearm to the locality unless the governing body of the locality has enacted an ordinance authorizing the participation of the locality. The ordinance shall require that such firearms shall be sold by public auction or sealed bids to a person licensed as a dealer or be disposed of in any other appropriate manner.

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 record keeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records.

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.

H.B. 870 Concealed handgun permit; removes option for locality to require applicant to submit fingerprints.

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.

H.B. 879 Firearms; locality may adopt an ordinance that prohibits thereof in libraries. Provides that a locality may adopt an ordinance that prohibits firearms, ammunition, or components or combination thereof in libraries owned or operated by the locality.

H.B. 885 Concealed weapons; person may carry a handgun in a motor vehicle or boat if secured in compartment. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is secured in a container or compartment.

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.

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.

H.B. 1209 Machine guns; Superintendent of VSP to be notified in writing of change of address 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.

H.B. 1234 Criminal history record check; required to transfer firearm from firearms show vendor. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check.

These are just the important ones. This does not include the ones on which VSSA is neutral (i.e. bills that allow retired law enforcement to purchase their service firearms, etc). It is going to be a long night.

Wednesday, January 27, 2010

Castle Doctrine Legislation on Docket Today

The House Courts of Justice Criminal Subcommittee has scheduled a meeting for today and it will take place after the adjournment of the full Courts Committee. HB 251 and HB 854, two Castle Doctrine bills, are on the docket to be heard in the subcommittee. Castle Doctrine legislation has been a priority of VSSA of a number of years and a number of VSSA members regularly ask when Virginia is going to pass Castle legislation. Check back later this evening for an update on the subcommittee meeting.

Senate Local Courts Defeats Attack on Preemption

Yesterday, the Senate Local Government Committee defeated SB268 by a vote of 9 to 6. This bill would have created a patchwork of local gun restrictions by allowing local governments to pass ordinances banning firearms on property owned or leased by the locality. It would have also applied to access roads and parking areas for those facilities.

Please contact the following members of the Senate Local Government Committee and thank them for defeating SB268.

State Senator Emmett W. Hanger, Jr. (R-24)
(804) 698-7524
mailto:district24@senate.virginia.gov

State Senator Mark R. Herring (D-33)
(804) 698-7533
mailto:district33@senate.virginia.gov

State Senator Stephen H. Martin (R-11)
(804) 698-7511
mailto:district11@senate.virginia.gov

State Senator Mark D. Obenshain (R-26)
(804) 698-7526
mailto:district26@senate.virginia.gov

State Senator Frederick M. Quayle (R-13)
(804) 698-7513
mailto:district13@senate.virginia.gov

State Senator Wm. Roscoe Reynolds (D-20)
(804) 698-7520
mailto:district20@senate.virginia.gov

State Senator Frank M. Ruff, Jr. (R-15)
(804) 698-7515
mailto:district15@senate.virginia.gov%20

State Senator Ralph K. Smith (R-22)
(804) 698-7522
mailto:district22@senate.virginia.gov

State Senator Richard H. Stuart (R-28)
(804) 698-7528
district28@senate.virginia.gov

Monday, January 25, 2010

"Castle Doctrine" Bills Scheduled for Subcommittee Today

Two weeks into the General Assembly and we are starting to see quick action on some important legislation. Two pro gun bills are scheduled to be heard this afternoon in the House Courts of Justice Criminal Subcommittee. The subcommittee meets 1/2 hour after the session adjourns today.

Scheduled to be heard are HB 251 and HB 854. Both are versions of the "Castle Doctrine" and protects a person legally occupying a dwelling from civil liability when they use any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily injury.

Castle Doctrine legislation has passed the House in the past and died in the State Senate. This is a priority for VSSA and we will be working very hard on these bills.

UPDATE: No action was taken on these bills in subcommittee today.

Government Facilities Bill On Local Gov. Docket Tuesday

Senator Whipple's SB 268, a bill that would gut the Commonwealth's firearms preemption statute, is scheduled to be heard tomorrow in the Senate Committee on Local Government. Specifically, the bill would allow the governing body (Board of Supervisors, Town Council, City Council) to pass ordinances banning firearms on property owned or leased by the locality and used for governmental purposes.

