House Subcommittee Defeats Gun Control Bills, Advances Pro-rights Bills

Militia, Police and Public Safety Subcommittee #1 met Thursday afternoon and dealt a fatal blow to three more gun control bills:

HB2045 Protective orders; possession of firearms; penalty. Prohibits a person who is subject to a protective order from possessing a firearm; currently, such person is only prohibited from purchasing or transporting a firearm. Such conduct is punishable as a Class 1 misdemeanor. Defeated

HB2328 Protective orders; person must surrender any firearms, penalty. Provides that a person who is subject to a protective order must surrender any firearm possessed by him to the court within 24 hours of being served with the protective order. The court shall prepare a written receipt, which shall be signed by the person surrendering the firearm, containing the name of the person, the date on which it was surrendered, and the manufacturer, model, and serial number of the firearm and provide a copy of the receipt to the court. The bill provides further that the person may present the copy of the receipt to the court upon the expiration of the protective order and the court shall then return the firearm. The failure to surrender a firearm is punishable as a Class 1 misdemeanor. The bill also prohibits a person who is subject to a protective order from possessing a firearm, where currently such person is only prohibited from purchasing or transporting a firearm. Defeated

HB2359 Concealed handgun permits; proof of competence. Makes various changes to the types of training courses permitted to satisfy the requirement to demonstrate competence with a handgun in order to obtain a concealed handgun permit, including (i) requiring that a National Rifle Association (NRA) or Department of Criminal Justice Services (DCJS) training course focus on the use and handling of a concealed handgun; (ii) requiring that a law-enforcement officer qualify to carry a handgun rather than a firearm in the course of normal police duties; and (iii) requiring that online NRA or DCJS training courses be synchronous. The bill also eliminates certain existing methods for demonstrating competence with a handgun, including (a) completing a hunter education or safety course; (b) completing a law-enforcement firearms safety or training course offered to security guards, investigators, special deputies, or any other division of law enforcement or security enforcement; and (c) having previously held a concealed handgun permit. The bill also provides that any proof of demonstrated competence with a handgun shall expire five years from the date of completion of such course or class. Defeated

Unfortunately, the subcommittee also decided against reporting Delegate Ware's Lifetime Concealed Handgun Permit bill (HB1359).  The problem with both the House and the Senate bills was no fee had been assigned to the lifetime permit.  Both required the State Police to do periodic background checks during the life of the permits.  Because no revenue was assigned to the bills, the current budget shortfall meant that the money committees were not going to advance bills that had a fiscal impact.  This gives us a year to work on the bill, determine a reasonable fee, and convince the legislature that the background checks can be done without a negative fiscal impact to the budget.

On a positive note, the subcommittee recommended reporting HB1329, Delegate Ware's bill that removes certain requirements for an out-of-state concealed handgun permit or license to be recognized and accepted in Virginia and instead requires an out-of-state permit or license holder to carry a government-issued photo identification and present such identification upon demand by a law-enforcement officer in order for his out-of-state permit or license to be recognized and accepted in Virginia.  The bill now moves to the full committee.

The subcommittee also recommended reporting HB2009, which requires when certification of a chief law-enforcement officer is required by federal law for transfer of a firearm as defined in the National Firearms Act, such certification must be provided within 60 days if the applicant is not prohibited by law from receiving the firearm.  For the purposes of this measure, the definition of "firearm" is limited to machine guns, rifles and shotguns of a certain length, weapons made from certain rifles or shotguns, and silencers. If the chief law-enforcement officer fails to provide certification within 60 days, the applicant has a right to an ore tenus hearing in circuit court and, unless the evidence shows that the applicant is prohibited by law from receiving the firearm, the court shall order the chief law-enforcement officer to issue the certification within five business days. 

