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Sunday, February 25, 2024

Legislative Update for February 25

We are fast approching the end of the 2024 Session of the General Assembly.  On Thursday, several gun control bills passed the second house for consideration and are headed to Governor Youngkin.  Only one of the bills have taken the next step prior to arriving at the Governor.  Each bill has to be "Enrolled" then the text of the bill has to be printed as it passed both houses, so now is the time to contact the Governor and urge him to veto these bills.  You can contact Governor Youngkin at glenn.youngkin@governor.virginia.gov .  The bills that are now headed to Governor Youngkin are:

SB 273: This bill would impose a mandatory five-day waiting period for all firearm purchases in Virginia.

SB 100: This bill would end the ability of individuals to build a firearm for personal use without government interference, something that has been done for centuries. The "scary" term “ghost gun” is an invention of gun ban advocates to restrict the rights of law-abiding citizens. Criminals are prohibited from owning a firearm regardless of how the firearm is made. This means that whether that possessed firearm was made in a factory, or using a kit, it does not change the fact that possession of that firearm is a criminal act.

SB 368: This bill would created mandatory storage requirements for firearms and ammunition.

SB 491: This bill would subject firearm manufacturers and dealers to frivolous lawsuits by creating a civil cause of action for violations. The legislation requires industry members to establish and implement controls based on vague and unenumerated standards of conduct. A suit against a manufacturer or dealer could be brought by the Attorney General or a local county or city attorney for a perceived violation of these "standards of conduct".

HB 498: This bill would requires local school boards to develop and implement a policy for distribution by the local district to inform parents about firearm safety and storage laws in the commonwealth. This mandate could be used as a gun ban propaganda tool funded by tax payer dollars.

SB 99: This bill would prohibit the carrying of certain semi-automatic center-fire rifles and shotguns on any public street, road, alley, sidewalk, or public right-of-way or in any public park or any other place of whatever nature that is open to the public, with certain exceptions. Under current law, the current prohibition on carrying certain shotguns and semi-automatic center-fire rifles and pistols applies to a narrower range of firearms, only in certain localities, and only when such firearms are loaded.

Please contact Governor Youngkin and politely urge him to veto the above bills. It is best to send an email yourself rather than use a pre-written email system. Emails in your own words will have a greater impact on the Governor and will be viewed as being sent by the sender rather than by an automated service.

Friday, February 16, 2024

Legislative Update for February 16

We are now on the downhill side of the 2024 legislative session with the House and Senate now only considering bills from the other side.  This morning House Public Safety met at 8:00 AM and considered several Senate gun control bills with no public comment as all of the bills on the docket were either identical to or very similar to bills already passed by the House.  This really isn't unusual as they believe they heard all of the arguments during the first half of the session and there is a time crunch to finish the work before the session adjourns.  VSSA's focus now will be on the Governor's office as it is likely that gun ban bills that passed one house during the first half of the session are going to be passed by the other house.  The worst bills (it's almost hard to pick just one but these House and Senate companion bills rate at the top of the list) that are still moving are HB2 and SB2:

HB2/SB2, Introduced by Delegate Helmer and Senator Deeds would ban the purchase, possession, sale, transfer, transport, import, or manufacturing of "assault-style" weapons. It also prohibits a person who violates this from purchasing, possessing, or transporting a firearm for 3 years after the date of conviction. The legislation would also ban the sale of a "large capacity" ammunition feeding device and prohibits people younger than 21 from importing, selling, manufacturing, purchasing, possessing, transporting, or transferring a firearm. During debate on SB2, Senator Surovell argued that absolute rights do not exist - and that they all exist with some underlying restriction or regulation (ex. freedom of speech and hate speech); therefore the 2nd amendment should not be treated as an absolute right. The bill ultimately passed in the Senate on a party line vote and is now headed to the house (and HB2 is headed to the Senate) where both will most likely to pass as well.


The Governor will have to use his veto pen on them!

There was some small pieces of good news during the first half as a couple of really bad bills did not make it out of the house of origin before crossover.  A couple aren't completely dead as they were carried over to next year, but they are currently on life support.  Those bills are:

HB 270 - Sale, transfer, etc., of certain firearms and firearm magazines; Virginia Firearm Buy-Back Program and Fund established; penalties. This is an omnibus bills that includes semi-auto and magazine bans, waiting periods, and more.  This bill was carried over to 2025.

