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Showing posts with label 2018 Virginia General Assembly. Show all posts
Showing posts with label 2018 Virginia General Assembly. Show all posts

Monday, March 12, 2018

2018 General Assembly Ends With Mixed Results on Guns

The 2018 General Assembly adjourned Saturday, March 10, but it will return for a special budget session soon as it was not able to come to agreement by Saturday.  Work on all other legislation has been completed. Of the 87 firearm related bills (both good and bad) that were introduced this session, only one HB287, a bill that the gun ban lobby put in to create a "Stop Gun Violence" license plate, was approved by the Assembly.  That bill includes a special annual $25 fee in addition to the annual license cost.  For each $25 fee collected in excess of 1,000 registrations, $15 will be paid into the state treasury and credited to the a special non-reverting fund known as the Stop Gun Violence Fund established within the Department of Accounts. These funds will be paid annually to the Behavioral Health and Developmental Services Fund and used to enhance and ensure for the coming years the quality of care and treatment provided to individuals receiving public mental health, developmental, and substance abuse services in Virginia.  That bill is now before the Governor for his signature, possible amendments, or veto.

All of the gun ban bills were defeated before Crossover.  Unfortunately, the two good bills that made it out of the State Senate, one that would do away with the "good and sufficient reason" requirement to carry in a church during regularly scheduled services, and one that would have allowed firefighters and EMTs to carry on the job, both died in the House. No pro-rights bills made it out of the House of Delegates, even with a one vote pro-gun majority. Elections do have consequences. When you look at the list of bills introduced this year by the gun ban lobby, it is easy to see how quickly Virginia would have become almost identical to New Jersey or California if the pro-rights majority that is currently in both the House of Delegates and the State Senate became an anti-rights majority because Governor Northam would have signed every one of those bills.

It is more important than ever to be a VSSA member.   Gun owners are under attack, organized, orchestrated and very well funded.  You have the "National March Against Gun Violence" that is being heavily orchestrated, by the gun ban lobby and progressives.  You need to be involved in your state association because the same gun ban laws are being circulated and distributed to gun ban legislators in every state.  What we saw introduced in Virginia this year mirrors what has already passed in states like California, Oregon and Washington State.  They are written by the Bloomberg folks and they provide all the support material behind it like talking points etc., and they bring people in to speak in support of the bills.  We need to be able to do the same.  If gun owners show up in larger numbers at committee meetings than the other side, legislators will take notice.  If the other side shows up and we don't legislators will notice that too.  Make no mistake, the other side is energized like never before.

How do you make your voice heard?  Join your state association.  Some states have a state association as well as other gun rights groups.  Join all of them, but especially the state NRA affiliated association.  State associations are full service organizations.  Not only do they lobby for our rights, they are promoting the shooting sports to the next generation so that we have people to follow us as advocates for our freedoms.   State associations are the tip of the sword at state legislatures. NRA State Liaisons cover multiple states and can't be in two places at one time. VSSA has a legislative presence everyday of the session. If you know a gun owner who isn't a member, please urge them to join today.

Monday, February 12, 2018

House Bill Giving Churches Flexibility on Carry Decisions Dies in House Friday

On Friday, HB1180, a bill that repeals the statutory prohibition on carrying a gun, pistol, bowie knife, dagger, or other dangerous weapon, without "good and sufficient reason" to a place of worship while a meeting for religious purposes, was referred to the Committee on Courts of Justice from the full House, essentially killing the bill in the House as all committees had to complete their work ahead of today's Crossover.  The patron of the bill, Delegate Dave LaRock, made the motion at the beginning of Friday's session.  No explanation was given at the time of the motion.  An identical bill has already passed the Senate and is awaiting action in the House.

As was mentioned in Friday's morning's Legislative Update, all this bill does is frees churches to make their own decisions on security 24 hours a day, while current law limits options during a service. As was also mentioned on Friday, Democrats are likely going to try and reverse former Attorney General Ken Cuccinelli's opinion that self-defense is a "good and sufficient reason" to carry in a church during a regularly scheduled service.  This can be done by simply requesting a new opinion from the new Attorney General, Mark Herring.

