Gun Bills Likely to Move in 1st Full Week of General Assembly

VSSA's lobbyist is getting indications that Northam's gun control bills will move the first full week of the legislature.  That's the week of January 13th.  This likely explains NRA-ILA's focus on the first meeting of Senate Courts of Justice on January 13 and why gun owners need to be contacting their

Graphic by NRA-ILA

delegate and senator now.  You can send an email but a phone call to their Capitol Office phone would be even better.  If you are going to be in Richmond, schedule an appointment to meet with them but arrive early for your meeting because access to the Pocahontas Building is not easy and if there are large numbers of people attempting to enter it can take a while as there is only one access point.

Additionally, special focus should be given to Senator John Edwards, who is the incoming chairman of Senate Courts of Justice and until recently was an ally of gun owners.  Senator Edwards needs to hear especially from gun owners in his district (Roanoke, Montgomery, and Giles).  Roanoke Rifle and Revolver club is in his district so members of the club need to contact Senator Edwards by email and by phone and urge him to oppose any bills that restricts the rights of law abiding gun owners and especially SB16, which would ban many of the guns that used at RRRC for competition and target shooting.  Members of RRRC that have youth that shoot in competitive programs need to have those young shooters contact Senator Edwards and let him know that they would be negatively affected by SB16 and that they don't want their competition firearms banned.

Results of Tonight's Militia, Police and Public Safety Subcommittee 1

A good night in tonight's subcommittee meeting. The results are below. The bills reported will be heard in full committee tomorrow morning.

H.B. 1326 Concealed handgun permits; firearms safety courses. Failed
Patron: Torian
Concealed handgun permit; firearms safety course. Eliminates certain firearms safety courses the completion of which currently satisfies the requirement that all resident and nonresident applicants for a concealed handgun permit demonstrate competence with a handgun. The bill also requires that certain firearms safety courses that satisfy this requirement focus primarily on the use and handling of a concealed handgun.

H.B. 1391 Possession of handguns in legislative buildings. Amended and referred to the Rules Committee.
Patron: Hope
Possession of weapons in state legislative buildings. Prohibits the possession of weapons in legislative buildings except by any person who lawfully possesses a handgun. The provisions of the bill would not apply to General Assembly members or staff or to any law-enforcement officer.

H.B. 1410 Firearms; possession of weapons following conviction of certain crimes, penalty. Passed by for the day.
Patron: Scott, J.M.
Possession of firearms following conviction of certain crimes; penalty. Prohibits any person who is convicted of stalking, sexual battery, or assault and battery of a family member that results in serious bodily injury from possessing, transporting, or carrying a firearm or any other weapon for a period of five years following his conviction. A violation would constitute a Class 6 felony. The bill also provides for the forfeiture of any weapon possessed, transported, or carried in violation of the prohibition. Finally, the bill provides for a process by which a violator may petition the circuit court for a reinstatement of his rights to possess, transport, or carry a weapon.

H.B. 1557 School boards; training for persons designated to carry concealed handguns on school property. Referred to the Governor's Task Force on School Safety.
Patron: Marshall, R.G.
School boards; employee firearms training. Requires every school board in the Commonwealth to designate at least one qualified person for every school in the district who, upon application with the school board, may carry a concealed handgun on school property. The bill requires all designated persons, including certain school division employees, certain school volunteers who carry valid concealed handgun permits, and certain retired law-enforcement officers, to be certified and trained by the Virginia Center for School 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 as designed by the Department of Criminal Justice Services.

H.B. 1662 Libraries; locality to adopt an ordinance that prohibits firearms, ammunition, etc. in. Failed
Patron: BaCote
Control of firearms; libraries owned or operated by localities. Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components, or a combination thereof, in libraries owned or operated by the locality.

H.B. 1679 Concealed handgun permit; exception retired investigator of security division of Lottery Department. Recommend for reporting.
Patron: O'Quinn
Concealed handgun permit; retired investigator of the State Lottery Department; exception. Provides an exception for a concealed handgun permit for a qualifying retired investigator of the security division of the State Lottery Department. The bill contains technical amendments.

H.B. 1693 Firearms; removes specific exception for possession on public school property, penalty. Failed
Patron: Kory
Possession of firearm on public school property; penalty. Removes the specific exception for a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade of three inches or longer, in or upon a motor vehicle located at any elementary, middle, or high school or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle located at any elementary, middle, or high school from the list of exceptions for possessing a weapon on school property, which when violated is a Class 6 felony.