HB 319 - Firearms instructors and safety programs; National Rifle Association and United States Concealed Carry Association. This bill removes references to the National Rifle Association (the NRA) and the United States Concealed Carry Association from the Code that allow the organizations to certify ranges and instructors and for courses offered by them to serve as proof of demonstrated competence in firearms safety and training for the purpose of obtaining a concealed handgun permit or receiving training as a minor in the use of pneumatic guns.  This bill was carried over to to 2025 (HB 797 which does the same thing and also requires 10 rounds of live fire as part of the training did pass however).

HB 602 - Virginia Center for Firearm Violence Intervention and Prevention; Virginia Firearm Violence Intervention and Prevention Fund; creation; This bill creates a government agency, the Virginia Center for Firearm Violence and Prevention that would make grants to push gun control responses to crime involving firearms.  This bill was carried over to to 2025.

The below bills were defeated:

HB 113 - Possession, purchase, or transportation of handgun by persons convicted of certain drug offenses and operating a boat or vehicle while intoxicated prohibited; penalty. This bill would have taken away gun rights for misdemeanor drunk driving. 

HB 791 - Pneumatic guns; penalties. This bill would have made it  a Class 6 felony to possess a pneumatic gun ( BB gun or air rifle/air pistol).  It is interesting to note that this bill was reported out of Public Safety and referred to Appropriations.  Appropriations added language that changed the prohibitions for day care and private schools which only applies to when these schools are in session to a complete prohibition unless it is part of a program.  When it came up on first reading in the full house it was re-referred to Public Safety.  Because this was done the day before the last day to consider legislation in committee, it died because there was not time for both Public Safety and Appropriations to reconsider the bill.

You can see the complete list of bills that passed and have crossed over by clicking here.  VSSA will alert members when bills have passed both Houses and have been sent to the Governor so that you can contact Governor Youngkin and politely urge him to veto the bad bills.

Thursday, February 15, 2024

Lafayette Gun Club 2024 Yorktown Cup

Lafayette Gun Club will hold the 2024 Yorktown Cup on May 4-5 and May 25-26. Relay time is start of sighters on all four days. Call to the line is 15min prior to sighters.

Relay time is start of sighters on all four days. Call to the line is 15min prior to sighters. 
Relay 1: 8:00am (12 competitors max)
Relay 2: 10:15am (12 competitors max)
Relay 3: 12:30pm (12 competitors max)
Relay 4: 2:45pm (12 competitors max)

The current CMP 2022-24 3PAR Rules will apply.  Rule 3.2.2.c for Teams. Teams can have a maximum of five designated competitors. Teams must be designated prior to first shot of any team member. Organizations can have more than one team but each team must be declared prior to any junior from that organization shooting. The competition is open to current high school juniors. Rule 3.1

For more information, contact Jason Bradley Stout (ret.) at navgunner92@live.com.  You can download the match program by clicking here.

Friday, February 2, 2024

Legislative Update for February 2, 20024

Gun Owners continuted to take a beating in both Senate Courts of Justice and House Public Safety this week as well as on the floor of both houses of the legislature.  There was a small piece of good news in House public safety this morning when a bill that would have imposed an additional 5% excise tax on the purchase of firearms and ammunitition (HB1181) was rolled in to another bill (HB602).  This process eliminated the excise tax funding mechanism that was in HB1181.  The overall bill still creates a Virginia Center for Firearm Violence Intervention and Prevention, but the tax on gun owners is elimated, for now. Another very bad gun ban bill, HB1424, a bill creating a requirement to get a  "permit to puchase" from the State Police before you could purchase a firearm, was carried over to next year for further study.  Carrying a bil over usually is a way to "soft kill" the bill but there should be no illusion that they won't look favorably on this bill and advance it in next year's session.  At least for now this bill will not go any further.  You can find the full committee report from today's House Public Safety Committee by clicking here.

The following bills passed the House this week and are now headed to the State Senate:

HB 2 -  Assault firearms and certain ammunition, etc.; purchase, sale, transfer, etc., prohibited.
HB 173 - Plastic firearms and unfinished frames, etc.; manufacture, import, etc. prohibited, penalties. (Republican Carrie Coyner joined Democrats to help pass this bill)
HB 454 - Firearm/explosive material; carrying w/in Capitol Square or bldg. owned or leased by Commonwealth. (Republican Carrie Coyner joined Democrats to help pass this bill)
HB 158 - Firearm locking device; required for sale or transfer of firearm.
HB 183 - Firearms; storage in residence where minor or person prohibited from possessing is present, penalty.

