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.
Showing posts with label Militia Police and Public Safety Committee. Show all posts
Showing posts with label Militia Police and Public Safety Committee. Show all posts
Thursday, February 5, 2015
Wednesday, January 28, 2015
Firearm Related Bills on the Docket in Militia, Police and Public Safety Subcommittee on Thursday.
The House Militia, Police and Public Safety Subcommittee #1 will meet tomorrow afternoon at 4:00PM and VSSA's lobbying team will be there. The bills on the docket are all anti-rights:
H.B. 1548 Concealed handgun permit; revocation of permit if delinquent in child support payments.
Patron: Hope
Revocation of concealed handgun permit; delinquency in child support payments. Provides for the revocation of an individual's concealed handgun permit if such individual (i) has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings or (ii) is delinquent in the payment of child support by 90 days or more or in an amount of $5,000 or more. If the obligor remedies the delinquency, reaches an agreement with the obligee or Department of Social Services to remedy the delinquency, or complies with the subpoena, summons, or warrant, he may reapply for a concealed weapons permit.
H.B. 1604 Firearms; criminal history record information check, penalties. Patron: Plum
Transfer of firearms; criminal history record information check; penalties. Adds a definition of "firearms show vendor" or "vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also requires that the promoter of a firearms show provide vendors access to licensed dealers who will conduct the criminal history record information check.
H.B. 1671 Purchase of handguns; limitation on handgun purchases; penalty. Patron: Simon
Purchase of handguns; limitation on handgun purchases; penalty. Prohibits individuals who are not licensed firearms dealers 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) law-enforcement agencies and officers, (ii) state and local correctional facilities, (iii) licensed private security companies, (iv) persons who hold a valid Virginia concealed handgun permit, (v) persons whose handgun has been lost or stolen or who are trading in a handgun, (vi) purchases of handguns in a private sale, and (vii) purchases of antique firearms.
H.B. 1801 Firearms; display or distribution of information at shows. Patron: Spruill
Display or distribution of information at firearms shows. Requires a vendor or exhibitor at firearms shows to display at his booth or table a sign that contains his full legal name, the name and address of the business, if applicable, and his telephone number. The bill also provides that no vendor or exhibitor in the show may advertise that he is not required to obtain criminal history record information for potential customers or any other substantially similar statement.
H.B. 1864 Firearms show; State Police list of vendors or exhibitors. Patron: Rasoul
Firearms show; State Police list of vendors or exhibitors. Requires a promoter of a firearms show to include in his list of vendors or exhibitors submitted to State Police information regarding whether a vendor or exhibitor was selling or transferring a firearm and the vendor or exhibitor's dealer identification number, if applicable.
H.B. 1904 Firearms; penalty when accessible by children. Patron: Lopez
Firearms; access by children; penalty. Provides that it is a Class 1 misdemeanor to knowingly authorize a child age four or younger to use a firearm or pneumatic gun.
H.B. 1909 Firearms magazines, certain; prohibition of sale, transfer, etc., penalty. Patron: Lopez
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 for exceptions to the prohibition, including the owner's registration with the Department of State Police following a criminal history record information check. The willful or intentional making of a materially false statement on the consent form required by the processes required for a criminal history record information check will subject the person making such statement to a $250 fine. The bill also provides that a registrant is limited to three large capacity magazines and must otherwise dispose of all magazines in excess of the limit. Finally, the bill outlines the registration process for anyone who owns a large capacity magazine.
H.B. 1923 Firearm transfers; criminal history record information checks, penalty. Patron: Murphy
Transfer of firearms; 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 a 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, and transfers by the executor or administrator of an estate or by the trustee of a testamentary trust.
H.B. 1997 Purchase of handguns; limitation on handgun purchases; penalty. Patron: Morrissey
Purchase of handguns; limitation on handgun purchases; penalty. Prohibits individuals who are not licensed firearms dealers 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) law-enforcement agencies and officers, (ii) state and local correctional facilities, (iii) licensed private security companies, (iv) persons who hold a valid Virginia concealed handgun permit, (v) persons whose handgun has been lost or stolen or who are trading in a handgun, (vi) purchases of handguns in a private sale, and (vii) purchases of antique firearms.
H.B. 2085 Firearms; purchase, possession, or transportation following convictions for certain misdemeanors. Patron: Murphy
Purchase, possession, or transportation of firearms following convictions for certain misdemeanor crimes; restoration of rights; penalty. Prohibits a person who has been convicted of stalking, sexual battery, assault and battery of a family or household member, brandishing a firearm, or two or more convictions of assault and battery from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crimes may petition the circuit court for a reinstatement of his rights to purchase, possess or transport a firearm.
H.B. 2232 Persons involuntarily admitted or ordered to outpatient treatment; purchase, etc., ammunition. Patron: Surovell
Purchase, etc., of ammunition by persons involuntarily admitted or ordered to outpatient treatment; penalty. Provides that it is a Class 1 misdemeanor for a person who has been involuntarily admitted or ordered to outpatient treatment or who agreed to voluntary admission after being the subject of a temporary detention order to purchase, possess, or transport ammunition for a firearm. Current law only applies to the purchase, possession, or transportation of the firearm itself.
Keep up with the results live by following VSSA's Twitter and Facebook feeds.
H.B. 1548 Concealed handgun permit; revocation of permit if delinquent in child support payments.
Patron: Hope
Revocation of concealed handgun permit; delinquency in child support payments. Provides for the revocation of an individual's concealed handgun permit if such individual (i) has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings or (ii) is delinquent in the payment of child support by 90 days or more or in an amount of $5,000 or more. If the obligor remedies the delinquency, reaches an agreement with the obligee or Department of Social Services to remedy the delinquency, or complies with the subpoena, summons, or warrant, he may reapply for a concealed weapons permit.
H.B. 1604 Firearms; criminal history record information check, penalties. Patron: Plum
Transfer of firearms; criminal history record information check; penalties. Adds a definition of "firearms show vendor" or "vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also requires that the promoter of a firearms show provide vendors access to licensed dealers who will conduct the criminal history record information check.
H.B. 1671 Purchase of handguns; limitation on handgun purchases; penalty. Patron: Simon
Purchase of handguns; limitation on handgun purchases; penalty. Prohibits individuals who are not licensed firearms dealers 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) law-enforcement agencies and officers, (ii) state and local correctional facilities, (iii) licensed private security companies, (iv) persons who hold a valid Virginia concealed handgun permit, (v) persons whose handgun has been lost or stolen or who are trading in a handgun, (vi) purchases of handguns in a private sale, and (vii) purchases of antique firearms.
H.B. 1801 Firearms; display or distribution of information at shows. Patron: Spruill
Display or distribution of information at firearms shows. Requires a vendor or exhibitor at firearms shows to display at his booth or table a sign that contains his full legal name, the name and address of the business, if applicable, and his telephone number. The bill also provides that no vendor or exhibitor in the show may advertise that he is not required to obtain criminal history record information for potential customers or any other substantially similar statement.
H.B. 1864 Firearms show; State Police list of vendors or exhibitors. Patron: Rasoul
Firearms show; State Police list of vendors or exhibitors. Requires a promoter of a firearms show to include in his list of vendors or exhibitors submitted to State Police information regarding whether a vendor or exhibitor was selling or transferring a firearm and the vendor or exhibitor's dealer identification number, if applicable.
