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Thursday, January 29, 2015

House Subcommittee Kills McAuliffe's Gun Bills

Tonight the House Militia, Police and Public Safety Subcommittee #1 took up eleven bills that were part of Governor McAuliffe's gun control agenda and defeated all of them. Below is the list of bills that were defeated:

HB1548 Concealed handgun permit; revocation of permit if delinquent in child support
HB1904 Firearms; penalty when accessible by children
HB1909 Firearms magazines, certain; prohibition of sale, transfer, etc
HB1997 Purchase of handguns; limitation on handgun purchases; penalty.
HB1923 Firearm transfers; criminal history record information checks,
HB2085 Firearms; purchase, possession, or transportation following certain misdemeanor convictions
HB1604 Firearms; criminal history record information check, penalties.
HB1864 Firearms show; State Police list of vendors or exhibitors
HB1671 Purchase of handguns; limitation on handgun purchases; penalty.
HB1801 Firearms; display or distribution of information at shows.
HB2232 Purchase, etc., of ammunition by persons involuntarily admitted

There are still some bad bills remaining in the subcommittee and all of the pro-rights bills are waiting to be considered.  Be sure to check the VSSA Legislative Tracking Form for the lastest information on the 2015 Session.

Glock's New Modular Optic System

Virginia native and member of the Team Glock Shooting Team, Tori Nonaka, discusses Glock’s new Modular Optic System (MOS) during the 2015 Shot Show Industry Day at the Range.  According to GunsandAmmo.com, Glock’s new MOS makes it easier to mount common MRDS optics such as the Trijicon RMR and Leopold DeltaPoint.

The MOS will be offered initially on four models:
9mm G34
.40 S&M G35
.45 ACP G41
New 10mm G40 pistol



Benelli's New 828U

A lot of new products were unveiled last week at Shot Show.  One of the new firearms getting a lot of ink is Benelli's New 828U over/under shotgun.  Author and champion shooter Julie Golob wrote:
While the 828U may seem like a departure from the Benelli line of semi-automatic shotguns for which the brand has earned its loyal following, the company’s devotion to customer preference and legacy of pushing both the design and performance envelope made the decision to produce the 828U a natural for the company.
NRA's Shawn Skipper wrote:
When you see an over/under with a walnut stock, you're not often thinking of a "modern" shotgun—but that's still what Benelli delivered. The 828U is as contemporary and practical as you're going to find within its market. It feature  an auto-safety, easy-operating opening lever and steel lock-plate opening system, paired with impulse-driven ejection. Floating crio barrels and crio chokes, weight-reducing carbon fiber rib and a high-grade alloy receiver compliment the walnut stock and forearm. Durable steel-on-steel hinges, removable guard and easy-to-remove trigger system make for easy cleanup.
Shawn got the chance to speak with shotgun expert Pat Kelly about the 828U at the Shot Show Media Day at the Range.
The firearm comes it at $2,999 for the nickel-engraved version or  $2,499 for the black anodized model.

Courts of Justice Reconsiders Bill Taking Away Rights for Misdemeanor Convictions

In what the Richmond Times-Dispatch called a "surprising reversal of fortune," Senate Courts of Justice reversed Monday's action on SB 943, Senator Barbara A. Favola's bill prohibiting possession or transportation of a firearm when an individual has certain misdemeanor convictions.

On Monday, it appeared that the bill had been reported and referred to Senate Finance.  But when votes were posted on the Legislative Information System (LIS), the vote count was reported as having failed 4-10.  The gun ban lobby cried foul and Courts took the matter back up in their meeting yesterday:
Angered and surprised, gun control advocates cried foul. The ensuing brouhaha persuaded Norment to let Favola present her bill to the committee at its meeting Wednesday.

This time, the bill — which was amended to allow people convicted of misdemeanor domestic violence to seek gun rights reinstatement after one year, rather than five years — drew support from a number of Republicans on the GOP-controlled committee who were listed in opposition just two days earlier.

The measure passed 10-4 and was referred to the Senate Finance Committee. It must consider the measure’s financial impact and advance the legislation before it can be heard in the full Senate.
VSSA is discussing the changes with the legislative team to determine if the provision for a one-year reinstatement appeal process makes the bill more acceptable.  For now, VSSA remains opposed to taking away constitutions rights for misdemeanor convictions.

Wednesday, January 28, 2015

Firearm Related Bills on the Docket in Militia, Police and Public Safety Subcommittee on Thursday.