In the Senate It was much the same story.  A number of bills were heard in committee on Monday and again on Wednesday.  Bills that pass the full Senate this week and headed to the House are:

SB 338 Gun violence; JLARC to study effects on communities.
SB 368 Firearms; storage in residence where minor or person prohibited from possessing is present, penalty.

A number of bills were reported out of Courts of Justice on Monday and again on Wednesday.  Most had to be referred to Appropriations after their Courts hearing due to the possibility of a fiscal impact from increased criminal penalties.  Those bills are:
SB 44 Owner of firearm; use of firearm by minor in an unlawful manner or to cause bodily injury.
SB 57 Carrying a concealed handgun onto the premises of any restaurant; penalty (this bill repeals the ability to carry in resturants like Applebee's and Olive Garden that serve alcohol as well as food)
SB 258 Substantial risk orders; substantial risk factors and considerations (this bill makes changes to Virginia Red Flag law by expanding the items a judge may consider to issue a red flag order)
SB 327 Purchase of firearms; age requirement; penalty. This bill raises the age to purchase a firearm from 18 to 21.
SB 515 Weapons; possession or transportation; facility that provides mental health services or developmental services; penalty.
SB 383 Carrying a firearm or explosive material within Capitol Square or building owned or leased by the Commonwealth; exemptions; public institutions of higher education; penalty.
SB 491 Firearm industry members; standards of responsible conduct; civil liability. This bill creates standards of responsible conduct for firearm industry members and requires the industry to establish and implement controls regarding the manufacture, sale, distribution, use, and marketing of the firearm-related products among other things.

Please contact your State Senator and urge the to oppose the above bills.  Even if your Senator is anti-rights, they need to hear from you.

Friday, January 26, 2024

General Assembly Update for January 26

The House Public Safety Committee met this morning and, along party line votes, rubber stamped the recommendations of last night's Firearms Subcommittee meeting.  The committee's actions are listed below:  

Bad Bills That Advanced:

HB12 Handguns; firearm locking device required for sale or transfer, child safety warning required. –Incorporated by Public Safety (HB158-McClure) 
HB158 Firearm locking device; required for sale or transfer of firearm.  - Reported from Public Safety with substitute (12-Y 10-N)
HB183  Firearms; storage in residence where minor or person prohibited from possessing is present, penalty. Reported from Public Safety (12-Y 10-N)  d from Public Safety (12-Y 10-N)
HB351  Firearm; locking device required for purchase, households where minor resides, penalty. Reported from Public Safety (12-Y 10-N) Referred to Committee on Appropriations
HB585  Home-based firearms dealers; prohibited near schools, penalties. Reported from Public Safety (12-Y 10-N) Referred to Committee on Counties, Cities and Towns
HB791  Pneumatic guns; Class 6 felony to possess. Reported from Public Safety with substitute (12-Y 10-N) Referred to Committee on Appropriations
HB1174 Assault firearms; age requirement for purchase, penalty. Reported from Public Safety with substitute (12-Y 10-N) Referred to Committee on Appropriations

The Committee also heard two good bills but there was no motion to report or to out right kill them so they died for lack of a motion.  Those bills were:

HB389 Concealed handgun; carrying without a permit.  Died for lack of a motion

HB1030 Concealed handgun; carrying without a permit. Died for lack of a motion

The one bad bill that had not been heard in subcomittee but was on the docket, HB602, a bill that creates an anti-gun grant program and also imposes an addtional tax on fireams and ammunition to fund the program, was carried over to next week as the patron was not at the committee meeting.
The following House bills will be on final passage today: 

HB 46 Firearm; transfers to another person from a prohibited person.  Vote: Passage (51-Y 44-N)

HB 466 Concealed handgun permits; reciprocity with other states.  Vote: Passage (50-Y 45-N)

There is only one firearm related bill on the docket for Senate Courts of Justice Committeed on Monday.  That bill is:

SB 515 Weapons; possession or transportation; facility that provides mental health services or developmental services; penalty. Makes it a Class 1 misdemeanor for any person to possess in or transport into any facility that provides mental health services or developmental services in the Commonwealth, including a hospital or an emergency department or other facility rendering emergency medical care, any (i) firearm or other weapon designed or intended to propel a missile or projectile of any kind; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) other dangerous weapon, including explosives and stun weapons. The bill provides that any such firearm, knife, explosive, or weapon is subject to seizure by a law-enforcement officer and specifies exceptions to the prohibition.