H.B. 1904 Firearms; penalty when accessible by children. Patron: Lopez
Firearms; access by children; penalty. Provides that it is a Class 1 misdemeanor to knowingly authorize a child age four or younger to use a firearm or pneumatic gun.
H.B. 1909 Firearms magazines, certain; prohibition of sale, transfer, etc., penalty. Patron: Lopez
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 for exceptions to the prohibition, including the owner's registration with the Department of State Police following a criminal history record information check. The willful or intentional making of a materially false statement on the consent form required by the processes required for a criminal history record information check will subject the person making such statement to a $250 fine. The bill also provides that a registrant is limited to three large capacity magazines and must otherwise dispose of all magazines in excess of the limit. Finally, the bill outlines the registration process for anyone who owns a large capacity magazine.
H.B. 1923 Firearm transfers; criminal history record information checks, penalty. Patron: Murphy
Transfer of firearms; 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 a 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, and transfers by the executor or administrator of an estate or by the trustee of a testamentary trust.
H.B. 1997 Purchase of handguns; limitation on handgun purchases; penalty. Patron: Morrissey
Purchase of handguns; limitation on handgun purchases; penalty. Prohibits individuals who are not licensed firearms dealers 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) law-enforcement agencies and officers, (ii) state and local correctional facilities, (iii) licensed private security companies, (iv) persons who hold a valid Virginia concealed handgun permit, (v) persons whose handgun has been lost or stolen or who are trading in a handgun, (vi) purchases of handguns in a private sale, and (vii) purchases of antique firearms.
H.B. 2085 Firearms; purchase, possession, or transportation following convictions for certain misdemeanors. Patron: Murphy
Purchase, possession, or transportation of firearms following convictions for certain misdemeanor crimes; restoration of rights; penalty. Prohibits a person who has been convicted of stalking, sexual battery, assault and battery of a family or household member, brandishing a firearm, or two or more convictions of assault and battery from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crimes may petition the circuit court for a reinstatement of his rights to purchase, possess or transport a firearm.
H.B. 2232 Persons involuntarily admitted or ordered to outpatient treatment; purchase, etc., ammunition. Patron: Surovell
Purchase, etc., of ammunition by persons involuntarily admitted or ordered to outpatient treatment; penalty. Provides that it is a Class 1 misdemeanor for a person who has been involuntarily admitted or ordered to outpatient treatment or who agreed to voluntary admission after being the subject of a temporary detention order to purchase, possess, or transport ammunition for a firearm. Current law only applies to the purchase, possession, or transportation of the firearm itself.
Keep up with the results live by following VSSA's Twitter and Facebook feeds.
Tuesday, January 14, 2014
Firearm Bills to Be Heard in Militia Police and Public Safety Subcommittee #1 Thursday
The following bills will be heard in the Militia Police and Public Safety Subcommittee #1 on Thursday at 4:00 PM in the 4th Floor West Conference Room of the General Assembly Building:
HB 61 Firearms; purchase and sale of rifles or shotguns, penalties. VSSA Opposes
HB 100 Concealed handgun permits; references to issuance of handgun before July 1, 2008. VSSA Supports
HB 357 Concealed handgun permit applicant; access to information. VSSA Supports
HB 448 Firearms; restoration of rights, report to State Police. VSSA Supports
HB 535 Firearms; criminal history record information check on transferee; penalties. VSSA Opposes
HB 695 Concealed handgun permit; changes to types of firearms safety courses. VSSA Opposes
HB 705 Concealed handgun permits; eliminates certain requirements for an out-of-state permit. VSSA Supports
HB 736 Concealed handgun permits, lifetime; Department of State Police to issue, penalty. VSSA Supports
HB 809 Prohibition of sale, transfer, etc., of certain firearms magazines; fine. VSSA Opposes
HB 810 Firearms; willful discharge, penalty. VSSA Opposes
HB 812 Firearms; criminal history record information checks for sales, penalty.VSSA Opposes
HB 823 Firearms; transfer at gun shows, voluntary background check. VSSA Opposes
HB 828 Concealed handgun permits; completion of firearms safety courses. VSSA Neutral
HB 878 Firearms, certain; law-enforcement officer certification. VSSA Supports
HB 962 Concealed handgun; carrying in a secured container or compartment in vehicle. VSSA Supports
HB 992 Firearms; prohibited in libraries owned or operated by localities. VSSA Opposes
HB 1055 Concealed handgun permits; completion of firearms safety courses. VSSA Neutral
HB 1118 Criminal background check for transfer of firearms; exemption for holders of concealed carry permits VSSA Supports.
Gun owners who can are encouraged to attend and should where business attire. VSSA's lobbyist will be in attendance and has been working committee members ahead of the meeting. Check the blog on Thursday for results of the meeting.
Gun owners who can are encouraged to attend and should where business attire. VSSA's lobbyist will be in attendance and has been working committee members ahead of the meeting. Check the blog on Thursday for results of the meeting.
Thursday, January 26, 2012
Busy Day in Senate Courts Wednesday, Militia and Police Subcommittee Up Next
Yesterday saw a marathon meeting in Senate Courts of Justice as noted in last night's legislative update with both of VSSA's top priorities, repeal of handgun rationing and Castle Doctrine reported out of committee. Another busy day is set as there are a number of bills scheduled to be heard this evening at 5:00 PM in House Militia, Police and Public Safety Subcommittee #1. Bills to be considered in the subcommittee tonight are:
Anti-Gun Legislation:
House Bill 364 would prohibit the private sales of firearms at gun shows by requiring that all sales conducted at a gun show go through a federally licensed dealer. We have already seen in the State Senate that the real target of such legislation is to ban all private sales.
House Bill 458 seeks to weaken Virginia's preemption law by allowing localities to adopt an ordinance that prohibits firearms, ammunition, or components, or a combination thereof, in libraries owned or operated by the locality.
Pro-Gun Legislation:
House Bill 20 would update Virginia's Emergency Powers doctrine by adding lawful carrying and transportation to the list of actions that cannot be prohibited during a declaration of emergency.
House Bill 22 would establish that no locality or entity may participate in compensated consfiscation schemes (gun "buyback") where individuals are given anything of value or money in exchange for surrendering a firearm to the locality unless the governing body first passes an ordinance authorizing the gun "buyback." This legislation also requires that any locality holding gun "buybacks" sell the firearms to a federally licensed dealer "or be disposed of in any appropriate manner" if they could not be sold.
House Bill 26 would allow a court to waive a $25 dollar fine upon presentation of the permit to the court, if a person fails to display his concealed handgun permit when requested by a law enforcement officer.
House Bill 375 would prohibit localities from adopting any workplace rule that prevents an employee from storing a lawfully possessed firearm and ammunition in his locked motor vehicle. The firearm must be in a secured container or compartment in the vehicle.
House Bill 940 repeals Virginia's handgun rationing which prohibits the purchase of more than one handgun in a thirty-day period.
Anti-Gun Legislation:
House Bill 364 would prohibit the private sales of firearms at gun shows by requiring that all sales conducted at a gun show go through a federally licensed dealer. We have already seen in the State Senate that the real target of such legislation is to ban all private sales.
House Bill 458 seeks to weaken Virginia's preemption law by allowing localities to adopt an ordinance that prohibits firearms, ammunition, or components, or a combination thereof, in libraries owned or operated by the locality.
Pro-Gun Legislation:
House Bill 20 would update Virginia's Emergency Powers doctrine by adding lawful carrying and transportation to the list of actions that cannot be prohibited during a declaration of emergency.