H.B. 2025 Firearms; requires background check for any purchase. Failed
Patron: Hope
Sale of firearms; penalty. Requires a background check for any firearm purchase and requires the Department of State Police to establish a process for sellers to obtain such a check from licensed firearm dealers. A seller who fails to obtain such a check and sells the gun to any other person is guilty of a Class 1 misdemeanor.

H.B. 2207 Sale, transfer, etc., of certain firearms and firearms magazines; penalty. Failed
Patron: Morrissey
Sale, transfer, etc., of certain firearms and firearms magazines; penalty. Provides that a person who imports, sells, barters, or transfers an assault firearm is guilty of a Class 6 felony. The bill also provides that a person who imports, sells, barters, or transfers a firearms magazine that is designed to hold more than 20 rounds of ammunition is guilty of a Class 1 misdemeanor. Finally, the bill provides an exception from both penalties for law-enforcement officers and military personnel.

New Gun Laws Effective Friday July 1

July 1st is the day legislation that was passed by the General Assembly and signed by the Governor becomes law.  There are several new laws of interest to gun owners and sportsmen that become law Friday.  They are:

HB 1411: This bill provides that a person convicted of reckless handling of a firearm while hunting may lose their right to hunt and trap for a period of 1 to 5 years.  Current law allows up to a lifetime hunting and trapping prohibition for a first conviction of reckless handling of a firearm while hunting.

HB1422/SB 839: This bill amends Virginia’s Homestead laws to add one firearm, not to exceed $3,000 in value, to the list of items that every householder shall be entitled to hold exempt from creditor process.  

HB 1552: This bill amends the language relating to the issuance of de facto concealed handgun permits. Current law states that if a court does not issue a permit or find that the applicant is disqualified, within 45 days of receipt of the application, the clerk is to certify the application and send it to the applicant. The certified application then serves as a de facto permit until the actual permit is issued or the applicant is found to be disqualified. The bill states that the clerk must mail or e-mail the certified application to the applicant within five business days of the expiration of the 45-day period.  Also, a friendly amendment added to HB 1552 will now provide delivery of the certified temporary application by electronic mail. 

HB 1856: This bill allows a concealed handgun permit holder to obtain a replacement permit in the event that the original permit is lost or destroyed. The permit holder would be required to submit a notarized statement to the clerk of the court that the permit was lost or destroyed and pay a fee not to exceed $5, and the clerk would be required to issue a replacement permit within 10 business days. The replacement permit will have the same expiration date as the original permit.

HB 1857: This bill clarifies that a member of the military may provide permanent orders assigning him to the Pentagon for purposes of providing documentation of residency when purchasing a firearm from a licensed dealer.  It corrects a problem caused by the federal government where some military personnel who are attempting to purchase a firearm in the Commonwealth are being turned away because their permanent duty orders have assigned them to the Pentagon, which lists its official address in Washington, D.C., despite being located in Virginia. HB 1857 will clarify existing law and include the permanent orders to the Pentagon as criteria for required documentation of residence.

SB1213/HB 1501: Provides that the State Board of Elections, in cooperation with the Department of Game and Inland Fisheries, will make mail voter registration application forms available where hunting and fishing licenses are sold.

SB 757: This bill allows an individual to shoot an air rifle (BB, Airsoft or Paintball guns) on private property with permission of the property owner, as long as they take reasonable care to ensure the projectile does not cross property boundaries.  Any local ordinances that do not allow this exception will be pre-empted.  A number of localities (i.e. Fairfax and Blacksburg) have already begun amending their local ordinances to bring them into compliance with the new law. 

HB 2370: This bill authorizes the Board of Game and Inland Fisheries to issue multiple-year hunting, fishing, or trapping licenses or permits. The costs of these types of licenses cannot exceed the costs of the permits or licenses if they were purchased on an annual basis.

HB 2415: This bill establishes a special hunting license for resident and nonresident veterans who have a service-connected disability of at least 70 percent as rated by the U.S. Department of Veterans Affairs. The resident veterans will pay one-half the cost of the annual state basic hunting license and the nonresident veterans will pay one-half the cost of the nonresident basic hunting license.