The Senate bill is still alive, though Governor Northam has stated that he will veto the bill if it reaches his desk. 

Friday, February 9, 2018

Legislative Update for February 9th

As we approach the February 13th Crossover Day (the last day to consider legislation in the House of origin) all but a handful of firearm related bills have been heard in committee.  The good news is of those bills heard, all of the bad bills have been defeated.  The bad news is a number of the good bills have died, or been softly killed by carrying them over to next year.  It is rare that a bill carried over survives to actually see the light of day in the following session.  This week, Senate Finance carried over SB48, the Constitutional Carry bill, and SB350, a bill that would extend the expiration date for Concealed Handgun Permits (CHPs) from 5 to 15 years.  The thing is, both were essentially killed because of a supposed "fiscal impact", yet the fees charged for CHPs are only supposed to cover the costs of processing so if you a) no longer need a permit to carry concealed as with Constitutional Carry or b) only have to process once every 15 years instead of 5 years, there is no fiscal impact.

On the positive side, Senate Finance did report to the full Senate SB715, a bill that would allow firefighters and EMTs to carry concealed on the job.  That bill will be on final approval in the Senate next week.

In the House, HB1180, a bill that repeals the statutory prohibition on carrying a gun, pistol, bowie knife, dagger, or other dangerous weapon, without "good and sufficient reason" to a place of worship while a meeting for religious purposes, continues to be passed by for the day.  This is usually a sign that there is a problem, which does not make a lot of sense because the Senate has already passed it's version of the bill, albeit along party lines.  All this bill does is frees churches to make their own decisions on security 24 hours a day, while current law limits options during a service. Word is, Democrats intend to reverse former Attorney General Ken Cuccinelli's opinion that self-defense is a "good and sufficient reason" to carry in a church during a regularly scheduled service.  Please contact your Delegate today and urge them to vote for HB1180.  Be sure to explain that this bill does not force churches to allow carry, it only frees them up to make those decisions on their own based on their security needs.

Finally, the small number of bad bills that still remain alive are in House Courts of Justice.  Those bills have not come up for a hearing to date.  The list of bills remaining are below:
  • HB 43 Firearms; reporting when lost or stolen.
  • HB 198 Firearms; removal from persons posing substantial risk, penalties.
  • HB 707 Firearms; allowing access to children, penalty.
  • HB 1327 Pneumatic guns; Class 6 felony to possess on school property, etc.
  • HB 1385 Concealed handguns; disqualifications for permit, adjudications of delinquency.
  • HB 1544 Firearms; possession, etc., following convictions for certain misdemeanor crimes, penalty.
There is a good bill that is also awaiting action in House Courts of Justice:
  • HB 408 Right to keep & bear arms; codifies opinion of Supreme Court of the U.S. in D.C. v. Heller.
VSSA will continue to let members know if your action is needed on any of the above bills.

Friday, February 2, 2018

Legislative Update - Good Week for Virginia Gun Owners

It was a good week for Virginia gun owners in the General Assembly this week as more of Governor Northam's gun ban agenda was defeated in Senate and House of Delegate committees.  First on Wednesday, Senate Finance dispensed with a bill that would ban bump stocks (SB1), and a bill that would add private and public preschools and day care centers as places where firearms are banned (SB79).  In the House of Delegates, the Militia, Police, and Public Safety Committee Subcommittee #1 met for three hours last night and disposed of a long list of bad bills as well as advancing three good bills.  First, the good bills that advanced:
  • HB681 Nonresident concealed handgun permits; time of issuance. Requires the Department of State Police (Department) to issue a concealed handgun permit to a nonresident within 45 days of receipt of the nonresident's completed application unless it determines that he is disqualified. Reported and referred to Appropriations
  • HB1255 Concealed handgun permits. Allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth. (Constitutional Carry) Reported and referred to Appropriations 
  • HB1398  Application for a concealed handgun permit. Allows a Virginia resident or domiciliary to submit an application for a new concealed handgun permit via mail. Currently, only persons who have previously been issued a concealed handgun permit may submit an application via mail. Reported and referred to Appropriation.
The bad bills that were defeated are below:
  • HB68 Firearms; libraries owned or operated by localities.
  • HB261 Localities; regulation of firearms in government buildings.
  • HB597 Firearms; mechanical devices designed to increase the rate of fire, penalty.
  • HB648 Transfer of multiple firearms; report to the Department of State Police. (requires dealer who sells more than two firearms to one individual to notify the state police)
  • HB649 Firearms, certain; prohibited public carrying, penalty.
  • HB814 Firearms; control by localities, lawful demonstrations and protests.
  • HB819 Firearms; prohibits mechanical devices designed to increase rate of fire, penalty.
  • HB929 Licensed family day homes; storage of firearms.
  • HB949 Firearms; transfer, criminal history record check delay.
  • HB950 Firearm or pneumatic gun; allowing access by children age four or younger, penalty.
  • HB1009 Firearms, certain; prohibited public carrying, penalty.
  • HB1019 Firearms, etc.; permitted events.
  • HB1052 Firearms; control by localities, lawful demonstrations and protests.
  • HB1394 Firearms show; list of vendors or exhibitors submitted to State Police.
It should be noted that the subcommittee failed to recommend reporting one bill that VSSA remained neutral because it continues something that the General Assembly has regularly done in the past - set up a separate class of gun owners (in this case retired-law enforcement) that is able to exercise rights that all of us should be able to exercise.

