Thursday, January 26, 2012
Busy Day in Senate Courts Wednesday, Militia and Police Subcommittee Up Next
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.
Thursday, January 28, 2010
Long Gun Bill Agenda for Militia and Police Subcommittee 1
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.
Wednesday, January 27, 2010
Senate Local Courts Defeats Attack on Preemption
Please contact the following members of the Senate Local Government Committee and thank them for defeating SB268.
State Senator Emmett W. Hanger, Jr. (R-24)
(804) 698-7524
mailto:district24@senate.virginia.gov
State Senator Mark R. Herring (D-33)
(804) 698-7533
mailto:district33@senate.virginia.gov
State Senator Stephen H. Martin (R-11)
(804) 698-7511
mailto:district11@senate.virginia.gov
State Senator Mark D. Obenshain (R-26)
(804) 698-7526
mailto:district26@senate.virginia.gov
State Senator Frederick M. Quayle (R-13)
(804) 698-7513
mailto:district13@senate.virginia.gov
State Senator Wm. Roscoe Reynolds (D-20)
(804) 698-7520
mailto:district20@senate.virginia.gov
State Senator Frank M. Ruff, Jr. (R-15)
(804) 698-7515
mailto:district15@senate.virginia.gov%20
State Senator Ralph K. Smith (R-22)
(804) 698-7522
mailto:district22@senate.virginia.gov
State Senator Richard H. Stuart (R-28)
(804) 698-7528
district28@senate.virginia.gov
Saturday, January 12, 2008
A Busy Week at the General Assembly
Leading the attacks on gun owners is newly-appointed Senate Courts of Justice Committee Chairman Senator Henry Marsh (D-16 - Richmond), who has once again offered a bill (Senate Bill 109) that mandating background checks on all firearms transactions that take place at gun shows. Despite the mounds of evidence showing that lawful gun shows are not a source of guns for criminals, Sen. Marsh is intent on closing a “loophole” that simply does not exist. Not unexpectedly, anti-gun Governor Tim Kaine (D) has also chosen to place politics above sound public policy and individual rights by championing the attack on gun shows. In fact, during his State of the Commonwealth speech on Wednesday, January 9, Gov. Kaine called upon the General Assembly to send him legislation aimed at restricting lawful private transactions of firearms.
Other anti-gun bills introduced so far are:Senate Bill 32 and Senate Bill 33, both offered by Senator Mamie Locke (D-2), would attempt to gut Virginia’s preemption statute and create a patchwork of firearm regulations across the Commonwealth;
Senate Bill 300, introduced by Senator Mary Margaret Whipple (D-31), would weaken the preemption statute by allowing local governments to prohibit firearms in public facilities;
House Bill 1277, offered by Delegate Lionell Spruill (D-77), and would make it illegal for citizens to possess firearms anywhere on Capitol Square;
House Bill 899, by Delegate Jim Scott (D-53), would replicate California’s ammunition microstamping scheme.
On the other hand, numerous pro-Second Amendment measures have been offered as well, including:
House Bill 1175, by Delegate Scott Lingamfelter (R-31), would create an “Apprentice Hunting” license for both resident and non-resident hunters;
House Bill 710, offered by Delegate Bill Janis, is a "Castle Doctrine" proposal that provides protections against civil action for those defending their homes;
House Bill 1292, by Delegate Cliff Athey (R-18) and Senate Bill 436 by Senator Jill Vogel (R-27), would allow a person to have a concealed handgun in a vehicle, provided that handgun is stored in a locked container or compartment;
Senate Bill 476, introduced by Senator Emmett Hanger (R-24), would repeal the prohibition on lawful concealed carry in a restaurant, provided the carry permit holder does not consume alcohol;
House Bill 1371, offered by Delegate Todd Gilbert (R-15), would allow concealed carry permit holders to can carry on public and state property, excluding mental health and correctional facilities; and
Senate Bill 332, by Senator Ken Cuccinelli (R-37), would prohibit the release of a concealed carry permit holder’s personal information if requested by the applicant. Additional legislation may be filed until the January 18 deadline, and we will continue to keep you informed of any new firearms-related measures.
In the meantime, please contact your Delegate and Senator and strongly encourage them to defend our Second Amendment rights by supporting all the pro-gun bills referenced above, and to stand up for Virginia’s law-abiding gun owners by firmly opposing the numerous anti-gun attacks being proposed in the General Assembly. You can find out who your Delegate and Senator is by going to http://conview.state.va.us/whosmy.nsf/main?openform and complete the search form.
You can also keep up with the progress of the gun related bills on the VSSA Legislative Tracking Form on the VSSA web site.
Hat tip to NRA-ILA for compiling the list in a user friendly format for dissemination.