The Committee meets at 2:00 PM in Senate Room B.

Gun owners need to call committee members and urge them to defeat the bill. You can find contact information for individual committee members by clicking on their name below. This will be a close vote and gun owners are urged to concentrate on Senator Fred Quayle as he will be the swing vote on this bill.

Lucas (Chairman), Marsh, Quayle, Martin, Hanger, Ticer, Reynolds, Puller, Ruff, Obenshain, Herring, Locke, Smith, Stuart, Marsden

Thursday, January 21, 2010

Sussex Board of Supervisors Will Not Hear Shooting Ordinance Tonight

The Sussex Board of Supervisors will not hear the shooting ordinance issue that was scheduled to be heard tonight. More information will be posted as it becomes available.

Wednesday, January 20, 2010

Bill Introduced To Give College Boards Power to Ban Firearms

Currently colleges and universities only have the power to control what their students and employees do related to regulating firearms on campus. But if a parent comes on campus to visit, and that parent has a concealed handgun permit, the institution has no power to prevent the parent from carrying while on the campus according to a 2006 Attorney General's Opinion. Delegate Luke Torian (D-Woodbridge) has introduced a bill (HB 1271) that would change that.

The 2006 opinion, issued by then Attorney General Bob McDonnell states:

Governing boards of Virginia’s public colleges and universities may not impose general prohibition on carrying of concealed weapons by permitted individuals.
Pursuant to specific grants of statutory authority, however, colleges and universities may regulate conduct of students and employees to prohibit them from carrying concealed weapons on campus.
HB 1271 would give the Board of Visitors or other governing body of a college or university the power to establish rules and regulations for the possession or transportation of firearms or ammunition by anyone on property owned or operated by the institution.

Senate Courts Meets Today

Senate Courts of Justice will meet today at 2:00 PM. There are only two firearm related bills on the docket.

SB 89 Firearms; petition to restore right to possess or transport to be served on attorney for State.

SB 331 Petition to restore right to possess, etc., firearm; notice to attorney for the Commonwealth.

Both bills deal with the restoration of rights of an individual acquitted of a crime by reason of insanity. VSSA is neutral on both bills at this time.

Tuesday, January 19, 2010

Obama Gets "F" Rating from Brady Campaign

I never thought I would see a candidate or an elected official get an "F" rating from the NRA and from the Brady Campaign but The Hill newspaper is reporting today that The Brady Campaign to Prevent Gun Violence has given President Obama a "failing grade" for "running away from gun control."

"It’s been a very disappointing year for us, especially considering what he campaigned on,” the group’s president, Paul Helmke, said during an appearance on
MSNBC.

“This year they ran away from the issue, and actually signed two repeals of good gun legislation,” said Helmke.

An administration spokesperson did not respond directly to the Brady news but had this lame answer regarding what they have done to fight crime:

The Recovery Act and the administration’s 2010 budget included a major investment in law enforcement, including billions in funding for communities to hire police officers and to improve their ability to fight crime...
I wonder if those new police hires mentioned were included in all those new jobs reported on Recovery.gov in non-existent congressional districts and zip codes that we keep hearing so much about?

It may get worse for Helmke and his group should Scott Brown pull off the upset of the century in the Massachusetts special election today. If you think congress critters are "gun shy" now, wait until they lose a seat they thought was theirs in perpetuity and they won't touch a controversial issue between now and election day 2010.

Monday, January 18, 2010

Gun Show Bills, Others, Surface at General Assembly

It took less than a week for bills attacking Virginia's gun shows to be introduced for the 2010 General Assembly Session. There are bills in both the House of Delegates and the State Senate. The Senate bill (SB 595) was introduced by Senator Louise Lucas. The House bill (HB 1234) was introduced by Delegate Jennifer McClellan. In the past two sessions, Richmond Senator Henry Marsh has been the champion of the anti-rights crowd, carrying their water to the bitter end. He apparently has had enough and passed the torch to Senator Lucas. The bill has only made it out of committee once and that was in the State Senate, only to be killed by the full Senate. It has always been a close vote. This year will be even closer as the make up of the Senate Courts of Justice Committee has changed for the worse with the departure of both Senators Ken Cuccinelli and Ken Stolle. Now the anti-rights forces can count on the vote of Senator Don McEachin. They will also be lobbying hard new committee member Chap Petersen. Gun owners need to stand ready to do battle on the gun show bill when it comes up in committee.