  • HB1443 Concealed handguns; retired law-enforcement officers may carry without a permit, etc.
When the Session began, there was a huge question what such a small pro-rights majority and the loss of so many good Second Amendment supporting legislators would mean for gun owners.  Would some of the remaining members be open to supporting things like banning common firearm accessories like bump stocks?  The results of the first half of the session have been positive in that all of the bad bills that have come before committees to date have been defeated.  A small number of pro-rights bills still remain alive and the VSSA Legislative Team will continue to work for passage of those bills.

UPDATE: HB 1180, a bill that would repeal the prohibition the  "good and sufficient reason" to carry during a church service, was reported by the full Militia, Police, and Public Safety Committee this morning by a 12 to 9 vote! (The Senate version, SB 372, has already passed the Senate and awaits action in the House - the Governor has vowed to veto it if it reaches his desk). HB 1180 now heads to the full House for a vote, likely Tuesday or Wednesday. Please contact your Delegate now and urge him or her to vote to pass HB1180!

Also in the House today, HB172 which would exempt gun safes under $1000 from state sales tax died in House Finance Subcommittee #3 on 5-3 vote to Pass by Indefinitely.

Friday, January 26, 2018

House of Delegates Subcommittee Shuts Down Northam Gun Control Legislation

If you follow VSSA's Twitter and Facebook feeds, you already know that last evening the Militia, Police and Public Safety Committee Subcommittee #1 dealt a major blow to Governor Northam's attempts to remake Virginia in the image of New Jersey and California.  The VSSA legislative team was live tweeting the results as they occurred and every gun control bill on the docket was defeated.  In all, 15 bills were on the docket, including a bill to ban bump stocks (HB41),  bills criminalizing private firearms sales (HB140) (HB721)(HB977)(HB1373)(HB717), bills to reinstate handgun rationing (HB353) (HB650), bills to limit the size of ammunition magazines to no more than 10 rounds (HB596) (HB1145)(HB927), and a bill requiring a permit to purchase handguns (HB 1143).  There was also a bill holding the seller of a privately owned firearm civilly libel if the firearm was transferred without a background check and is later used in a crime.  Finally, HB498, a bill that would have rolled back the out of state concealed carry reciprocity agreement by Governor Terry McAuliffe and the General Assembly last year also was defeated.  You can see the entire list of bills and the result of each committee vote by clicking here.

There is still some firearm related legislation in the House that will be heard next week, but the results last night are a good sign for the handful of bills that were reported by Senate Courts of Justice and awaiting action in Senate Finance.  One of those bills is a bump stock ban.  The fact that the House subcommittee handily defeated the House version of the bill means that even if it does pass the Senate, it will likely meet it's doom in the House.

Thanks to everyone that answered responded to the request on Wednesday to contact committee members and made their voices heard on the above bills.

In news from the State Senate this week, one bill has been approved by the Senate (SB372), which repeals the statutory prohibition on carrying a gun, pistol, bowie knife, dagger, or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held.  The bill passed 21-18 and is now awaiting action in the House of Delegates.