The House Militia, Police and Public Safety Subcommittee #1 will meet tomorrow afternoon at 4:00PM and VSSA's lobbying team will be there.  The bills on the docket are all anti-rights:

H.B. 1548 Concealed handgun permit; revocation of permit if delinquent in child support payments.
Patron: Hope
Revocation of concealed handgun permit; delinquency in child support payments. Provides for the revocation of an individual's concealed handgun permit if such individual (i) has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings or (ii) is delinquent in the payment of child support by 90 days or more or in an amount of $5,000 or more. If the obligor remedies the delinquency, reaches an agreement with the obligee or Department of Social Services to remedy the delinquency, or complies with the subpoena, summons, or warrant, he may reapply for a concealed weapons permit.

H.B. 1604 Firearms; criminal history record information check, penalties. Patron: Plum
Transfer of firearms; criminal history record information check; penalties. Adds a definition of "firearms show vendor" or "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 requires that the promoter of a firearms show provide vendors access to licensed dealers who will conduct the criminal history record information check.

H.B. 1671 Purchase of handguns; limitation on handgun purchases; penalty. Patron: Simon
Purchase of handguns; limitation on handgun purchases; penalty. Prohibits individuals who are not licensed firearms dealers from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) law-enforcement agencies and officers, (ii) state and local correctional facilities, (iii) licensed private security companies, (iv) persons who hold a valid Virginia concealed handgun permit, (v) persons whose handgun has been lost or stolen or who are trading in a handgun, (vi) purchases of handguns in a private sale, and (vii) purchases of antique firearms.

H.B. 1801 Firearms; display or distribution of information at shows. Patron: Spruill
Display or distribution of information at firearms shows. Requires a vendor or exhibitor at firearms shows to display at his booth or table a sign that contains his full legal name, the name and address of the business, if applicable, and his telephone number. The bill also provides that no vendor or exhibitor in the show may advertise that he is not required to obtain criminal history record information for potential customers or any other substantially similar statement.

H.B. 1864 Firearms show; State Police list of vendors or exhibitors. Patron: Rasoul
Firearms show; State Police list of vendors or exhibitors. Requires a promoter of a firearms show to include in his list of vendors or exhibitors submitted to State Police information regarding whether a vendor or exhibitor was selling or transferring a firearm and the vendor or exhibitor's dealer identification number, if applicable.

H.B. 1904 Firearms; penalty when accessible by children. Patron: Lopez
Firearms; access by children; penalty. Provides that it is a Class 1 misdemeanor to knowingly authorize a child age four or younger to use a firearm or pneumatic gun.

H.B. 1909 Firearms magazines, certain; prohibition of sale, transfer, etc., penalty. Patron: Lopez
Prohibition of sale, transfer, etc., of certain firearms magazines; fine. Provides that any person, corporation, or other entity that manufactures, imports, possesses, purchases, sells, or transfers any large capacity magazine shall be subject to a $250 fine. The bill provides for exceptions to the prohibition, including the owner's registration with the Department of State Police following a criminal history record information check. The willful or intentional making of a materially false statement on the consent form required by the processes required for a criminal history record information check will subject the person making such statement to a $250 fine. The bill also provides that a registrant is limited to three large capacity magazines and must otherwise dispose of all magazines in excess of the limit. Finally, the bill outlines the registration process for anyone who owns a large capacity magazine.

H.B. 1923 Firearm transfers; criminal history record information checks, penalty. Patron: Murphy
Transfer of firearms; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells a firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, and transfers by the executor or administrator of an estate or by the trustee of a testamentary trust.

H.B. 1997 Purchase of handguns; limitation on handgun purchases; penalty. Patron: Morrissey
Purchase of handguns; limitation on handgun purchases; penalty. Prohibits individuals who are not licensed firearms dealers from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) law-enforcement agencies and officers, (ii) state and local correctional facilities, (iii) licensed private security companies, (iv) persons who hold a valid Virginia concealed handgun permit, (v) persons whose handgun has been lost or stolen or who are trading in a handgun, (vi) purchases of handguns in a private sale, and (vii) purchases of antique firearms.

H.B. 2085 Firearms; purchase, possession, or transportation following convictions for certain misdemeanors. Patron: Murphy
Purchase, possession, or transportation of firearms following convictions for certain misdemeanor crimes; restoration of rights; penalty. Prohibits a person who has been convicted of stalking, sexual battery, assault and battery of a family or household member, brandishing a firearm, or two or more convictions of assault and battery from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crimes may petition the circuit court for a reinstatement of his rights to purchase, possess or transport a firearm.

