VSSA Legislative Update for February 3

The legislature is approaching Crossover, the part of the session where each house considers legislation passed by the other chamber.  So far, we have seen almost all good firearms legislation introduced in the Senate defeated.  The exception is SB898 which adds a firearms safety or training course conducted by the United States Concealed Carry Association (USCCA) or by a USCCA-certified firearms instructor, or any firearms safety or training course or class available to the general public offered by a law-enforcement agency, institution of higher education, or private or public institution or organization or firearms training school utilizing instructors certified by the USCCA to those programs that satisfy the demonstration of competence requirement for the issuance of a Virginia resident or nonresident concealed handgun permit.  Every gun control bill introduced in the Senate has passed or will by the time that all bills have to be acted on, which is February 7.  The bills that are moving to the House are:

SB901 - This bill requires that handguns stored in an unattended motor vehicle,  must be in a locked vehicle and the handgun must be secured in a locked container or locked compartment of the vehicle. The bill passed the Senate 24-16 with Republicans Dunnavant and Hanger joining all Democrats to pass the bill.

SB909 - This bill requires that anyone who is prohibited from possession a firearm due to a protective order, that the individual may only transfer the firearm to some who is 21 or older and that individual may not live with the prohibited person.  The bill passed the Senate 22-17 on a party line vote. 

SB1067 - This bill expands Virginia's "red flag" legislation; Passed the Senate 23-16 with Republican Emmett Hanger joining all Democrats

SB1139 -  This bill requires any person who possesses a firearm in a residence where a minor under 18 years of age or a person who is prohibited by law from possessing a firearm resides to store firearms and ammunition in a locked container, compartment, or cabinet that is not accessible to the minor or prohibited person. Passed the Senate 22-16.  All Democrats and one Republican (Dunnavant) voted for the bill, two Republicans did not vote and 16 voted against the bill.

SB1167 - This bill is an attack on firearm manufactures and would allow lawsuits in violation of the Lawful Commerce in Arms Act.  The bill passed the Senate 21-19 with Democrat Linwood Lewis joining all of the Republicans in voting against the bill.

SB1181 - This bill prohibits the sale, offer to sell, transfer, or purchase an unfinished frame or receiver, unless the party selling, offering to sell, transferring, or purchasing the unfinished frame or receiver is a federal firearms importer, manufacturer, or dealer or the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number by a federal firearms importer, manufacturer, or dealer. The bill passed the Senate 22-17

SB1192 - This bill 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. The bill passed the Senate 21-18 with one Democrat (Linwood Lewis) joining Republicans in voting against the bill.

SB1382 - This is Senator Deed's bans the sale of commonly owned firearms which include modern sporting rifles, certain handguns, and certain shotguns based on if it accepts a magazine holding more than a certain number of rounds. It also bans standard capacity magazines.  The bill passed the Senate 23-16 with Republicans Dunnavant and Norment joining all but one Democrat (Lewis) in voting for the bill.

There is one bill that was just reported to the full Senate by the Appropriations Committee yesterday:

SB1484 - This bill limits the exemption from the prohibition on the carrying of any firearm or explosive material within any building owned or leased by the Commonwealth or agency thereof or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties that currently applies to any property owned or operated by a public institution of higher education to instead apply to any individual within a building owned or operated by a public institution of higher education who possesses a weapon as part of such public institution of higher education's curriculum or activities or as part of any organization authorized by the public institution of higher education to conduct its programs or activities within such building.  This bill was not on the floor calendar to today so it will be on First Reading Monday and will be on a fast track to passage before Crossover. 

The story is just the opposite in the House of Delegates.  Many of the above Senate bills had companion bills in the House.  Additionally, as reported last week, there was a three-day waiting period bill that was introduced.  All of the bad bills were defeated in committee last week.  At the same time, there were a number of good bills that were reported our of committee and passed the House yesterday.  Those bills are:

HB1407 - This bill adds an exception for persons who have been issued a valid concealed handgun permit by the Commonwealth or persons who have a valid concealed handgun or concealed weapon permit or license by reciprocity to the prohibition of carrying a firearm within Capitol Square and the surrounding area, any building owned or leased by the Commonwealth or any agency thereof, or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties. This bill passed the House 54-45

HB1422 - This is a companion bill to SB898.  The bill expands the allowable training to comply with the CHP training requirement include USCCA firearms training or other training offered to the public by law enforcement etc.  The bill passed the House 55-45.

