2A Groups, State AGs Ask Scotus to Take Magazine Ban Case

 Cam Edwards over at BearingArms.com has the story.

More than half of the attorneys general in the United States are adding their support to a lawsuit challenging Washington State's ban on "large capacity" magazines that can hold more than ten rounds, as well as the National Rifle Association, National Shooting Sports Foundation and the National Association for Gun Rights. 

Four separate amicus briefs from the various organizations and individuals have been filed with the Supreme Court ahead of the justices' consideration of Gator's Custom Guns, Inc. v. State of Washington, which is on appeal from the Washington Supreme Court. Earlier this year a majority of state Supreme Court justices ruled in favor of the state's ban on commonly-owned magazines that can hold more than ten rounds, holding that they're not even arms protected by the text of the Second Amendment. As the plaintiffs pointed out in their cert petition, the court's position would allow the state of Washington to ban detachable magazines altogether, rendering almost every semi-automatic handgun a single shot pistol at best. 

While all four of the amicus briefs hit on the idea that magazines are, in fact, bearable "arms" protected by the Second Amendment and that SCOTUS should grant cert in order to put a circuit court split on the issue to rest (with a ruling favorable to the plaintiffs, of course), they each come with a different approach. 

For Virginians, it is really important that the court take this case because a standard capacity magazine ban will be just one of the things the gun ban Demorcrats in the General Assembly will pass if they win this year's House and Governor's elections.  Let's hope the Court takes this case.

Legislative Update for February 16

We are now on the downhill side of the 2024 legislative session with the House and Senate now only considering bills from the other side.  This morning House Public Safety met at 8:00 AM and considered several Senate gun control bills with no public comment as all of the bills on the docket were either identical to or very similar to bills already passed by the House.  This really isn't unusual as they believe they heard all of the arguments during the first half of the session and there is a time crunch to finish the work before the session adjourns.  VSSA's focus now will be on the Governor's office as it is likely that gun ban bills that passed one house during the first half of the session are going to be passed by the other house.  The worst bills (it's almost hard to pick just one but these House and Senate companion bills rate at the top of the list) that are still moving are HB2 and SB2:

HB2/SB2, Introduced by Delegate Helmer and Senator Deeds would ban the purchase, possession, sale, transfer, transport, import, or manufacturing of "assault-style" weapons. It also prohibits a person who violates this from purchasing, possessing, or transporting a firearm for 3 years after the date of conviction. The legislation would also ban the sale of a "large capacity" ammunition feeding device and prohibits people younger than 21 from importing, selling, manufacturing, purchasing, possessing, transporting, or transferring a firearm. During debate on SB2, Senator Surovell argued that absolute rights do not exist - and that they all exist with some underlying restriction or regulation (ex. freedom of speech and hate speech); therefore the 2nd amendment should not be treated as an absolute right. The bill ultimately passed in the Senate on a party line vote and is now headed to the house (and HB2 is headed to the Senate) where both will most likely to pass as well.

The Governor will have to use his veto pen on them!

There was some small pieces of good news during the first half as a couple of really bad bills did not make it out of the house of origin before crossover.  A couple aren't completely dead as they were carried over to next year, but they are currently on life support.  Those bills are:

HB 270 - Sale, transfer, etc., of certain firearms and firearm magazines; Virginia Firearm Buy-Back Program and Fund established; penalties. This is an omnibus bills that includes semi-auto and magazine bans, waiting periods, and more.  This bill was carried over to 2025.

HB 319 - Firearms instructors and safety programs; National Rifle Association and United States Concealed Carry Association. This bill removes references to the National Rifle Association (the NRA) and the United States Concealed Carry Association from the Code that allow the organizations to certify ranges and instructors and for courses offered by them to serve as proof of demonstrated competence in firearms safety and training for the purpose of obtaining a concealed handgun permit or receiving training as a minor in the use of pneumatic guns.  This bill was carried over to to 2025 (HB 797 which does the same thing and also requires 10 rounds of live fire as part of the training did pass however).

HB 602 - Virginia Center for Firearm Violence Intervention and Prevention; Virginia Firearm Violence Intervention and Prevention Fund; creation; This bill creates a government agency, the Virginia Center for Firearm Violence and Prevention that would make grants to push gun control responses to crime involving firearms.  This bill was carried over to to 2025.

