Delegate Todd Gilbert Receives the NRA Defender of Freedom Award

On Friday, April 28, Delegate Todd Gilbert was presented the 2017 NRA Defender of Freedom Award at the NRA Annual Meeting's and Exhibits.  Delegate Gilbert has been a tireless defender of our firearm freedom in the Virginia House of Delegates.. He has sponsored numerous bills to restore our freedoms and has worked to defeat bills that infringe on those freedoms.  This year, he was the House sponsor of legislation that would have allowed victims of domestic violence to carry a concealed handgun for 45 days after a protective order was issued. The bill also provided that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which would serve as a de facto concealed handgun permit.   Governor McAuliffe vetoed the legislation.  He spoke with NRATV while he was at the Annual Meeting.

McAuliffe Vetoes Final Two Gun Bills

As expected, Governor Terry McAuliffe vetoed the two gun related bills after the General Assembly rejected amendments he made to the bills.  The first bill,  Senate Bill 1023 had been amended by a substitute bill that would have reinstated handgun rationing (one gun-a-month) in the Commonwealth.  McAuliffe claimed the bill was opposed by the state police:

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 1023. This bill, which is opposed by the Virginia State Police, would prohibit the sharing of Virginia concealed handgun permit information with another state’s law-enforcement agencies if Virginia does not have a concealed handgun reciprocity agreement with that state. The bill also would require the State Police to publish a list of states recognizing the validity of Virginia concealed handgun permits on its website.

Information sharing is the bedrock of effective cross-jurisdictional law enforcement, and the withholding of information adversely impacts investigations and jeopardizes the safety of officers. Depriving law enforcement officers of this critical, potentially life-saving information would put them in harm’s way -- an unacceptable outcome that I cannot support.

During the Reconvened Session, I offered a substitute to Senate Bill 1023 which would have enhanced public safety by restoring Virginia’s “One-Handgun-A-Month” law. Since this law was repealed in 2012, Virginia has once again become a prime location for criminals to purchase weapons in bulk. This amendment was not adopted.

SB1023 would have protected concealed handgun permit holders from the various fishing expeditions that law enforcement in anti-gun states will sometimes put gun owners through during routine traffic stops once they find out the individual is a permit holder.  It would have prevented the state police from sharing CHP information with law enforcement in anti-gun states.

The second bill vetoed was Senate Bill 1315.  SB1315 would have allowed foster parents to carry a firearm on their person.  It also required firearm to be securely locked when not in use. McAuliffe said in his veto message:

Many children in foster care have suffered difficult childhood experiences and struggle to find a stable home.  The state has a special responsibility to ensure that those children enjoy living conditions that are as safe as possible.

  To provide an extra layer of protection from unintended use of weapons in foster care homes, the state currently requires firearms and ammunition to be stored in separate, locked locations. Senate Bill 1315 would eliminate this added protection, increasing the risk that children might gain unauthorized access to firearms and ammunition.

  During the Reconvened Session, I offered a substitute amendment that would have strengthened the gun safety provisions by requiring compliance with local ordinances, requiring firearms to be stored separately from ammunition, and clarifying the required use of safety mechanisms. This amendment was rejected.

  The unintended use of weapons can pose a serious danger to children and adults in foster care homes.

Accordingly, I veto this bill.

Neither bill would have endangered the public as CHP holders are some of the most law abiding individuals in the country. Additionally, gun owners are also safety conscious.  Unintended deaths involving firearms are at all time lows.  SB1315 would not have endangered children who are in foster care.

These actions further demonstrate the need to elect a pro-rights Governor in the 2017 statewide elections.  Please vote in the June nominating primaries then get involved in the campaign of pro-rights candidates.  If we want to advance good legislation, the only way to do that is with a pro-rights Governor.

General Assembly Veto Session Wrap-up

Photo by Richmond Times-Dispatch

Though it is disappointing, it is not completely unexpected that Governor McAuliffe's vetoes of several firearm related bills were upheld, as attempts in both the House and Senate fell one or more votes short of an override.  Here is how the Virginian Pilot described it:

At veto ceremonies, Gov. Terry McAuliffe often calls himself the “brick wall” against what he calls bad bills delivered by the Republican-controlled General Assembly.

GOP lawmakers didn’t have enough sledgehammers to break down that wall Wednesday during a one-day session in which lawmakers handled budget amendments and addressed the governor’s vetoes.

And now, McAuliffe is the most successful brick wall in Virginia history – 111-0 in vetoes.

That’s 21 more vetoes in an administration than Gov. Jim Gilmore’s 90 in the late 1990s.

McAuliffe also takes the single-year record with 40, beating Gilmore’s 37 vetoes in 1998.

Votes were largely along party lines on the 40 vetoed bills, but some Democrats did join with Republicans in a few votes.  The one bright spot was McAuliffe's attempt to reinstate handgun rationing failed.  Unfortunately, the underlying bill, SB1023 will likely be vetoed now that the substitute was returned as being unconstitutional.  Governor McAuliffe said after all of the firearm bill vetoes were upheld:

“We blocked bills that would have injected firearms into volatile domestic violence situations, making victims less safe, not more. Others would have created an unwarranted expansion of persons allowed to carry concealed handguns, including service-members considered by the military as unqualified to bear arms to be issued a concealed carry permit.

“While we successfully stopped legislation that would have threatened the safety of Virginians, I am disappointed that the General Assembly did not reinstate Virginia’s One-Handgun-a-Month law. The legislature’s ill-advised step to repeal this common-sense policy has made Virginia a go-to state for criminals to purchase weapons in bulk again. You needn’t look further than the 627-count gun-trafficking indictment earlier this month that included 22 Virginians. One of those suspects even bragged on a police wiretap about how easy it was to acquire guns in Virginia. By preventing the reenactment of this rule, Republicans have ensured the Commonwealth will continue a negligent approach to preventing gun crime.”