The committee meeting is at 8:00.  Please contact committee member and urge them to oppose the bill.  You can click their names below to find the contact information for each.

Monday, January 22, 2024

Senate Courts Advances "Assault Weapon" Ban and More

Senate Courts of Justice met for over three hours this morning and advanced a number of gun ban bills as well as killing two pro-rights bills. It did not take long to figure out that this meeting was going to go the way that Thursday's House Public Safety Firearms Subcommittee went. All of the votes except one were along party lines with the one exception being SB210, the companion bill to HB22, to ban "Auto Sears". VSSA is neutral on both bills because they exempt those items that have been or will be purchased in compliance with the National Firearms Act. HB22 reported unanimously in the House while SB 210 advanced on a 9-4 vote with two Republicans voting in favor and four voting against. I think the confusion in the Senate committee this morning was caused by the fact the patron really did not know what she was talking about and the committee clerk had to point out that this only bans the items that would be purchased illegally.

Two of the most egregious bills on the docket were SB2 a bill to ban so-called "assault weapons" and SB23, a bill to impose a five day waiting period before completing the sale of a firearm after the completion of the background check paperwork. In addition to the usual gun ban group suspects, the Virginia Education Association and the Virginia Catholic Conference were in attendance to support SB2. There was also testimony on the bill to impose a five day waiting period to buy a firearm (SB23) from the wife of a Charlottesville man who last year purchased a firearm at a pawn shop, and after buying it, walked outside to his vehicle and committed suicide in the store's parking lot. The patron of the bill sold it as a way to create a "cooling off" period to prevent suicides from occurring. 

Another very bad bill is SB522, a bill that would require anyone seeking to purchase a firearm to provide proof of "demonstrated competence" with a firearm or that they had completed a firearms safety or training course in the past five years before they could purchase a firearm. Senator Obenshain asked the patron if his 82 year old mother wanted to purchase a shotgun for her grandson as a gift, if she would have to show competence with a firearm before she could complete the purchase, even though she was not going to use the firearm herself. The patron said yes, then continued, if she did that, she "might be guilty of a straw purchase." That comment just shows how ignorant of firearms and firearms law some of these legislators are. The scenario that Senator Obenshain presented is a perfectly legal purchase. Senator Graves was oblivious to that fact.

Below are the bills that were heard and the results.

S.B. 2 - Purchase, possession, sale, transfer, etc., of assault firearms and certain ammunition feeding devices prohibited; penalty. Reported and referred to Finance 9-6

S.B. 47 - Firearm transfers to another person from a prohibited person. Reported 9-6

S.B. 55 - Purchase of firearms; waiting period; penalty. Provides that no person shall sell a firearm unless at least three days have elapsed from the time the prospective purchaser completes the written consent form to have a licensed dealer obtain criminal history record information, with exceptions enumerated in relevant law. This bill was rolled into SB23.

S.B. 99 - Carrying assault firearms in public areas prohibited; penalty. Prohibits the carrying of certain semi-automatic center-fire rifles, pistols, and shotguns on any public street, road, alley, sidewalk, or public right-of-way or in any public park or any other place of whatever nature that is open to the public. Reported and referred to Finance 9-6

S.B. 100 - Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms prohibited; penalties. Creates a Class 5 felony for any person who knowingly manufactures or assembles, imports, purchases, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, as defined in the bill, is not detectable as a firearm when subjected to inspection by the types of detection devices, including X-ray machines, commonly used at airports, government buildings, schools, correctional facilities, and other locations for security screening. The portions of the bill prohibiting unfinished frames or receivers and unserialized firearms have a delayed effective date of January 1, 2025. A substitute bill reported and referred to Finance 9-6

S.B. 273 - Purchase of firearms; waiting period; penalty. Provides that no person shall sell a firearm unless at least five days have elapsed from the time the prospective purchaser completes the written consent form to have a licensed dealer obtain criminal history record information, with exceptions enumerated in relevant law. Reported and referred to Finance 9-6

S.B. 319 - Purchase, possession, or transportation of firearm following an assault and battery against a person in a dating relationship with the alleged offender, penalty. Rolled into SB642