Other bills that have been introduced since Thursday include:

HB 1217 Firearm safety education program. This bill requires local school divisions to offer firearm safety education programs in the elementary grades. 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.

HB 995 Firearms; purchaser may present military identification card or concealed handgun permit. This bill allows a purchaser of an "assault firearm" 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. Currently, a purchaser has to provide a birth certificate to prove they are a citizen in order to purchase such a firearm.

Senate Courts Gets Anti-gun McEachin

The Senate Courts of Justice Committee has posted the names of the two new members of the committee to replace former State Senators Ken Cuccinelli and Ken Stolle. Both Cuccinelli and Stolle were pro-rights Senators with Cuccinelli being an NRA "A+" Senator. Their replacements are anything but "A" rated. Well, at least one. Senate Democrats have replaced Ken Cuccinelli with NRA "F" rated Don McEachin. Gun owners will remember that when McEachin ran for Attorney General in 2001 he ran on a platform that Virginia did not have enough gun control. He most certainly will be a yea vote for the gun show bill (introduced on January 13 by Senator Louise Lucas) when it is heard in the coming weeks.

Also joining Senate Courts is Senator Chap Petersen (Fairfax). Petersen is somewhat better than McEachin, having voted in favor of repealing the restaurant ban in both 2008 and 2009 as well as voting to override Tim Kaine's veto of the bill both years. But Petersen is only a "C" rated candidate when he ran in 2007. On the issue of gun shows, the record is a unclear. Looking back at Petersen's time in the House of Delegates, it is hard to determine just how he will vote in the Senate. As a member of the House Militia, Police and Public Safety Committee, he rarely had a chance to cast a meaningful vote on anti-gun legislation because the committee is stacked with pro-rights members so often times, the bad bills are Passed by Indefinitely (PBI) or stricken from the docket. Rarely do members of the committees oppose these motions unless the bill being killed in this manner are patroned by a member of the committee.

With this change in the make-up of Senate Courts, gun owners will be called upon often to make their voice heard to kill bad bills and to move good legislation forward. If you have not already signed up for the VSSA Legislative Email Alerts, you can do so here.

Thursday, January 14, 2010

Nation's Outdoor Sportsman Show At Dulles Expo Center

The Nation's Outdoor Sportsmen's Show is returning to the Dulles Expo Center in Chantilly, VA the weekend of January 22-24, 2010. Over 30 booths have been donated for use by nationally known conservation organizations for attendees to learn all about the great work being done by hunters and fisherman all across the country. These groups offer information on hunting lands, fair chase, stewardship management, migration maps, hunting and fishing seasons, and much more. There will also be incredible selection of outfitters, fishing charters, boating suppliers, and seminar presenters. Hundreds of booths will be filled with some of the country's best outdoor gear, coastal and inland fishing guides, and outfitters from around the world. Numerous nationally-known speakers will hold seminars to teach skills and share some great stories of their adventures and experiences. The Virinia Department of Game and Inland Fisheries (VDGIF) will have exhibits and staff to answer questions on agency programs, special training events, and opportunities to enjoy Virginia's great outdoors. For mor information visit the Nation's Outdoor Sportsmen's Show website.

Possible Bad News About Senate Courts of Justice

VSSA will be watching the make-up of the Senate Courts of Justice in these early days of the Session. Both Ken Stolle and Ken Cuccinelli are no longer on the committee. Rumor has it rather than filling the slots with one Republican and one Democrat (the Majority is entitled to an additional seat under proportional representation with the loss of the Cuccinelli set) talk is they may throw the proportional representation out the window and put two less than friendly Democrats on the committee.

