Bills in Concealed Carry Deal Head to McAuliffe

Today the House and Senate passed all of the bills that make up the compromise to overturn Attorney General Mark Herring's December action eliminating recognition agreements with 25 states. They are now headed to Governor McAuliffe for his signature.  The Governor has until February 29th to act on the legislation. He has indicated he will sign the bills. 

VSSA's legislative team will  continue to monitor the progress of the bills and let members know when they have been signed.

Herring Says His Actions on Reciprocity Led to Bipartisan Movement to Tighten Gun Laws

We've now heard from Attorney General Mark Herring on yesterday's announced deal between the Governor and the GOP that will overturn the AG's December concealed carry permit recognition actions. According to the Richmond Times Dispatch, Herring says is action is what spurred the agreement:

Though the deal could be viewed as a setback for Herring — often accused by opponents of playing politics with his office, but praised by supporters as a champion of progressive causes — the attorney general said in a statement Thursday that he’s “encouraged to finally see a bipartisan conversation” on reducing gun violence.

“If finally enforcing our concealed handgun reciprocity laws helps break the legislative logjam on efforts to expand background checks and force domestic abusers to turn over their guns, then I’m glad we could provide some momentum and I hope this is just the first step in enacting sensible gun safety measures,” Herring said.

Coy said Herring’s decision on concealed carry permits, which some gun-rights activists feared would lead other states to stop recognizing Virginia permits, served as a catalyst for the agreement.

“Without his leadership, this deal would not have been possible,” Coy said.

I'm not completely buying that this was all aimed at causing a stink just to have the changes ditched at the eleventh hour.  It is more likely that the Governor was headed a for a veto override of at least one bill that would overturn the order that had strong bipartisan support and he was looking for a face saving way out of a jam his AG put him in.  Let's look again at what the GOP gave up in return for overtuning Herring's order:

1. The deal would require the Virginia State Police to be available at all gun shows to perform voluntary background checks for sellers who are not federally licensed.
2. Anyone subject to a permanent protective order to surrender guns in their possession, a policy aimed at removing guns from domestic violence situations.
3. Anyone who has had a Virginia permit revoked would not be allowed to carry a concealed weapon in Virginia using another state’s permit.

That's it.  For all of Herring's bluster that this agreement "expands" background checks, nothing really changes.  It just makes it easier for any private individual who wants to use the state police to have a background check run on a perspective buyer at a gun show can now do it. ATF regulations already allow private sellers to use a dealer to facilitate background checks on private sales in states that use the National Instant Check System (NICS). Virginia uses the State Police and only dealers can use that system. So, all 25 states that Herring said did not measure up to Virginia concealed handgun permit requirements will still have their permits recognized, all for just slight tweaks in Virginia law.

And, for the little McAuliffe got, some in the gun ban lobby are not happy:

McAuliffe’s deal-making on guns didn’t sit well with some of his allies in the gun-control push.

Andy Parker, the father of slain Roanoke-area TV journalist Alison Parker, criticized the governor in a statement circulated by Everytown for Gun Safety, an advocacy group that poured in more than $2.4 million to support Democratic campaigns in last year’s legislative elections. McAuliffe’s deal-making on guns didn’t sit well with some of his allies in the gun-control push.

“Since my daughter, Alison, was killed on live television in August, I’ve stood by Governor McAuliffe’s side and applauded his leadership on gun safety — and he has been a friend and source of support for me and my family,” Parker said. “That is why if reports are true that he’ll put the gun lobby agenda ahead of the safety of Virginians, I am beyond disappointed.”

Herring's spin not withstanding, it still looks like McAuliffe threw him under the bus because of all the political heat that came from the AG's move in December.

Business and Conversation Brisk During Last Weekend's Nation's Gun Show

Both WTVR CBS6 and the Loudoun Times-Mirror covered the Nation's Gun Show held in Chantilly over this past weekend. Both Media Outlets found varying views on what was at the time speculation of what would actually come out of the White House.  First, the CBS 6 report.

I'm not sure the owner of Trader Jerry's would agree that his comments about those engaged in the business of selling firearms means he thinks laws should be more restrictive. While I don't know this, I am willing to bet he does not believe someone who sells one firearm from their personal collection at a gun show is in the business of selling firearms.

It should also be noted that CBS 6 did not go out of their way to try and portray the private sellers to which they spoke as some shady black market people but they were folks who, like most gun owners, wanted to make sure the folks they were selling their guns to were on the up-and-up.  They also were like most of the private sellers I have seen at gun shows - guys walking around with one gun on their shoulder, not someone trying to skirt the FFL law with a table full of firearms.

You probably noticed that reference to the show being so busy the ATM ran out of money.  Annette Elliot, the show promoted told the Loudoun Times-Mirror why the event was so packed:

“There are three reasons why people are waiting in line to get into our show,” Elliott explained. “One is ISIS. Two is McAuliffe. And three is Obama."

The Times-Mirror noted that more guns were sold in December than almost any other month in nearly two decades  according to federal data released on Monday.

While Virginia's McAuliffe and Herring Restrict Rights, NJ Panel Recommends Easing Restrictions

America's First Freedom reports that a panel appointed by New Jersey Governor Chris Christie is recommending that some of the state's draconian gun restrictions be eased. Who would have thought that New Jersey would be looking to ease gun laws at the same time Virginia Governor Terry McAuliffe and AG Mark Herring try and find ways to go around the legislature to restrict our rights.