House Bill 22 would establish that no locality or entity may participate in compensated consfiscation schemes (gun "buyback") where individuals are given anything of value or money in exchange for surrendering a firearm to the locality unless the governing body first passes an ordinance authorizing the gun "buyback." This legislation also requires that any locality holding gun "buybacks" sell the firearms to a federally licensed dealer "or be disposed of in any appropriate manner" if they could not be sold.
House Bill 26 would allow a court to waive a $25 dollar fine upon presentation of the permit to the court, if a person fails to display his concealed handgun permit when requested by a law enforcement officer.
House Bill 375 would prohibit localities from adopting any workplace rule that prevents an employee from storing a lawfully possessed firearm and ammunition in his locked motor vehicle. The firearm must be in a secured container or compartment in the vehicle.
House Bill 940 repeals Virginia's handgun rationing which prohibits the purchase of more than one handgun in a thirty-day period.
Monday, February 8, 2010
Repeal of Restaurant Ban on Militia and Police Agenda Tomorrow
The agenda for tomorrow's meeting of the House Militia, Police, and Public Safety Subcommittee has been posted. There are only four bills on the agenda but one very important bill for gun owners - H.B. 505 - repeal of the Restaurant Ban. Contact members of the committee now and urge them to vote yes to report the bill to the full House.
Committee Members:
Sherwood (Chairman), Griffith, Wright, Carrico, Lingamfelter, Nutter, Athey, Cline, Gilbert, Merricks, Cleaveland, Morefield, Edmunds, Cox, J.A., Scott, J.M., Barlow, Shuler, Lewis, Miller, P.J. , Tyler, James, Keam
Committee Members:
Sherwood (Chairman), Griffith, Wright, Carrico, Lingamfelter, Nutter, Athey, Cline, Gilbert, Merricks, Cleaveland, Morefield, Edmunds, Cox, J.A., Scott, J.M., Barlow, Shuler, Lewis, Miller, P.J. , Tyler, James, Keam
Thursday's Meeting of Militia and Police Subcommittee #1
On Thursday, the Militia, Police and Public Safety Subcommittee #1 met for about 2 1/2 hours while a major winter storm was making it's way to Virginia. Many of the members of the subcommittee wanted to get business over so they could return to their homes before the worst of the storm hit as the House had decided to cancel Friday's session. The subcommittee did however take up many of the bills on the docket and the results are below. The full committee has yet to meet to take up legislation and Friday is the last regular scheduled meeting before crossover so there will likely be a very full docket at the full committee meeting. A weekend meeting is a possibility however. Update 10:45 AM - The full Committee will meet Tuesday at 7:00AM. More information will be posted when the agenda is available.
The results of Thursday's meeting are:
H.B. 69 Firearms, ammunition, etc.; those manufactured and retained in State not subject to federal law. Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce. Subcommittee recommends reporting with amendment(s) (4-Y 1-N)
H.B. 109 Firearms; destruction of certain records by clerk of circuit court. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a recordkeeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records. Subcommittee recommends reporting with amendment(s) (5-Y 0-N)
H.B. 171 Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may prohibit a person who lawfully possesses a firearm from storing that firearm in a locked motor vehicle. The bill provides civil immunity for such persons, property owners, tenants, employers, or business owners. The provisions of the bill would not apply to possession of firearms on school property, nor would the provisions apply to vehicles owned or leased by an employer or business and used by an employee in the course of his employment. Subcommittee recommends reporting with amendment(s) (4-Y 1-N)
H.B. 236 Firearms; Class 1 misdemeanor to discharge in certain areas. Makes it a Class 1 misdemeanor to discharge a firearm towards a subdivision within the range of the firearm, or to discharge a firearm towards any person or structure, when no barrier exists that would prevent the projectile from striking a person or animal or structure. With these changes, a locality would no longer be able to prohibit hunting generally within a half-mile radius of a subdivision, but would still be able to prohibit hunting within a subdivision. Subcommittee recommends reporting (5-Y 0-N)
H.B. 490 Concealed handguns; development of plan for issuance of lifetime permit by State Police. Directs the Department of State Police, in cooperation with the Secretary of Public Safety, to develop a plan to allow for the State Police to issue lifetime concealed handgun permits to Virginia residents. The Department and the Secretary shall submit the plan, and any recommended legislative changes to implement the plan, to the Chairmen of the House Committee on Militia, Police, and Public Safety and the Senate Committee for Courts of Justice by October 15, 2010. Subcommittee recommends reporting (5-Y 0-N)
H.B. 520 Sale of firearms at firearms shows; person who sells 3 or more to be licensed as a firearms dealer. Requires any person who has a fixed location at a firearms show to display and sell firearms and any person who sells three or more firearms at a firearms show, regardless of whether he has a fixed location, to be licensed as a Virginia firearms dealer. Subcommittee recommends passing by indefinitely by voice vote
H.B. 871 Concealed handgun permit applications; right to ore tenus hearing. Clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus hearing if the permit is denied as a person who has previously held a concealed handgun permit. Subcommittee recommends reporting with amendment(s) (5-Y 0-N)
H.B. 886 Firearms, ammunition, etc.; those manufactured and retained in State not subject to federal law. Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce. Subcommittee recommends incorporating (HB69-Carrico) by voice vote
H.B. 995 Firearms; purchaser may present military identification card or concealed handgun permit. Allows a prospective purchaser to present a current or retired military identification card or a concealed handgun permit in order to establish citizenship or lawful admission for permanent residence in order to purchase an assault firearm. Subcommittee recommends continuing to 2011 by voice vote
H.B. 1070 Concealed handguns; person who possesses valid permit may carry into emergency shelter. Provides that a person who has a valid concealed handgun permit may not be barred from carrying a concealed handgun in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons. Subcommittee recommends reporting (5-Y 0-N)
H.B. 1191 Concealed handgun permits; allows circuit court judge to authorize clerk of court to issue. Allows a circuit court judge to authorize the clerk of court to issue concealed handgun permits in instances where the application is complete, the background check does not indicate that the applicant is disqualified, and, after consulting with the local sheriff or police department, there are no other questions or issues surrounding the application. Subcommittee recommends reporting with amendment(s) (4-Y 1-N)
H.B. 1209 Machine guns; Superintendent of VSP to be notified in writing of change of address of registrant. Requires that the Superintendent of State Police be notified in writing of the change of address of the registrant or the change of the address of the permanent physical location of a machine gun. Subcommittee recommends striking from docket by voice vote
H.B. 1217 Firearm safety education program; school boards to offer in elementary grades. Allows local school boards to offer firearm safety education programs in the elementary grades. To assist local school boards opting to provide such instruction, the Board of Education must establish a standardized program of firearm safety education for students in the elementary school grades to promote the protection and safety of children. The bill requires that the program objectives incorporate, among other principles of firearm safety, accident prevention and the rules of the National Rifle Association's Eddie Eagle Gunsafe Program. Local school boards offering the program must comply with Board curriculum guidelines and integrate the instruction in appropriate subject areas, if feasible, to ensure that every elementary school student receives instruction in firearm safety education. Subcommittee recommends reporting (5-Y 0-N)
H.B. 1379 Child-care facilities; local regulation of possession and storage of firearms, etc., at facilities. Provides that certain Northern Virginia localities may adopt local ordinances that regulate the possession and storage of firearms, ammunition, or components or combination thereof at child-care facilities, so long as such regulation is not more extensive in scope than comparable state regulations applicable to family day-care homes. Subcommittee recommends reporting with amendment(s) (5-Y 0-N)
The results of Thursday's meeting are:
H.B. 69 Firearms, ammunition, etc.; those manufactured and retained in State not subject to federal law. Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce. Subcommittee recommends reporting with amendment(s) (4-Y 1-N)
H.B. 109 Firearms; destruction of certain records by clerk of circuit court. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a recordkeeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records. Subcommittee recommends reporting with amendment(s) (5-Y 0-N)
H.B. 171 Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may prohibit a person who lawfully possesses a firearm from storing that firearm in a locked motor vehicle. The bill provides civil immunity for such persons, property owners, tenants, employers, or business owners. The provisions of the bill would not apply to possession of firearms on school property, nor would the provisions apply to vehicles owned or leased by an employer or business and used by an employee in the course of his employment. Subcommittee recommends reporting with amendment(s) (4-Y 1-N)
H.B. 236 Firearms; Class 1 misdemeanor to discharge in certain areas. Makes it a Class 1 misdemeanor to discharge a firearm towards a subdivision within the range of the firearm, or to discharge a firearm towards any person or structure, when no barrier exists that would prevent the projectile from striking a person or animal or structure. With these changes, a locality would no longer be able to prohibit hunting generally within a half-mile radius of a subdivision, but would still be able to prohibit hunting within a subdivision. Subcommittee recommends reporting (5-Y 0-N)
H.B. 490 Concealed handguns; development of plan for issuance of lifetime permit by State Police. Directs the Department of State Police, in cooperation with the Secretary of Public Safety, to develop a plan to allow for the State Police to issue lifetime concealed handgun permits to Virginia residents. The Department and the Secretary shall submit the plan, and any recommended legislative changes to implement the plan, to the Chairmen of the House Committee on Militia, Police, and Public Safety and the Senate Committee for Courts of Justice by October 15, 2010. Subcommittee recommends reporting (5-Y 0-N)
H.B. 520 Sale of firearms at firearms shows; person who sells 3 or more to be licensed as a firearms dealer. Requires any person who has a fixed location at a firearms show to display and sell firearms and any person who sells three or more firearms at a firearms show, regardless of whether he has a fixed location, to be licensed as a Virginia firearms dealer. Subcommittee recommends passing by indefinitely by voice vote
H.B. 871 Concealed handgun permit applications; right to ore tenus hearing. Clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus hearing if the permit is denied as a person who has previously held a concealed handgun permit. Subcommittee recommends reporting with amendment(s) (5-Y 0-N)
H.B. 886 Firearms, ammunition, etc.; those manufactured and retained in State not subject to federal law. Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce. Subcommittee recommends incorporating (HB69-Carrico) by voice vote
H.B. 995 Firearms; purchaser may present military identification card or concealed handgun permit. Allows a prospective purchaser to present a current or retired military identification card or a concealed handgun permit in order to establish citizenship or lawful admission for permanent residence in order to purchase an assault firearm. Subcommittee recommends continuing to 2011 by voice vote
H.B. 1070 Concealed handguns; person who possesses valid permit may carry into emergency shelter. Provides that a person who has a valid concealed handgun permit may not be barred from carrying a concealed handgun in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons. Subcommittee recommends reporting (5-Y 0-N)
H.B. 1191 Concealed handgun permits; allows circuit court judge to authorize clerk of court to issue. Allows a circuit court judge to authorize the clerk of court to issue concealed handgun permits in instances where the application is complete, the background check does not indicate that the applicant is disqualified, and, after consulting with the local sheriff or police department, there are no other questions or issues surrounding the application. Subcommittee recommends reporting with amendment(s) (4-Y 1-N)
H.B. 1209 Machine guns; Superintendent of VSP to be notified in writing of change of address of registrant. Requires that the Superintendent of State Police be notified in writing of the change of address of the registrant or the change of the address of the permanent physical location of a machine gun. Subcommittee recommends striking from docket by voice vote
H.B. 1217 Firearm safety education program; school boards to offer in elementary grades. Allows local school boards to offer firearm safety education programs in the elementary grades. To assist local school boards opting to provide such instruction, the Board of Education must establish a standardized program of firearm safety education for students in the elementary school grades to promote the protection and safety of children. The bill requires that the program objectives incorporate, among other principles of firearm safety, accident prevention and the rules of the National Rifle Association's Eddie Eagle Gunsafe Program. Local school boards offering the program must comply with Board curriculum guidelines and integrate the instruction in appropriate subject areas, if feasible, to ensure that every elementary school student receives instruction in firearm safety education. Subcommittee recommends reporting (5-Y 0-N)
H.B. 1379 Child-care facilities; local regulation of possession and storage of firearms, etc., at facilities. Provides that certain Northern Virginia localities may adopt local ordinances that regulate the possession and storage of firearms, ammunition, or components or combination thereof at child-care facilities, so long as such regulation is not more extensive in scope than comparable state regulations applicable to family day-care homes. Subcommittee recommends reporting with amendment(s) (5-Y 0-N)
Wednesday, February 3, 2010
Another Long Docket for Militia and Police Subcommittee #1
The Militia, Police and Public Safety Subcommittee #1 will meet on Thursday at 5:00 PM and like last week there is a long docket. Last week's meeting lasted 3 hours and they did not take up all the bills. Tomorrow is likely to be just as long as we get closer to Crossover.
The following bills are on the agenda.
H.B. 69 Firearms, ammunition, etc.; those manufactured and retained in State not subject to federal law. Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce.
H.B. 109 Firearms; destruction of certain records by clerk of circuit court. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a recordkeeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records.
H.B. 171 Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may prohibit a person who lawfully possesses a firearm from storing that firearm in a locked motor vehicle. The bill provides civil immunity for such persons, property owners, tenants, employers, or business owners. The provisions of the bill would not apply to possession of firearms on school property, nor would the provisions apply to vehicles owned or leased by an employer or business and used by an employee in the course of his employment.
H.B. 236 Firearms; Class 1 misdemeanor to discharge in certain areas. Makes it a Class 1 misdemeanor to discharge a firearm towards a subdivision within the range of the firearm, or to discharge a firearm towards any person or structure, when no barrier exists that would prevent the projectile from striking a person or animal or structure. With these changes, a locality would no longer be able to prohibit hunting generally within a half-mile radius of a subdivision, but would still be able to prohibit hunting within a subdivision.
H.B. 490 Concealed handguns; development of plan for issuance of lifetime permit by State Police. Directs the Department of State Police, in cooperation with the Secretary of Public Safety, to develop a plan to allow for the State Police to issue lifetime concealed handgun permits to Virginia residents. The Department and the Secretary shall submit the plan, and any recommended legislative changes to implement the plan, to the Chairmen of the House Committee on Militia, Police, and Public Safety and the Senate Committee for Courts of Justice by October 15, 2010.
H.B. 520 Sale of firearms at firearms shows; person who sells 3 or more to be licensed as a firearms dealer. Requires any person who has a fixed location at a firearms show to display and sell firearms and any person who sells three or more firearms at a firearms show, regardless of whether he has a fixed location, to be licensed as a Virginia firearms dealer.
H.B. 871 Concealed handgun permit applications; right to ore tenus hearing. Clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus hearing if the permit is denied as a person who has previously held a concealed handgun permit.