H.B. 2232 Persons involuntarily admitted or ordered to outpatient treatment; purchase, etc., ammunition. Patron: Surovell
Purchase, etc., of ammunition by persons involuntarily admitted or ordered to outpatient treatment; penalty. Provides that it is a Class 1 misdemeanor for a person who has been involuntarily admitted or ordered to outpatient treatment or who agreed to voluntary admission after being the subject of a temporary detention order to purchase, possess, or transport ammunition for a firearm. Current law only applies to the purchase, possession, or transportation of the firearm itself.

Keep up with the results live by following VSSA's Twitter and Facebook feeds.

Are Lifetime Concealed Handgun Permits Right for You?

There are currently two bills in the General Assembly (one in the House of Delegates and one in the State Senate) that would create lifetime concealed handgun permits.  The House version (HB 1359) has not been acted on in committee.  The Senate Bill, SB 689 reported out of committee on Monday and should be up on final passage Thursday or Friday. The Senate bill gives applicants the choice of either the current five year permit, or a lifetime permit.  You may ask why the choice; wouldn't everyone want the lifetime option?

After the first VSSA legislative email alert went out last week, I received a reply from a VSSA Life Member who currently lives in South Carolina.  He's an FFL and said that in South Carolina, a concealed carry permit holder does not have to undergo a background check when they purchase a firearm because the South Carolina permit qualifies for a NICS check exemption (US Code Title 27 Chapter 478.102 (d)(1)(ii)).  That exemption requires that a NICS check is done at least once every five years.  Currently in Virginia, CHP background checks go through the State Police so Virginia does not qualify for the background check exemption.  If SB 689 passes, that could change.

SB 689 includes a provision that five-year permits also undergo a NICS background check in the processing. Also, there is a House Bill 2029 that would change Virginia's background check law to allow CHP holders to be exempt from the background check when purchasing a firearm in accordance with the above referenced exemption.

So, if a Virginia gun owner wants to be exempt from undergoing a background check every time they purchase a firearm, they would need to continue with the current five-year permit.  But, if SB 689 passes, you will also have the option of having a permit for life, you'll just have to continue going through the background check when you buy a firearm from an FFL.

House Democratic Caucus Compares Gun Laws to Rules on Flags, Balloons, at Capitol

Trying to gain some attention to pass gun control, PolitiFact notes that the House Democratic Caucus has come up with an online petition and graphic to show that Virginia's gun laws are "awry."
The online entreaty calls for "common sense gun laws" and, to foster the contention that Virginia’s firearm policies are awry, contains a white and blue graphic of some of the rules regarding public entrance to the state capitol.

On the left side of the graphic is the headline "Banned in the Virginia State Capitol." Underneath are pictures of a bullhorn, a trumpet, a floating helium balloon and an American flag on a pole.

The right side says, "Allowed in the Virginia State Capitol." Underneath are pictures of a handgun, a rifle, and two assault guns.

"How does this make sense?" the bottom of the chart asks in capital letters.
PolitiFact checked the rules and made some calls and found that for the most part, the claim about the rules was mostly true.  That doesn't mean our "firearm policies are awry."  It just means we have a right to keep and bear arms that is stated in both the Constitution of Virginia and the U.S. Constitution.  There are no such pronouncements for bullhorns, balloons, or even flags on a pole.

Tuesday, January 27, 2015

Richmonder Earns Spot on US National Rifle Team

The Richmond Times Dispatch reports that Hannah Black, a 20-year-old Richmond resident earned a berth on the U.S. National Rifle Team earlier this month, moving a step closer to the 2016 Summer Olympics by winning the 50-meter three-position smallbore competition at an elite match hosted by USA Shooting.
She did so with a display of pressure marksmanship that even Annie Oakley would have admired. Black, a Texas Christian University junior, scored 591 of a possible 600 points on the second day — the finals — of the two-day meet. She set a U.S. record and missed the world record by one point.

Black said her second-day performance at the Olympic Training Center in Colorado Springs “just seemed to fly by.”
Black, who was home-schooled, credits her success in the sport to the time she spent in dance classes during her high school years. 
Dance, she said, enhanced her physical arsenal by improving not only her balance but also her flexibility and core strength — key assets in a sport in which a nerve twitch or muscle tremor can spoil a shot.
She led TCU in aggregate scoring (smallbore and air rifle) at the 2014 NCAA championships.  VSSA wishes Hannah much success as she continues on the road to the 2016 Olympics.

