HB2340 Reported from MP&P Subcommittee #2

This morning, Militia Police and Public Safety Committee Subcommittee #2 reported HB2340 to the full committee on a vote of 5-3.  HB2340 is Delegate Marshall's bill that prevents any state agency or polictial subdivision from assisting the Federal government in any investigation, prosecution, detention, arrest, search, or seizure, under the authority of any federal statute enacted, or Executive Order or regulation issued, after December 31, 2012, infringing the individual Right to Keep and Bear Arms by imposting new restrictions on private ownership or private transfer of firearms, firearm magazines, ammunition, or components.  The bill now moves to the full committee which meets tomorrow.

Senator William Stanley Abandoned Gun Owners on Gun Show Vote

As detailed in VSSA's legislative update emailed out earlier today the busy morning in Senate Courts of Justice defeated most all of the anti-rights legislation except one - the so-called "gun show loophole" bill.  Two bills were combined into one and then anti-rights Senator Donald McEachin offered an amendment in the nature of a substitute to require private sellers to consign their firearms to an FFL in order to sell them at a gun.  This is burdensome not only to the private seller, but also to FFLs, who are (rightly) more concerned with their own livelihood than trying to sell someone else firearm.

This would not have happened if Delegate William Stanley from southwest Virginia had not abandoned gun owners.  It was expected that committee chairman Thomas Norment would vote for the bill because he has done so in the past.  But if Stanley had not voted for the bill, it would have died 7-7. Even after casting the vote, the Times Dispatch reported that he was already back peddling.

Even Stanley, a conservative Republican from Southwest Virginia, backpedalled somewhat after the vote, saying the bill needs work and he needs to see it in its final version before deciding whether to continue to support it.

“The concept I support,” he said, noting that the legislation would not restrict the private sales of guns outside of gun shows. He called it “a work in progress.”

The bill now goes to Senate Finance to determine if it has a fiscal impact.  If it clears the finance committee, it will head to the floor where the vote will be close.  Please contact Senator Stanley and politely but firmly let him know how disappointed you are with his vote and to urge him to vote no on SB1001 if he is has the opportunity to vote on the bill again.

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.

Senate Courts to Take Up Firearm Related Bills

There is a busy morning scheduled for Senate Courts of Justice tomorrow morning.  The bills on the docket include:

S.B. 785

Patron: Marsden

Use of firearm in commission of crime; civil liability. This bill makes you civilly liable for injury if your firearm is stolen and used in a crime if you did not "adequately secure the firearm from theft or unauthorized possession."

S.B. 786

Patron: Marsden

Creates a $250 civil penalty for failing to report to law enforcement that a firearm you own has been lost or stolen.

S.B. 911

Patron: Howell

One of the annual "Gun Show Loophole" bill.  Adds a definition of "firearms show vendor" and requires that a background check be performed on the prospective transferee before the private seller may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also requires that the promoter of a firearms show provide vendors with access to licensed dealers who will conduct the criminal history record information check.

S.B. 965

Patron: Ebbin

Makes the victim of the crime of a stolen firearm a double victim by failing to report to law enforcement within 24 hours of the time you "should have known" that the firearm has been stolen.  You would be guilty of a Class 3 misdemeanor, and is guilty of a Class 1 misdemeanor for a second or subsequent violation. The bill also provides that a person who knowingly files a false report of a lost or stolen firearm is guilty of a Class 1 misdemeanor.

S.B. 1001

Patron: Marsh

Another so-called "gun show loophole" bill.  Adds a definition of "firearms show vendor" and requires that a background check be performed on the prospective transferee before the private seller may transfer firearms at a gun show. The bill also requires that the promoter of a firearms show provide vendors with access to licensed dealers who will conduct the criminal history record information check.

S.B. 1012

Patron: Ebbin

Possession of handguns in legislative buildings. Prohibits the possession of a firearm in Capitol Square, including the Capitol and other buildings predominantly used to conduct the business of the General Assembly. The Capitol Police are required to screen persons entering the Capitol or the General Assembly Building. The prohibition would not apply to members of the General Assembly or to law-enforcement officers.

S.B. 1136

Patron: McEachin

Senator McEachin's second attempt to bann all private transfers of firearms.  Creates a Class 2 misdemeanor for a person who is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer. The bill also creates a Class 2 misdemeanor for a person who is not a licensed dealer to buy, rent, trade, or transfer a firearm from any other person who is not a licensed dealer.

S.B. 1148

Patron: McEachin

Bans sale and transfer of standard capacity magazines.  Prohibits any person from selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 1 misdemeanor. The bill prohibits a person from carrying semi-automatic center-fire firearms with more than 10 rounds of ammunition in a public place; under existing law this prohibition applies only in certain localities and only to such firearms if the firearm holds more than 20 rounds of ammunition. The bill redefines "assault firearm" in the Code section that prohibits noncitizens and persons not lawfully admitted for permanent residence from possessing assault firearms and in the Code section that prohibits dealers from transferring an assault firearm to such persons by reducing the number of rounds of ammunition that the magazine will hold from more than 20 to more than 10. The rounds of ammunition are also reduced from more than 20 to more than 10 in the section that makes it unlawful for a person younger than 18 years of age to possess an assault firearm.

S.B. 1228

Patron: Saslaw

Repeals Virginia's pre-emption law.  Repeals provisions preventing localities from adopting ordinances and taking administrative actions regarding firearms and authorizes localities to adopt ordinances that prohibit firearms, ammunition, or components, or a combination thereof, on property owned or leased by a locality.

S.B. 1232

Patron: Ebbin

Requires all sales, including private firearms sale to undergo background checks.  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.

S.B. 1281

Patron: Deeds

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 someone who is prohibited from possessing a firearm by state or federal law is guilty of a Class 6 felony.

Please contact the following members of the committee and urge them to oppose all of the above legislation:

Senator Norment,  Senator Edwards, Senator Obenshain , Senator McDougle, Senator Stuart,  Senator Vogel, Senator Stanley, Senator Reeves, and Senator Garrett.

VSSA's lobbying team has been working with legislators in both the House and the Senate to insure your rights are protected.  The Senate is of special importance as some members of the Courts Committee vote with us sometimes and not at other times.  Please contact them today and politely let them know that law abiding gun owners are the only people that would be affected by the above legislation and that none of the proposals would prevent crime.