Wednesday's Senate Judiciary Committee Results

Wednesday's final vote on SB240, the "red flag" bill, in the State Senate was almost foregone conclusion after yesteday's session where the bill was amended and engrossed to a third vote on a party line vote. Nothing really changed today. Much of the ground that was covered in debate today was a rehash of yesterday. Democrats continued to say they added many due process protections and compared what would happen in this legislation to what happens when someone goes to the magistrate to report domestic violence, and that the protections in SB240 are more extensive than what would occur in a domestic violence situation. The bill now moves to the House.  Senator Stuart made an excellent closing argument on the floor that can be found below.


Senate Judiciary had a marathon meeting that started around 4:00 PM and lasted until approximately 7:30 PM. All but one of the good bills that were listed in yesterday's update were defeated. The Northam Administration stated their goal is not punishment but instead preventing acts before they occur. Translated, restricting the rights of law abiding gun owners is viewed as crime prevention instead of locking up violent criminals.

One bill of great importance was SB353, patroned by Senator John Bell (D- Loudoun). As drafted, the bill was targeting all outdoor shooting ranges. VSSA's lobbyist met with the Senator and was told it was a drafting error. When it was finally Senator Bell's turn, a substitute bill was distributed. It was significantly amended and became very clear that the target was not ranges like VSSA's 26 affiliated ranges, or other membership based ranges, but was targeting what the patron called "make shift" ranges on private property. As the patron continued he referenced what he said was the failure of the Loudoun County Board of Supervisors to deal with several instances that occurred over the past couple of years in Loudoun County. Several members of the committee, including Democrat Chap Peterson, questioned whether this was something better suited for local zoning boards to handle rather than the General Assembly. After about 30 minutes, the Committee decided to pass the bill by for the day.

One interesting note, at least one Democrat member of the committee, Senator Chap Peterson is apparently growing weary of the number of firearm related bills that have been heard by the committee. At one point he asked "Why does everything have to be about guns?"

A summary of the bills and the action taken is below.

SB75 Allowing access to firearms by minors; penalty. Stricken at the request of patron (14-Y 0-N)

SB76 Protective orders; possession of firearms; penalty Stricken at the request of the patron (14-0)

SB614 Prohibition on carrying of certain firearms in public places; County of Albemarle and City of Charlottesville; penalty. Stricken at request of the patron.

SB781 Leaving an unattended handgun in public; penalty - Stricken at the request of the patron.

SB18 Firearms; criminal history record information checks; age requirement; penalty. Provides that a person must be at least 21 years old, or must be at least 18 years old by the effective date of the bill, to purchase a firearm in addition to "universal" background check. - Stricken at request of the patron

SB13 Possessing or transporting a weapon within Capitol Square; penalty. Again, members on both sides were not ready to move forward with the bill as drafted so it was passed by for the day.

SB15 Carrying weapon into building owned or leased by the Commonwealth; penalty This bill was debated, it was passed by for the day due to numerous questions that legislators on both sides had. When Senator Edwards asked the patron if they could take it by for the day Senator Peterson was heard to say "how 'bout for the year".

SB207 Purchase of service handguns or other weapons by retired sworn law-enforcement officers - Reported unanimously

SB476 Risk management plan; coverage for injury or death on public school or college property; concealed handgun prohibition. - Rereferred to General Laws and Technology

SB477 Risk management plan; coverage for injury or death on state property; concealed handgun prohibition. - Rereferred to General Laws and Technology

SB372 Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Incorporated into SB479 (13-Y 1-N)

SB479 Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Reported (10-4) (Senator Norment joined the majority Democrats)

SB509 Local hunting and firearm regulation. Reported from Judiciary 12-0 and rereferred to Senate Agriculture

SB593 Licensed family day homes; storage of firearms - Reported 12-3 and rereffered to Rehabilitation and Social Services

SB82 Violation of protective order; armed with firearm or other deadly weapon; mandatory minimum sentence; penalty. Passed by indefinitely (8-Y 6-N 1-A)

SB83 Brandishing a firearm; law-enforcement officer; penalty. Passed by indefinitely (7-Y 6-N 1-A)

SB84 Concealment of firearm in committing felony; penalty. 01/22/20 Senate: Passed by Indefinately (9-Y 5-N)

SB85 Stolen firearms; penalties. Passed by indefinitely (9-Y 5-N)

SB86 Use or display of firearm in committing felony; penalty. Passed by indefinitely (9-Y 6-N)

SB88 Discharging firearm; penalty. Passed by indefinitely (9-Y 6-N)

SB89 Violation of protective order while armed with firearm or other deadly weapon; mandatory minimum sentence; penalty. Passed by indefinitely (9-Y 6-N)

SB173 Prohibition on possession of stun weapon on school property; exemption for holder of concealed handgun permit. Reported with amendments (13-Y 0-N)

SB248 Virginia Gun Violence Intervention and Prevention Fund. Reported substitute (9-Y 4-N) Rereferred to Finance and Appropriations (Substitute removes all references to guns

SB263 Concealed handgun permits; demonstration of competence. Removes the option for concealed handgun permit applicants to demonstrate competence with a handgun by completing an electronic, video, or online course conducted by a state-certified or National Rifle Association-certified firearms instructor. Reported Judiciary (7-Y 6-N) Democrat Creigh Deeds joined GOP members in opposing the bill

SB319 Security of public property. Passed by indefinitely (9-Y 6-N)

SB353 Outdoor shooting ranges; prohibited adjacent to residential areas; exceptions; civil penalty. This bill was discussed extensively, a substitute was offered that made it clear the bill is not aimed at ranges like the 26 VSSA affiliated ranges but instead at private individuals who have built ranges on their private property. In the end the bill was passed by for the day as committee members believed it still needed more work. Senator Chap Peterson especially seemed to think this was a local matter and not one for the General Assembly.

HB581 Allowing access to firearms by minors; penalty. There was debate on the bill. Senator Chap Peterson was not comfortable with the language nor with the raising of the penalty from a misdemeanor to a Class 6 Felony so the bill went by for the day.

SB928 Possession, purchase, and transport of certain firearms in certain localities. Provides that a person may lawfully possess, purchase, or transport a firearm or firearms magazine that he would otherwise be lawfully permitted to possess, purchase, or transport on January 1, 2020, while he is in a locality that has adopted an ordinance, resolution, or motion that authorizes the possession, purchase, or transportation of such firearm or firearms magazine within such locality. Passed by indefinitely (9-Y 5-N)

SB490 Purchase, possession, or transportation of firearms following conviction for assault and battery of a family or household member; The bill provides for a process by which a person convicted of such crime may petition the circuit court for a reinstatement of his right to possess or transport a firearm and the factors a court shall consider in determining such reinstatement. There was much debate on this bill. The committee heard from the public and then passed the bill by for the day, mainly because it was getting late and there is more work that needs to be done with the bill.