S.B. 363 - Removing, altering, etc., serial number on firearm; selling, giving, etc., or possessing firearm with removed, altered, etc., serial number; penalties. Makes it a Class 1 misdemeanor for any person, firm, association, or corporation to knowingly possess any pistol, shotgun, rifle, machine gun, or any other firearm, except for an antique firearm, that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner. The bill also makes it a Class 6 felony for any person, firm, association, or corporation to knowingly sell, give, or distribute any pistol, shotgun, rifle, machine gun, or any other firearm, except for an antique firearm, that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner. Reported 9-6

S.B. 447 - Firearm in unattended motor vehicle; civil penalty. Provides that no person shall leave, place, or store a handgun in an unattended motor vehicle, as defined in the bill, when such handgun is visible to any person who is outside such motor vehicle. The bill provides that any person violating such prohibition is subject to a civil penalty of no more than $500 and such unattended motor vehicle may be subject to removal for safekeeping. Reported 9-6

S.B. 522 - Purchase of firearms; demonstrated competence with a firearm or completion of a firearms safety or training course; penalty. Requires that a prospective purchaser of a firearm present proof that such prospective purchaser has demonstrated competence with a firearm or completed a firearms safety or training course, as specified in the bill, within the past five years. Reported and referred to Finance 9-6

S.B. 551 - Purchase of firearms; waiting period; penalty. Provides that no person shall sell a firearm unless at least two days have elapsed from the time the prospective purchaser completes the written consent form to have a licensed dealer obtain criminal history record information, with exceptions enumerated in relevant law. Rolled into SB273

Two good bills were killed:
S.B. 82 - Concealed handgun permit; concealed weapons permit. Changes the concealed handgun permit to a concealed weapons permit. Passed by indefinitely 9-6

S.B. 639 - Firearms; removal from persons posing substantial risk; penalties. Repeals the "red flag" law. Passed by indefinitely 9-6

Please continue to contact your State Senator and politely let them know you oppose the above gun control bills that were reported out of committee this morning. Even if your State Senator is anti-rights, they need to hear from you to know you oppose these bills.

Friday, January 19, 2024

Senate Courts Of Justice to Hear Gun Bills Monday at 8:00 AM

The Senate Courts of Justice Committee will hear a long list of firearm related bills bills on Monday at 8:00 AM.  The General Assembly Webpage states that virtual testimony is available but there is currently not a link to do so.  VSSA has reached out to the committee staff to find out how interested members of hte public can sign up to speak.  Once we receive a response it will be posted as an update to this post.  All but two of the bills on the docket are bad bills.  The bad bills are:

S.B. 2 - Purchase, possession, sale, transfer, etc., of assault firearms and certain ammunition feeding devices prohibited; penalty. Creates a Class 1 misdemeanor for any person who imports, sells, manufactures, purchases, possesses, transports, or transfers an assault firearm, as that term is defined in the bill, and prohibits a person who has been convicted of such violation from purchasing, possessing, or transporting a firearm for a period of three years from the date of conviction. The bill provides that an assault firearm does not include any firearm that is an antique firearm, has been rendered permanently inoperable, is manually operated by bolt, pump, lever, or slide action, or was manufactured before July 1, 2024. The bill also prohibits the sale of a large capacity ammunition feeding device, as that term is defined in the bill. The bill provides that any person who willfully and intentionally (i) sells an assault firearm to another person or (ii) purchases an assault firearm from another person is guilty of a Class 1 misdemeanor and that any person who imports, sells, barters, or transfers a large capacity ammunition feeding device is guilty of a Class 1 misdemeanor. The bill also makes it a Class 1 misdemeanor for any person younger than 21 years of age to import, sell, manufacture, purchase, possess, transport, or transfer an assault firearm regardless of the date of manufacture of such assault firearm.

S.B. 47 - Firearm transfers to another person from a prohibited person. Provides that a person who is prohibited from possessing a firearm because such person is subject to a protective order or has been convicted of an assault and battery of a family or household member may transfer a firearm owned by such prohibited person to any person who is not otherwise prohibited by law from possessing such firearm, provided that such person who is not otherwise prohibited by law from possessing such firearm is 21 years of age or older and does not reside with the person who is subject to the protective order. Under current law, there is no requirement that such transferee cannot be younger than 21 years of age and cannot reside with such prohibited person. The bill also provides that such prohibited person who transfers, sells, or surrenders a firearm pursuant to the provisions of the bill shall inform the clerk of the court of the name and address of the transferee, the federally licensed firearms dealer, or the law-enforcement agency in possession of the firearm and shall provide a copy of such form to the transferee. The bill also provides that a person who is prohibited from possessing a firearm because such person is subject to a protective order or has been convicted of an assault and battery of a family or household member shall be advised that a law-enforcement officer may obtain a search warrant to search for any firearms from such person if such law-enforcement officer has reason to believe that such person has not relinquished all firearms in his possession.