Proof No Bill Is Truely Dead Until It Has Died Twice

The saying that legislation is not dead until it has died twice has been proven true in the case of SB 943.  Yesterday, the VSSA legislative team reported live from Senate Courts of Justice that the bill, which would prohibit a person who has been convicted of stalking, assault and battery of a family or household member, or sexual battery from possessing or transporting a firearm, had been reported and referred to Senate Finance.  When the final votes were posted by the Senate clerk's office, the vote total indicated the bill had been soundly defeated.  Anti-rights advocates have cried foul and the Washington Post reports today that the bill will be voted on again in a future Senate Courts meeting:
Senate Majority Leader Thomas K. Norment (R-James City) voted for the bill in committee and said it had passed. But the bill was later recorded as having failed in a 10-to-5 vote, with Sen. John S. Edwards (D-Roanoke City) joining all the committee’s Republicans in opposition. Norment said he had misspoke, but also that he had later incorrectly been listed as opposing the bill.

Senate Democrats said in a statement Monday that Sen. Jill Holtzman Vogel (R-Fauquier) and Sen. Ryan T. McDougle (R-Hanover) appeared to have changed their votes, citing a video of the voice and hand vote that is unclear. Both said they had opposed the bill in committee.
It's not the first time that a bill has come back to life after being defeated.

Monday, January 26, 2015

NSSF Shot Show State of the Industry Address

In the event you did not see this last week:

All Anti-rights Bills Defeated in Senate Courts of Justice

After almost four hours, Senate Courts of Justice wrapped up a meeting that was dominated by consideration of firearm related bills.  The Committee defeated all of the anti-rights bills before the committee and move forward a handful of pro-rights bills. 

Update: At the time this was originally posted, it appeared that SB943 had passed the committee and been referred to Finance but a full vote recount was done and it failed miserably, so all of the bad bills heard today died.
Below is the list of bills bad bills that failed in Senate Courts this morning:

SB 768 - McEachin bill outlawing private sales - Defeated.
SB 798 Reinstating handgun rationing - Defeated.

SB 909 Prohibiting anyone subject to a protective order from possessing a firearm, without the protections of due process - Defeated.

SB 943: Prohibits a person who has been convicted of stalking, assault and battery of a family or household member, or sexual battery from possessing or transporting a firearm. - Defeated*

SB 993 Prohibiting private transfer of firearms - Defeated.

SB 1108 - Revocation of CHP for delinquent child support - Defeated.
SB1178 Containing numerous anti-rights provisions - Defeated

SB 1179 Criminalize teaching children 4 or younger to use firearms or BB guns - Defeated.
 
SB 1429: Removal of firearms without due process by law enforcement or commonwealth attorney from persons posing substantial risk - Defeated.
There were also some good bills that were reported out of committee:

SB 689 - Lifetime CHPs -  Reported and referred to Senate Finance.
SB 1132 - Exception to the crime of possessing a firearm on school property if a person has a valid concealed handgun permit and possession of a concealed handgun occurs outside normal school hours. The bill also provides an exception if a person with a concealed handgun permit stores a concealed handgun in a motor vehicle in a parking lot, traffic circle or other means of vehicular ingress or egress to the school; current law allows possession while the person is in the motor vehicle in one of those areas.  - Reported.
SB1137 - Provides that lawful concealed carry permit holders shall not be subject to the provisions of certain local ordinances that make it unlawful for any person to transport, possess, or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality - Reported
SB1155 - Replaces current requirements that law-enforcement agencies report information regarding confiscated firearms to the Department of State Police with a requirement that information be reported to a firearms tracing system maintained by the U.S. Department of Justice. The bill requires law-enforcement agencies to return stolen firearms to the rightful owner unless the person is prohibited from possessing the firearm or it is needed in a criminal prosecution. - Reported 
SB1191 - Amends statute that makes it a Class 6 felony to possess a firearm on school property or school bus to require that the person must have knowingly possessed the firearm- Reported

Finally, Senator Dick Black's bill  (SB 828) that would have allowed firearms on the property of private and religious schools was stricken from the docket.

All of the bills reported this morning with the exception of SB 943 and SB 689 are headed to the full Senate for a final vote that will likely take place Wednesday or Thursday.  SB 943 and SB 689 must be taken up in Senate Finance to determine their fiscal impact.

Please contact your state senator and urge him or her to vote for the list of good bills above.


