"Celebratory Gunfire" Drama to End the General Assembly

The two bills that were introduced to address the issue of so-called "Celebratory Gunfire" have made their way to the final week of the General Assembly and are set to cause a little drama.  Both House Bill 810 and SB 65.made it out of their respective houses of the General Assembly. HB 810 was changed to a malicious wounding bill, while SB 65 also amended, but remained bill creating a crime called "celebratory gunfire".  So, when HB 810 came up last week in Senate Courts, the Democratic majority, led by Richmond State Senator Don McEachin made a motion to change the bill back to the form of the "celebratory gunfire" bill as SB65 left the Senate.  The House rejected the changes so HB810 is likely headed to conference.  Today, SB65 was amended in House Courts of Justice Criminal Law Subcommittee to the version that HB810 passed the House.  The Senate is likely to follow the House action and reject the amendment, setting up a conference on that bill as well.  So, we may yet see the death of both bills, something that could not be achieved in committee for two bills as introduced, that would have been unenforceable (as evidenced by the fact they still have not identified the culprit of the incident that tragically killed a 9 year-old boy last July 4th - the child that the sponsor of SB 65 has named his bill after).

Senate Courts Special Subcommittee Action Today

The Senate Courts Special Subcommittee reported five bills to the full committee today and recommended to Pass By Indefinitely (PBI) the rest. Below is the action taken on each bill.

H.B. 49. PBI
Purchase of handguns; repeal one-gun-a-month limitation. Repeals the prohibition against purchasing more than one handgun in a 30-day period.

H.B. 52 PBI
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. The bill also introduces an affirmative defense, of having a valid concealed handgun permit, to a charge of violating the concealed weapons statute.

H.B. 69 PBI
Firearms, firearms accessories, and ammunition manufactured and retained in Virginia. Declares that firearms, firearm accessories, and ammunition that are manufactured commercially or privately in Virginia, and that remain within the borders of Virginia, shall not be subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. This bill incorporates HB 886.

H.B. 79. PBI
Concealed handgun permits; access to applications and permittee information. 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 PBI
Disposition of firearms. 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.

H.B. 109 Reported to full Committee
Certain firearms taxes; destruction of records. 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 PBI
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 property on which a person is prohibited from possessing a firearm; (ii) vehicles on property (a) to which access is restricted or limited through the use of a gate; or (b) upon which a building occupied by a single employer and its affiliated entities is located and in which access to the building is restricted or limited by card access; (iii) vehicles owned or leased by an employer or business entity and used by an employee in the course of his employment; (iv) personal vehicles while such vehicles are being used for the transport of consumers of programs licensed by the Department of Behavioral Health and Developmental Services; or (v) vehicles on property controlled by an employer required to develop and implement a security plan under federal law or regulation.

H.B. 236 PBI
Shooting firearms in certain areas. Makes a locality no longer able to prohibit hunting generally within a half-mile radius of a subdivision, but a locality would still be able to prohibit hunting within a subdivision.

H.B. 490 PBI
Development of plan for the issuance of a lifetime concealed handgun permit. 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. 505 Reported as amended
Concealed handguns; restaurants. Prohibits a person, other than a federal, state, or local law-enforcement officer or a qualified retired law-enforcement officer, who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises.

H.B. 885 Reported as amended
Possession of concealed weapons. 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. 1070 PBI
Carrying of concealed handguns in emergency shelters. 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. 1092 Reported
Carrying concealed handguns; retired law-enforcement officers. States that a retired law-enforcement officer who receives proof of consultation and favorable review to carry a concealed handgun without a concealed handgun permit is authorized to carry a concealed handgun in the same manner as a law-enforcement officer authorized to carry a concealed handgun.

H.B. 1191 Reported
Issuance of concealed handgun permits; clerk of court. 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. The bill further provides that the court clerk is immune from suit arising from any acts or omissions relating to the issuance of concealed handgun permits without judicial review unless the clerk was grossly negligent or engaged in willful misconduct. This bill is not to be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law, or to affect any cause of action accruing prior to July 1, 2010

Lynchburg Paper Gets it Wrong on Gun Shows

The Lycnhburg News and Advance today published an editorial titled Time Has Come to Close Gun Show Loophole. Reading the editorial is like reading Brady Campaign Talking Points. Can you find them?

Those shows amount to open-air bazaars where licensed gun dealers set up their booths next to tables presided over by private gun dealers. The difference between the two? State and federal laws require the licensed gun dealer to run a background check on those who purchase their wares to ensure that they are not convicted felons or have a record of mental illness. The private gun dealer does not have to run such a background check.

If you said the first and last sentence, you would be correct. Note the terms "open-air basaars" and "private gun dealer." These are staples of the gun ban lobby's lingo and both are false.

Here is another one:

Why is closing the loophole even important? Because the gun shows provide access to weapons for convicted felons and those with a history of mental illness that they would not otherwise be allowed to buy.

Several federal studies have shown that gun shows are not a source of guns for criminals. One would think the paper's fact checkers would at least to a little homework before using such tired rhetoric. But it gets worse - they now add the Brady talking point about the Virginia Tech shooting.

The issue has arisen several times in the aftermath of the Virginia Tech massacre in April 2007. Seung-Hui Cho, who killed 32 people before turning a gun on himself, was able to pass a weapons background check and buy two guns from a licensed dealer despite having been deemed mentally defective by a Virginia court.

...But even if that order had been in place before the Virginia Tech shootings, it would not have prevented Cho from acquiring guns by other means that require no background checks.