Should this come to fruition, it could spell doom for a number of bills being introduced, not least of which would be repeal of the Restaurant Ban, and could breath new life into the gun show bill.

New Leadership for VSSA

Last night marked the end of my tenure as President of VSSA. After serving the maximum allowed two consecutive two year terms as President, I passed the gavel to Dave Myers. Dave has served a number of years as VSSA Vice President and will do an excellent job as the association's new leader. Dave was responsible for creating the highly successful reloading clinics put on around the Commonwealth last year. After his election, Dave reappointed our shooting discipline chairmen and asked me to be chairman of the Legislative Committee. The legislative post has been held for a number of years by long time board member Raymond Cahen. Ray did not seek re-election to the Board this year. Many of the legislative successes VSSA has enjoyed in the past are a direct result of Ray's diligent work to protect our rights.



As Legislative Chairman, I will continue to be the main contributor to the VSSA Blog, VSSA Twitter, and VSSA Facebook pages.

Day One of Assembly Brings More Pro-Gun Bills

More pro-gun bills were filed as the General Assembly opened yesterday. Some are duplicates of bills that had already been filed and some address the same issue with slight variations in the approach.

HB 854 Encodes a version of the "castle doctrine," allowing the use of physical force, including deadly force, against an intruder or attacker, with no duty to retreat and without criminal or civil liability.

HB 870 Removes the option for a locality to require that an applicant for a concealed handgun permit submit fingerprints as part of the application.

HB 885 Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is secured in a container or compartment.

HB 886 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.

HB 1070 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.

HB 1092 States that a retired law-enforcement officer who receives proof of consultation and favorable review to carry a concealed handgun without a concealed handgun permit shall have the same ability to carry a concealed handgun wherever he may travel in the Commonwealth as a law-enforcement officer authorized to carry a concealed handgun without a permit.

HB 1191 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.

HB 1210 Allows a judge to carry a concealed handgun without a permit at all times. Currently, judges are authorized to carry a concealed handgun without a permit while in the discharge of their official duties.

SB 334 Allows a person with a concealed handgun permit to carry a concealed handgun onto the premises of a restaurant or club and prohibits such person from consuming alcoholic beverages while on the premises. A person who consumes alcohol in violation of the provisions of the bill is guilty of a Class 2 misdemeanor and a person who becomes intoxicated in violation of the provisions of the bill is guilty of a Class 1 misdemeanor.

Additional anti-gun bills have also been filed.

HB 879 Provides that a locality may adopt an ordinance that prohibits firearms, ammunition, or components or combination thereof in libraries owned or operated by the locality.

HB 1209 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.

HB 1214 Prohibits a person from possessing an unloaded firearm that is in a closed container in or upon a motor vehicle located at a public elementary, middle, or high school or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle located at a public elementary, middle, or high school.

Be sure to sign up for our Twitter updates. As bills begin to move through the committee process to the floor VSSA can communicate the result quickly via this blog and Twitter.

Wednesday, January 13, 2010

More Firearms Bills Pre-filed, General Assembly Convenes Today

The General Assembly Convenes today at noon. More firearms legislation was also prefiled and posted on the Legislative Information System yesterday.

HB 251 Self-defense; person who lawfully occupies dwelling may use degree of force against an intruder (Castle Doctrine). Senate Courts has been the death of this bill in the past. We will be working hard for this bill this year in hopes of getting it out of the Senate and on Governor McDonnell's desk.

HB 475 Possession of firearms on school property; concealed handgun permits. This bill allows a person who has a valid concealed handgun permit to carry a concealed handgun in a part of a school building not being used for school-related functions or extracurricular activities and also allows persons with a valid concealed handgun permit to carry a concealed handgun while in a parking lot or traffic circle of a school, regardless of whether such person is in a vehicle. Current law only allows such a person to carry the concealed firearm in a parking lot or traffic circle while in a vehicle.

HB 489 Reorganizing the law related to concealed weapons and concealed handgun permits. This is a restructuring of the current CHP statute and does not make any changes in the law, just makes it easier to follow and understand.