The VSSA legislative team remains active even though most all of the gun ban legislation has been defeated.  Continue to check this blog, as well as the VSSA Twitter and Facebook feeds for updates.

Wednesday, January 24, 2018

Firearm Bills Start to Move in House of Delegates

The House Militia, Police and Public Safety Committee Subcommittee #1 will take up 17 firearm related bills on Thursday at 4:00 PM.  Bills on the docket include legislation to ban bump stocks, bills to reinstate handgun rationing, banning ammunition magazines that hold more that 10 rounds, and a bill to require a permit to purchase a handgun.  The full list is below.

HB41 Firearms; mechanical devices designed to increase rate of fire, penalty.
Mechanical devices designed to increase the rate of fire of firearms; penalty. Prohibits the manufacture, import, sale or offer to sell, possession, transfer, or transportation of any device used to increase the rate of fire of any semi-automatic firearm beyond the capability of an unaided person to operate the trigger mechanism of that firearm. A violation is punishable as a Class 1 misdemeanor.

HB91 Concealed handgun permits; demonstration of competence.
Concealed handgun permits; demonstration of competence. Removes the option for concealed handgun permit applicants to demonstrate competence with a handgun by completing an electronic, video, or online course conducted by a state-certified or National Rifle Association-certified firearms instructor. The bill does not affect any in-person means of satisfying the requirement to demonstrate competence with a handgun under current law.

HB602 Concealed handgun permits; demonstration of competence.
Concealed handgun permits; demonstration of competence. Removes the option for concealed handgun permit applicants to demonstrate competence with a handgun by completing an electronic, video, or online course conducted by a state-certified or National Rifle Association-certified firearms instructor. The bill does not affect any in-person means of satisfying the requirement to demonstrate competence with a handgun under current law.

HB140 Firearm transfers; criminal history record information checks, penalty.
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 Class1 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 occur in the presence of the owner of the firearm or are necessary to prevent imminent death or serious bodily injury. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.

HB721 Firearm transfers; criminal history record information checks, penalty.
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 Class1 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.

HB977 Firearm transfers; criminal history record information checks, penalty.
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 Class1 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 occur in the presence of the owner of the firearm or are necessary to prevent imminent death or serious bodily injury. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.

HB1373 Firearm transfers; criminal history record information checks, penalty.
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill exempts transfers (i) between immediate family members, (ii) that occur by operation of law, (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust, and (iv) that are temporary and occur in the presence of the owner of the firearm or are necessary to prevent imminent death or serious bodily injury. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm may be transferred.

HB717 Firearms; criminal history record information check on transferee, penalties.
Transfer of firearms; criminal history record information check; penalties. Requires that a criminal history record information check be performed on the prospective transferee before a vendor, defined in the bill, may transfer firearms at a gun show. A violation is a Class 6 felony. The bill also requires that the promoter of a firearms show post notice of the requirement for a criminal history record information check and provide vendors with access to licensed dealers who will conduct the criminal history record information check. The bill repeals a provision added by the2016 Session of the General Assembly that requires the Department of State Police to be available to perform background checks for non-dealer sales at firearms shows if requested by a party involved in a transaction.

HB1143 Handguns; transfer permit required, penalties.
Transfer of handguns; permit required; penalties. Requires the Department of State Police to establish procedures for issuing handgun transfer permits and provides that a person who willfully and intentionally transfers a firearm to a person without a permit is guilty of a Class 1 misdemeanor. The bill provides exceptions to this requirement, including an exemption for dealers who obtain a background check. The bill provides that any person who displays a handgun transfer permit that has been revoked or suspended knowing that such permit has been revoked or suspended is guilty of a Class1 misdemeanor. In order for the bill to become effective, the U.S. Department of Justice must approve the policies and procedures that the Department of State Police will use to implement the provisions of the bill.

HB353 Handguns; limitation on purchases, penalty.
Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-dayperiod and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv)licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun,(vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.

HB650 Handguns; limitation on purchases, penalty.
Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-dayperiod and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv)licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun,(vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.