*Note: This is an edited version of a post from January 26th. When this was originally posted, based on initial votes in the committee, it was believed SB 943 had been reported by the committee and referred to Senate Finance.  VSSA tweeted live as did another gun rights group and gun ban advocate that the bill had reported.  When the votes were posted by the Senate clerks office, SB943 had been soundly defeated.  The Washington Post reported on January 27 that due to the confusion, the committee will vote on the bill a second time.
 

Saturday, January 24, 2015

State Senate Passes Two Pro-Rights Bills

Yesterday, the State Senate approved two bills of interest to gun owners.  First was SB848, the Governor's Twenty marksmanship award.  SB 848 establishes the "Governor's Twenty" marksmanship award to recognize the top 20 competitors in each of the rifle and pistol matches conducted at the annual Virginia State Championships conducted by the Virginia Shooting Sports Association.   The bill passed 40-0.

Also approved yesterday was SB 948, Senator Stuarts bill that prohibits the Virginia Criminal Information Network from sharing information about Virginia CHP holders with law enforcement in states that do not have reciprocity agreements with Virginia.  This bill will prevents states like Maryland and New Jersey from going on fishing expeditions if a Virginian is simply stopped for routine traffic violations and the law enforcement agency that stopped them learned they have concealed handgun permits.  SB 948 passed 24-19 with three Democrats, Senator John Edwards, Senator Charles "Chuck" Colgan and Senator Linwood Lewis, joining all 21 Republicans.  During committee hearing of the bill, anti-rights State Senator Dick Saslaw said the Governor would veto the bill if it reached his desk.  We'll see.

Both bills now move to the House of Delegates.

Please contact your state Senator and thank them for voting for SB 848, and if they voted for SB 948, please let them know you appreciate their vote for that too.

Big Day for Gun Bills in Monday's Senate Courts of Justice Committee

As has been the practice for the last couple of years, the Senate Courts of Justice plans to deal with gun bills in one meeting, that that day is this Monday morning beginning at 8:00 AM.  Below is the list of bills that are on the docket:

Pro-Rights Bills:
SB 689: Senator Black's bill that maintains the current five year Concealed Handgun Permit (CHP) but adds the option of a permit that does not expire unless revoked or suspended. 
SB 828: Also sponsored by Senator Black, would allow the possession of firearms on private and religious school property.
SB 1132: Sponsored by pro-rights Senator Tom Garrett, would allow a person with a valid CHP to carry on school grounds after hours, or store a concealed handgun in a motor vehicle in the parking lot.
SB 1137: Also sponsored by Senator Garrett would prohibit local ordinances that ban CHP holders from transporting a loaded rifle or shotgun, eliminating a patchwork of inconsistent laws that are unnecessarily confusing for law-abiding citizens.
SB 1191: Sponsored by Senator Tommy Norment, would amend the felony charge for having a firearm on school property to require that the person must have knowingly possessed the firearm.

Anti-Rights Bills:
SB 694: Sponsored by anti-rights Senator David Marsden, purports to close the non-existent "gun show loophole." 
SB 768: Sponsored by anti-rights Senator Don McEachin, would criminalize all private firearm sales or transfers to anyone outside of immediate family members.  The bill would make it a Class 2 misdemeanor for individuals to buy, sell, trade or transfer a firearm to individuals who are not a licensed dealer.
SB 798: Sponsored by anti-rights Senator Mamie Locke, would re-impose gun rationing in Virginia, even though crime has continued to be at historic lows since gun rationing was repealed in 2012.
SB 909: Sponsored by anti-rights Senator Janet Howell, would prohibit anyone subject to a protective order from possessing a firearm, without the protections of due process.  VSSA believes that revocation of an individual’s constitutional right should be subject to due process, not accusations that lack being substantiated through some form of judicial review.
SB 912: Sponsored by anti-rights Senator Jennifer Wexton, would create a ninety-day firearms restriction period for anyone subject to an emergency custody order, without due process of law.
SB 943: Sponsored by anti-rights Senator Barbara Favola, expands “prohibited persons” for ownership and possession of a firearm to individuals convicted of certain misdemeanors.  VSSA believes that misdemeanors convictions should not cause a person to lose their constitutional rights.
SB 993: Sponsored by anti-rights Senator Louise Lucas, would change certain definitions related to gun shows in order to prohibit private sales of firearms.
SB 1108: Sponsored by anti-rights enator Linda (Toddy) Puller, would revoke the CHP of those who are ninety days or $5,000 delinquent on their child support payments.  Being behind on child-support payments is not relevant to your constitutional right to defend yourself and does not indicate that you are a violent person or a danger to others.  Likewise, misdemeanor offenses should not warrant the permanent loss of Second Amendment rights when no other civil right is lost in the Commonwealth for conviction of misdemeanor offenses.  
SB 1178: Sponsored by anti-rights Senator Adam Ebbin, includes numerous anti-rights provisions, including the criminalization of private firearm transfers, repealing CHP holder confidentiality and allows a person to be held civilly liable for injury or death of another resulting from the use of a firearm by a child under the age of 14.
SB 1179: Also sponsored by Senator Ebbin, makes it a Class 1 misdemeanor to knowingly authorize a child age four or younger to use a firearm or pneumatic gun when it should be up to the parent to decide when their child is mature and physically strong enough to learn about firearm safety.
SB 1215: also sponsored by Senator Ebbin  would criminalize the sale of any ivory or ivory product, making sales of previously legally acquired ivory and horn products a serious felony, even if the seller was ignorant of the law and presumed the item’s original lawful acquisition shielded it from the scope of regulation.  This would impact the sale and trade of some of America’s most historically-significant and collectable guns.