The below bills were defeated:

HB 113 - Possession, purchase, or transportation of handgun by persons convicted of certain drug offenses and operating a boat or vehicle while intoxicated prohibited; penalty. This bill would have taken away gun rights for misdemeanor drunk driving. 

HB 791 - Pneumatic guns; penalties. This bill would have made it  a Class 6 felony to possess a pneumatic gun ( BB gun or air rifle/air pistol).  It is interesting to note that this bill was reported out of Public Safety and referred to Appropriations.  Appropriations added language that changed the prohibitions for day care and private schools which only applies to when these schools are in session to a complete prohibition unless it is part of a program.  When it came up on first reading in the full house it was re-referred to Public Safety.  Because this was done the day before the last day to consider legislation in committee, it died because there was not time for both Public Safety and Appropriations to reconsider the bill.

You can see the complete list of bills that passed and have crossed over by clicking here.  VSSA will alert members when bills have passed both Houses and have been sent to the Governor so that you can contact Governor Youngkin and politely urge him to veto the bad bills.

Federal Legislation HR127 is Bad News

In days gone by, bills like HR127 didn't have a prayer of moving beyond an anti-rights controlled House of Representatives and was usually only fodder for some groups to use to raise money.  That was then.  Now the Senate is evenly divided with a Vice President Kamala Harris set to cast tie-breaking votes.  While two Democrats have said they won't vote to nuke the filibuster, which makes 60 votes necessary to move legislation, don't bet that Charles "Schmucky" Schumer won't exert pressure if he really wants something.  This is just the type of gun ban bill Schumer has been waiting for. 

In short, here is what HR127 would do, courtesy of the Firearms Policy Coalition:

Summary: Establishes a nationwide gun registry that is searchable by the general public, mandates licensing to own or possess a firearm and requires a psychological evaluation prior to obtaining such a license, and institutes magazine & gun bans.

Here is what Colion Noir said about the bill:

Contact you Representative and urge them to oppose HR127.

House of Delegates Subcommittee Shuts Down Northam Gun Control Legislation

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

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

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

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

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

Firearm Bills Start to Move in House of Delegates

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

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

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

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

HB140 Firearm transfers; criminal history record information checks, penalty.
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an estate or by the trustee of a testamentary trust, and temporary transfers that occur in the presence of the owner of the firearm or are necessary to prevent imminent death or serious bodily injury. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.

HB721 Firearm transfers; criminal history record information checks, penalty.
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an estate or by the trustee of a testamentary trust, and temporary transfers that (i) occur within the continuous presence of the owner of the firearm; (ii) are necessary to prevent imminent death or serious bodily injury; (iii) occur at a shooting range, shooting gallery, or other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (iv) are for the purpose of and while the transferee is engaged in hunting, trapping, or target shooting. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.

HB977 Firearm transfers; criminal history record information checks, penalty.
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an estate or by the trustee of a testamentary trust, and temporary transfers that occur in the presence of the owner of the firearm or are necessary to prevent imminent death or serious bodily injury. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.

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

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

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

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

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

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

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

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

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

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

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

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

Dudley Brown Shows His True Colors in Colorado

There is an individual who runs two groups, one state and one national, who fashions himself as the true champion of our rights.  In reality, he is a huckster who has never done anything constructive for the movement legislatively or electorally but takes self-promotion to new heights all in the name of raising money.  The individual's name is Dudley Brown and his groups are the Colorado group Rocky Mountain Gun Owners and the national group is National Association for Gun Rights.  You probably have seen his emails or fundraising efforts disguised as gun giveaways.

To show you just how dishonest this individual is, in 2013, at the height of the battle to defeat President Obama's gun control proposals, Brown came into Virginia attacking NRA "A" rated U.S. House Majority Leader Eric Cantor.  Brown sent our an email announcing a press conference to roll out a television ad against Cantor that claimed he was supporting Obama's gun control.  The email also invited pro-gun supporters to the event.  Unfortunately for Brown, no press showed up although a handful of gun rights supporters did attend.  Brown spoke briefly, showed the attack ad, introduced his staff (which out numbered those in attendance) and ended the event.  That afternoon, he sent a follow-up email complete with a photo that made it appear media representatives were asking questions.  In reality it was a staged photo using the staff that was taken after the event had ended and everyone else left.  Brown later claimed credit for the defeat of Cantor in the 2014 primary, though his little seen ad played absolutely no role in the race.