S.B. 55 - Purchase of firearms; waiting period; penalty. Provides that no person shall sell a firearm unless at least three days have elapsed from the time the prospective purchaser completes the written consent form to have a licensed dealer obtain criminal history record information, with exceptions enumerated in relevant law.

S.B. 57 - Carrying a concealed handgun onto the premises of any restaurant; penalty. Makes it a Class 2 misdemeanor for any person, except for active and qualified retired law-enforcement officers, to carry a concealed handgun onto the premises of any restaurant or club for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Authority. Under current law, a concealed handgun permit holder may carry a concealed handgun onto the premises of any restaurant or club that sells alcoholic beverages, but he is guilty of a Class 2 misdemeanor if he consumes an alcoholic beverage while on the premises.

S.B. 99 - Carrying assault firearms in public areas prohibited; penalty. Prohibits the carrying of certain semi-automatic center-fire rifles, pistols, and shotguns on any public street, road, alley, sidewalk, or public right-of-way or in any public park or any other place of whatever nature that is open to the public. Under current law, the current prohibition on carrying certain shotguns and semi-automatic center-fire rifles and pistols applies to a narrower range of firearms, only in certain localities, and only when such firearms are loaded.

S.B. 100 - Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms prohibited; penalties. Creates a Class 5 felony for any person who knowingly manufactures or assembles, imports, purchases, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, as defined in the bill, is not detectable as a firearm when subjected to inspection by the types of detection devices, including X-ray machines, commonly used at airports, government buildings, schools, correctional facilities, and other locations for security screening. The bill updates language regarding the types of detection devices that are used at such locations for detecting plastic firearms. Under current law, it is unlawful to manufacture, import, sell, transfer, or possess any plastic firearm and a violation is punishable as a Class 5 felony.

The bill also creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, making it unlawful for any person to knowingly import, purchase, sell, offer for sale, or transfer ownership of any completed or unfinished frame or receiver, unless the completed or unfinished frame or receiver (i) is deemed to be a firearm pursuant to federal law and (ii) is imprinted with a valid serial number. The bill creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, making it unlawful for any person to manufacture or assemble, cause to be manufactured or assembled, import, purchase, sell, offer for sale, or transfer ownership of any firearm that is not imprinted with a valid serial number. The portions of the bill prohibiting unfinished frames or receivers and unserialized firearms have a delayed effective date of January 1, 2025.

S.B. 258 - Substantial risk orders; substantial risk factors and considerations. Provides various factors that a judge or magistrate must consider for the purpose of determining probable cause prior to issuing an emergency substantial risk order or a substantial risk order. The bill provides that such factors shall include whether the person who is subject to the order (i) committed any acts of violence or criminal offenses resulting in injury to himself or another person within the six months prior to the filing of the petition; (ii) made any threats or used any physical force against another person that resulted in injury within the six months prior to the filing of the petition; (iii) violated any provision of a protective order issued or was arrested for stalking within the six months prior to the filing of the petition; (iv) was convicted of any offense that would prohibit such person from possessing a firearm; (v) engaged in any conduct within the year prior to the filing of the petition that demonstrated a pattern of violent acts or threats to another person, including any acts or threats made against family members, neighbors, coworkers, or toward schools or students or government buildings or employees; (vi) committed any acts of violence or criminal offenses against an animal within the six months prior to the filing of the petition; or (vii) made any attempt or threat of suicide or any act, attempted act, or threat of self-harm that caused or may have caused serious bodily injury or whether evidence of recent acquisition of a firearm or ammunition by the person who is subject to the order is provided by the respondent. The bill also outlines various other factors that a judge or magistrate may consider for the purpose of issuing an emergency substantial risk order or a substantial risk order. The bill also provides that possession includes actual access or the potential to readily access a firearm for the purposes of finding if a person possesses a firearm or if such firearm shall be voluntarily relinquished.