HB 490 Concealed handgun; development of plan for issuance of lifetime permit by Virginia State Police. This would be a great improvement if we actually get a plan and implement lifetime permits. In a tough budget year, look for the State Police to balk, saying they would need additional money to create a plan in a year where they have laid off personnel. They have been known to say one thing in committee and work back channels to kill CHP improvements.

HB 505 Concealed handguns; restaurants. This bill repeals the ban on carrying concealed in
restaurants like Applebees, Olive Garden, and others that serve alcohol in addition to food. This bill differs from Delegate Cole's bill (HB 106) in that HB 505 only deals with the restaurant issue and prohibits consuming alcohol. Delegate Cole's bill combines the issue of restaurants and carrying in places of worship. Delegate Cole's bill also does not forbid the consuming of alcohol while carrying concealed in the restaurant.

The first overtly anti-gun bills have also been prefiled:

HB 520 Sale of firearms at firearms shows. This bill is a novel approach to close the non-existent "gun show loophole" by requiring any person who has a fixed location at a gun show to display and sell firearms and any person who sells three or more firearms at a gun show, regardless of whether he has a fixed location, to be licensed as a Virginia firearms dealer. The thing is, there currently is no such thing as a "Virginia firearms dealer" only Federal Firearms Dealer. So, Virginia would have to create a license.

SB 268 Dangerous weapons in government facilities. This bill totally guts pre-emption by allowing the governing body of any locality, by ordinance, to make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any facility that is owned or leased by that locality and used by it for governmental purposes.

Tuesday's Special Election Should Send Message

CQ Politics' Bill Pascoe (@wpascoe) makes a good point in his analysis of the results of yesterday's special election in the 37th Senate District.

Even as Republicans and conservatives approach giddiness and near euphoria over the state of the special election campaign for a U.S. Senate seat in Massachusetts, the results of a special election in northern Virginia yesterday should remind them not to take anything for granted.
Pascoe's point in the article was that just because the GOP won a major victory by sweeping all three statewide offices and picking up seats in the House of Delegates, you still have to do the work and turnout the vote. It is clear from the election returns that those inclined to support Hunt simply did not show up at the polls yesterday in those areas where they could have made a difference - precincts that Ken Cuccinelli carried in 2007.

According to blogger Not Larry Sabato - Hunt flipped several precincts that Cuccinelli's 2007 opponent carried but had little or no margin of victory in precincts that Cuccinelli carried. Hunt also was skunked in the absentee ballots, losing them by almost 500 votes in an election that he lost by a total of 317 votes.

The lesson Pascoe point's out to the GOP rings true for gun owners as well. Every election is important and we must be engaged in those races where we can make a difference.

Losing this seat will impact our cause in the State Senate. Marsden is an NRA "F" rated candidate. Depending on who the Democrats tap to fill what was Cuccinelli's seat on the Senate Courts of Justice Committee (they will now fill that seat by having an additional member in the Senate) will decide our chances of getting pro-rights legislation out of that committee. With Deeds going squishy on the gun show issue, one more anti-rights vote could get the gun show bill out of committee.

Tuesday, January 12, 2010

VSSA Legislative Tracking Form is Now Online

The 2010 General Assembly VSSA Legislative Tracking Form is now online. You can follow the progress of firearm related legislation by checking the form on a daily basis. When the status of legislation changes, it will be posted on the form at some point during the day. For almost instant updates gun owners should sign up to follow VSSA's Twitter feed as well as checking this blog. Updates can be posted quickly from remote locations by cell phone to both the blog and Twitter.

This should be a good session for gun owners and it is expected that gun owners will finally realize repeal of the ban on carrying concealed in restaurants like Applebees and others that serve alcohol in addition to food.

Could This Be the First GA Session Without A Gun Show Bill?

The Roanoke Times ran an article this morning detailing the changes that the new McDonnell Administration will bring when the new governor takes office on January 16th.

...And with Kaine departing, there is little political momentum for legislation to expand instant background checks at gun shows.
So far, there have been no overt anti-rights bills introduced for the 2010 Session. A couple dealing with restoration of rights are being opposed by some pro-rights activists but nothing directly dealing with the right to keep and bear arms has been pre-filed.