The Second Amendment related bills that were vetoed are:

HB1432/SB1347 Switchblade knife; exception to carry concealed.
HB1582/SB1362 Concealed handgun permits; age requirement for persons on active military duty.
HB1852/SB1299 Concealed handguns; protective orders.
HB1853/SB1300 Victims of domestic violence, etc.; firearms safety or training course.

SB1023, a bill that limited the sharing of concealed handgun permit holder information with states that do not have reciprocity with Virginia, was amended in the nature of a substitute to reinstate handgun rationing and was an effective veto as McAuliffe knew it was not going to be approved.  Because the State Senate ruled the change to the originating bill was unconstitutional, it now goes back to the Governor where he will likely veto the underlying bill.  McAuliffe has previously vetoed similar legislation.

Yesterday illustrates how important it is that gun owners band together to elect a pro-gun governor this year.  We have passed a number of pro-rights bills in the last four years only to see them vetoed by McAuliffe.  Now is the time to elect a pro-rights Governor, Lt. Governor, and Attorney General so that we can go on offense in the next General Assembly and pass into law the bills that McAuliffe has vetoed, as well as pass other pro-rights legislation.

McAuliffe Substitutes Handgun Rationing for SB1023 CHP Privacy

Photo by Richmond Times-Dispatch

In the final day to act on 2017 legislation, Governor Terry McAuliffe sent back an amendment in the nature of a substitute to SB 1023, Senator Richard Stuart's bill to protect the privacy of Concealed Handgun Permit (CHP) holders when they are traveling in states that do not have reciprocity agreements with Virginia.  The Richmond Times Dispatch has more:

In a statement announcing the proposal, McAuliffe, a Democrat, cited a 627-count indictment that charged 22 Virginians with running more than 200 guns bought in Virginia north to New York and selling them to an undercover officer. One of the suspects was overheard on wiretaps mocking Virginia’s gun laws, saying he could buy as many guns as he wanted.

McAuliffe said in a statement: “One-handgun-a-month was enacted almost a quarter century ago to counter Virginia’s shameful reputation as the gun-running capital of the East Coast. Five years ago, the General Assembly took the ill-advised step of repealing this commonsense limitation. As a result, Virginia is once again becoming the go-to state for criminals to purchase weapons in bulk.”

The governor’s proposal elevates the repealed law as a political issue in an election year, but it will likely face a hostile reception when the General Assembly reconvenes for the April 5 veto session.

McAuliffe is seeking to tack his amendment onto Senate Bill 1023, sponsored by Sen. Richard H. Stuart, R-Stafford. Stuart’s measure would bar sharing information regarding Virginia concealed-handgun permits with law enforcement in states that do not recognize a Virginia concealed-handgun permit as valid. The bill already passed both chambers of the General Assembly.

Stuart called it unfortunate Monday evening that he hadn’t seen the amendment. The governor’s office announced it late Monday afternoon.

“I also find it unfortunate that the governor chooses to place his priorities with New York City instead of the citizens of Virginia,” Stuart said in an email. “This bill was to protect Virginians that are in lawful possession of a firearm from being arrested by out-of-state jurisdictions that don’t give reciprocity to our concealed-carry permit. The bill very simply is designed to protect the people that are playing by the rules.”

Delegate Todd Gilbert is correct that this is just a political stunt.  SB1023 passed by veto proof margins in both the House of Delegates and the State Senate.  It is not clear those margins would have held had McAuliffe just vetoed the bill but he clearly wanted to try and continue to score political points off of the New York gun traffickers a couple weeks ago.  The amendment has little chance of succeeding.

I'll be on NRATV talking more about this with Cam Edwards of NRANews Cam and Company at 2:40 today.

Update: Yesterday's discussion with Cam Edwards:

Updated: Governor McAuliffe Vetoes Important Self Defense Bills

Photo by Richmond Time-Dispatch

*Note: This post has been updated below to reflect current status of the legislation after it was originally posted.

Update: Governor Terry McAuliffe has vetoed important self defense legislation.  The bills are:

HB1852/SB1299: Carrying concealed handguns; protective orders, Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. The bill provides that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which shall serve as a de facto concealed handgun permit. 

HB1853/SB1300: Victims of domestic violence, etc.; firearms safety or training course, Creates the Virginia Firearms Safety and Training for Sexual and Domestic Violence Victims Fund. The bill provides that the Department of Criminal Justice Services may distribute funds from the Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, or family abuse. 

SB1362: Carrying concealed weapons; exemption for nonduty status military personnel. Provides that a member of the Virginia National Guard, Armed Forces of the United States, or Armed Forces Reserves of the United States in a nonduty status may carry a concealed weapon wherever such member may travel in the Commonwealth, provided that such member is carrying his valid military identification card.

McAuliffe has until midnight Monday to act on the following bill:

SB1023: Concealed handgun permits; sharing of information. Prohibits sharing of information regarding Virginia concealed handgun permits in the Virginia Criminal Information Network with law enforcement in states that do not recognize a Virginia concealed handgun permit as valid in the state. The bill requires the Department of State Police to maintain and publish online a list of states that recognize a Virginia concealed handgun permit as valid in the state. The bill does not create a private cause of action.

The Governor has previously vetoed bills similar to HB1853/SB1299, and SB1023.  You can contact the Governor's office and urge him to sign SB1023 at 804-786-2211 or by email by clicking here.  