Now, Brown has turned his attention on someone who has impeccable pro-rights credentials, Dave Kopel.  Earlier this month, the Colorado legislature was trying to repeal the 15 round limit on ammunition magazines that was passed in 2013.  Last week, the battle came to a head.  This from the Colorado Springs Gazette editorial board:

Many leading Democrats, since passing the laws, have conceded they went too far.
"A lot of people, if they'd known how much commotion was going to come out of the high-capacity magazines would've, probably would've looked for something different, looked for a different approach," Hickenlooper told Colorado sheriffs in 2014.

More recently, Rep. Joe Salazar extended an olive branch to Second Amendment defenders. The most controversial of the gun laws forbids magazines that hold more than 15 rounds. As vice chairman of the powerful House Veterans and Military Affairs Committee — where the majority party typically kills minority bills — Salazar has committed to supporting a bill that would increase the limit to 30 rounds. It signifies a potential big victory for Republicans and gun rights in a House controlled by Democrats. It represents the kind of bipartisanship Colorado has seldom witnessed in the past decade.

The compromise would resolve 99 percent of concerns about the magazine ban.

Salazar's cooperative attitude has received applause from Colorado's most tireless and successful Second Amendment defenders. Among them is attorney David Kopel, who helped win D.C. v. Heller and McDonald v. Chicago in the U.S. Supreme Court — the most important gun-rights victories of the 21st century. Kopel represented Colorado sheriffs in a lawsuit that challenged Colorado's new gun laws. But in the view of Rocky Mountain Gun Owners, Kopel is a problem. The group is distributing an ad that features Kopel's photo and the words: "Oppose the Kopel Kompromise."

Moving the limit from 15 to 30 rounds would be considered a victory by most people as many rifle models come standard with magazines over 15 but less than or equal to 30.  But not Brown.  With people like him, it's all or nothing because that's how he can continue to raise money.

The Independence Institute, with which Kopel is affiliated, fired back.

In Virginia, we would not have passed the repeal of the restaurant ban if we had not compromised.  In the early days of the repeal effort, there were groups that wanted a straight repeal with no prohibition on consuming alcohol.  Those bills went nowhere.  They finally understood the only way to get the repeal was to include a prohibition on consuming alcohol.  The repeal finally passed, and was vetoed by Tim Kaine, but was finally signed by Bob McDonnell a couple years later.

People like Brown do more harm than they do good for our cause.  Thankfully, he has no influence in Virginia.

John Lott on Christie's Veto of NJ Magazine and Gun Ban Bill

John Lott had this op/ed over the weekend in The New Jersey Star-Ledger explaining that N.J. Governor Chris Christie's reasons for vetoing the magazine/gun ban bill were sound and on target:

But there is a reason that gun control supporters, such as Malloy, don’t provide evidence that Christie is factually in the wrong. There have been plenty of studies on assault weapon bans by criminologists and economists alike, but there isn’t any evidence that limiting magazine size helps fight crime.

Take the work of two criminology professors, Chris Koper and Jeff Roth. They were hired by the Clinton administration to evaluate the original assault weapons ban, which limited magazines to 10 bullets. They found: “the evidence is not strong enough for us to conclude that there was any meaningful effect (i.e., that the effect was different from zero).”

At the time, Koper and Roth suggested that after the ban had been in effect for more years, it might be possible to find a benefit. Seven years later, in 2004, they published a follow-up study for the National Institute of Justice with fellow criminologist Dan Woods that concluded, “we cannot clearly credit the ban with any of the nation’s recent drop in gun violence. And, indeed, there has been no discernible reduction in the lethality and injuriousness of gun violence.”

Even a bureau of the U.S. Department of Justice included Lott's article in their news clips for the day.

At least they don't completely dismiss the other side of the gun control debate as completely out of hand.

Governor Chris Christie Vetos Gun/Magazine Ban

I guess it's official, Christie plans to run for President.