Please contact the following members of the Senate Courts of Justice committee and urge them to support the pro-rights bills listed above and to oppose the anti-rights bills.

Senator Thomas Norment (R-3), Co-Chairman
Email: district03@senate.virginia.gov

Phone: (806) 698-7503
Senator Mark Obenshain (R-26), Co-Chairman
Email: district26@senate.virginia.gov

Phone: (804) 698-7526
Senator John Edwards (D-21)
Email: district21@senate.virginia.gov

Phone: (804) 698-7521
Senator Ryan McDougle (R-4)
Email: district04@senate.virginia.gov

Phone: (804) 698-7504
Senator Richard Stuart (R-28)
Email: district28@senate.virginia.gov

Phone: (804) 698-7528
Senator Jill Holtzman Vogel (R-27)
Email: district27@senate.virginia.gov
Phone: (804) 698-7527
Senator William Stanley (R-20)
Email: district20@senate.virginia.gov
Phone: (804) 698-7520
Senator Bryce Reeves (R-17)
Email: district17@senate.virginia.gov
Phone: (804) 698-7517
Senator Thomas Garrett (R-22)
Email: district22@senate.virginia.gov
Phone: (804) 698-7522
Senator Benton Chafin (R-38)
Email: district38@senate.virginia.gov
Phone: (804) 698-7538

Monday, January 19, 2015

CHP Holder Privacy Bill Reported out of Senate Courts

Senator Richard Stuart's SB948 reported out of Senate Courts this morning on a vote of 10-4.  SB948 provides that information on concealed handgun holders in the Virginia Criminal Information Network may not be shared with law enforcement in states that do not have reciprocity agreements with Virginia for the carrying of concealed handguns.   This bill will prevent states like New Jersey and Maryland, states that are very unfriendly to gun owners, from going on fishing expeditions in the event they involved in a routine traffic stop.

During discussion of the bill it was learned that the Fraternal Order of Police opposes the bill.  Senator Saslaw, apparently a spokesman for the Governor, said if the bill passes, Governor Terry McAuliffe would veto it.  The bill should be voted on passage Wednesday.  Please contact your state senator and urge him or her to support SB 948.  You can find you legislator by clicking here.

Voting to protect your privacy were: Obenshain, Edwards, Puller, McDougle, Stuart, Vogel, Stanley, Reeves, Garrett, Chafin

Voting against your privacy were: Saslaw, Howell, Lucas, McEachin.

The surprise in this vote was that the usually anti-rights Senator Puller voted for advancing the bill.

When contacting your Senator, please also contact the senators above who voted to report the bill and thank them for their vote.

Watch today's Sportsman Channel's NRANews Cam and Company at approximately 5:20 for more about this and other legislative news of interest to Virginia Gun owners.

Thursday, January 15, 2015

Track Firearm Related Legislation with the VSSA Tracking Form

The Legislative Tracking Form is now available on the VSSA web site.  This is the "short session" which means legislation will move very quickly with the session set to end on February 28th.  Updates will also be posted on the blog and cross posted on the VSSA Twitter feed and Facebook page.  So far, only 22 bills (12 House and 10 Senate) have been introduced but with the filing deadline set for a week from Friday, expect more bills to be introduced.

You can access the tracking form by clicking here.