Gabriella Hoffman: Let Victims of Domestic Violence Conceal Carry in Virginia

Gabriella Hoffman, a conservative blogger and media strategist, wrote in Monday's Richmond Times Dispatch that Governor Terry McAuliffe should sign two bills currently sitting on his desk, HB1852 and SB1299, which would allow victims of domestic violence to carry a concealed firearm without a permit for 45 days.  If they apply for a concealed handgun permit during that time, they would get an additional 45 days from the date of the application.

Two bills sitting on Gov. Terry McAuliffe’s desk — House Bill 1852 and Senate Bill 1299 — would make it easier for victims of domestic abuse to protect themselves. If signed into law, these bills would allow anyone seeking a protective order to temporarily carry a concealed handgun without a permit. Virginia already allows law-abiding citizens to carry a firearm openly without a permit. The bill would protect a woman from criminal prosecution if she placed her handgun in her purse or under a jacket. It just makes sense.

In Virginia, a person seeking to carry a concealed handgun must get a state-issued permit. The process requires submitting an application to your local circuit court, paying a $50 fee and consenting to a background check. Under Virginia law, the state has up to 45 days to process a CHP application. That waiting period is often too long for victims of domestic abuse.

In March 2014 a 43-year-old mother of five in Loudoun County, Michelle Castillo, was found murdered in her home, allegedly at the hands of her estranged husband. Last April, a Leesburg mother of three, Christina Fisher, was shot to death at her home, allegedly by her ex-boyfriend. Last November in Big Stone Gap, 38-year-old Janina Jefferson was allegedly murdered by her ex-husband. What do these three cases have in common? The murdered women each had a restraining order against the men who allegedly killed them. All three women might be alive today if they had been able to protect themselves with a concealed handgun.

Last year, McAuliffe vetoed similar legislation saying:

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 626, which provides that for a period of 45 days after the issuance of a protective order, the person who has issued the order may lawfully carry a concealed handgun. This bill eliminates the application and training requirements associated with concealed handgun permits and allows petitioners to carry a concealed handgun immediately upon the issuance of any protective order.

That bill allowed any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm under state or federal law and is protected by a protective order for 45 days after such order was issued or until such order expires or is otherwise dissolved by the issuing court, whichever occurs first. If the individual applied for a concealed carry permit during that time, the exemption would be extended for an additional 45 days until the application was processed.  So, McAuliffe is presuming that everyone that may take advantage of the statute would just get a gun and not be trained in how to protect themselves.  Remember that even a hunter safety course qualifies someone in Virginia to apply for a CHP so McAuliffe is on thin ice on the training issue.

In his veto message, McAuliffe also referenced the compromise that restored the reciprocity/recognition agreements with 25 states which had been ended by Attorney General Mark Herring in December of 2015.  Part of that agreement included legislation that required abusers that were subject to a protective order to get rid of their firearms (to date 28 firearms have been turned over to law enforcement) as a reason SB626 would be unnecessary, as if someone bent on doing harm is going to comply with the law.

Gun owners need to contact the Governor's office and urge him to sign both HB1852 and SB1299.

Legislative Update

The Virginia General Assembly adjourns tomorrow and action on all of the firearm related bills is completed with the exception of the approval, amending, or rejecting by the Governor.  Governor Terry McAuliffe has already vetoed two self-defense related bills, one gun related and one knife related, and the House passed by the attempt to override that action until the reconvened session scheduled for April 5.

This year saw a number of bills that continue to create a separate class of citizens related to concealed handgun permits (CHP), adding retired conservation officers, former attorneys and assistant attorneys of the Commonwealth and retired probation, workers' compensation commissioners, and parole officers to those who can either carry concealed without a permit or who are exempt from the fees required to obtain a CHP.  What has basically occurred over the last several years is creating a group of retired law enforcement personnel that get exemptions from the requirements that the rest of of have to follow.  This could all be avoided if the General Assembly would pass Constitutional Carry, giving Virginians the option to carry without a permit, while preserving the permit process so that those who want to carry outside of Virginia can still do so.  Bills doing just that were approved by the two main committees that deal with firearm related matters, only to be sent to the money committees to be killed.  This must end!

There were some important bills that did pass, two, as mentioned above have already been vetoed, and others are awaiting action by the Governor.  Those bills are:

HB 1432 Carrying a switchblade knife; exception. Authorizes any person to carry a switchblade knife concealed when such knife is carried for the purpose of engaging in a lawful profession or lawful recreational activity the performance of which is aided by the use of a switchblade knife. The bill removes switchblade knives from the list of weapons the selling, bartering, giving, or furnishing of which is a Class 4 misdemeanor. - Vetoed by Governor, House will attempt override on April 5, 2017.

HB 1466 Renewal of concealed handgun permits; notice. Provides that if a clerk has an electronic system for the application for and issuance of concealed handgun permits and such system has the capability of sending electronic notices to a permit holder, the clerk shall send the permit holder an electronic email notice that the permit will expire at least 90 days prior to such expiration. Approved by Governor Effective July 1, 2017

HB 1582 Concealed handgun permits; age requirement for persons on active military duty. Allows a person at least 18 years of age but less than 21 years of age to apply for a concealed handgun permit if he is on active military duty or has received an honorable discharge from the United States Armed Forces or the Virginia National Guard and has completed basic training as a part of his military service. Vetoed by Governor, House will attempt override on April 5, 2017

HB 1852 Carrying concealed handguns; protective orders. Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. Approved by House and Senate, Governor has until March 27 to act.