S.B. 273 - Purchase of firearms; waiting period; penalty. Provides that no person shall sell a firearm unless at least five days have elapsed from the time the prospective purchaser completes the written consent form to have a licensed dealer obtain criminal history record information, with exceptions enumerated in relevant law.

S.B. 319 - Purchase, possession, or transportation of firearm following an assault and battery against a person in a dating relationship with the alleged offender, penalty. Provides that any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2024, for the offense of assault and battery against a person in a dating relationship, as defined in the bill, with the alleged offender or an offense substantially similar under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.

S.B. 327 - Purchase of firearms; age requirement; penalty. Prohibits any person under 21 years of age from purchasing a firearm, with exceptions for the purchase of a rifle or shotgun by a law-enforcement officer, correctional officer, jail officer, or member of the Armed Forces of the United States, the Virginia National Guard, or the National Guard of any other state. Accordingly, the bill prohibits a licensed dealer from selling, renting, trading, or transferring from his inventory a firearm to any person under 21 years of age, with the same exceptions. A violation of either prohibition is a Class 6 felony. The bill also expands the definition of "assault firearm" as the term applies to criminal history record information checks.

S.B. 363 - Removing, altering, etc., serial number on firearm; selling, giving, etc., or possessing firearm with removed, altered, etc., serial number; penalties. Makes it a Class 1 misdemeanor for any person, firm, association, or corporation to knowingly possess any pistol, shotgun, rifle, machine gun, or any other firearm, except for an antique firearm, that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner. The bill also makes it a Class 6 felony for any person, firm, association, or corporation to knowingly sell, give, or distribute any pistol, shotgun, rifle, machine gun, or any other firearm, except for an antique firearm, that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner.

S.B. 447 - Firearm in unattended motor vehicle; civil penalty. Provides that no person shall leave, place, or store a handgun in an unattended motor vehicle, as defined in the bill, when such handgun is visible to any person who is outside such motor vehicle. The bill provides that any person violating such prohibition is subject to a civil penalty of no more than $500 and such unattended motor vehicle may be subject to removal for safekeeping.

S.B. 491 - Firearm industry members; standards of responsible conduct; civil liability. Creates standards of responsible conduct for firearm industry members and requires such members to establish and implement reasonable controls regarding the manufacture, sale, distribution, use, and marketing of the firearm industry member's firearm-related products, as those terms are defined in the bill. Such reasonable controls include reasonable procedures, safeguards, and business practices that are designed to (i) prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or unlawfully harm another or of unlawfully possessing or using a firearm-related product; (ii) prevent the loss of a firearm-related product or theft of a firearm-related product from a firearm industry member; (iii) ensure that the firearm industry member complies with all provisions of state and federal law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product; and (iv) ensure that the firearm industry member does not engage in an act or practice in violation of the Virginia Consumer Protection Act. The bill also provides that a firearm industry member may not knowingly or recklessly create, maintain, or contribute to a public nuisance, as defined in the bill, through the sale, manufacturing, importing, or marketing of a firearm-related product. The bill creates a civil cause of action for the Attorney General or a local county or city attorney to enforce the provisions of the bill or for any person who has been injured as a result of a firearm industry member's violation to seek an injunction and to recover costs and damages.

S.B. 522 - Purchase of firearms; demonstrated competence with a firearm or completion of a firearms safety or training course; penalty. Requires that a prospective purchaser of a firearm present proof that such prospective purchaser has demonstrated competence with a firearm or completed a firearms safety or training course, as specified in the bill, within the past five years.

S.B. 551 - Purchase of firearms; waiting period; penalty. Provides that no person shall sell a firearm unless at least two days have elapsed from the time the prospective purchaser completes the written consent form to have a licensed dealer obtain criminal history record information, with exceptions enumerated in relevant law.

S.B. 642 - Purchase, possession, or transportation of firearm following an assault and battery against a person in a dating relationship with the alleged offender, penalty. Provides that any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2024, for the offense of assault and battery against a person in a dating relationship, as defined in the bill, with the alleged offender or an offense substantially similar under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.