Militia, Police, and Public Safety Subcommittee #1 Disposes of Gun Control Bills

As expected, Militia, Police and Public Safety Subcommittee #1 disposed of all three anti-rights bills tonight during their meeting.  Below are the results:

HB 1669 - Delegate McClellan's "gun show loophole bill - Tabled
HB 2343 - Delegate Morrissey's attack on open carry - Tabled
HB 2524 - Delegate Carr's bill banning sale and transfer of "high capacity" ammo magazines - Tabled

Regarding progun bills on the docket, HB 1732, which would recognize all out-of-state concealed handgun permits, was stricken from the docket on a vote of 5-0.

Air Rifle Bill Passes Senate

Senator Roscoe Reynolds' SB757 passed the State Senate today on a vote of 27-12.  SB757 would require that any local ordinance which prohibits the shooting of pneumatic guns in certain areas shall have, among its exceptions, an exception to allow the firearm to be discharged on private property with permission of the owner when discharge is conducted with reasonable care to prevent a projectile from crossing the bounds of the property.  VSSA strongly supports this much needed legislation to keep localities from unnecessarily prohibiting the use of air rifles on private property.  The bill now moves to the House.

Sunday Hunting to be Heard in Senate Agriculture, Conservation and Natural Resources

Senator Chap Petersen's SB850, repeal of the Sunday Hunting Ban, is on the docket Monday morning in Senate Agriculture, Conservation an Natural Resources.  It is important that if you have not already done so, that you contact members of the committee by email and urge them to support the bill. Governor McDonnell is supporting the bill, mainly because of the positive economic impact that allowing Sunday Hunting will have in Virginia.

Based on the current vote count, the main opposition to the bill is coming from rural legislators, both Democrat and Republican.  Below is a list of committee members that you should focus on when send your email asking them to support the bill.

Hanger, Watkins, Reynolds, Puckett, Ruff, Blevins, Obenshain, McDougle, Northam, Stuart, Marsden

After letting committee members know how the bill may increase your opportunities to hunt, you should focus you comments on the positive impact that the bill will have on Virginia's economy.  Specifically:

• An economic impact report released by the National Shooting Sports Foundation (NSSF) has found that allowing Sunday hunting would result in the creation of an estimated 4,000 new Virginia jobs. The report also notes that these jobs would pay more than $105 million in wages and contribute approximately $300 million in additional economic activity to the commonwealth.

• The NSSF report also notes that these jobs would pay more than $730 million in wages and contribute approximately $2.2 billion in additional economic activity to those states.

• According to the DGIF 2006 survey of hunters, over three-quarters (77.5%) of responding hunters believed that Sunday hunting would increase the amount of time to hunt and 63% said it would increase “opportunities for hunters to try new places to hunt in Virginia.” This could mean increased revenues for hotels and restaurants if hunters travel more to hunt new locations.

• Allowing hunting on Sundays would likely increase hunting license sales, and increase sales for sporting goods stores, guides, restaurants, gas stations, taxidermists, meat processors and others. It's popular with a majority of sportsmen and would have no impact on resource management.

If you can attend the committee meeting, it will be begin at 9:00AM in Senate Room B in the General Assembly Building behind the Capitol on the corner of 9th and Broad Streets in Richmond.  We need a large turnout for this meeting to show that hunters overwhelmingly support repeal of the Sunday Hunting Ban.  

Results of Tonight's Militia, Police and Public Safety Subcommittee 1 Meeting

Below are the results of tonight's Milita, Police, and Public Safety Subcommittee 1 meeting:

Bills that VSSA Supports:
HB1411 Reckless handling of firearms; revocation of hunting license - Reported 3-0 with amendement, 2 not voting
HB1552 Concealed handgun permits; amends language relating to issuance of de facto permits -  Reported 3-0 with 2 not voting
HB1699 Restoration of firearms rights; requires audio tape or recording be made of hearing - Reported 4-0 with amendment, 1 not voting
HB1856 Concealed handgun permits; holder may obtain replacement for lost or destroyed permits -Reported 4-0, 1 not voting
HB1857 Firearms; documentation of residence for certain military members - Reported 4-0, 1 not voting
HB 2386 Concealed weapons permit; authorizes person to obtain permit to carry any lawfully possessed weapon - Passed by with letter on a voice vote

Bills that VSSA opposes:
HB1600 Libraries; locality may adopt an ordinance that prohibits firearms, etc., on premises - No action taken this meeting.
HB1813 Handguns; prohibits possession of firearm in Capitol and General Assembly Building - Passed by indefinately (PBI)
HB2005 Firearms shows; promoter shall display materials developed by State Police at entrance - No action taken this meeting.