HB2029 was also recommended for reporting.  HB2029 provides that a licensed firearms dealer does not have to have a criminal background check performed to determine a person's eligibility to purchase a firearm if the purchaser possesses a valid concealed handgun permit and presents a photo ID issued by an agency of the Commonwealth or the Department of Defense. The bill also requires that the State Police, in preparing the report from the Central Criminal Records Exchange for the circuit court with regard to an applicant for a concealed handgun permit, shall initiate a search of the National Instant Criminal Background Check System for purposes of obtaining criminal history record information regarding the applicant. 

Finally, the subcommittee recommended reporting HB2214 and referring the bill to House Appropriations. HB2214 provides a mechanism for reporting to the Department of State Police when a circuit court restores a felon's right to possess, transport, and carry a firearm. Prior to entry of a restoration order, the petitioner's fingerprints and petition are sent to the Central Criminal Records Exchange (CCRE) and the petitioner's criminal history is forwarded to the court and may be inspected by the attorney for the Commonwealth. If the order is granted, the Department of State Police shall enter the person's name and description in the CCRE so law-enforcement personnel accessing the computerized criminal history records will be aware of the order's existence.

Senate Finance Kills Lifetime Carry Permits

Yesterday, the Senate Finance Committee killed one pro-rights bill and one anti-rights bill saying the Commonwealth did not have enough money to pay for either bill.  No fee had been attached to the lifetime carry bill so the committee was not dealing with a revenue stream from the permits, only a cost to periodically check backgrounds after to make sure the holder was still eligible.  The anti-rights bill killed was SB943, a bill that would take away for gun rights for certain misdemeanor crimes.  I had the opportunity to discuss both with Cam Edwards on NRANews.com.

Are Lifetime Concealed Handgun Permits Right for You?

There are currently two bills in the General Assembly (one in the House of Delegates and one in the State Senate) that would create lifetime concealed handgun permits.  The House version (HB 1359) has not been acted on in committee.  The Senate Bill, SB 689 reported out of committee on Monday and should be up on final passage Thursday or Friday. The Senate bill gives applicants the choice of either the current five year permit, or a lifetime permit.  You may ask why the choice; wouldn't everyone want the lifetime option?

After the first VSSA legislative email alert went out last week, I received a reply from a VSSA Life Member who currently lives in South Carolina.  He's an FFL and said that in South Carolina, a concealed carry permit holder does not have to undergo a background check when they purchase a firearm because the South Carolina permit qualifies for a NICS check exemption (US Code Title 27 Chapter 478.102 (d)(1)(ii)).  That exemption requires that a NICS check is done at least once every five years.  Currently in Virginia, CHP background checks go through the State Police so Virginia does not qualify for the background check exemption.  If SB 689 passes, that could change.

SB 689 includes a provision that five-year permits also undergo a NICS background check in the processing. Also, there is a House Bill 2029 that would change Virginia's background check law to allow CHP holders to be exempt from the background check when purchasing a firearm in accordance with the above referenced exemption.

So, if a Virginia gun owner wants to be exempt from undergoing a background check every time they purchase a firearm, they would need to continue with the current five-year permit.  But, if SB 689 passes, you will also have the option of having a permit for life, you'll just have to continue going through the background check when you buy a firearm from an FFL.

All Anti-rights Bills Defeated in Senate Courts of Justice

After almost four hours, Senate Courts of Justice wrapped up a meeting that was dominated by consideration of firearm related bills.  The Committee defeated all of the anti-rights bills before the committee and move forward a handful of pro-rights bills. 

Update: At the time this was originally posted, it appeared that SB943 had passed the committee and been referred to Finance but a full vote recount was done and it failed miserably, so all of the bad bills heard today died.
Below is the list of bills bad bills that failed in Senate Courts this morning:

SB 768 - McEachin bill outlawing private sales - Defeated.

SB 798 Reinstating handgun rationing - Defeated.

SB 909 Prohibiting anyone subject to a protective order from possessing a firearm, without the protections of due process - Defeated.