ANJRPC has the story here:

"After months of intense battle over this misguided legislation that won't stop another crime or prevent another tragedy, we are grateful that Governor Christie has heard the voice of the outdoor community and ended the discussion,” said ANJRPC Executive Director Scott Bach. "The Governor clearly recognizes the difference between legislation that punishes violent criminals vs. legislation that targets the rights of law-abiding citizens.”

Congratulations to New Jersey gun owners.

Legislative Update

Gun owners have fared well so far in the two legislative committees that have heard firearm related bills.  The House Militia, Police, and Public Safety Committee has defeated bills that would have banned out of state residents from purchasing long guns, banned standard capacity ammunition magazines, required private sales to undergo background checks, and prohibited firearms from legislative buildings.

Senate Courts of Justice met yesterday and also defeated some bills related to background checks on private firearm sales.  Unfortunately, they also all but killed a bill that would have exempted concealed handgun permit (CHP) holders from background checks at the time of a firearm purchase - carrying the bill over to next year.  Typically, that is the way the legislature kills bills without having to taking a vote to do so.

Sunday Hunting cleared a major hurdle on Wednesday when HB1237 was reported out of committee on a vote of 12-10. The bill has never made it out of subcommittee in the past.  This year it was heard by the full committee.  HB1237 would allow Virginians to hunt on private property with the permission of the land owner, but would prohibit the use of dogs for deer and bear, and prohibit hunting within 200 yards of a House of Worship.  The bill moves to the full House and will likely be debated Friday or Monday.  VSSA knows that this issue divides the hunting community, but HB1237 is a good compromise that allows those who cannot hunt the other six days of the week due to work and family responsibilities, the opportunity to hunt if they have access to private land.

The good news is that gun control bills are still being defeated in both the State Senate and the House of Delegates.  We will have to wait to see if we can get good bills out of the State Senate and on Governor McAuliffe's desk.

The House Militia, Police and Public Safety Subcommittee #1 will take up two bills today - Lifetime CHPs and exemption from background checks at the time of a firearm purchase for CHP holders.  VSSA will give live results via Twitter.  You can also track the progress of legislation on the VSSA Legislative Tracking Form.

Why Morton Kondracke is Right and Wrong about Wayne LaPierre and Michael Bloomberg

Over the weekend, columnist Morton Kondracke wrote two posts on Roll Call's Pennsylvania Avenue blog, one titled  Why Wayne LaPierre is Right and Michael Bloomberg is Wrong, and the second was reversed, Why Michael Bloomberg is Right and Wayne LaPierre is Wrong.  When you get past the unnecessary name calling  in the first:

Wayne LaPierre and the National Rifle Association are obnoxious, paranoid and intimidationist...

And the second post:

The National Rifle Association is paranoid... 

Kondracke seems to find more to like about what Wayne LaPierre has said than Michael Bloomberg. From the post about why Wayne LaPierre is right:

Specifically, LaPierre was right to say that the best response to horrors like the Newtown school massacre would be to increase the presence of armed guards at schools. There already are armed guards and metal detectors at many inner-city schools prone to violence — not to mention, at airports, the U.S. Capitol and every other federal building in Washington. Why not at schools?

And this was Kondracke's most suprising (and refreshing) admission:

I’d go even further in LaPierre’s direction: Encourage every school to have at least one staff member (teacher, assistant principal or cop) who’s armed and trained to use a gun to respond to an attack. The guns should be well-secured, for sure, but it certainly would be a deterrent to a would-be killer to know he’s not hitting a completely “soft” target.

Kondracke is a moderate to liberal (though I would not call him a full fledged liberal) commentator.  The fact that he has stated LaPierre (and by extension the NRA) is right to suggest that school personnel should have the option of being armed is quite a move in our direction considering he is in favor of most of the gun control proposals floating around.

So let's take a look at that second post.  Even in that one, he found more common ground with the NRA than with Bloomberg.  For instance, citing columnist David Brooks:

“Past efforts to control guns have not dramatically reduced violence,” he added. “The Gun Control Act of 1968 and the Brady Act of 1993 and the Assault Weapons Ban of 1994 all failed to reduce homicides significantly.” He cited studies from the Centers for Disease Control and Prevention, Arizona State University and the University of Cincinnati.

Where he does agree with Bloomberg (other than on criminalizing private sales on firearms and ammunition magazine bans) was on the Mayor's controversial "Stop and Frisk" policy.  Citing Manhattan Institute Fellow Heather McDonald, he writes how the policy has saved the lives of minorities in New York, who make up the vast majority of homicides in the city.