The bills reported out will now go to the full committee and could possibly be heard tomorrow.

House Militia and Police Subcommittee #1 to Hear Gun Bills at 5:00 PM

The House Militia, Police, and Public Safety Committee will meet at 5:00 PM tonight and hear a number of firearm bills.

The following is a of the bills that will be heard that VSSA supports:
HB 1411 Reckless handling of firearms; revocation of hunting license. 
HB 1552 Concealed handgun permits; amends language relating to issuance of de facto permits.
HB 1699 Restoration of firearms rights; requires audio tape or recording be made of hearing.
HB 1856 Concealed handgun permits; holder may obtain replacement for lost or destroyed permits.
HB 1857 Firearms; documentation of residence for certain military members.
HB 2386 Concealed weapons permit; authorizes person to obtain permit to carry any lawfully possessed weapon.
HB 2445 Juvenile information dissemination; info. shall be disseminated to State Police or Attorney General.

Bills that will be heard that VSSA opposes:
HB 1600 Libraries; locality may adopt an ordinance that prohibits firearms, etc., on premises.
HB 1813 Handguns; prohibits possession of firearm in Capitol and General Assembly Building.
HB 2005 Firearms shows; promoter shall display materials developed by State Police at entrance.

VSSA's lobbying team will be at the subcommittee hearing.  Check back later tonight for results of the subcommittee hearing.

Bills Seek to End Sunday Hunting Ban

There were articles in state newspapers this weekend and today on the effort to end the ban on Sunday hunting in Virginia.  A hunting blogger in Chesterfield even contacted this blog last week pushing the issue. 

In the Senate SB850, sponsored by State Senator Chap Petersen, would allow unrestricted hunting on Sundays.  The bill in the House of Delegates, HB2443, would allow hunting with bows, including crossbows, on Sunday.   In the past, the issue has never made it out of committee.  But according to a 2006 survey of hunters by the Department of Game and Inland Fisheries (DGIF) a majority of hunters support ability to hunt on Sunday.  This is much different than the survey conducted by DGIF in 1997 which should a majority opposed to repealing the ban. 

The hunting community is not of one mind on the subject as the clip from a recent WTKR news story illustrates:
 
There are several reasons however for supporting the option to hunt on Sunday.  First, in tough economic times, many people are working two jobs to make ends meet.  The option to hunt on Sunday provides an opportunity for those who cannot get out any other day of the week.  Second, family responsibilities also may make it harder to get out on a Saturday.  Anyone with children knows that extracurricular activities on Saturdays can run most of the day, whether it is football, cheering, or soccer.  Even some of these activities are taking place on Sunday now.  Having the option to hunt on Sunday means one would no longer have to choose between attending our children's activities and hunting.

But there are also important reasons related to continuing our hunting heritage to support the option of Sunday hunting.  DGIF numbers show that the number of hunting licenses issued annually is half what it was in 1974. Further, DGIF says hunting licenses are down 1 percent to 2 percent every year.  The number of licenses purchased in 2010 decreased 3.3% from 2009, going from 253,425 in  to 245,185 in 2010. As the number of hunters decrease, DGIF looks to find other ways to make up the lost revenue - i.e. increased hunting fees.  This has the effect however of pricing more hunters out of the sport.  If a hunter decides to hunt deer during the early muzzleloader season, it now costs $54.  That's $18 for the state resident hunting license, $18 for the muzzleloader license, and $18 for the big game tag. 

When they raise fees, DGIF doesn't just raise them on the resident hunting license, they go up on all three.  So, if the current increase of $5.00 that DGIF is seeking is approved by the Board, that same hunter will now pay almost $70 to hunt deer.  In these tough times, that may be enough for some to not go afield.  If we still had the 250,00 hunters that hunted in 1974 but that no longer hunt, in our ranks, these fee increases would not be necessary.