HB1427 - This bill removes the ability for localities to pass local gun control.  The bill passed the House 52-47

HB1462 - This bill removes the provision that prevents a firearms dealer from selling or otherwise transferring a firearm to a prospective purchaser until 30 days after the date of issue of the prospective purchaser's original or duplicate photo identification. The bill passed the House 52-48

HB1570 - This bill states that the prohibition on carrying a firearm or explosive material in any building owned or leased by the Commonwealth shall not apply to any highway rest area. This bill passed the Senate 53-47

HB1871 - This bill extends the time that a concealed handgun permit (CHP) is valid from five to 10 years.  This bill passed the House 53-47

HB2228 - This bill states that in the event that an individual had previously held a CHP, and for whatever reason did not renew it, but decides after it expired that they want to renew the permit, that they don't have to provide proof of training again.

HB2420 - This bill provides that if the Department of State Police has not issued a nonresident concealed handgun permit nor determined that the applicant for such permit is disqualified within 90 days of receipt of the completed application for such permit, the Department shall immediately issue the permit. This bill passed 52-48

HB2449 - This bill limits the exception to the requirement that the State Police withhold from public disclosure concealed handgun permittee information submitted to the State Police for purposes of entry into the Virginia Criminal Information Network provided under current law for any law-enforcement agency, officer, or authorized agent thereof acting in the performance of official law-enforcement duties or an entity that has a valid contract with any local, state, or federal law-enforcement agency for the purpose of performing official duties of the law-enforcement agency to apply only when such permittee information is related to a criminal investigation or prosecution. This bill passed the House 52-48

HB2460 - This bill prohibits state agencies other than the Department of Corrections, Department of Juvenile Justice, and Virginia Port Authority and public institutions of higher education from adopting any regulation or workplace rule preventing officers or employees of such agencies from storing a lawfully possessed firearm and ammunition in a locked private motor vehicle at their workplace unless the adoption of the regulation is expressly authorized by statute. The bill also provides that any such regulation or rule adopted prior to July 1, 2023, is invalid. The bill passed the House 54-45.

HB2467 - This bill provides that to establish personal identification and residence in Virginia for the purposes of purchasing a firearm, a prospective purchaser may present a special identification card without a photograph issued by the Department of Motor Vehicles to a person with a sincerely held religious belief prohibiting the taking of a photograph. This bill passed the House 73-27.

There are a couple of House Bills that are still waiting for floor action either because they were just reported out of committee or because they were referred to the Appropriations Committee after being reported from the original committee assignment.  Those bill are:

HB2298 - Carrying concealed weapons; exceptions; penalty. Removes switchblade knives from the list of concealed weapons the carrying of which is prohibited in public. (This bill is on the committee docket today at the time this is being written and the bill will likely be reported to the full House)

HB2387 - Establishes a refundable income tax credit for taxable years 2023 through 2027 for individuals who purchase one or more firearm safety devices, as defined in the bill, in an eligible transaction, as defined in the bill. An individual who properly claims this credit shall be allowed a credit in the amount of up to $300 for the cost incurred in such purchase. The aggregate amount of credits allowable under the provisions of the bill shall not exceed $20 million per taxable year. This bill was reported from the Finance Committee on Wednesday and re-referred to Appropriations.

There are several House bills that have not been assigned to committee.  These bills are likely to die at crossover due to lack of action.  Those bills are:

HB1393 - Carrying a concealed handgun; permit not required. 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.

HB1394 - 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 repeals the requirement that the Department of State Police maintain and make information available from the Substantial Risk Order Registry.

HB1420 - Carrying a concealed handgun; permit not required. 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.

HB1428 - Carrying loaded firearms in public areas prohibited; certain localities; repeal. Repeals the prohibition on carrying certain loaded shotguns and semi-automatic center-fire rifles and pistols in certain localities in the Commonwealth. (Note - This bill was assigned to the Public Safety Committee but no actions has been taken and today was the last committee meeting before crossover.)

HB1801 - Carrying a concealed handgun; permit not required. 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.

HB2421 - Possession of firearm, stun weapon, or other weapon on school property; child day centers and preschools. Limits the prohibition on the possession of firearms, stun weapons, or certain other weapons on the property of child day centers or public, private, or religious preschools to that portion of the child day center or preschool exclusively used for the conduct of the child day center or preschool and excluding any common areas or grounds open to the public.

HB2459 - Firearm-free zones designated by the Commonwealth or a locality; waiver of sovereign immunity.

HB 2464 - Firearms; removal from persons posing substantial risk; penalties. Repeals Virginia's "red flag" law.