HB 1853 Victims of domestic violence, etc.; firearms safety or training course. Creates the Virginia Firearms Safety and Training for Sexual and Domestic Violence Victims Fund. The bill provides that the Department of Criminal Justice Services may distribute funds from the Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, or family abuse. Approved by House and Senate,  Governor's Action Deadline Midnight, March 27, 2017.

HB 2325 Application for a concealed handgun permit; photo identification. Requires applicants for a concealed handgun permit to present one valid form of government-issued photo identification issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense or U.S. State Department (passport). The bill removes the requirement that the application be made under oath before a notary. Governor's Action Deadline Midnight, February 24, 2017

HB 2369 Concealed handgun permit; change of address. Replaces the requirement that a concealed carry permit holder present proof of a new address with a requirement that the permit holder present written notice of the change of address on a form provided by the Department of State Police for a court to issue a replacement concealed handgun permit due to a change of address. Governor's Action Deadline Midnight, February 24, 2017

SB 1023 Concealed handgun permits; sharing of information. Prohibits sharing of information regarding Virginia concealed handgun permits in the Virginia Criminal Information Network with law enforcement in states that do not recognize a Virginia concealed handgun permit as valid in the state. The bill requires the Department of State Police to maintain and publish online a list of states that recognize a Virginia concealed handgun permit as valid in the state. The bill does not create a private cause of action. Approved by House and Senate,  Governor's Action Deadline Midnight, March 27, 2017.

SB 1299 Carrying concealed handguns; protective orders. Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued.   Governor's Action Deadline Midnight, March 27, 2017

SB 1300 Victims of domestic violence, etc.; firearms safety or training course. Provides that the Department of Criminal Justice Services may distribute funds from the Virginia Sexual and Domestic Violence Victim Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, and family abuse. The bill also requires that, upon the issuance of a protective order, the petitioner for the order be provided with a list of such approved courses or classes. Governor's Action Deadline Midnight, March 27, 2017

Legislation similar to SB1023, HB1852/SB1299 and HB1853/SB1300 all passed in 2016 but were all vetoed by the Governor.  Gun owners should contact the Governor and urge him to sign all of these bills.  Also contact your Delegate and Senator and urge them to override the Governor's veto of HB 1432 and HB 1582.

Finally, as has been the case for over 20 years, all of the gun ban lobby supported legislation was defeated this year, all during the first half of the session.  We have been able to kill bad legislation but the Governor has vetoed a number of good bills during his three years in office.  If we want to go on the offensive and enact good legislation, we need to elect a pro-rights Governor, Lt. Governor and Attorney General this year.  That is what is at stake in this year's statewide elections.

Governor Vetoes Bill Allowing Military Personnel Under 21 to Have CHP

Yesterday Governor Terry McAuliffe announced he had vetoed HB1582, a bill that would have allowed active duty and retired military members who are under the age of 21 to apply for concealed handgun permits.  The Governor stated:

Contrary to the assumption of House Bill 1582, weapons familiarization training as a component of an individual's military basic training does not qualify that individual to carry weapons in follow-on service. Under the bill, an individual who has completed basic training but who subsequently was disqualified (for medical or other reasons) from having access to weapons could nevertheless apply for a concealed handgun permit.

My concerns about the bill are in no way a reflection of my respect and support for the brave young men and women who serve our nation in uniform. I have made this decision to veto this bill after consultation with military leadership, including Secretary of Veterans and Defense Affairs Admiral John Harvey, USN (Ret), who dealt with this issue extensively throughout his 39-year career in our Navy. House Bill 1582 reflects an incomplete understanding of weapons qualification practices within our military and is an unwarranted expansion in the number of people allowed to carry handguns in the Commonwealth. It would do nothing to protect the safety of our citizens.

Governor McAuliffe is the one who reflects an incomplete understanding of the CHP process.  It also plays into the stereotype that CHP holders don't seek additional training beyond the basic requirements to apply for a permit.  If McAuliffe completely understood it, he would know that the current process allows someone who had only completed a hunter safety course to qualify for a CHP.

I've never served in the military but I have to believe that "weapons familiarization training" provided during basic training has to at least provide the level provided in a hunter safety course.  Even if someone who completed basic training but was disqualified for medical or other reasons that resulted in an honorable discharge would have the basic knowledge to be approved for a CHP.  We trust these folks to defend our nation but we don't trust them to properly carry a concealed firearm?

The Governor also vetoed HB1432, a bill that authorizes any person to carry a switchblade knife concealed when such knife is carried for the purpose of engaging in a lawful profession or lawful recreational activity the performance of which is aided by the use of a switchblade knife. The bill removes switchblade knives from the list of weapons the selling, bartering, giving, or furnishing of which is a Class 4 misdemeanor. McAuliffe's veto message stated in part:

There is no compelling need to add to the list of weapons that can be lawfully concealed from public view and easily traded. Legalizing the concealed carry of switchblade knives would needlessly endanger the lives of Virginians. Furthermore, the laws of the United States prohibit the manufacture, transportation or distribution of switchblade knives.

HB1582 passed the House of Delegates 78-19, a veto proof margin that included a significant number of Democrats.  It passed the State Senate 24-15 with Senator Frank Wagner not voting.  That is three votes short of being able to override the Governor's veto.  Presuming that Senator Wagner, who is running for Governor touting his Second Amendment bona fides, votes with the majority, that leaves the total two short.  Some of those who voted against the bill live in areas representing a large number of military personnel.  Gun owners should immediately contact their Delegate and State Senator and urge them to override the Governor's veto.

HB1432 failed to pass either house by a veto proof margin.  Its fate faces an uphill climb to find the votes to override the veto.