Further, it is increasing difficult to find a place to hunt as farmland is turned into subdivisions and strip malls.  I used to hunt 15 minutes from where I lived as a teenager.  Now I drive almost an hour because the land where I used to hunt in 1974 is now occupied by a major housing development.

We should be looking for ways to increase opportunities to hunt, not decrease them.  With the numbers not moving in the right direction, Sunday hunting may be one way to help reverse the decline.  The General Assembly should give hunters the choice of choosing whether or not to hunt on Sunday.  Currently, they don't have that choice.

Air Rifle Bill on Senate Local Government Docket Tuesday

State Senator Roscoe Reynolds' SB757 is on the docket for tomorrow's Senate Local Government Committee.  This bill requires that any ordinance which prohibits the shooting of pneumatic guns in certain areas shall have, among its exceptions, an exception to allow the firearm to be discharged on private property with permission of the owner when discharge is conducted with reasonable care to prevent a projectile from crossing the bounds of the property.  This is important regulation as suburban localities continue to add onerous distance restrictions on the discharge of air rifles without considering that ranges can be set up in garages or even in the back yard in a safe manner.  Please contact the following members of the committee and urge them to vote yes on SB757:

 Quayle, Martin, Hanger,  Ruff, Obenshain, Herring, Smith, Marsden, Stanley

Urgent Legislative Alert

The Senate Local Government Committee meets today at 2:00 PM.  On the Docket is S.B. 757,  Senator Roscoe Reynolds bill that would require that any local ordinance which prohibits the shooting of pneumatic guns in certain areas must have among its exceptions, an exception to allow the firearm to be discharged on private property with permission of the owner when discharge is conducted with reasonable care to prevent a projectile from crossing the bounds of the property.  This bill addresses a problem that is spreading throughout the Commonwealth where localities require there be large distances between dwellings or buildings without recognizing that many people can set up an air rifle range in a basement or a garage, or in many cases, a back yard in such a manner as to not cause the likelihood of harm to their neighbors.  Please email the committee members immediately and politely urge them to support this commonsense legislation.

The committee members are:

Lucas (Chairman), Marsh, Quayle, Martin, Hanger, Ticer, Reynolds, Puller, Ruff, Obenshain, Herring, Locke, Smith, Stuart, Marsden

New Bills Filed for 2011 General Assembly

Two new pro-rights bills have been prefiled at the Virginia General Assembly for the coming session, one related to discharging air guns on private property and one having to do with purchasing or transporting a firearm for those subject to preliminary protective orders.

First is Senate Bill (SB) 757, patroned by State Senator Roscoe Reynolds.  This bill requires that any ordinance which prohibits the shooting of pneumatic guns in certain areas shall have, among its exceptions, an exception to allow the firearm to be discharged on private property with permission of the owner when discharge is conducted with reasonable care to prevent a projectile from crossing the bounds of the property.  Localities are increasingly restricting the ability of residents to shoot air rifles on their private property in suburban areas, even when these residents have set up safe ranges that do not allow the BBs or pellets to leave the property.  This bill is a welcome remedy for these situations.

Next is SB 758, another bill patroned by Senator Reynolds.  This bill makes the prohibition on purchasing and transporting a firearm applicable to persons subject to preliminary protective orders that contain a finding of abuse or neglect. Under current law, persons subject to a preliminary protective order are prohibited from purchasing or transporting a firearm regardless of any court finding.

Prefiling of firearm bills has been slow to this point.  It is hard to tell if this is an indication that there will be fewer firearm bills this year than in the past.  Keep checking the blog for more information on the coming legislative session.

Another Bill Prefiled

On Monday, Senator Roscoe Reynolds (D- Martinsville) prefiled SB 755, a bill that would allow a person who has received mental health treatment or substance abuse treatment in a residential setting within five years from the application to petition the court for a permit to carry a concealed handgun. Currently, such persons are disqualified from obtaining a permit within five years of receiving residential treatment. This brings the total so far to three bills.  VSSA previously reported on November 12th, that three bills had been prefiled but one of those bills, HB 995 was actually a carryover bill from last session.  HB 995 would have allowed a prospective purchaser to present a current or retired military identification card or a concealed handgun permit in order to establish citizenship or lawful admission for permanent residence in order to purchase an "assault firearm." On December 3rd, the bill was left in Militia and Police and must be reintroduced if it is going to be considered in 2011.