The General Assembly convenes at noon tomorrow.

Reminder - Vote in Today's Special Election

Just a quick reminder that if you live in either the 8th or 37th State Senate districts that you should vote TODAY for the VSSA and NRA endorsed nominees - Jeff McWaters and Steve Hunt. Both of these are special elections - which means that your vote will make a huge difference. Turnout for these elections will be low - so every vote counts. If you haven't done so already, please go vote TODAY!!!

The polls close at 7PM this evening and you vote in your normal polling location.

Please don't forget! It is essential that pro-rights legislators hold these two seats.

Congressman Forbes Seeks to Improve Law Enforcement Officers Safety Act

In October of last year, Congressman Randy Forbes (R-VA4th) introduced the Law Enforcement Officers Safety Act Improvements Act of 2009 ( H.R. 3752). The Bill Amends the federal criminal code to: (1) expand the definition of "law enforcement officers," for purposes of provisions authorizing such officers to carry concealed weapons, to include current and retired law enforcement officers of the Amtrak Police Department, the Federal Reserve System, the executive branch, and the Armed Forces; (2) allow law enforcement officers who are retired or who separated in good standing after at least ten years of service to carry a concealed weapon; and (3) expand the categories of law enforcement officers authorized to possess a fireman in a school zone to include retired law enforcement officers.

In a letter to Congressman Forbes announcing NRA's support for the legislation, Chuck Cunningham, Director of Federal Affairs for the NRA, said, “Since [LEOSA’s] enactment in 2004, it has become clear that officers have suffered from inconsistent certification processes from state to state. In many cases, the confusing process and bureaucratic red tape has complicated the implementation of the law. Your legislation proposes reasonable changes that will allow qualified active and retired law enforcement officers to comply more with the law.”

VSSA agrees with NRA and this bill if passed and signed into law will simplify what currently involves differing interpretations of the implementation of the law. This often leads some states to refuse to issue the required documentation for a retired law enforcement officer to carry concealed. H.R. 3752 would establish measures of uniformity by enabling a firearms instructor to certify that retired law enforcement officers meet the active duty standard for firearms training. This would allow law enforcement officers who are retired or who separated in good standing after at least ten years of service to carry a concealed weapon.

VSSA supports this important legislation and urges every Virginia gun owner to contact your congressman and encourage them to sign on as a co-sponsor of H.R. 3752.

Sussex County Shooting Range Conditional Use Permit

The Sussex County shooting range/conditional use permit issue will be back on the agenda for the Sussex County Board of Supervisors meeting on Thursday, January 21, 2010. The meeting is scheduled for 7:30 p.m. at the General District Courtroom of the Sussex Judicial Center, 15080 Courthouse Road, Sussex, VA 23884.

It it important that gun owners who live in, or shoot in Sussex County, continue fighting any changes in the current ordinance in Sussex County concerning shooting ranges. Don't let the talk of current ranges being grandfathered distract you, they would only be grandfathered as long as no changes are made to existing ranges. It is not uncommon for a range to expand or make changes during the course of operation.

A large turnout at this meeting is the best way to get the message across to the Supervisors and the Planning Commission that no changes are needed to the existing ordinance. If you cannot attend the meeting, contact the Board at the following:

Blackwater District
Wayne M. Harrell
406 Jasper Lane
Post Office Box 1
Waverly, Virginia 23890
Home: (804) 834-2603

Courthouse District
T. Wayne Birdsong
116 Nicholson Drive
Wakefield, Virginia 23888
Home: (757) 899-3806

Henry District
Rufus E. Tyler Sr., Vice-Chairman
25359 Blue Star Highway
Jarratt, Virginia 23867
Home: (434) 246-4246
Office: (434) 634-2490 or (804) 834-3522

Stony Creek District
Charlie E. Caple, Jr.
12038 Palestine Road
Stony Creek, Virginia 23882
Home: (434) 246-2602

Wakefield District
C. Eric Fly, Chairman
38411 Rocky Hock Road
Wakefield, Virginia 23888
Cell: (757) 647-8190
Email: cefly@seamcorp.net

Waverly District
Harris L. Parker
300 Barkley Place
P.O. Box 616
Waverly, Virginia 23890
Home: (804) 834-3136

Monday, January 11, 2010

Delegate Janis Introduces Pro-rights Bill

Delegate Bill Janis (and VSSA member) has once again introduced legislation that will prevent localities from preventing hunting near a subdivision. HB 236 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. But 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.