If Kondracke really understood the issue, he would know that those magazines holding more than ten rounds are quite standard in a number of handgun models as well as a number of semi-automatic rifle models. As for those background checks on private sales - it's is not parinoid to oppose the creation of a national gun registry which Obama's DOJ says would be required to make it effective.  The only thing that a list is good for is to assist with collecting banned firearms, as it has been used for in states that have required registration of certain firearms, then later banned those very same firearms.

Obama Hoping Pivoting Back to Gun Control Will Help Slumping Poll Numbers

From The Hill:

“What the public wants to see right now is him achieving things, leading,” said Tad Devine, a former strategist to John Kerry and Al Gore. “For him, there's real opportunity on all these fronts, and… realistically in the next six months, he can have progress he can bring back to the American people.”

On gun control, Obama will travel the country to bolster the case for strengthening background checks on gun purchases. Obama is expected to play an active role in the looming Senate fight over what Sen. Charles Schumer (D-N.Y.) has described as the “sweet spot” of legislation.

If they are looking for him to "have progress" on gun control, he is facing long odds where it currently looks like the only placethere is any opportunity is expanding background checks.  Feinstein's gun ban is all but dead as is a ban on standard capacity magazines.  So-called "universal background checks" are on life support as Schumer has been unable to get a high profile pro-rights Republican senator to join him to bring on the necessary votes.  When the White House talks about gun control in response to press inquiries, you get responses like this:

"There actually is a lot of strong support for the proposals that the president has put forward, whether it's universal background checks, whether it is, you know, outlawing gun trafficking or straw purchasers," White House spokesman Josh Earnest said. "There's even some support out there in the public for the assault weapons ban."

Notice that the reference to the so-called "assault weapons ban" was almost an afterthought.

NRA Response to SOTU

The President had a shamesless politicization of victims as part of his State of the Union Address last night in his continuing efforts to push citizen disarmament.  The NRA had this response.

Bitter over on Shall Not Be Questioned also had some interesting notes on the Bing audience live ratings that allowed viewers to vote every five seconds during the SOTU.  The largest negative reaction of the speech?  When the President spoke about gun control.

Is NRA A Paper Tiger?

That's what Connecticut Democrat U.S. Senator Christopher Murphy told reporters in a telephone press conference covered by Roll Call earlier this week and he is not the first to make the claim.  Their reasoning is because the NRA spent so much money in 2012 and Obama won and several high profile U.S. Senate candidates lost, that the NRA's clout is overblown.

Murphy said his goal is to debunk “the continuing mythology about the power of the NRA” and to convince his colleagues on both sides of the aisle that “there is nothing to fear” from the NRA. He pointed to a Sunlight Foundation analysis showing that the NRA’s PAC spent more than $11 million in the 2012 elections but enjoyed a less than 1 percent return on its investment. Sunlight determined that many of the races in which the NRA spent the most money did not go its way.

I would assert that a number of factors played a role in Obama's victory, and we all know what sunk Todd Akin and Richard Murdock's campaigns.  The fact that Romney failed to turn out as many voters as McCain did in 2008 played a key role in his defeat.  And as Sebastian  over at Shall Not Be Questioned pointed out not long after the election, more than a few gun owners did not trust Romney and Obama largely ignored the gun issue with the exception of the one comment in a debate.

The most disgusting part is that people like Murphy and Mayors Against Illegal Guns (MAIG) view the Sandy Hook shooting in a political light, using it to advance a decade old agenda that has been gathering dust, waiting for just the right tragedy to be dusted off.  Murphy and Mark Glaze of MAIG said on the call that Newtown has spawned well financed new groups to counter the NRA and have changed the politics.  Really?  Look at all of the articles reporting on yesterday's Senate hearing and almost every single one notes that the only consensus seems to be focused on changes to background checks and that the chances for legislation targeting so-called "assault weapons" and ammunition magazines holding more than 10 rounds appear to be dimming.  Even the White House seems to just be mouthing support for such legislation.