Tuesday, January 13, 2015

McAuliffe Links Gun Control With Economic Growth

The Virginian-Pilot reports on Governor Terry McAuliffe Monday press conference yesterday where he continued to roll out his agenda for the 2015 Session of the Virginia General Assembly, touting his "equal opportunity" legislative agenda that linked issues like gay rights and gun control to economic growth in the hope of garnering conservative support.
McAuliffe, speaking near the Capitol two days before the General Assembly session begins, also touched on the gun control proposals he unveiled last month, saying Virginians can prosper only if they're safe.
But, McAuliffe didn't mention that crime in Virginia is at all time lows, and that over the last 8 years, gun sales have increased over 100% while crime has dipped 28%.  At the same time his is touting the highest amount of business investment in the Commonwealth in history.  So, it would seem as Virginia remains one of the freest states when it comes to Second Amendment Rights, Virginians are safe, and the economy is growing.  The GOP controlled General Assembly have all but pronounced McAuliffe's anti-rights proposals dead on arrival.

This is all just political payback to this liberal base that even though the legislature is hostile to his proposal, he will still promote their interests.
“I’m doing what I said I was going to do when I ran for governor,” McAuliffe said. “And guess what? I won.”
I'll be on Sportsman Channel's NRANews Cam and Company to discuss McAuliffe's press conference in more detail at approximately 5:25 today.

Monday, January 12, 2015

Less than .5% of 2014 Gun Show Background Checks in Virginia Were Denied

The Richmond Times Dispatch has the story here. And, you'll see a new "loophole" designated in the story - the "private-sale loophole."
“Unless the private-sale loophole is entirely closed, requiring background checks at gun shows alone may do little to curb people who are legally prohibited from buying or possessing a firearm from buying one from a private seller,” said Baker, who in September published an article titled “Reducing Gun Crime in Virginia: Trends and the Need for Clear Thinking in Public Policy” in The Virginia News Letter, a Weldon Cooper Center publication on public policy issues.

“I don’t think making background checks limited only to sales that take place in public venues like gun shows and stores is going to stop the type of sales that lead to criminals buying guns,” said Baker, who supports the Second Amendment right to own a firearm but favors reasonable restrictions in obtaining guns, including universal background checks. “To have real teeth and dissuade people from selling guns to criminals, all firearm sales should require a background check.”

“Doing that would place the burden not only on criminals to not pursue firearms but also on people looking to sell guns, too,” Baker added. “This has the potential to limit the available markets in which those legally prohibited from buying firearms are able to do so. Governor McAuliffe’s current proposal only partially gets at one of those markets."
You may recognize the source of that quote - it's criminologist Thomas R. Baker, an assistant professor at Virginia Commonwealth University’s L. Douglas Wilder School of Government and Public Affairs who has analyzed crime and firearm sales data in Virginia from 2006 to 2012 and found even though firearms sales increased 101% during that period, crime declined 28%.

The take away from the article is the total number of background checks at gun shows in 2014 were 33,484 and only 169 (.5%) were denied.  Of those that were denied, 59 were charged, an even smaller .18% of the total background checks run.  That means that 110 people that were originally denied were likely false positives.  We don't know because that was either not pursued by Baker in his study or not useful information to advance the narrative that we need so-called "universal" background checks to keep criminals from getting firearms.  It seems to me that what we are left with is rather than gun shows being the "Arms Bazaars" that we are constantly told they are, it confirms what the National Institute for Justice told us back in 1998, that very few criminals try and buy firearms at gun shows.

State Senate Early Home for Gun Control Bills in 2015

The Virginia General Assembly convenes on Wednesday at noon. Of the bills pre-filed so far, the State Senate is clearly the battleground.  A quick look at the bills assigned to Senate Courts of Justice shows us that the gun ban crowd will again attempt to ban all private sale of firearms (SB 768), reinstate gun rationing (SB 798), and the annual so-called "gun show loophole" bill (SB 694).  On the positive side, a bill creating lifetime concealed handgun permits (SB 689) has also be introduced.  So far, there have been no anti-rights bills referred to the House Militia, Police and Public Safety Committee.

Check this blog and the VSSA Twitter feed daily for updates on legislation when the General Assembly convenes.

