Legislation Prohibiting People on "Terrorist Screening Database" From Obtaining Concealed Handgun Permits Among Bills Prefiled at VA General Assembly

On January 13, the Virginia General Assembly will convene.  Bills have steadily been pre-filed since last November's election and there are several bills restricting the rights of gun owners in the hopper. Among them are:

• a bill banning the carrying of firearms in legislative buildings (Governor McAuliffe's executive order did not cover this as the legislature governs legislative buildings);
• a bill prohibiting people on the federal "Terrorist Screening Database from obtaining a concealed handgun permit;
• a bill that prohibits a person who is subject to a protective order from possessing a firearm; currently, such person is only prohibited from purchasing or transporting a firearm. Such conduct is punishable as a Class 1 misdemeanor;
  
• a bill that holds a person civilly liable if someone commits a crime with a firearm due to the civil defendants failure to "adequately secure the firearm rom theft or unauthorized possession;
  
• a bill re-instituting handgun rationing (one gun-a-month);
  
• a bill authorizing any locality to adopt an ordinance regulating or prohibiting anyone from engaging in the business of selling firearms at retail within 1,000 feet of a school; and,
  
• a bill that would institute a so-called "gun violence restraining order" by adding family members who reside with the applicant for a concealed handgun permit to the persons whose statements that the applicant is likely to use a weapon unlawfully or negligently to endanger others may be submitted to the court. Under current law sheriffs, police chiefs, and the attorney for the Commonwealth may submit such statements.

There have been some pro-rights bills pre-filed:

• a bill that removes certain requirements for an out-of-state concealed handgun permit or license to be recognized and accepted in Virginia and instead requires an out-of-state permit or license holder to carry a government-issued photo identification and present his permit or license and such identification upon demand by a law-enforcement officer in order for his out-of-state permit or license to be recognized and accepted in Virginia;
• a bill that permits a school board or an administrator of a private school to designate one or more qualified persons for every school who may carry a concealed handgun on school property.  Any person designated to carry a concealed handgun must be certified and trained by the Virginia Center for School and Campus Safety or the National Rifle Association in the storage, use, and handling of a concealed handgun. The bill also outlines the training requirements for designated persons to be established by the Department of Criminal Justice Services;
• a bill that allows full-time faculty members of public institutions of higher education who possess a valid Virginia concealed handgun permit to carry a concealed handgun on campus;
• a bill that allows Virginia residents to purchase a firearm by presenting only one photo-identification form issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense that demonstrates that the prospective purchaser resides in Virginia. The bill provides that a member of the armed forces whose photo identification issued by the Department of Defense does not have a Virginia address may establish his Virginia residency with such photo identification and permanent orders assigning the purchaser to a duty post, including the Pentagon, in Virginia. Current law requires photo identification and another document that establishes residency, such as a lease or utility bill, and that includes an address that matches the photo identification; 
• a bill that standardizes the certification process across localities that is required by federal law for transfer of a firearm as defined in the National Firearms Act.  Such certification must be provided within 60 days if the applicant is not prohibited by law from receiving the firearm. (Note: this bill may no longer be necessary as the "executives actions" issued by Obama today eliminates chief law enforcement officer sign off);
• a bill that allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.

More bills will be introduced between now and the last day to introduce legislation once the session begins (January 22).  Be sure to check the VSSA web site regularly for legislative updates once the session begins.