H.B. 886 Firearms, ammunition, etc.; those manufactured and retained in State not subject to federal law. Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce.
H.B. 995 Firearms; purchaser may present military identification card or concealed handgun permit. Allows a prospective purchaser to present a current or retired military identification card or a concealed handgun permit in order to establish citizenship or lawful admission for permanent residence in order to purchase an assault firearm.
H.B. 1070 Concealed handguns; person who possesses valid permit may carry into emergency shelter. Provides that a person who has a valid concealed handgun permit may not be barred from carrying a concealed handgun in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons.
H.B. 1191 Concealed handgun permits; allows circuit court judge to authorize clerk of court to issue. Allows a circuit court judge to authorize the clerk of court to issue concealed handgun permits in instances where the application is complete, the background check does not indicate that the applicant is disqualified, and, after consulting with the local sheriff or police department, there are no other questions or issues surrounding the application.
H.B. 1209 Machine guns; Superintendent of VSP to be notified in writing of change of address of registrant. Requires that the Superintendent of State Police be notified in writing of the change of address of the registrant or the change of the address of the permanent physical location of a machine gun.
H.B. 1217 Firearm safety education program; school boards to offer in elementary grades. Allows local school boards to offer firearm safety education programs in the elementary grades. To assist local school boards opting to provide such instruction, the Board of Education must establish a standardized program of firearm safety education for students in the elementary school grades to promote the protection and safety of children. The bill requires that the program objectives incorporate, among other principles of firearm safety, accident prevention and the rules of the National Rifle Association's Eddie Eagle Gunsafe Program. Local school boards offering the program must comply with Board curriculum guidelines and integrate the instruction in appropriate subject areas, if feasible, to ensure that every elementary school student receives instruction in firearm safety education.
H.B. 1379 Child-care facilities; local regulation of possession and storage of firearms, etc., at facilities. Provides that certain Northern Virginia localities may adopt local ordinances that regulate the possession and storage of firearms, ammunition, or components or combination thereof at child-care facilities, so long as such regulation is not more extensive in scope than comparable state regulations applicable to family day-care homes.
The following bills are on the agenda.
H.B. 69 Firearms, ammunition, etc.; those manufactured and retained in State not subject to federal law. Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce.
H.B. 109 Firearms; destruction of certain records by clerk of circuit court. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a recordkeeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records.
H.B. 171 Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may prohibit a person who lawfully possesses a firearm from storing that firearm in a locked motor vehicle. The bill provides civil immunity for such persons, property owners, tenants, employers, or business owners. The provisions of the bill would not apply to possession of firearms on school property, nor would the provisions apply to vehicles owned or leased by an employer or business and used by an employee in the course of his employment.
H.B. 236 Firearms; Class 1 misdemeanor to discharge in certain areas. Makes it a Class 1 misdemeanor to discharge a firearm towards a subdivision within the range of the firearm, or to discharge a firearm towards any person or structure, when no barrier exists that would prevent the projectile from striking a person or animal or structure. With these changes, a locality would no longer be able to prohibit hunting generally within a half-mile radius of a subdivision, but would still be able to prohibit hunting within a subdivision.
H.B. 490 Concealed handguns; development of plan for issuance of lifetime permit by State Police. Directs the Department of State Police, in cooperation with the Secretary of Public Safety, to develop a plan to allow for the State Police to issue lifetime concealed handgun permits to Virginia residents. The Department and the Secretary shall submit the plan, and any recommended legislative changes to implement the plan, to the Chairmen of the House Committee on Militia, Police, and Public Safety and the Senate Committee for Courts of Justice by October 15, 2010.
H.B. 520 Sale of firearms at firearms shows; person who sells 3 or more to be licensed as a firearms dealer. Requires any person who has a fixed location at a firearms show to display and sell firearms and any person who sells three or more firearms at a firearms show, regardless of whether he has a fixed location, to be licensed as a Virginia firearms dealer.
H.B. 871 Concealed handgun permit applications; right to ore tenus hearing. Clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus hearing if the permit is denied as a person who has previously held a concealed handgun permit.
H.B. 886 Firearms, ammunition, etc.; those manufactured and retained in State not subject to federal law. Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce.
H.B. 995 Firearms; purchaser may present military identification card or concealed handgun permit. Allows a prospective purchaser to present a current or retired military identification card or a concealed handgun permit in order to establish citizenship or lawful admission for permanent residence in order to purchase an assault firearm.
H.B. 1070 Concealed handguns; person who possesses valid permit may carry into emergency shelter. Provides that a person who has a valid concealed handgun permit may not be barred from carrying a concealed handgun in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons.
H.B. 1191 Concealed handgun permits; allows circuit court judge to authorize clerk of court to issue. Allows a circuit court judge to authorize the clerk of court to issue concealed handgun permits in instances where the application is complete, the background check does not indicate that the applicant is disqualified, and, after consulting with the local sheriff or police department, there are no other questions or issues surrounding the application.
H.B. 1209 Machine guns; Superintendent of VSP to be notified in writing of change of address of registrant. Requires that the Superintendent of State Police be notified in writing of the change of address of the registrant or the change of the address of the permanent physical location of a machine gun.
H.B. 1217 Firearm safety education program; school boards to offer in elementary grades. Allows local school boards to offer firearm safety education programs in the elementary grades. To assist local school boards opting to provide such instruction, the Board of Education must establish a standardized program of firearm safety education for students in the elementary school grades to promote the protection and safety of children. The bill requires that the program objectives incorporate, among other principles of firearm safety, accident prevention and the rules of the National Rifle Association's Eddie Eagle Gunsafe Program. Local school boards offering the program must comply with Board curriculum guidelines and integrate the instruction in appropriate subject areas, if feasible, to ensure that every elementary school student receives instruction in firearm safety education.
H.B. 1379 Child-care facilities; local regulation of possession and storage of firearms, etc., at facilities. Provides that certain Northern Virginia localities may adopt local ordinances that regulate the possession and storage of firearms, ammunition, or components or combination thereof at child-care facilities, so long as such regulation is not more extensive in scope than comparable state regulations applicable to family day-care homes.
Friday, January 29, 2010
Results of Last Night's Militia and Police Subcommittee #1
It was a busy night for firearms bills last night at the General Assembly. Below is a summary of the Subcommittee's actions.
H.B. 8 Concealed handgun permits; renewal by mail. Subcommittee recommends reporting (5-Y 0-N).
H.B. 26 Concealed handgun permit; documentation and information provided by applicant. Clarifies that the clerk of court accepting a concealed handgun permit application shall not require the applicant to provide any documentation or information not required by § 18.2-308 or by the application form prescribed by the Department of State Police. Subcommittee recommends reporting (5-Y 0-N).
H.B. 52 Concealed handgun permit; failure to produce upon demand of a law-enforcement. Failure to carry concealed handgun permit. Provides that failure to produce, upon demand of a law-enforcement officer, a concealed handgun permit and a government-issued photo identification while carrying a concealed handgun is punishable by a $25 civil penalty. A court may waive this penalty if the person presents a valid concealed handgun permit and government-issued photo identification to the court. Subcommittee recommends reporting and referring to Committee for Courts of Justice.