Legislative Update

Crossover occurred on Tuesday, February 7th and as of that date, all anti-gun legislation had been defeated.  Bills ranging from the usual background check bills (so-called "gun show loophole", "universal" background checks), a bill requiring FFLs to sell so-called "smart guns", a bill reinstating handgun rationing, and a bill holding private sellers civilly liable is a gun they sell is used in a crime, among others, were killed.  Three pro-gun bills are already headed to Governor McAuliffe's desk:

HB1432- Carrying a switchblade knife; exception. Authorizes any person to carry a switchblade knife concealed when such knife is carried for the purpose of engaging in a lawful profession or lawful recreational activity the performance of which is aided by the use of a switchblade knife. The bill removes switchblade knives from the list of weapons the selling, bartering, giving, or furnishing of which is a Class 4 misdemeanor.

HB1582 - Concealed handgun permits; age requirement for persons on active military duty. Allows a person at least 18 years of age but less than 21 years of age to apply for a concealed handgun permit if he is on active military duty or has received an honorable discharge from the United Stated Armed Forces or the National Guard and has completed basic training as a part of his military service. The bill allows reciprocity under the same circumstances for a nonresident who carries a concealed handgun or weapons permit recognized in the Commonwealth. Current law requires that residents and nonresidents be at least 21 years of age to carry a concealed handgun.

HB1849 - Concealed handgun permit; permit requirements. Provides that a concealed handgun permit shall be of a size comparable to a Virginia driver's license and may be laminated or use a similar process to protect the permit. Current law requires that the permit be no larger than two inches wide by three and one-fourth inches long.

Legislation is going to be moving very quickly from this point forward.  Check the legislative tracking form daily for updates.

One of the more disappointing things about this year has been the defeat of Constitutional Carry bills.  Both the House and Senate versions of these bills were reported out of the respective committees (Senate Courts of Justice and House Militia, Police and Public Safety) but were then referred to Senate Finance and House Appropriations where they were killed due to a supposed fiscal impact:

Fiscal Implications: The proposed legislation would exempt any person who is authorized to open carry a handgun in the Commonwealth, from having to obtain a concealed handgun permit. The proposed bill also provides that an individual who qualifies to carry handgun under this subdivision is not required to demonstrate competency with a handgun under subsection B of § 18.2-308.02 or subsection B of §18.2-308.06.

Currently, under existing law, the court, local law enforcement and the Department of State Police may each charge a fee for processing an application for a concealed handgun permit not to exceed $50. The court collects $10 for the processing of an application or issuing of a permit, the local law enforcement agency may charge a fee of not more than $35 to cover the cost of conducting an investigation, and the Department of State Police may charge a fee not to exceed $5 to cover the cost associated with processing the application. For nonresident applications, the Department of State Police accepts and processes each application. There is a $100 fee associated with each nonresident application to cover the cost of the background check and issuance of the permit. All fees collected by the Department of State Police in the concealed handgun program are deposited into the general fund.

According to data from the Department of State Police (Department), an average of 70,192 resident concealed handgun permits, and 4,131 nonresident concealed handgun permits were issued in the years 2012 through 2016. Based upon available data, it collected a total of $1,221,695 in FY 2016 for both types of permits, which was subsequently deposited into the general fund. The proposed legislation would have an impact on general fund revenue and revenue collected by localities. However, because the number of individuals who would be exempt under this proposal is unknown, the estimated revenue loss to the state cannot immediately be determined at this time.

There is not enough data to estimate the impact to localities. According to the Compensation Board (Board), currently, based on best available data, the estimated revenue loss to state could be as much as $847,000 and the estimated revenue loss to localities could be as much as $240,000.

Fees charged for Concealed Handgun Permits (CHPs) were supposed to be revenue neutral, only covering the cost of issuing the permits.  But it appears from the Fiscal Impact Statement (FIS) that localities and the state have begun looking at CHPs as a source of revenue over and above what it costs to process the applications.  You will note that the FIS makes no mention of the reduction in costs to the State Police and localities if they no longer had to process some CHP applications, thus off setting the "loss" of revenue.

Legislative Update

As the General Assembly races toward "Crossover" on February 7th, bills both good and bad are being dispensed with at a rapid pace.  That is not to say that good legislation is not moving forward, but bills like "Constitutional Carry" cleared Senate Courts of Justice only to be killed by the Senate Finance Committee.  A complete list of bills and their current status can be found on the VSSA web site but below are details of the more important bills that were introduced and where they currently stand in the legislature:

HB1392 - School security officers; carrying a firearm in performance of duties.Authorizes a school security officer to carry a firearm in the performance of his duties if (i) he is a retired law-enforcement officer who retired or resigned in good standing, (ii) he has met the additional training and certification requirements of the Department of Criminal Justice Services (DCJS), (iii) the local school board solicits input from the chief law-enforcement officer of the locality regarding the qualifications of the officer, and (iv) the local school board grants him the authority to carry a firearm in the performance of his duties. The bill requires DCJS to establish additional firearms training and certification requirements for school security officers who carry a firearm in the performance of their duties. Existing law requires DCJS to establish minimum training and certification requirements for school security officers. - Passed House

HB1406 - Restoration of right to possess, etc., a firearm. Provides that a person convicted of a felony, other than a violent felony, whose civil rights have been restored is not required to petition a circuit court for an order to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon. The bill provides that such person's right to possess, transport, or carry such items is automatically restored upon the restoration of his civil rights. The bill has an effective date of January 1, 2019, contingent upon voter approval of amendments to Article II, Section 1 and Article V, Section 12 of the Constitution of Virginia at the November 2018 general election. Died in Subcommittee