Virginia AG Ending Concealed Carry Reciprocity With 25 States

The Washington Post reports that Virginia  Attorney General Mark Herring has found a way around the legislature to restrict gun rights and will end reciprocity agreements with 25 states. Herring told the Post that, "this is a commonsense step that can help make Virginians and our law enforcement officers safer by ensuring that Virginia’s laws on who can and cannot carry a concealed handgun are applied evenly, consistently, and fairly.”

The Post did not ask Herring how many out of state permit holders that came to Virginia and carried their firearms had committed a crime.

Kaine, McAuliffe, Herring Hold Joint Press Conference on Gun Control

Governor Terry McAuliffe, U.S. Senator Tim Kaine, and Attorney General Mark Herring just completed a joint press conference on gun control proposals they are taking and will push.  Among them are:

• McAuliffe has issued an executive order to ban all firearms in all state buildings except for law enforcement officers.
• McAuliffe said he will establish a joint task force to prosecute gun crimes and enforce existing laws.
• McAuliffe said the Commonwealth is aggressively going after gun dealers who sell guns illegally.
• McAuliffe will authorize the AG to prosecute gun crimes, giving cases state resources.
• McAuliffe also said he will continue to look at what "executive action" can be taken to curb "gun violence."

When Kaine got up to speak, he said he thought the "NRA no longer speaks for its members" and instead works for the gun manufacturers.  He also said his worst day was the Virginia Tech shooting.  Kaine claimed that  the legislature has stalled any "gun safety" legislation and has actually made "gun safety worse".  Maybe someone should remind Kaine that Virginia's crime rate is the lowest it has been since the 70's,  dropping some 26% between 2006 and 2013.

More on details will be posted later today.

In the meantime, you can share your views on Virginia gun laws with NBC12 which will hold a moderated townhall on October 21st.

Update: The Richmond Times Dispatch reports that McAuliffe's executive order on firearms in state buildings is a ban on open carry.

The ban on guns in government buildings affects executive branch office buildings, which includes buildings throughout the state such as Department of Motor Vehicles locations and Virginia Employment Commission offices. The new restriction doesn't apply to the Capitol building or General Assembly offices, where authority lies with the Republican-controlled legislature. Guns already are not allowed in court buildings. 

The ban applies immediately to guns carried openly. Banning concealed weapons requires a longer regulatory process, but McAuliffe said he expects the Department of General Services to propose regulations aimed at concealed carrying within 30 days.

The ban doesn't apply to law enforcement, security or military personnel carrying firearms as part of their duties.

The Times-Dispatch also noted that the governor's order also called for judges and prosecutors to use their powers to require gun forfeiture in domestic violence cases,  as well as directed the Virginia State Police to request tracing of every gun used in a crime and finally, established a statewide tip line to allow people to collect rewards for successfully reporting gun violations.

Update 2: Mark and Gabby Giffords gun ban group has issued a statement according to WRIC:

“In his campaign for governor, Terry McAuliffe told Virginians that if elected, he would advance commonsense policies that make their families safer from gun violence. Now, as governor, Terry McAuliffe is keeping his word and establishing himself as a true champion for common sense,” said Peter Ambler, Founder and (C)(4) Director of Americans for Responsible Solutions. “Most significantly, Gov. McAuliffe is showing other governors around the country they don’t have to wait on often stubborn legislatures to fill gaps in enforcement and other key areas of gun safety.”

Update 3:  Thursday afternoon I had the opportunity to talk about McAuliffe's actions with Cam Edwards of NRANews.

Herring Campaign Manager Claims Gun Control Led To Victory That is Still in Question

State Senator Mark Herring's campaign manager, Kevin O’Holleran, had this Op/Ed in yesterday's Washington Post, claiming that gun control led to his 164 vote victory over State Senator Mark Obenshain in Virginia's AG race. Setting aside for the moment the votes are headed for a recount, let's take a look at his claim.

Like much conventional wisdom, this was wrong — and we not only ignored this advice but did the opposite. There were stark differences between Herring and his Republican opponent, Sen. Mark D. Obenshain (R-Harrisonburg), on gun safety. Obenshain opposed comprehensive background checks and opposed closing the gun-show loophole. He opposed former governor Douglas Wilder’s landmark “one-gun-a-month” legislation. Obenshain also made a habit of voting for such irresponsible proposals as allowing guns in bars and restaurants where alcohol is served.

While O'Holleran made a short reference to the campaign's focus on the so-called "women's health" meme that Democrats used during the 2013 campaign, he gives credit for his candidate's victory the focus on gun control, and even mentions the late entry of Bloomberg's gun ban group into the race. But, Bloomberg did not focus solely on gun control, choosing instead to also jump on the social issues band wagon. Also, as O'Holleran focuses his thesis on the vote totals on northern Virginia, Bloomberg focused his ads on the region as did the Mark Kelly-Gabby Giffords group Americans for Responsible Solutions. Even with the large vote totals he ran up in Northern Virginia, the final margin is a razor thin 164 votes that is headed to a recount. So, while gun control likely polls well in Northern Virginia, even with increasing the vote total by 124,000 over the total for the AG in 2009, it was barely enough to pull him across the finish line (and still may not depending on what happens in the recount). It's likley the constant barage of negative ads tying Obenshain to Cuccinelli on social issues had more to do with the final outcome than gun control.

And, even if he ends up winning, 164 votes does not make a mandate for anything, including gun control.