HB596 Firearm magazines; prohibition of sale, transfer, etc., fine.
Prohibition of sale, transfer, etc., of certain firearms magazines; fine. Provides that any person, corporation, or other entity that manufactures, imports, possesses, purchases, sells, or transfers any large capacity magazine shall be subject to a $500 fine. The bill provides exceptions to the prohibition. The bill provides that a registrant is limited to three large capacity magazines and must otherwise dispose of all magazines in excess of the limit. The bill requires the Department of State Police to provide a means to register a large capacity magazine and, at the time of registration, to permanently mark such magazine for the purpose of identification and maintain records regarding such identification information. Finally, the bill provides that any large capacity magazine that is possessed in violation of law is subject to forfeiture to the Commonwealth.

HB1145 Firearms magazines, certain; prohibition of sale, transfer, etc., fine.
Prohibition of sale, transfer, etc., of certain firearms magazines; fine. Provides that any person, corporation, or other entity that manufactures, imports, possesses, purchases, sells, or transfers any large capacity magazine shall be subject to a $250 fine. The bill provides exceptions to the prohibition. The bill provides that a registrant is limited to three large capacity magazines and must otherwise dispose of all magazines in excess of the limit. The bill requires the Department of State Police to provide a means to register a large capacity magazine and, at the time of registration, to permanently mark such magazine for the purpose of identification and maintain records regarding such identification information. Finally, the bill provides that any large capacity magazine that is possessed in violation of law is subject to forfeiture to the Commonwealth.

HB927 Firearms magazines and firearms, certain; prohibition of sale, transfer, etc., penalties.
Prohibition of sale, transfer, etc., of certain firearms magazines and firearms; penalties. Prohibits any person from importing, selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 6 felony. 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 also increases from a Class 1 misdemeanor to a Class 6 felony the penalty for carrying a semi-automatic center-fire firearm and a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place. The bill redefines "assault firearm" by reducing from more than 20 to more than 10 the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" and prohibits a dealer from selling, renting, trading, or transferring from his inventory such an assault firearm to any person. The bill also reduces from more than 20 to more than 10 the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" for purposes of possession or transportation by a person younger than 18 years of age and increases the penalty from a Class 1 misdemeanor to a Class 6 felony for a person younger than 18 years of age to possess or transport a handgun, an assault firearm, or a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered, with some exceptions.

HB273 Firearms; civil liability for sale or transfer, background check.
Civil liability for sale or transfer of a firearm; background check. Provides that a person is civilly liable for injuries to person or property or wrongful death of another caused by a third party if it can be shown that the civil defendant sold or transferred a firearm to the person who committed the crime resulting in injury or death without obtaining a background check and verification that the transferee was not prohibited from possessing a firearm.

HB281 Firearms, certain; possession by minors, parental permission, penalty.
Relating to possession of certain firearms by minors; parental permission; penalty. Requires any minor who possesses certain firearms in the home or on the property of his parent, grandparent, or legal guardian to have prior permission from such parent, grandparent, or legal guardian to possess such firearms.

HB498 Concealed handgun permits, out-of-state; reciprocity.
Out-of-state concealed handgun permits; reciprocity. Eliminates the recent expansion of the recognition of concealed handgun permits issued by other states and reinstates the prior law that provides that Virginia will recognize concealed handgun permits issued by other states that (i) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (ii) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia. The bill also reinstates the recognition of certain Maryland concealed handgun permits and eliminates the requirement that the Superintendent of State Police enter into agreements for reciprocal recognition of concealed handgun permits or licenses with other states where agreements were in existence on December 1, 2015.

Please contact the sub-committee members and urge them to oppose the above bills on tomorrow's docket.

Friday, January 19, 2018

Legislative Update for January 19th.

It has been a good week for gun owners in the State Senate this week.  The bulk of Governor Northam's gun control legislation has been turned back.  In all, 24 bad bills have been defeated.  Only a handful of bills remain active in the upper chamber and the committee has completed it's work on firearm related bills.  The House of Delegates has yet to take up any firearm bills.