HB1432 - Carrying a switchblade knife; exception. Authorizes any person to carry a switchblade knife concealed when such knife is carried for the purpose of engaging in a lawful profession or recreational activity the performance of which is aided by the use of a switchblade knife. The bill removes switchblade knives from the list of weapons the selling, bartering, giving, or furnishing of which is a Class 4 misdemeanor. Passed House

HB1466 - Renewal of concealed handgun permits; notice. Requires the clerk of the court that issued a concealed handgun permit to notify the permit holder, at least 120 days but no more than 180 days prior to the expiration date, of the expiration date of the permit and the requirements for renewing the permit. The bill provides that such notice may be sent to the permit holder's address or, upon request of the permit holder, email or other electronic address. The bill provides further that any failure to send or receive such notice does not extend the validity of the existing permit beyond its expiration date. Passed House

HB1582 - Concealed handgun permits; age requirement for persons on active military duty. Allows a person at least 18 years of age but less than 21 years of age to apply for a concealed handgun permit if he is on active military duty or has received an honorable discharge from the United Stated Armed Forces and allows reciprocity under the same circumstances for a nonresident who carries a concealed handgun or weapons permit recognized in the Commonwealth. Current law requires that residents and nonresidents be at least 21 years of age to carry a concealed handgun. Passed House

HB1849 - Concealed handgun permit; permit requirements. Provides that a concealed handgun permit shall be of a size comparable to a Virginia driver's license and may be laminated or use a similar process to protect the permit. Current law requires that the permit be no larger than two inches wide by three and one-fourth inches long. Passed House

SB989 - Commonwealth's Twenty marksmanship award. Provides for the Commonwealth's Twenty marksmanship award to recognize the top 20 marksmen in Virginia. These top 20 marksmen shall be chosen from the Virginia state residents who compete at the annual Virginia State Championship matches sanctioned by the Virginia Shooting Sports Association . Passed Senate

SB1023 - Concealed handgun permits; sharing of information. Prohibits sharing of information regarding Virginia concealed handgun permits in the Virginia Criminal Information Network with law enforcement in states that do not recognize a Virginia concealed handgun permit as valid in the state. The bill requires the Department of State Police to maintain and publish online a list of states that recognize a Virginia concealed handgun permit as valid in the state. The bill does not create a private cause of action. Passed Senate

SB1299 - Carrying concealed handguns; protective orders. Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. The bill provides that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which shall serve as a de facto concealed handgun permit. The bill requires such person to have the order or certified application and photo identification on his person when carrying a concealed handgun and to display them upon demand by a law-enforcement officer; failure to do so is punishable by a $25 civil penalty. Passed Senate

SB1444 - Restricted ammunition; use or attempted use in the commission of a felony; penalty. Removes the prohibition on use or attempted use of restricted firearm ammunition in any non-felony criminal offense. The bill expands the definition of restricted firearms ammunition to include "pinched tip" bullets and expands the exception to such definition to include certain ammunition with copper cores. The bill provides that if any ammunition has been approved by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives for commercial sale, it is not restricted firearms ammunition. Reported from Committee and on Second Reading in Senate

In addition to the above good bills, a number of bad bills including bills requiring firearm dealers to to stock so-called "Smart Guns", bans on carrying in public libraries, handgun rationing, so-called "universal" background checks, bills restricting parents from deciding when to introduce their children to the shooting sports, and bills making private sellers liable if a firearm they sell ends up being used in a crime, have all been defeated.

The VSSA legislative team has been working with the committees responsible and continues to work bills that are still active.  Be sure to check the VSSA Legislative Tracking Form regularly for updates.

Legislative Update: House Militia and Police and Public Safety

The House Militia, Police, and Public Safety Committee Met this morning and took action on a number of bills.  Below is a list of bills acted on by the Committee:

HB 1466 Renewal of concealed handgun permits; notice. Reported

HB 1849 Concealed handgun permit; permit requirements. Provides that a concealed handgun permit shall be of a size comparable to a Virginia driver's license and may be laminated or use a similar process to protect the permit. Current law requires that the permit be no larger than two inches wide by three and one-fourth inches long. Reported

HB 1852 Concealed handguns; protective orders. Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. The bill provides that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which shall serve as a de facto concealed handgun permit. The bill requires such person to have the order or certified application and photo identification on his person when carrying a concealed handgun and to display them upon demand by a law-enforcement officer; failure to do so is punishable by a $25 civil penalty. Reported

HB 1853 Victims of domestic violence, etc.; firearms safety or training course. Creates the Virginia Firearms Safety and Training for Sexual and Domestic Violence Victims Fund. The bill provides that the Department of Criminal Justice Services may distribute funds from the Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, or family abuse. The bill also requires that, upon the issuance of a protective order, the petitioner for the order be provided with a list of such approved courses or classes. Reported and referred to Appropriations

HB 2077 Emergency Services and Disaster Law of 2000; reference to firearms, emergency shelter. Removes the authority of a governmental entity under the Emergency Services and Disaster Law of 2000 to limit lawful possession, carrying, transportation, sale, or transfer of firearms in any place or facility used by the governmental entity as an emergency shelter. Reported from Militia, Police and Public Safety (12-Y 7-N)

HB 2308 Concealed handgun; retired conservation officers. Adds conservation officers retired from the Department of Conservation and Recreation to the list of retired persons eligible to carry a concealed handgun without a permit. Reported

HB 2325 Concealed handgun; application for permit requires photo identification. Requires applicants for a concealed handgun permit to present one form of government-issued photo identification that demonstrates that the applicant is a citizen or an alien lawfully admitted for permanent residence in the United States. Substitute offered and reported

Additionally, a number of bills were heard in subcommittee #1 last night.  The results of that meeting are below:

HB 1684 Restricting access to firearms by children; mental state; penalty. Subcommittee recommends laying on the table by voice vote

HB 1685 Purchase of handguns; limitation on handgun purchases; penalty. Subcommittee recommends laying on the table by voice vote

HB 1700 Firearms; carrying in public while intoxicated, etc., penalty. Subcommittee recommends laying on the table by voice vote

HB 1758 Firearms; removal from persons posing substantial risk; penalties. Subcommittee recommends laying on the table by voice vote

HB 1773 Transfer of firearms; criminal history record information check; Subcommittee recommends laying on the table by voice vote

HB 1822 Place of worship; carrying dangerous weapon personal protection. Subcommittee recommends striking from docket by voice vote

HB 1864 Firearms; access by children; penalty Subcommittee recommends laying on the table by voice vote

HB 2079 Sale of firearms; persons not lawfully present in United States; penalty. Subcommittee recommends striking from docket by voice vote

HB 2094 Localities; regulation of firearms in government buildings. Subcommittee recommends striking from docket by voice vote

HB 2187 Firearm transfers; criminal history record information checks required, penalty. Subcommittee recommends laying on the table by voice vote

HB 2188 Firearms; civil liability for sale or transfer without a background check. Failed to report for lack of motion (defeated)

HB 2212 Firearm transfers; criminal history record information checks, penalty. Subcommittee recommends laying on the table by voice vote

Bills recommended for defeat in subcommittee are for all intent and purposes dead. This will not be official however until crossover.

Legislative Update - Senate Courts of Justice

The Senate Courts of Justice Committee held a marathon meeting lasting just a little less than four hours on Wednesday afternoon.  A number of bad bills were disposed of.  Additionally, a number of good bills advanced while a few were also failed.  Among the good bills heard and advancing was a Constitutional Carry bill.  Below is a complete list of the results:

S.B. 791 Concealed handgun permits; fee for processing.  Makes the $10 fee that the clerk of court is now required to charge for processing a concealed handgun permit application or issuing a concealed handgun permit discretionary with the clerk.  Reported and referred to Finance Committee

S.B. 809 Firearms; person to report loss or theft within 24 hours. Passed by indefinitely (defeated)

S.B. 832 Firearm transactions; voluntary background checks, clarification of provisions. Passed by indefinitely

S.B. 893 Firearm locks required for sale or transfer of handguns; warning against accessibility to children. Stricken at the request of the sponsor.

S.B. 953 Muzzleloader firearms; definition.  Incorporates the Virginia criminal law definition of a muzzleloader into the current statutory definitions of muzzleloading pistol, muzzleloading rifle, and muzzleloading shotgun located in the Game and Inland Fisheries Title. Reported and referred to Finance Committee

S.B. 1049 Firearms; administration of machine gun registry, nonresident concealed handgun permits. Requires any person registered to possess a machine gun to notify the Department of State Police (the Department) of a change of address within 30 days of such change. The bill reduces the number of photographs that an applicant for a nonresident concealed handgun permit must submit from two to one. The bill requires the form provided by the Department for a dealer to obtain criminal history record information for a firearm purchase to include a question about whether the proposed purchaser has been the subject of a temporary detention order and subsequently agreed to voluntary admission to a state facility. Current law prohibits such persons from purchasing, possessing, or transporting a firearm and provides that other mental health disqualifications be disclosed on such form. The bill requires firearms dealers to comply with the federal minimum wait time of three days after contacting the system for a background check before releasing a firearm without an approval number; under existing state law, such firearm must be released after one business day without an approval number. The bill removes the option under state law for a dealer to complete a sale if notified that a response will not be available by the end of the dealer's next business day and removes the requirement that the Department notify the dealer of such delay. The bill removes the requirement that the dealer mail the criminal history record check consent form for a person who is not a resident of Virginia to the Department.  Reported and referred to Finance Committee

S.B. 1112 Firearms; control of possession in chambers of local governing bodies.Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components or a combination thereof at any regular or special meeting of such local governing body, provided notice of such prohibition is publicly posted and the meeting room is owned or operated by the locality. Passed by indefinitely

S.B. 1185 Reporting lost or stolen firearms. Passed by indefinitely

S.B. 1194 Firearm transfers; criminal history record information checks; penalty.  Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an estate or by the trustee of a testamentary trust, and temporary transfers that (i) occur within the continuous presence of the owner of the firearm; (ii) are necessary to prevent imminent death or serious bodily injury; (iii) occur at a shooting range, shooting gallery, or other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (iv) are for the purpose of and while the transferee is engaged in hunting, trapping, or target shooting. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. Passed by indefinitely

S.B. 1266 Firearms; access by children; penalty.  Provides that it is a Class 1 misdemeanor to knowingly authorize a child age four or younger to use or handle a firearm. Passed by indefinitely

S.B. 1267 Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person who is intoxicated or under the influence of illegal drugs to carry a loaded firearm on or about his person in a public place and that a person found guilty is ineligible to apply for a concealed handgun permit for a period of five years. Current law provides that such prohibition applies only to persons permitted to carry a concealed handgun. The bill also creates a Class 2 misdemeanor for a person who carries a loaded firearm on or about his person onto the premises of any restaurant or club licensed to sell and serve alcoholic beverages for on-premises consumption and consumes an alcoholic beverage while on the premises. Current law provides that such prohibition applies only to those persons carrying a concealed handgun on such premises. Passed by indefinetely

S.B. 1297 Concealed weapons; nonduty status active military personnel may carry.  Provides that an active duty member of the Virginia National Guard, Armed Forces of the United States, or Armed Forces Reserves of the United States in a nonduty status may carry a concealed weapon wherever such member may travel in the Commonwealth. Incorporated into SB1362