H.B. 79 Concealed handgun permits; prohibits clerk of court from providing public access to applications. Prohibits a clerk of court from providing public access to concealed handgun permit applications and information regarding identifiable permittees without the written consent of the applicant or permittee. The applications and information would be available to law-enforcement agencies, and the clerk of court would be authorized to release aggregate information that does not identify individual applicants or permittees. Subcommittee recommends reporting (4-Y 0-N).
H.B. 108 Firearms; disposition of those acquired by localities. Provides that no locality may participate in any program in which individuals are given a thing of value in exchange for surrendering a firearm to the locality unless the governing body of the locality has enacted an ordinance authorizing the participation of the locality. The ordinance shall require that such firearms shall be sold by public auction or sealed bids to a person licensed as a dealer or be disposed of in any other appropriate manner. Subcommittee recommends reporting with amendment(s) (4-Y 1-N).
H.B. 109 Firearms; destruction of certain records by clerk of circuit court. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a record keeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records. No action taken.
H.B. 171 Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may prohibit a person who lawfully possesses a firearm from storing that firearm in a locked motor vehicle. The bill provides civil immunity for such persons, property owners, tenants, employers, or business owners. The provisions of the bill would not apply to possession of firearms on school property, nor would the provisions apply to vehicles owned or leased by an employer or business and used by an employee in the course of his employment. No action taken.
H.B. 870 Concealed handgun permit; removes option for locality to require applicant to submit fingerprints. Subcommittee recommends reporting (3-Y 0-N).
H.B. 871 Concealed handgun permit applications; right to ore tenus hearing. Clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus hearing if the permit is denied as a person who has previously held a concealed handgun permit. No action taken.
H.B. 879 Firearms; locality may adopt an ordinance that prohibits thereof in libraries. Provides that a locality may adopt an ordinance that prohibits firearms, ammunition, or components or combination thereof in libraries owned or operated by the locality. Subcommittee recommends passing by indefinitely by voice vote.
H.B. 885 Concealed weapons; person may carry a handgun in a motor vehicle or boat if secured in compartment. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is secured in a container or compartment. Subcommittee recommends reporting with amendment(s) (3-Y 1-N)
H.B. 995 Firearms; purchaser may present military identification card or concealed handgun permit. Allows a prospective purchaser to present a current or retired military identification card or a concealed handgun permit in order to establish citizenship or lawful admission for permanent residence in order to purchase an assault firearm. No action taken.
H.B. 1191 Concealed handgun permits; allows circuit court judge to authorize clerk of court to issue. Allows a circuit court judge to authorize the clerk of court to issue concealed handgun permits in instances where the application is complete, the background check does not indicate that the applicant is disqualified, and, after consulting with the local sheriff or police department, there are no other questions or issues surrounding the application. No action taken.
H.B. 1209 Machine guns; Superintendent of VSP to be notified in writing of change of address Requires that the Superintendent of State Police be notified in writing of the change of address of the registrant or the change of the address of the permanent physical location of a machine gun. No action taken.
H.B. 1210 Carrying concealed handguns; judges. Allows a judge to carry a concealed handgun without a permit at all times. Currently, judges are authorized to carry a concealed handgun without a permit while in the discharge of their official duties. Subcommittee failed to recommend reporting (2-Y 3-N).
H.B. 1234 Criminal history record check; required to transfer firearm from firearms show vendor. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check. Subcommittee recommends passing by indefinitely by voice vote.
The full committee meets on Friday mornings at 9:00 AM. Last night's subcommittee action is not scheduled to be taken up at this morning's meeting. The committee convened at 8:30 to interview Secretary of Public Safety Marla Decker and Terrie Suit, Assistant to the Governor for Commonwealth Preparedness. It is expected that full committee action will take place at next week's meeting. Now is the time to contact committee members and urge them to support the pro-rights bills that were recommended for reporting to the full House.
H.B. 8 Concealed handgun permits; renewal by mail. Subcommittee recommends reporting (5-Y 0-N).
H.B. 26 Concealed handgun permit; documentation and information provided by applicant. Clarifies that the clerk of court accepting a concealed handgun permit application shall not require the applicant to provide any documentation or information not required by § 18.2-308 or by the application form prescribed by the Department of State Police. Subcommittee recommends reporting (5-Y 0-N).
H.B. 52 Concealed handgun permit; failure to produce upon demand of a law-enforcement. Failure to carry concealed handgun permit. Provides that failure to produce, upon demand of a law-enforcement officer, a concealed handgun permit and a government-issued photo identification while carrying a concealed handgun is punishable by a $25 civil penalty. A court may waive this penalty if the person presents a valid concealed handgun permit and government-issued photo identification to the court. Subcommittee recommends reporting and referring to Committee for Courts of Justice.
H.B. 79 Concealed handgun permits; prohibits clerk of court from providing public access to applications. Prohibits a clerk of court from providing public access to concealed handgun permit applications and information regarding identifiable permittees without the written consent of the applicant or permittee. The applications and information would be available to law-enforcement agencies, and the clerk of court would be authorized to release aggregate information that does not identify individual applicants or permittees. Subcommittee recommends reporting (4-Y 0-N).
H.B. 108 Firearms; disposition of those acquired by localities. Provides that no locality may participate in any program in which individuals are given a thing of value in exchange for surrendering a firearm to the locality unless the governing body of the locality has enacted an ordinance authorizing the participation of the locality. The ordinance shall require that such firearms shall be sold by public auction or sealed bids to a person licensed as a dealer or be disposed of in any other appropriate manner. Subcommittee recommends reporting with amendment(s) (4-Y 1-N).
H.B. 109 Firearms; destruction of certain records by clerk of circuit court. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a record keeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records. No action taken.
H.B. 171 Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may prohibit a person who lawfully possesses a firearm from storing that firearm in a locked motor vehicle. The bill provides civil immunity for such persons, property owners, tenants, employers, or business owners. The provisions of the bill would not apply to possession of firearms on school property, nor would the provisions apply to vehicles owned or leased by an employer or business and used by an employee in the course of his employment. No action taken.
H.B. 870 Concealed handgun permit; removes option for locality to require applicant to submit fingerprints. Subcommittee recommends reporting (3-Y 0-N).
H.B. 871 Concealed handgun permit applications; right to ore tenus hearing. Clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus hearing if the permit is denied as a person who has previously held a concealed handgun permit. No action taken.
H.B. 879 Firearms; locality may adopt an ordinance that prohibits thereof in libraries. Provides that a locality may adopt an ordinance that prohibits firearms, ammunition, or components or combination thereof in libraries owned or operated by the locality. Subcommittee recommends passing by indefinitely by voice vote.
H.B. 885 Concealed weapons; person may carry a handgun in a motor vehicle or boat if secured in compartment. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is secured in a container or compartment. Subcommittee recommends reporting with amendment(s) (3-Y 1-N)
H.B. 995 Firearms; purchaser may present military identification card or concealed handgun permit. Allows a prospective purchaser to present a current or retired military identification card or a concealed handgun permit in order to establish citizenship or lawful admission for permanent residence in order to purchase an assault firearm. No action taken.
H.B. 1191 Concealed handgun permits; allows circuit court judge to authorize clerk of court to issue. Allows a circuit court judge to authorize the clerk of court to issue concealed handgun permits in instances where the application is complete, the background check does not indicate that the applicant is disqualified, and, after consulting with the local sheriff or police department, there are no other questions or issues surrounding the application. No action taken.
H.B. 1209 Machine guns; Superintendent of VSP to be notified in writing of change of address Requires that the Superintendent of State Police be notified in writing of the change of address of the registrant or the change of the address of the permanent physical location of a machine gun. No action taken.