George Washington University law and history professor Robert Cottrel commenting to Roll Call that reports of the NRA's demise are greatly exagerated:

“I would be very cautious” about dismissing the NRA, Cottrol said, noting that Democrats leveled similar charges before enacting an assault weapons ban two decades ago, only to see Republicans seize House control in 1994. “Because essentially we heard the same drumbeat in ’92, ’93 and ’94, and it turned out to be totally false.”

One final note, in the same post by Sebastion referenced above, he suggested that if the NRA's power really is waning, it is because gun owners have become complacent and are going back to sleep.  He's right. The NRA is not Wayne LaPierre and that glass building on Rt. 50 in Fairfax.  It's millions of gun owners, including both those who choose to pay dues, and those who support the fundamental right to keep and bear arms but for whatever reason don't stroke a check for dues.  If we don't get out and vote and work against those who would take away our rights, we lose. 

I think we can say that gun owners have been awakened.  NRA membership has increased by 250,000 new members based on a number of reports. Closer to home, VSSA's membership has increased 10% since the talk of new gun control began. When gun owners see a serious threat, they respond.

Tim Kaine Thinks Word "Nullify" is "Anti-Government Rhetoric"

Mark Levin shared this nugget on his program last night courtesy of CNN where Virginia's new junior senator Tim Kaine says that Kentucky Senator Rand Paul's use of the word "nullify" in describing what should be done by congress to respond to Obama's overreach of power with executive action.


Levin said "thank God" Kaine is just a "slip and fall lawyer" after demonstrating Kaine's knowledge of the Constitution is obviously limited. Unfortunately, before taking over Jim Webb's senate seat, Kaine was teaching law classes at the University of Richmond Law School.

There was a lot to dislike about Jim Webb, but he voted for our rights the few times he had the opportunity.  Sadly he abandon gun owners and supported an anti-rights candidate like Tim Kaine to take over his seat in the U.S. Senate.  Now we have both Kaine and Warner who will support the president's call to ban modern sporting rifles.

Results of Tonight's Militia, Police and Public Safety Subcommittee 1

A good night in tonight's subcommittee meeting. The results are below. The bills reported will be heard in full committee tomorrow morning.

H.B. 1326 Concealed handgun permits; firearms safety courses. Failed
Patron: Torian
Concealed handgun permit; firearms safety course. Eliminates certain firearms safety courses the completion of which currently satisfies the requirement that all resident and nonresident applicants for a concealed handgun permit demonstrate competence with a handgun. The bill also requires that certain firearms safety courses that satisfy this requirement focus primarily on the use and handling of a concealed handgun.

H.B. 1391 Possession of handguns in legislative buildings. Amended and referred to the Rules Committee.
Patron: Hope
Possession of weapons in state legislative buildings. Prohibits the possession of weapons in legislative buildings except by any person who lawfully possesses a handgun. The provisions of the bill would not apply to General Assembly members or staff or to any law-enforcement officer.

H.B. 1410 Firearms; possession of weapons following conviction of certain crimes, penalty. Passed by for the day.
Patron: Scott, J.M.
Possession of firearms following conviction of certain crimes; penalty. Prohibits any person who is convicted of stalking, sexual battery, or assault and battery of a family member that results in serious bodily injury from possessing, transporting, or carrying a firearm or any other weapon for a period of five years following his conviction. A violation would constitute a Class 6 felony. The bill also provides for the forfeiture of any weapon possessed, transported, or carried in violation of the prohibition. Finally, the bill provides for a process by which a violator may petition the circuit court for a reinstatement of his rights to possess, transport, or carry a weapon.

H.B. 1557 School boards; training for persons designated to carry concealed handguns on school property. Referred to the Governor's Task Force on School Safety.
Patron: Marshall, R.G.
School boards; employee firearms training. Requires every school board in the Commonwealth to designate at least one qualified person for every school in the district who, upon application with the school board, may carry a concealed handgun on school property. The bill requires all designated persons, including certain school division employees, certain school volunteers who carry valid concealed handgun permits, and certain retired law-enforcement officers, to be certified and trained by the Virginia Center for School Safety or the National Rifle Association in the storage, use, and handling of a concealed handgun. The bill also outlines the training requirements for designated persons as designed by the Department of Criminal Justice Services.

H.B. 1662 Libraries; locality to adopt an ordinance that prohibits firearms, ammunition, etc. in. Failed
Patron: BaCote
Control of firearms; libraries owned or operated by localities. Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components, or a combination thereof, in libraries owned or operated by the locality.