First, the reason Cho passed the background check is because the court screwed up. Because of the error, his name was not added to the list of prohibited buyers. Making the stretch that he would have then turned to gun shows is almost comical given we know that he shunned contact with people. Second, if we follow the logic of the gun ban lobby, that gun shows are made up of tables upon tables of "unlicensed dealers" selling their wares, you would have to believe that Cho would have walked up to a table not knowing whether the table was operated by an FFL or a private individual, specifically ask if he had to undergo a background check and then make a purchase. If he had the misfortune of walking up to an FFL and asked the question, it would likely have raised red flags for the dealer.

Gun owners need to call their legislators and urge them to oppose Senator Marsh's bill (SB1257). You can find contact information here.

Call Members of Senate Courts of Justice Today

Two gun related bills are waiting to be considered in the Senate Courts of Justice Committee Today!

The first bill, SB 1166, is in the the Criminal Sub-Committee of the Senate Courts of Justice. IT is sponsored by State Senator John Watkins (R-10 Chesterfield), this bill would increase the gun tax charged by the Virginia State Police to run a NICS check from $2 to $5, a 150% increase for Virginia residents. For non-state residents, the legislation mandates an increase of 60%, from $5 to $8.

Please contact the members of the Senate Courts of Justice Committee Criminal Sub-Committee TODAY and respectfully tell them that the state budget should not be balanced on the back of gun owners and request them to oppose this tax increase on the Second Amendment rights of Virginia’s law-abiding gun owners. Contact information can be found below.


State Senator Roscoe Reynolds (D-20)
(804) 698-7520
district20@senate.virginia.gov

State Senator Richard Saslaw (D-35)
(804) 698-7535
district35@senate.virginia.gov

State Senator Kenneth Stolle (R-8)
(804) 698-7508
district08@senate.virginia.gov

State Senator Thomas Norment, Jr. (R-3)
(804) 698-7503
district03@senate.virginia.gov

State Senator Janet Howell (D-32)
(804) 698-7532
district32@senate.virginia.gov

State Senator Ryan McDougle (R-4)
(804) 698-7504
district04@senate.virginia.gov

State Senator Robert Hurt (R-19)
(804) 698-7519
district19@senate.virginia.gov

Also waiting to be considered is Senator Henry Marsh's attack on gun shows. Senate Bill 1257 would require that all firearms transactions that take place at gun shows be subject to background checks, require gun show promoters to register all vendors (private citizens as well as licensed dealers), and maintain that registry for four years following the date of the gun show.

This bill could be considered any time and it is important that law-abiding gun owners stand-up and make their voices heard. Please contact the following State Senators and respectfully encourage them to defeat SB 1257. Also, thank them for their strong support of law-abiding gun owners.

State Senator Creigh Deeds (D-25)
(804) 698-7525
district25@sov.state.va.us

State Senator John Edwards (D-21)
(804) 698-7521
district21@sov.state.va.us

State Senator Roscoe Reynolds (D-20)
(804) 698-7520
district20@sov.state.va.us

State Senator Thomas Norment (R-3)
(804) 698-7503
district03@sov.state.va.us

State Senator Frederick Quayle (R-13)
(804) 698-7513
district13@sov.state.va.us

State Senator Kenneth Stolle (R-8)
(804) 698-7508
vasenate08@kenstolle.com

State Senator Robert Hurt (R-19)
(804) 698-7519
district19@senate.virginia.gov

State Senator Ryan McDougle
(R-4) (804) 698-7504
district04@senate.virginia.gov

State Senator Mark D. Obenshain
(R-26) (804) 698-7526
district26@senate.virginia.gov

Gun Show Loophole Dies in House of Delegates - Senate Version to be Heard on January 21

The General Assembly is in full swing and the last day to introduce bills has now passed. VSSA is still compiling a complete list for the tracking form but there is a bill that needs the immediate attention of all Virginia gun owners. While the House of Delegates Militia, Police and Public Safety Committee defeated the House versions of the so-called "gun show loophole" bills on Friday, January 18th, as expected, the Senate Courts of Justice Committee will hear the Senate version (SB 109) of the bill on Monday, January 21st at 8:30 AM. Gun owners should contact the following members of the committee and ask them to vote no on reporting the bill out of committee.

Senator Kenneth W. Stolle - (804) 698-7508 - district08@sov.state.va.us
Senator Frederick M. Quayle - (804) 698-7513 - district13@sov.state.va.us
Senator Thomas K. Norment, Jr. - (804) 698-7503 - district03@sov.state.va.us
Senator John S. Edwards - (804) 698-7521 - district21@sov.state.va.us
Senator W. Roscoe Reynolds - (804) 698-7520 - district20@sov.state.va.us
Senator Ken T. Cuccinelli, II - (804) 698-7537 - district37@sov.state.va.us
Senator Mark D. Obenshain - (804) 698-7526 - district26@sov.state.va.us
Senator Ryan T. McDougle - (804) 698-7504 - district04@sov.state.va.us
Senator R. Creigh Deeds - (804) 698-7525 - district25@sov.state.va.us
Senator Robert Hurt - (804) 698-7519 - district19@sov.state.va.us

The Senate Courts of Justice Committee is chaired by anti-gun Senator Henry Marsh (D-Richmond). Marsh is also the sponsor of SB 109 . While phone contact is always the best, email will work as well. Anti-gun groups are trying to use last April's Virginia Tech shootings as the reason for closing the non-existent "gun show loophole. Politely remind the Senators that gun shows played no role in the tragic shootings at Virginia Tech and that three separate studies by the Department of Justice have found that gun shows are not a source of firearms for criminal. Anti-gun Governor Tim Kaine was quoted in the Saturday edition of the Richmond Times Dispatch as saying the Marsh bill is his chosen vehicle for getting this legislation enacted. That is why it is important for you to act today and let the Senators know you oppose the bill.