Please contact members if the committee and urge them to oppose the above bills.  The committee members are: Surovell (Chair)ObenshainMcDougleDeedsStuartStanleyBoyskoPeakeBagbyJordanAirdSubramanyamCarroll FoyPerrySalim 

The good bills are:
S.B. 82 - Concealed handgun permit; concealed weapons permit. Changes the concealed handgun permit to a concealed weapons permit. The bill provides that a person who obtains a concealed weapons permit may carry such concealed weapons in any place where a person may carry a concealed handgun with a concealed handgun permit under current law. The expanded types of weapons that may be carried concealed are specified in the bill. The bill provides that any concealed handgun permit issued prior to July 1, 2024, shall include weapons other than handguns, as such weapons are specified in the bill, and shall be treated as a concealed weapons permit.

S.B. 639 - Firearms; removal from persons posing substantial risk; penalties. Repeals the procedure by which any attorney for the Commonwealth or law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. The bill also removes the substantial risk order registry for the entry of orders issued.

Please contact members of the committee and urge them to support the above two bills.

The below bill is similar to a bill that was reported from House Public Safety with no opposition from firearm groups or pro-rights legislators.  It includes a provision that exempts individuals who are in compliance with the National Firearms Act (NFA).
S.B. 210 - Manufacture, importation, sale, etc., of auto sears; prohibition; penalty. Prohibits the manufacture, importation, sale or offer to sell, possession, transfer, or transportation of an auto sear, defined in the bill as a device made of metal or plastic designed for use in converting a firearm to shoot automatically more than one shot, without manual reloading, by a single function of the trigger. A violation is punishable as a Class 6 felony.

Legislative Update

On Thursday, January 18, in an almost three hour meeting this afternoon into the evening, the House Public Safety Firearms Subcomittee advanced bad gun bills and defeated two good bills.    This morning the full committee rubberstamped the subcommittee's recommendations Below are the bad bills that advanced.

HB46 Firearm; transfers to another person from a prohibited person. Reported from Public Safety (11-Y 9-N).

HB113 Handguns; possession, purchase, or transportation by persons convicted of certain drug offenses. Reported from Public Safety with substitute (12-Y 9-N) Referred to Committee on Appropriations.
  
HB454 Firearm/explosive material; carrying w/in Capitol Square or bldg. owned or leased by Commonwealth. Reported from Public Safety with substitute (12-Y 9-N) Referred to Committee on Appropriations.

HB2 Assault firearms & certain ammunition, etc.; purchase, possession, sale, transfer, etc., prohibited. Reported from Public Safety (11-Y 9-N) Referred to Committee on Appropriations.  Here is how debate on HB 2 went last night.

HB173 Plastic firearms and unfinished frames, etc.; manufacture, import, etc. prohibited, penalties. A substitute was offered, and amendment to exempt unserialized firearms commercially manufactured prior to 1968. Reported from Public Safety with substitute (12-Y 9-N) Referred to Committee on Appropriations.

HB466 Concealed handgun permits; reciprocity with other states. Reported from Public Safety (12-Y 9-N).

Bills not referred to Appropriations will be on the floor on Moday to begin floor votes.  Please contact your Delegate and urge them to oppose the above bills.

The below bill was advanced by the full committee this morning.  VSSA is neutral on this bill.
HB22 Auto sears; prohibition on manufacture, importation, sale, etc., penalty. - During the meeting, it was clarified that that those owned in compliance with the National Firearms Act are exempt from the legislation. VSSA changed the position of opposition to a neutral position after the amendment was accepted by the subcommittee. Reported from Public Safety with substitute (20-Y 0-N) Referred to Committee on Appropriations.

As we noted in our email update last night, the below good bills were defeated.  They do not move any futher in the process and are dead for the session.  
HB390 Concealed handgun; carrying handgun when issued a protective order, civil penalty. Subcommittee recommends passing by indefinitely (6-Y 4-N).
HB395 Concealed handgun permit; applying for enhanced permit. Subcommittee recommends passing by indefinitely (8-Y 2-N).

This morning, two pro-rights bills were heard by the full committee and killed.
HB11 Knives; carrying as concealed weapons. Tabled on a 12-9 vote.
HB16 Firearm or explosive material; carrying within Capitol Square and the surrounding area, etc. Passed by indefinately (defeated) on a 12-9 vote.

The gun ban lobby and anti-rights Democrats on the committee used the same old talking points in approving the ban on the so-called "assault weapons" ban.  As you can see in the video above, it makes no difference what augurments the pro-rights community use to oppose the bills, they simply don't care.  It's clear the gun ban lobby is running the show. 

We will be doing this all over again on Monday as there are a number of gun bills on the docket of Senate Courts of Justice.