SB 943: Prohibits a person who has been convicted of stalking, assault and battery of a family or household member, or sexual battery from possessing or transporting a firearm. - Defeated*

SB 993 Prohibiting private transfer of firearms - Defeated.

SB 1108 - Revocation of CHP for delinquent child support - Defeated.

SB1178 Containing numerous anti-rights provisions - Defeated. 

SB 1179 Criminalize teaching children 4 or younger to use firearms or BB guns - Defeated.
 

SB 1429: Removal of firearms without due process by law enforcement or commonwealth attorney from persons posing substantial risk - Defeated.

There were also some good bills that were reported out of committee:

SB 689 - Lifetime CHPs -  Reported and referred to Senate Finance.

SB 1132 - Exception to the crime of possessing a firearm on school property if a person has a valid concealed handgun permit and possession of a concealed handgun occurs outside normal school hours. The bill also provides an exception if a person with a concealed handgun permit stores a concealed handgun in a motor vehicle in a parking lot, traffic circle or other means of vehicular ingress or egress to the school; current law allows possession while the person is in the motor vehicle in one of those areas.  - Reported.

SB1137 - Provides that lawful concealed carry permit holders shall not be subject to the provisions of certain local ordinances that make it unlawful for any person to transport, possess, or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality - Reported

SB1155 - Replaces current requirements that law-enforcement agencies report information regarding confiscated firearms to the Department of State Police with a requirement that information be reported to a firearms tracing system maintained by the U.S. Department of Justice. The bill requires law-enforcement agencies to return stolen firearms to the rightful owner unless the person is prohibited from possessing the firearm or it is needed in a criminal prosecution. - Reported.  

SB1191 - Amends statute that makes it a Class 6 felony to possess a firearm on school property or school bus to require that the person must have knowingly possessed the firearm- Reported

Finally, Senator Dick Black's bill  (SB 828) that would have allowed firearms on the property of private and religious schools was stricken from the docket.

All of the bills reported this morning with the exception of SB 943 and SB 689 are headed to the full Senate for a final vote that will likely take place Wednesday or Thursday.  SB 943 and SB 689 must be taken up in Senate Finance to determine their fiscal impact.

Please contact your state senator and urge him or her to vote for the list of good bills above.


*Note: This is an edited version of a post from January 26th. When this was originally posted, based on initial votes in the committee, it was believed SB 943 had been reported by the committee and referred to Senate Finance.  VSSA tweeted live as did another gun rights group and gun ban advocate that the bill had reported.  When the votes were posted by the Senate clerks office, SB943 had been soundly defeated.  The Washington Post reported on January 27 that due to the confusion, the committee will vote on the bill a second time.
 

Lifetime Carry Permits Moving in State Senate

State Senator Charles Carrico's SB 608 which would create lifetime concealed handgun permits was unanimously reported from Senate Finance yesterday.  Amazingly, this bill is moving much faster in the Senate than it is in the House of Delegates where it has come up twice in subcommittee and still has not moved out.

SB 608 (like HB 736) would change the application process from the local Clerk of the Circuit Court to the State Police, and would make the fee for the first time applicant $100.  An individual with a current permit would pay $50 at renewal, with the renewal becoming a lifetime permit.

SB 608 is likely to be on the Senate calendar for a final vote on Friday or Monday.  Because it will be on the Uncontested Calendar, a vote is possible on Friday.

Lifetime Concealed Handgun Permits Moves to Senate Finance Committee

Yesterday, the Senate Courts of Justice Committee reported SB 608, a bill to provide for Lifetime Concealed Handgun Permits was reported by a unanimous vote and rereferred to Senate Finance as it carries a fiscal impact to a state agency.  If passed and signed by the Governor, the bill would change the process for applying for a permit, changing it from the Clerk of the local circuit court to the State Police.  It would also require the State Police to run annual background checks on every permit holder to make sure there has been no change in the holder's legal status.  We will see if the State Police make the case that they cannot handle that requirement.