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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.

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