H.B. 1679 Concealed handgun permit; exception retired investigator of security division of Lottery Department. Recommend for reporting.
Patron: O'Quinn
Concealed handgun permit; retired investigator of the State Lottery Department; exception. Provides an exception for a concealed handgun permit for a qualifying retired investigator of the security division of the State Lottery Department. The bill contains technical amendments.

H.B. 1693 Firearms; removes specific exception for possession on public school property, penalty. Failed
Patron: Kory
Possession of firearm on public school property; penalty. Removes the specific exception for a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade of three inches or longer, in or upon a motor vehicle located at any elementary, middle, or high school or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle located at any elementary, middle, or high school from the list of exceptions for possessing a weapon on school property, which when violated is a Class 6 felony.

H.B. 2025 Firearms; requires background check for any purchase. Failed
Patron: Hope
Sale of firearms; penalty. Requires a background check for any firearm purchase and requires the Department of State Police to establish a process for sellers to obtain such a check from licensed firearm dealers. A seller who fails to obtain such a check and sells the gun to any other person is guilty of a Class 1 misdemeanor.

H.B. 2207 Sale, transfer, etc., of certain firearms and firearms magazines; penalty. Failed
Patron: Morrissey
Sale, transfer, etc., of certain firearms and firearms magazines; penalty. Provides that a person who imports, sells, barters, or transfers an assault firearm is guilty of a Class 6 felony. The bill also provides that a person who imports, sells, barters, or transfers a firearms magazine that is designed to hold more than 20 rounds of ammunition is guilty of a Class 1 misdemeanor. Finally, the bill provides an exception from both penalties for law-enforcement officers and military personnel.

In Typical Joe Morrissey Fashion, Delegate Brings Rifle Onto House Floor

The Richmond Times Dispatch reports that during today's floor session of the House of Delegates, Richmond Delegate Joe Morrissey brought a semi-auto rifle to use as a prop during the Morning Hour
speeches.

Morrissey is no stranger to controversey and theatrics having lost his law license in 2003 for beating another individual.  He previously served as Commonwealth Attorney for the City of Richmond.

Morrissey's bill banning modern sporting rifles and standard capacity magazines is on the docket of this afternoon's Militia Police and Public Safety Subcommittee #1.

Senate Courts to Take Up Firearm Related Bills

There is a busy morning scheduled for Senate Courts of Justice tomorrow morning.  The bills on the docket include:

S.B. 785

Patron: Marsden

Use of firearm in commission of crime; civil liability. This bill makes you civilly liable for injury if your firearm is stolen and used in a crime if you did not "adequately secure the firearm from theft or unauthorized possession."

S.B. 786

Patron: Marsden

Creates a $250 civil penalty for failing to report to law enforcement that a firearm you own has been lost or stolen.

S.B. 911

Patron: Howell

One of the annual "Gun Show Loophole" bill.  Adds a definition of "firearms show vendor" and requires that a background check be performed on the prospective transferee before the private seller 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 with access to licensed dealers who will conduct the criminal history record information check.

S.B. 965

Patron: Ebbin

Makes the victim of the crime of a stolen firearm a double victim by failing to report to law enforcement within 24 hours of the time you "should have known" that the firearm has been stolen.  You would be guilty of a Class 3 misdemeanor, and is guilty of a Class 1 misdemeanor for a second or subsequent violation. The bill also provides that a person who knowingly files a false report of a lost or stolen firearm is guilty of a Class 1 misdemeanor.

S.B. 1001

Patron: Marsh

Another so-called "gun show loophole" bill.  Adds a definition of "firearms show vendor" and requires that a background check be performed on the prospective transferee before the private seller may transfer firearms at a gun show. The bill also requires that the promoter of a firearms show provide vendors with access to licensed dealers who will conduct the criminal history record information check.

S.B. 1012

Patron: Ebbin

Possession of handguns in legislative buildings. Prohibits the possession of a firearm in Capitol Square, including the Capitol and other buildings predominantly used to conduct the business of the General Assembly. The Capitol Police are required to screen persons entering the Capitol or the General Assembly Building. The prohibition would not apply to members of the General Assembly or to law-enforcement officers.