First the list of bad bills that have been defeated in the Senate:
Five good bills failed to make it out of committee:
The committee did report four good bills:
The only disappointing news of the week is that several bad bills were reported.  All three were referred to the Finance Committee which allows the VSSA Legislative team an additional opportunity to defeat the bill before they make it to the full Senate.
I had the opportunity to provide an update on NRATV's Cam and Company yesterday.
Please be sure to check this blog and the VSSA web site for updates.  If your action is required a special legislative alert will be sent by email.

Wednesday, January 17, 2018

More Gun Bills on Senate Courts Docket Wednesday Afternoon

Senate Courts of Justice meets again this afternoon and a number of gun bills are on the Docket, including handgun rationing, rolling back preemption, a bill allowing firearms in church during regularly scheduled services and a bill extending the amount of time a Concealed Handgun Permit is valid from five to 15 years.  Below is the complete list.

Patron: Lucas
Firearms on school property. Adds public, private, or religious preschools and child day centers that are not operated at the residence of the provider or of any of the children to the list of schools where possessing a firearm on school property or on a school bus is prohibited. Under current law, the list of such schools only includes public, private, or religious elementary, middle, or high schools.

Patron: Edwards
Control of firearms; 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 that notice of such prohibition is publicly posted and the meeting room is owned or operated by the locality.

Patron: Peake
Firearms in courthouses. Allows a person who may lawfully possess a firearm or ammunition for a firearm to carry a firearm or ammunition for a firearm into an area courthouse that is being used exclusively for purposes other than judicial proceedings outside of the courthouse's normal hours of operation.

Patron: Peake
Concealed handgun permit; expiration date. Extends from five to 15 years the validity of a concealed handgun permit.

Patron: Peake
Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may (i) prohibit a person who lawfully possesses a firearm from storing that firearm or ammunition for a firearm in a locked motor vehicle, (ii) take any adverse employment action against an employee or contractor for lawfully storing a firearm or ammunition for a firearm in a locked motor vehicle, or (iii) search an employee's or contractor's motor vehicle or require that an employee or contractor consent to such a search as a condition of employment. The bill allows a person to petition a circuit court for an injunction to enforce his right to lawfully store a firearm or ammunition for a firearm in a locked motor vehicle. The bill provides immunity for any person, property owner, tenant, employer, or business owner in a civil action for any occurrence resulting from the use of a lawfully stored firearm or ammunition for a firearm. The provisions of the bill do not apply to (a) property owned or controlled by the federal government, (b) vehicles on property controlled by an employer required to develop and implement a security plan under federal law or regulation, (c) property on which a person is prohibited by law from possessing a firearm, (d) vehicles owned or leased by an employer or business entity and used by an employee or contractor in the course of his employment, or (e) personal vehicles while such vehicles are being used for the transport of consumers of programs licensed by the Department of Behavioral Health and Developmental Services.

Patron: Chafin
Carrying dangerous weapon to place of religious worship. Repeals the statutory prohibition on carrying a gun, pistol, bowie knife, dagger, or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place.

Patron: Lucas
Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.

Patron: Wexton
Restoration of firearms rights; convicted felons. Requires the court to find by clear and convincing evidence that a person convicted of a violent felony, whose civil rights have been restored by the Governor or other appropriate authority, who has petitioned for a permit to possess or carry a firearm is not a risk to public safety and poses no present or future danger to himself or others prior to granting the petition and issuing the permit. Current law provides for a standard of good cause shown.

Patron: Howell
Allowing access to firearms by children; penalty. Provides that any person who leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor.

Patron: Reeves
Use or display of firearm during commission of a felony; killing or injuring police animals; penalty. Adds maliciously shooting, stabbing, wounding, or otherwise causing bodily injury to or administering poison to any animal used or trained by a law-enforcement agency, regional jail, or the Department of Corrections to the list of felonies for which a separate penalty is prescribed if a firearm is used during the commission of the offense.

Patron: Carrico
Possession of concealed handguns; concealed handgun permit holders at public institutions of higher education. Allows any person who possesses a valid Virginia concealed handgun permit or a concealed handgun permit from another state that is recognized by Virginia to carry a concealed handgun on the property of, in buildings owned by, or at events hosted at public institutions of higher education. The bill provides an exception that may prohibit firearms in facilities operated by the Department of Behavioral Health and Developmental Services or a campus police department of a public institution of higher education if such facilities are located on the property of or in buildings owned by a public institution of higher education.