Wednesday, January 7, 2015

Virginia Gun Sales Normalize in 2014

The Times Dispatch reports that Virginia firearm transactions through the state police instant background check system dropped 15% in 2014 from the number registered in 2013.  This is to be expected as 2013 saw a huge increase in sales driven by the gun ban push by President Obama after the Sandy Hook school shooting.  Things actually normalized with no major threats in 2014.
“It’s not surprising,” said criminologist Thomas R. Baker, an assistant professor at Virginia Commonwealth University’s L. Douglas Wilder School of Government and Public Affairs who specializes in criminology theory and has an interest in gun-related issues. “There have been no highly sensationalized public events of firearm violence and no knee-jerk reactionary calls for increased gun control as a response. The drop in sales should be considered in that context.” 
Baker noted that 2013’s huge spike in sales occurred mostly in the first half of that year and followed the tragedy of the Sandy Hook Elementary School massacre in Newtown, Conn., and subsequent calls by politicians for increased gun control. 
Baker pointed out that firearm transactions from January through June 2014 fell by more than 25 percent from the same period in 2013. However, sales during the second half of both years were more even, declining only 3 percent in 2014. 
“So it seems that after the rush on guns following fears over (gun) control died down, gun sales normalized,” Baker said.
And one retailer contacted for the article noted even though his sales were lower in 2014 from the number he had in 2013, 2014 was still higher than 2012:
It’s hard to use 2013 as a barometer for gun sales, because it was an extreme (year) — it was off the grid,” said Mark Tosh, president of Town Gun Shop Inc., with stores in Collinsville and Chesterfield County. “Everybody could have sold more if they had more. The sky was the limit.”

Tosh said his stores saw a 16 percent sales decrease in 2014, but the numbers were still above 2012.
And while firearm sales decreased, Colonial Shooting Academy, a range in Henrico County that bills itself as the nation's largest indoor range, noted their range business increased in 2014.
Steve Satterwhite, chief executive officer of Colonial Shooting Academy in Henrico County and Virginia Beach, echoed Tosh’s assessment. “It’s definitely a case of having future demand accelerated,” he said. “In 2013, what people normally would have bought in future years, they bought in 2013.”

Satterwhite said that while 2014 firearm sales at his stores declined in line with the state average, the academy’s shooting range business continued to grow last year. “That activity — people wanting to shoot on the range — has been very good for our business,” he said.
It's definitely a buyers market right now so if you've been thinking about buying a new firearm, now is the time to do it.

Monday, January 5, 2015

Gun Ban Lobby Looks to States to Make Progress

The New York Times had this article last Friday on how the gun ban lobby is looking to states to try and get what they can't get at the federal level:
After a victory in November on a Washington State ballot measure that will require broader background checks on gun buyers, groups that promote gun regulations have turned away from Washington and the political races that have been largely futile. Instead, they are turning their attention — and their growing wallets — to other states that allow ballot measures.  
An initiative seeking stricter background checks for certain buyers has qualified for the 2016 ballot in Nevada, where such a law was passed last year by the Legislature and then vetoed by the governor. Advocates of gun safety — the term many now use instead of “gun control” — are seeking lines on ballots in Arizona, Maine and Oregon as well.
The story also mentioned Terry McAuliffe's effort to push gun control during the 2015 General Assembly:
Last month, Gov. Terry McAuliffe of Virginia, which has been the source of many illegally obtained guns in other states, proposed the restoration of the state’s limit on handgun sales to one a month to slow the “iron highway,” a nickname for gunrunning up Interstate 95 to states to the north. He would also seek mandatory background checks on gun sales at firearm shows, and end issuing gun permits to anyone restrained under domestic violence orders of protection.

“I own three guns,” said Mr. McAuliffe, a Democrat. “I love to take my three boys hunting. This is not gun restriction, this is anticrime. I couch it in economic terms.”
The thing is, nothing McAuliffe has proposed, which include so-called "universal" background checks and gun rationing, will do nothing to reduce crime.  In fact, since the repeal of Virginia's one gun-a-month law in 2012, Virginia's crime rate has continued it's downward spiral.  Between 2006 and 2012, firearm sales increased 101% while crime dropped 28%. 

Thankfully, even Senate Majority Leader Tommy Norment, who voted against repealing Virginia's gun rationing law gave McAuliffe's proposals a thumbs down:
The prospects for his gun proposals did not look great out of the gate. The governor “knows refighting the one-gun-a-month battle will not be productive,” Thomas K. Norment Jr., the Republican majority leader of the Virginia legislature, said in a statement.
It's not just Congress that the gun ban lobby is hoping to go around, in those states that allow referendum, they will look to even get around state legislatures.  Virginia is not one of the 17 states that allow ballot referendum.