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Thursday, February 12, 2015

Gun Show Floor Amendment to Budget Defeated in House

Earlier today, Delegate David Toscano proposed an amendment to the House Budget that would have provided money for private sellers to use the State Police to conduct voluntary background checks on firearms they sell at gun shows.  The amendment is below:
Chief Patron: Toscano
Item 413 #7h
Public Safety
Department Of State Police

Page 360, after line 35, insert:
"H.1. Notwithstanding any provisions of the Code of Virginia, the Department of State Police shall be available at every firearms show held in the Commonwealth to make determinations in accordance with the procedures set out in § 18.2-309.2:2 of whether a prospective purchaser or transferee is prohibited under state or federal law from possessing a firearm. The Department of State Police shall establish policies and procedures in accordance with 28 C.F.R § 25.6 to permit such determination to be made by the Department of State Police. Unless otherwise required by state or federal law, any party involved in the transaction may decide whether or not to have such a determination made. The Department of State Police may charge a reasonable fee for the determination.
2. The promoter, as defined in § 54.1-4201, shall give the Department of State Police notice of the time and location of a firearms show at least 30 days prior to the show. The promoter shall provide the Department of State Police with adequate space, at no charge, to conduct such prohibition determinations. The promoter shall ensure that a notice that such determinations are available is prominently displayed at the show.
3. No person who sells or transfers a firearm at a firearms show after receiving a determination from the Department of State Police that the purchaser or transferee is not prohibited by state or federal law from possessing a firearm shall be liable for selling or transferring a firearm to such person.
4. The provisions of § 18.2-308.2:2 including definitions, procedures, and prohibitions shall apply, mutatis mutandis, to the above provisions."
The amendment failed on a vote of 35-63.

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