H.B. 1210 Carrying concealed handguns; judges. Allows a judge to carry a concealed handgun without a permit at all times. Currently, judges are authorized to carry a concealed handgun without a permit while in the discharge of their official duties. Subcommittee failed to recommend reporting (2-Y 3-N).
H.B. 1234 Criminal history record check; required to transfer firearm from firearms show vendor. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check. Subcommittee recommends passing by indefinitely by voice vote.
The full committee meets on Friday mornings at 9:00 AM. Last night's subcommittee action is not scheduled to be taken up at this morning's meeting. The committee convened at 8:30 to interview Secretary of Public Safety Marla Decker and Terrie Suit, Assistant to the Governor for Commonwealth Preparedness. It is expected that full committee action will take place at next week's meeting. Now is the time to contact committee members and urge them to support the pro-rights bills that were recommended for reporting to the full House.
Thursday, January 28, 2010
Long Gun Bill Agenda for Militia and Police Subcommittee 1
The House Militia, Police and Public Safety Subcommittee #1 will meet this evening at 05:00 PM and it will be a long meeting if they get to every bill on the posted agenda. There is no guarantee they will get to them all but below is a list of some of the more notable bills on the list:
H.B. 8 Concealed handgun permits; renewal by mail.
H.B. 26 Concealed handgun permit; documentation and information provided by applicant. Clarifies that the clerk of court accepting a concealed handgun permit application shall not require the applicant to provide any documentation or information not required by § 18.2-308 or by the application form prescribed by the Department of State Police.
H.B. 52 Concealed handgun permit; failure to produce upon demand of a law-enforcement.
Failure to carry concealed handgun permit. Provides that failure to produce, upon demand of a law-enforcement officer, a concealed handgun permit and a government-issued photo identification while carrying a concealed handgun is punishable by a $25 civil penalty. A court may waive this penalty if the person presents a valid concealed handgun permit and government-issued photo identification to the court.
H.B. 79 Concealed handgun permits; prohibits clerk of court from providing public access to applications. Prohibits a clerk of court from providing public access to concealed handgun permit applications and information regarding identifiable permittees without the written consent of the applicant or permittee. The applications and information would be available to law-enforcement agencies, and the clerk of court would be authorized to release aggregate information that does not identify individual applicants or permittees.
H.B. 108 Firearms; disposition of those acquired by localities. Provides that no locality may participate in any program in which individuals are given a thing of value in exchange for surrendering a firearm to the locality unless the governing body of the locality has enacted an ordinance authorizing the participation of the locality. The ordinance shall require that such firearms shall be sold by public auction or sealed bids to a person licensed as a dealer or be disposed of in any other appropriate manner.
H.B. 109 Firearms; destruction of certain records by clerk of circuit court. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a record keeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records.
H.B. 171 Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may prohibit a person who lawfully possesses a firearm from storing that firearm in a locked motor vehicle. The bill provides civil immunity for such persons, property owners, tenants, employers, or business owners. The provisions of the bill would not apply to possession of firearms on school property, nor would the provisions apply to vehicles owned or leased by an employer or business and used by an employee in the course of his employment.
H.B. 870 Concealed handgun permit; removes option for locality to require applicant to submit fingerprints.
H.B. 871 Concealed handgun permit applications; right to ore tenus hearing. Clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus hearing if the permit is denied as a person who has previously held a concealed handgun permit.
H.B. 879 Firearms; locality may adopt an ordinance that prohibits thereof in libraries. Provides that a locality may adopt an ordinance that prohibits firearms, ammunition, or components or combination thereof in libraries owned or operated by the locality.
H.B. 885 Concealed weapons; person may carry a handgun in a motor vehicle or boat if secured in compartment. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is secured in a container or compartment.
H.B. 995 Firearms; purchaser may present military identification card or concealed handgun permit. Allows a prospective purchaser to present a current or retired military identification card or a concealed handgun permit in order to establish citizenship or lawful admission for permanent residence in order to purchase an assault firearm.
H.B. 1191 Concealed handgun permits; allows circuit court judge to authorize clerk of court to issue. Allows a circuit court judge to authorize the clerk of court to issue concealed handgun permits in instances where the application is complete, the background check does not indicate that the applicant is disqualified, and, after consulting with the local sheriff or police department, there are no other questions or issues surrounding the application.
H.B. 1209 Machine guns; Superintendent of VSP to be notified in writing of change of address Requires that the Superintendent of State Police be notified in writing of the change of address of the registrant or the change of the address of the permanent physical location of a machine gun.
H.B. 1234 Criminal history record check; required to transfer firearm from firearms show vendor. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check.
These are just the important ones. This does not include the ones on which VSSA is neutral (i.e. bills that allow retired law enforcement to purchase their service firearms, etc). It is going to be a long night.
H.B. 8 Concealed handgun permits; renewal by mail.
H.B. 26 Concealed handgun permit; documentation and information provided by applicant. Clarifies that the clerk of court accepting a concealed handgun permit application shall not require the applicant to provide any documentation or information not required by § 18.2-308 or by the application form prescribed by the Department of State Police.
H.B. 52 Concealed handgun permit; failure to produce upon demand of a law-enforcement.
Failure to carry concealed handgun permit. Provides that failure to produce, upon demand of a law-enforcement officer, a concealed handgun permit and a government-issued photo identification while carrying a concealed handgun is punishable by a $25 civil penalty. A court may waive this penalty if the person presents a valid concealed handgun permit and government-issued photo identification to the court.
H.B. 79 Concealed handgun permits; prohibits clerk of court from providing public access to applications. Prohibits a clerk of court from providing public access to concealed handgun permit applications and information regarding identifiable permittees without the written consent of the applicant or permittee. The applications and information would be available to law-enforcement agencies, and the clerk of court would be authorized to release aggregate information that does not identify individual applicants or permittees.
H.B. 108 Firearms; disposition of those acquired by localities. Provides that no locality may participate in any program in which individuals are given a thing of value in exchange for surrendering a firearm to the locality unless the governing body of the locality has enacted an ordinance authorizing the participation of the locality. The ordinance shall require that such firearms shall be sold by public auction or sealed bids to a person licensed as a dealer or be disposed of in any other appropriate manner.
H.B. 109 Firearms; destruction of certain records by clerk of circuit court. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a record keeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records.
H.B. 171 Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may prohibit a person who lawfully possesses a firearm from storing that firearm in a locked motor vehicle. The bill provides civil immunity for such persons, property owners, tenants, employers, or business owners. The provisions of the bill would not apply to possession of firearms on school property, nor would the provisions apply to vehicles owned or leased by an employer or business and used by an employee in the course of his employment.
H.B. 870 Concealed handgun permit; removes option for locality to require applicant to submit fingerprints.
H.B. 871 Concealed handgun permit applications; right to ore tenus hearing. Clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus hearing if the permit is denied as a person who has previously held a concealed handgun permit.
H.B. 879 Firearms; locality may adopt an ordinance that prohibits thereof in libraries. Provides that a locality may adopt an ordinance that prohibits firearms, ammunition, or components or combination thereof in libraries owned or operated by the locality.
H.B. 885 Concealed weapons; person may carry a handgun in a motor vehicle or boat if secured in compartment. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is secured in a container or compartment.
