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Tuesday, June 28, 2011

New Gun Laws Effective Friday July 1

July 1st is the day legislation that was passed by the General Assembly and signed by the Governor becomes law.  There are several new laws of interest to gun owners and sportsmen that become law Friday.  They are:

HB 1411: This bill provides that a person convicted of reckless handling of a firearm while hunting may lose their right to hunt and trap for a period of 1 to 5 years.  Current law allows up to a lifetime hunting and trapping prohibition for a first conviction of reckless handling of a firearm while hunting.

HB1422/SB 839: This bill amends Virginia’s Homestead laws to add one firearm, not to exceed $3,000 in value, to the list of items that every householder shall be entitled to hold exempt from creditor process.  

HB 1552: This bill amends the language relating to the issuance of de facto concealed handgun permits. Current law states that if a court does not issue a permit or find that the applicant is disqualified, within 45 days of receipt of the application, the clerk is to certify the application and send it to the applicant. The certified application then serves as a de facto permit until the actual permit is issued or the applicant is found to be disqualified. The bill states that the clerk must mail or e-mail the certified application to the applicant within five business days of the expiration of the 45-day period.  Also, a friendly amendment added to HB 1552 will now provide delivery of the certified temporary application by electronic mail. 

HB 1856: This bill allows a concealed handgun permit holder to obtain a replacement permit in the event that the original permit is lost or destroyed. The permit holder would be required to submit a notarized statement to the clerk of the court that the permit was lost or destroyed and pay a fee not to exceed $5, and the clerk would be required to issue a replacement permit within 10 business days. The replacement permit will have the same expiration date as the original permit.

HB 1857This bill clarifies that a member of the military may provide permanent orders assigning him to the Pentagon for purposes of providing documentation of residency when purchasing a firearm from a licensed dealer.  It corrects a problem caused by the federal government where some military personnel who are attempting to purchase a firearm in the Commonwealth are being turned away because their permanent duty orders have assigned them to the Pentagon, which lists its official address in Washington, D.C., despite being located in Virginia. HB 1857 will clarify existing law and include the permanent orders to the Pentagon as criteria for required documentation of residence.

SB1213/HB 1501: Provides that the State Board of Elections, in cooperation with the Department of Game and Inland Fisheries, will make mail voter registration application forms available where hunting and fishing licenses are sold.

SB 757: This bill allows an individual to shoot an air rifle (BB, Airsoft or Paintball guns) on private property with permission of the property owner, as long as they take reasonable care to ensure the projectile does not cross property boundaries.  Any local ordinances that do not allow this exception will be pre-empted.  A number of localities (i.e. Fairfax and Blacksburg) have already begun amending their local ordinances to bring them into compliance with the new law. 

HB 2370This bill authorizes the Board of Game and Inland Fisheries to issue multiple-year hunting, fishing, or trapping licenses or permits. The costs of these types of licenses cannot exceed the costs of the permits or licenses if they were purchased on an annual basis.

HB 2415: This bill establishes a special hunting license for resident and nonresident veterans who have a service-connected disability of at least 70 percent as rated by the U.S. Department of Veterans Affairs. The resident veterans will pay one-half the cost of the annual state basic hunting license and the nonresident veterans will pay one-half the cost of the nonresident basic hunting license.

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