Patron: Hanger
Expansion of courthouses to contiguous property. Provides that expansion of a courthouse to contiguous land within the same county or city shall not trigger a referendum requirement. The existing statute refers only to relocation within the same county.

Patron: McPike
Dangerous weapons; place of religious worship. Requires a person to have the express authorization of a place of religious worship to carry certain weapons to such place of worship while a meeting for religious purposes is being held. Current law requires such person to have a good and sufficient reason to do so.

Patron: Spruill
Prohibition of sale, transfer, etc., of certain firearms magazines and firearms; penalties. Prohibits any person from importing, selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 6 felony. 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 also increases from a Class 1 misdemeanor to a Class 6 felony the penalty for carrying a semi-automatic center-fire firearm and a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place. The bill redefines "assault firearm" by reducing from more than 20 to more than 10 the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" and prohibits a dealer from selling, renting, trading, or transferring from his inventory such an assault firearm to any person. The bill also reduces from more than 20 to more than 10 the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" for purposes of possession or transportation by a person younger than 18 years of age and increases the penalty from a Class 1 misdemeanor to a Class 6 felony for a person younger than 18 years of age to possess or transport a handgun, an assault firearm, or a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered, with some exceptions.

Patron: Howell
Protective orders; possession of firearms; penalty. Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) for subjecting another person to an act of violence, force, or threat to possess a firearm while the order is in effect, which is equivalent to the existing penalty for possession of a firearm by a person subject to a permanent protective order for family abuse. The bill also provides that such person may continue to possess and transport a firearm for 24 hours after being served with the order for the purposes of selling or transferring the firearm to another person.

Patron: Marsden
Protective orders; possession of firearms; surrender or transfer of firearms. Provides that a court shall order a person subject to a protective order to (i) surrender any firearm possessed by such person to the local law-enforcement agency of the county or city where such person resides or to sell or transfer any firearms possessed by such person to a firearms dealer within 24 hours after being served with a protective order or (ii) certify in writing that such person does not possess any firearms and file such certification with the clerk of the court that entered the protective order within three days after being served with a protective order. The bill also provides that within 48 hours after surrendering or selling or transferring all firearms, such person shall certify in writing that all firearms possessed by such person have either been surrendered or sold or transferred and file such certification with the clerk of the court that entered the protective order.

I also had the opportunity yesterday to speak with Cam Edwards of NRATV's Cam and Company and give a legislative update.  Bills have yet to move in the House but the Senate is moving quickly to dispose of firearm related bills.  The last day to introduce legislation if Friday. 

Monday, January 15, 2018

Senate Courts of Justice Turns Back Most of Governor Northam's Gun Control

Senate Courts of Justice wasted no time in dispatching the bulk of Governor Northam's gun control legislation this morning in their first meeting of the legislative session.  In total, 18 bills were defeated, including one of Governor Northam's top priorities - so-called "universal" background checks.  The list of bills is below.
Unfortunately, two pro-gun bills that have passed in previous years and ultimately vetoed by former Governor McAullife, was withdrawn by the patron, Senator Jill Vogel.  Those bills are:
Two pro-gun bills were reported out and referred to the Finance Committee:
One "bump stock" bill (which incorporated two additional identical bills related to bump stocks - SB113 and SB676) was reported our of committee and referred to the Finance Committee:
Several usually dependable pro-rights legislators joined anti-rights Senators in reporting the bill.  Senators Stanley, Sturtevant, Stuart, and Peake, as well as sometime pro-rights Senator Norment, joined the reliable anti-rights Senators of Saslaw, Howell, Lucas, Edwards, Stanley, Deeds,  and Petersen in reporting the bill. The discussion in the committee drifted to trigger replacements, modifications and changing factory standards.  SB1 is poorly written and will catch many more modifications than bump stocks if it passes.  The VSSA legislative team will continue to work legislators to defeat the bill.

Action on Northam's anti-gun agenda has yet to be taken in the House of Delegates.  Be sure to follow all of the legislative news here on the blog, as well as VSSA's Twitter and Facebook feeds.