H.B. 995 Firearms; purchaser may present military identification card or concealed handgun permit. Allows a prospective purchaser to present a current or retired military identification card or a concealed handgun permit in order to establish citizenship or lawful admission for permanent residence in order to purchase an assault firearm.
H.B. 1191 Concealed handgun permits; allows circuit court judge to authorize clerk of court to issue. Allows a circuit court judge to authorize the clerk of court to issue concealed handgun permits in instances where the application is complete, the background check does not indicate that the applicant is disqualified, and, after consulting with the local sheriff or police department, there are no other questions or issues surrounding the application.
H.B. 1209 Machine guns; Superintendent of VSP to be notified in writing of change of address Requires that the Superintendent of State Police be notified in writing of the change of address of the registrant or the change of the address of the permanent physical location of a machine gun.
H.B. 1234 Criminal history record check; required to transfer firearm from firearms show vendor. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check.
These are just the important ones. This does not include the ones on which VSSA is neutral (i.e. bills that allow retired law enforcement to purchase their service firearms, etc). It is going to be a long night.
Friday, February 20, 2009
Bills Reported from Militia and Police This Morning
The following action was taken in the House Militia, Police, and Public Safety Committee this morning.
SB 877 - Allows retired law-enforcement officers who are qualified under federal law to carry concealed firearms to carry a concealed handgun into a restaurant that serves alcohol. Reported 20Y-2N
SB 1035 - Repeal of the Restaurant Ban for concealed carry. Reported with amendment (removed the requirement to notify a member of the restaurant staff that you are carrying concealed) 17-Y 5-N
SB 1166 - Firearms purchase tax increase bill - Tabled in subcommittee 2/19 on a voice vote - no action in full committee this morning.
SB 1383 - Repeals the provision that makes it a Class 6 felony to possess a firearm muffler or silencer that is not registered in the National Firearms Registration and Transfer Record. Federal penalties would still apply. Reported 22Y-0N
SB 1528 - Bill making it clear that the training required for the concealed handgun permit may be done electronically. Reported 22Y-0N
SB 1254 - Senator Marsh's bill making changes to the procedures governing the application for a concealed handgun permit and the carrying of a concealed handgun in the Commonwealth. Reported from Militia, Police and Public Safety Committee 22Y-0N and referred to House Committee on Courts of Justice
SB 877 - Allows retired law-enforcement officers who are qualified under federal law to carry concealed firearms to carry a concealed handgun into a restaurant that serves alcohol. Reported 20Y-2N
SB 1035 - Repeal of the Restaurant Ban for concealed carry. Reported with amendment (removed the requirement to notify a member of the restaurant staff that you are carrying concealed) 17-Y 5-N
SB 1166 - Firearms purchase tax increase bill - Tabled in subcommittee 2/19 on a voice vote - no action in full committee this morning.
SB 1383 - Repeals the provision that makes it a Class 6 felony to possess a firearm muffler or silencer that is not registered in the National Firearms Registration and Transfer Record. Federal penalties would still apply. Reported 22Y-0N
SB 1528 - Bill making it clear that the training required for the concealed handgun permit may be done electronically. Reported 22Y-0N
SB 1254 - Senator Marsh's bill making changes to the procedures governing the application for a concealed handgun permit and the carrying of a concealed handgun in the Commonwealth. Reported from Militia, Police and Public Safety Committee 22Y-0N and referred to House Committee on Courts of Justice
Thursday, January 29, 2009
Militia and Police Subcommittee 1 Action Tonight
The Militia, Police and Public Safety Subcommittee #1 met at 5:00 PM and was very busy. The following bills were acted on and could be heard in the full committee Friday.
HB 1655, Delegate Carrico's bill that requires localities to pay legal fees when sued for violating Virginia's pre-emption statute. Passed out of subcommittee.
HB 1748, Delegate Pogge's bill that would clarify that a permit holder that has an expired permit does not have to be re-fingerprinted when renewing his or her CHP. The bill was withdrawn by the patron because the State Police objected to the bill. Note - this is why we need a pro-gun Governor so he can appoint a pro-gun State Police Superintendent
HB 1851, Delegate Lingamfelter's bill that allows active duty military to be exempt from Virginia's one handgun a month law. Passed out of subcommittee.
HB 1910, Delegate BaCote's bill to bann firearms in public libraries. Committee voted no on recommending reporting the bill.
HB 2144, Delegate Nutter 's bill to codify the attorney general's opinion provided to the State Police regarding desimination of the CHP list. Reported to the full committee.
HB 2178, Delegate Ed Scott's bill making possession of ammunition by a felon a felony. Committee voted no on recommending reporting the bill.
HB 2227, Delegate Marsden's bill making it illegal to carry a concealed airgun if it can expel a projectile at over 300 feet per second. Committee voted no on recommending reporting the bill!
HB 2318, Delegate Morrissey's bill creating a whole new class of FFLs by making it a requirement that anyone selling 3 or more firearms at a gun show have a Federal Firearms License. Committee voted no on recommending reporting the bill!
HB 2481, Delegate Ward's bill requiring anyone who legally owns a machine gun to file a change of address with the State Police if they move. Committee voted no on recommending reporting the bill.
HB 2528, Delegate Cole's bill requiring localities that want to hold compensated conficastion events ("gun buybacks") to pass an ordinance that allows them to hold the event, plus the bill requires that sell such guns to a dealer. Passed by the subcommittee.
HB 1655, Delegate Carrico's bill that requires localities to pay legal fees when sued for violating Virginia's pre-emption statute. Passed out of subcommittee.
HB 1748, Delegate Pogge's bill that would clarify that a permit holder that has an expired permit does not have to be re-fingerprinted when renewing his or her CHP. The bill was withdrawn by the patron because the State Police objected to the bill. Note - this is why we need a pro-gun Governor so he can appoint a pro-gun State Police Superintendent
HB 1851, Delegate Lingamfelter's bill that allows active duty military to be exempt from Virginia's one handgun a month law. Passed out of subcommittee.
HB 1910, Delegate BaCote's bill to bann firearms in public libraries. Committee voted no on recommending reporting the bill.
HB 2144, Delegate Nutter 's bill to codify the attorney general's opinion provided to the State Police regarding desimination of the CHP list. Reported to the full committee.
HB 2178, Delegate Ed Scott's bill making possession of ammunition by a felon a felony. Committee voted no on recommending reporting the bill.
HB 2227, Delegate Marsden's bill making it illegal to carry a concealed airgun if it can expel a projectile at over 300 feet per second. Committee voted no on recommending reporting the bill!
HB 2318, Delegate Morrissey's bill creating a whole new class of FFLs by making it a requirement that anyone selling 3 or more firearms at a gun show have a Federal Firearms License. Committee voted no on recommending reporting the bill!
HB 2481, Delegate Ward's bill requiring anyone who legally owns a machine gun to file a change of address with the State Police if they move. Committee voted no on recommending reporting the bill.
HB 2528, Delegate Cole's bill requiring localities that want to hold compensated conficastion events ("gun buybacks") to pass an ordinance that allows them to hold the event, plus the bill requires that sell such guns to a dealer. Passed by the subcommittee.
Thursday, January 22, 2009
One Firearm Bill on Committee Docket Friday
The House Militia Police and Public Safety Committee meets Friday morning at 9:00 AM. The only firearm bill currently on the docket is H.B. 2042. This bill allows retiring law-enforcement officers of the State Lottery Department to purchase their service firearm for $1.00.
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