More localities are trying to pass legislation that restricts the right of gun owners and this includes attempts to limit our ability to hunt in localities where a subdivision may be placed in otherwise rural or low population density settings. Localities try "one size fits all" approaches with the goal of protecting home owners without looking at the unintended consequences. This important bill if passed will protect people and homes within a subdivision without adversely affecting the rights of sportsmen to hunt.

Delegate Janis introduced this bill in 2007 but it was killed in the State Senate using a parliamentary procedure. VSSA will be working hard for the bill's passage this year.

Hunters for the Hungry Annual Raffle

In these tough economic times, many people are in need of the basics like a good hot meal. There is one charity in Virginia that has a long record of working with sportsmen to make sure Virginians in need have a good source of hot protein rich meals. That charity is Hunters for the Hungry (H4H).

Many hunters are already familiar with H4H because they donate an additional $2 when purchasing their hunting license that goes to support H4H. Additionally, some support H4H through the Combined Federal Campaign (a giving program for federal employees) and the Commonwealth of Virginia Campaign (the giving program for employees of the Commonwealth of Virginia).

H4H is currently selling raffles tickets to raise funds to support the program and there are some great prizes. If you are interested in helping H4H by purchasing raffle tickets, you can contact them at 1-800-352-4868 or hunt4hungry@cs.com. Because of rules related to selling raffle tickets to raise money for a charity, H4H has specific requirements they must follow which will be explained when you call or forward your interest by email.

For a list of prizes, click here.

Friday, January 8, 2010

Glad Virginia Is Not Part of 1st Circuit

Found this over on Dave Hardy's Arms and the Law.

The First Circuit has ruled that an LEO can respond to a carrier of a concealed arm by throwing down on him, detaining him even after he produced a permit to so carry, and then seize the firearm despite the permit.
There are a couple of localities in Virginia that have a habit of harassing gun owners (Norfolk in particular and more recently Roanoke), particularly those who carry openly, and have been sued. Norfolk was required to pay $10,000 damages to one gun owner in July of 2009 to settle such a suit. If the we were in the 1st Circuit, Norfolk and other localities that are no particularly gun friendly may get away with their harassing.

Hat tip to Dave Hardy.

Delegate Scott Lingamfelter on NRA News.

Delegate Scott Lingamfelter was on Cam & Company last night talking about his bill to repeal handgun rationing (one gun-a-mongh). During the conversation he gave his web site where you can go and sign up for updates on how this and other bills he is sponsoring are progressing. While VSSA will keep all gun owners informed on every bill of interest during the General Assembly, feel free to go to http://www.va31st.com/ and sign up for his legislative updates for additional insights that Delegate Lingamfelter may have on this important legislation.

More Firearms Bills Prefiled

Two additional bills have been prefiled at the General Assembly:

HB 171 Firearms in locked vehicles; immunity from liability. This bill 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

SB 79 Concealed handgun permit applications; removes option for requiring fingerprints. The title of this bill is self explanatory.

Wednesday, January 6, 2010

Pro-rights Bills in General Assembly

The pre-filing time for the 2010 Session of the General Assembly continues. So far the bills being introduced related to firearms are pro-rights. I expect to see another attempt to end gun shows.