S.B. 1299 Concealed handguns; protective orders.  Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. The bill provides that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which shall serve as a de facto concealed handgun permit. The bill requires such person to have the order or certified application and photo identification on his person when carrying a concealed handgun and to display them upon demand by a law-enforcement officer; failure to do so is punishable by a $25 civil penalty.  Approved by committee and headed to full Senate

S.B. 1300 Victims of domestic violence, etc.; firearms safety or training course. Provides that the Department of Criminal Justice Services may distribute funds from the Virginia Sexual and Domestic Violence Victim Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, and family abuse. The bill also requires that, upon the issuance of a protective order, the petitioner for the order be provided with a list of such approved courses or classes. Reported and referred to Finance Committee

S.B. 1362 Concealed weapons; nonduty status active military personnel may carry. Provides that an active duty member of the Virginia National Guard, Armed Forces of the United States, or Armed Forces Reserves of the United States in a nonduty status may carry a concealed weapon wherever such member may travel in the Commonwealth. Approved by committee and headed to full Senate

S.B. 1422 Law enforcement, local; fees for concealed handgun permits, courthouse and courtroom security. Eliminates (i) the fee, under current law up to $35, that a local law-enforcement agency is permitted to charge for conducting the background investigation for a concealed handgun permit and (ii) the requirement that the local law-enforcement agency forward to the State Police any amount assessed by the FBI for providing criminal history record information in the background investigation. The bill makes discretionary the current mandatory fee of up to $10 charged by the clerk for processing a concealed handgun permit application or issuing a permit. The bill increases from $10 to $20 the maximum amount, designated solely to fund courthouse and courtroom security, that a local governing body may assess against a convicted defendant as part of the costs in a criminal or traffic case in district or circuit court. Passed by indefinitely

S.B. 1439 Firearm transfers; penalties. 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. The bill exempts certain transfers, such as between immediate family members, by operation of law, at a firearms show with a voluntary background check, and when the transfer is temporary and is necessary to prevent imminent death or great bodily harm or occurs while in the continuous presence of the owner of the firearm. Passed by indefinitely

S.B. 1440 Concealed handgun; eligibility to carry openly within Commonwealth. (Constitutional Carry) Reported and referred to Finance Committee

S.B. 1443 Firearms; removal from persons posing substantial risk, penalties. Creates a procedure by which an attorney for the Commonwealth or law-enforcement officer may apply to a circuit court judge for a warrant to remove firearms from a person who poses a substantial risk of injury to himself or others. If firearms are seized pursuant to such warrant, the bill requires a court hearing within 14 days from execution of the warrant to determine whether the firearms should be returned or retained by law enforcement. Seized firearms may be retained by court order for up to 180 days or, with court approval, may be transferred to a third party chosen by the person from whom they were seized. Persons who have been served with a warrant to remove firearms until such warrant has been dissolved by a court or who are the subject of an order to retain firearms are disqualified from having a concealed handgun permit or purchasing a firearm from a licensed dealer and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of an order is guilty of a Class 6 felony. Failed to report (defeated)

S.B. 1444 Restricted ammunition; use or attempted use in the commission of a felony, penalty.  Removes the prohibition on use or attempted use of restricted firearm ammunition in any non-felony criminal offense. The bill expands the definition of restricted firearms ammunition to include "pinched tip" bullets and expands the exception to such definition to include certain ammunition with copper cores. The bill provides that if any ammunition has been approved by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives for commercial sale, it is not restricted firearms ammunition. Reported and referred to Finance Committee

There are some remaining firearm related bills to be heard and legislators have until Friday afternoon to introduce legislation.  The next meeting of the committee is Monday morning.  If firearms bills are on the docket, VSSA will be there.

Senate Courts Taking Up Handful of Bills Wednesday Afternoon

The Senate Courts of Justice Committee has scheduled five gun bills on the docket for this afternoon's meeting.  The committee will meet 15 minutes after the Senate adjourns today.  The bills on the docket are:

SB791
SB1023
SB1299
SB1300

SB791 is sponsored by state Senator Amanda Chase and would make the current $10 fee charged by the clerk of the local circuit court for renewing a Concealed Handgun Permit (CHP) discretionary.

SB1023 is sponsored by state Senator Richard Stuart. This bill would prohibit the sharing of information regarding Virginia CHPs with law enforcement in states that do not recognize Virginia CHPs. This bill is aimed at preventing the frequent fishing expeditions by out of state law enforcement during traffic stops in anti-gun states like New Jersey, Maryland, and the District of Columbia.

SB1299 and SB1300 are both sponsored by State Senator Jill Holtzman Vogel. SB1299 would allow any person who is 21 or older, not prohibited from purchasing, possessing, or transporting a firearm and who are currently protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. SB1300 would also provide funding for reimbursement of training expenses as well as information for those individuals seeks training under the protection of a protective order.

VSSA will be there and will post live results on Twitter and the VSSA Facebook page.

Virginia General Assembly Convenes Today

It's that time of year again when the Virginia General Assembly comes to town.  This is the 45 day "short" session where amendments are made to the current budget and other legislation will be considered, including gun bills.  As usual, the annual bills requiring background checks for private sales at guns shows have already been introduced, and there is a Senate Resolution to study the feasibility of establishing a firearm registration program for firearms purchased in the Commonwealth.  There are also bills that would reduce the cost of applying for a concealed handgun permit (CHP).  Currently there are 24 firearm related bills waiting to be considered.  Expect many more to appear before the last day to introduce legislation on January 20.

You can track all of the important legislation on the VSSA web site by clicking here.