S.B. 1136

Patron: McEachin

Senator McEachin's second attempt to bann all private transfers of firearms.  Creates a Class 2 misdemeanor for a person who is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer. The bill also creates a Class 2 misdemeanor for a person who is not a licensed dealer to buy, rent, trade, or transfer a firearm from any other person who is not a licensed dealer.

S.B. 1148

Patron: McEachin

Bans sale and transfer of standard capacity magazines.  Prohibits any person from selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 1 misdemeanor. The bill prohibits a person from carrying semi-automatic center-fire firearms with more than 10 rounds of ammunition in a public place; under existing law this prohibition applies only in certain localities and only to such firearms if the firearm holds more than 20 rounds of ammunition. The bill redefines "assault firearm" in the Code section that prohibits noncitizens and persons not lawfully admitted for permanent residence from possessing assault firearms and in the Code section that prohibits dealers from transferring an assault firearm to such persons by reducing the number of rounds of ammunition that the magazine will hold from more than 20 to more than 10. The rounds of ammunition are also reduced from more than 20 to more than 10 in the section that makes it unlawful for a person younger than 18 years of age to possess an assault firearm.

S.B. 1228

Patron: Saslaw

Repeals Virginia's pre-emption law.  Repeals provisions preventing localities from adopting ordinances and taking administrative actions regarding firearms and authorizes localities to adopt ordinances that prohibit firearms, ammunition, or components, or a combination thereof, on property owned or leased by a locality.

S.B. 1232

Patron: Ebbin

Requires all sales, including private firearms sale to undergo background checks.  Requires the Department of State Police to establish a process for sellers to obtain such a check from licensed firearm dealers. A seller who fails to obtain such a check and sells the gun to any other person is guilty of a Class 1 misdemeanor.

S.B. 1281

Patron: Deeds

Requires a background check for any firearm purchase and requires the Department of State Police to establish a process for sellers to obtain such a check from licensed firearm dealers. A seller who fails to obtain such a check and sells the gun to someone who is prohibited from possessing a firearm by state or federal law is guilty of a Class 6 felony.

Please contact the following members of the committee and urge them to oppose all of the above legislation:

Senator Norment,  Senator Edwards, Senator Obenshain , Senator McDougle, Senator Stuart,  Senator Vogel, Senator Stanley, Senator Reeves, and Senator Garrett.

VSSA's lobbying team has been working with legislators in both the House and the Senate to insure your rights are protected.  The Senate is of special importance as some members of the Courts Committee vote with us sometimes and not at other times.  Please contact them today and politely let them know that law abiding gun owners are the only people that would be affected by the above legislation and that none of the proposals would prevent crime.

It Begins Today

At 11:45 this morning, surrounded by children that the White House says sent letters asking for more gun control, Barack Obama is expected to unveil a list of measures that include a ban on so-called "assault weapons" and other restrictions that would not have stopped the shooting in Newtown last December.  In an article in online version of The Hill this morning, this add from Mayors Against Illegal Guns popped up on my screen.

Last night while watching Cam and Company on the Sportsman Channel, this NRA Ad aired:

You can embed this video from the NRAStand and Fight web site.

So, we begin a battle where Bloomberg will spend an unlimited amount of money to mislead the American people about commonly used firearms. It is up to us whether the NRA will be able to match Bloomberg and the Obama campaign apparatus, which will also be cranked up to persuade the American people. Are you in for the fight or will you stay on the sidelines and watch your rights be destroyed?

This is Why Every Gun Owner Must Call Their Legislator

This Washington Post article on the new campaign to change attitudes on firearms (or as AG Eric Holder might say - brainwash) is a perfect example of why every gun owner must call their congressman and U.S. Senators.  Not once, but at least once a week until we have won this battle:

A trial run for the burgeoning campaign came this week when the Coalition to Stop Gun Violence ran hard-hitting ads in North Dakota and Capitol Hill newspapers against Sen. Heidi Heitkamp (D-N.D.), who said Sunday that some of the gun measures Obama is considering are “extreme.” After the ads — which told Heitkamp “Shame on you” — the freshman senator’s office issued a statement opening the door to supporting some gun-control measures.

The other side is doing all they can to scare previously pro-rights legislators into betraying our rights.  They will not stop.  Will you counter them now and call your congressman and senators today?