HB 8 Concealed handgun permits; renewal thereof by mail.
HB 26 Concealed handgun permit; documentation and information provided by applicant.
HB 32 Concealed handguns; possession by faculty members at state institutions of higher education.
HB 49 Handguns; repeals one-gun-a-month limitation.
HB 52 Concealed handgun permit; failure to produce upon demand of law-enforcement officer, penalty.
HB 54 Handgun; person with lawful possession may carry into courthouse used for non-judicial activities.
HB 69 Firearms, ammunition, etc.; those manufactured and retained in State not subject to federal law.
HB 72 Firearms; possession with intent to use on school property Class 1 misdemeanor.
HB 79 Concealed handgun permits; prohibits clerk of court from providing public access to applications.
HB 106 Carrying concealed handguns.
HB 108 Disposition of Firearms
HB 109 Certain firearms taxes; destruction of records.
HB 152 Electronic security employees; carrying concealed handguns.
SB 3 Concealed handgun permits; renewal thereof by mail.

Of note is HB 108 which again targets compensated confiscation schemes (so called "buy backs"). Governor Tim Kaine vetoed this last year. If we can get it through the Senate (this was no easy task last year) we should see the bill signed into law this year.

The General Assembly convenes on January 13th. This is the long session (60 Days).

McDonnell Names Domenech as Secretary of Natural Resources

Governor Elect Bob McDonnell today announced that Former Loudoun County Republican Committee Chairman Doug Domenech will serve as his Secretary of Natural Resources.

According to the McDonnell Press Release:

Mr. Domenech most recently served as the Acting Deputy Assistant Secretary of Insular Affairs where he managed U.S. relations with seven insular areas including US Territories of the Virgin Islands, Guam, American Samoa, Commonwealth of the Northern Mariana Islands and US Freely Associated States of Palau, Federated States of Micronesia, and the Marshall Islands. Policy issues addressed in this role included energy, security, economic development and health.

Prior to serving at the U.S. Department of the Interior, Mr. Domenech had a long career in forestry. Upon graduating from college he became the Acting Director of the Timber Harvesting Management Program at Alabama A&M University where he managed research funded by the USDA Forest Service and Tennessee Valley Authority. In 1981 he went to work for the Forest Resources Association, a national technical trade association which represents produces and consumers of raw wood material. He began as the Southwestern Division Forester in Jackson, MS, and then moved to become the Southeastern Division Forester in Charleston, SC. He later became the Director of Forestry Programs at the FRA’s headquarters in Washington, DC from 1990-1993.

Among the agencies under Domenech's domain is the Virginia Department of Game and Inland Fisheries - an agency near and dear to the hearts of sportsmen.

Monday, January 4, 2010

VSSA Endorses Jeff McWaters for State Senate

VSSA announces that it has endorsed Jeff McWaters in the special election to fill the vacate 8th District State Senate seat. The special election will be held January 12, 2010. Jeff is the best candidate to protect our Second Amendment rights. This tidbit from his web site accurately states his views on our basic right:

Jeff believes that additional regulations placed on gun dealers or gun shows will only make it more difficult for law abiding citizens to own guns—the criminals will still be able to obtain them on the street. Strict enforcement of existing laws, respect for human life, and allowing law-abiding citizens to protect their persons and their homes will do more to deter crimes involving firearms than adding more gun control laws to the books.

Jeff is running to replace former State Senator Ken Stolle, who was elected Virginia Beach Sheriff on November 3rd.

All gun owners living in the 8th Senate District are encouraged to contact Jeff's campaign and volunteer to help him in this final week leading up to next Tuesday's special election. You can find contact information by clicking here.

Cleaning Your AR Rifle

It is a safe bet that there are a lot of new owners of AR sporting rifles with the huge increase in sales the last 12 - 15 months. I found this video over at My Outdoor TV that may be helpful to folks when it is time to clean your rifle.


Saturday, January 2, 2010

VSSA Endorses Steve Hunt for State Senate

The Virginia Shooting Sports Association is proud to endorse Steve Hunt in the special election to fill the vacate seat in the 37th State Senate District. The 37th District was previously represented by Attorney General Elect Ken Cuccinelli, who won his race for Attorney General in November.

Steve believes that every citizen has basic human rights that are guarenteed by the Constitution and among them is the right to defend his and his family's life through the right to keep and bear arms.

VSSA urges every gun owner living in the 37th Senate District to contact Steve Hunt's campaign to find out how you can volunteer. Most importantly, be sure to vote in the special election on January 12th.

You can contact the Hunt campaign at 703-502-0633.