Legislation Prohibiting People on "Terrorist Screening Database" From Obtaining Concealed Handgun Permits Among Bills Prefiled at VA General Assembly

On January 13, the Virginia General Assembly will convene.  Bills have steadily been pre-filed since last November's election and there are several bills restricting the rights of gun owners in the hopper. Among them are:

• a bill banning the carrying of firearms in legislative buildings (Governor McAuliffe's executive order did not cover this as the legislature governs legislative buildings);
• a bill prohibiting people on the federal "Terrorist Screening Database from obtaining a concealed handgun permit;
• a bill that 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;
  
• a bill that holds a person civilly liable if someone commits a crime with a firearm due to the civil defendants failure to "adequately secure the firearm rom theft or unauthorized possession;
  
• a bill re-instituting handgun rationing (one gun-a-month);
  
• a bill authorizing any locality to adopt an ordinance regulating or prohibiting anyone from engaging in the business of selling firearms at retail within 1,000 feet of a school; and,
  
• a bill that would institute a so-called "gun violence restraining order" by adding family members who reside with the applicant for a concealed handgun permit to the persons whose statements that the applicant is likely to use a weapon unlawfully or negligently to endanger others may be submitted to the court. Under current law sheriffs, police chiefs, and the attorney for the Commonwealth may submit such statements.

There have been some pro-rights bills pre-filed:

• a 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 his permit or license and 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;
• a bill that permits a school board or an administrator of a private school to designate one or more qualified persons for every school who may carry a concealed handgun on school property.  Any person designated to carry a concealed handgun must be certified and trained by the Virginia Center for School and Campus 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 to be established by the Department of Criminal Justice Services;
• a bill that allows full-time faculty members of public institutions of higher education who possess a valid Virginia concealed handgun permit to carry a concealed handgun on campus;
• a bill that allows Virginia residents to purchase a firearm by presenting only one photo-identification form issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense that demonstrates that the prospective purchaser resides in Virginia. The bill provides that a member of the armed forces whose photo identification issued by the Department of Defense does not have a Virginia address may establish his Virginia residency with such photo identification and permanent orders assigning the purchaser to a duty post, including the Pentagon, in Virginia. Current law requires photo identification and another document that establishes residency, such as a lease or utility bill, and that includes an address that matches the photo identification; 
• a bill that standardizes the certification process across localities that 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. (Note: this bill may no longer be necessary as the "executives actions" issued by Obama today eliminates chief law enforcement officer sign off);
• a bill that allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.

More bills will be introduced between now and the last day to introduce legislation once the session begins (January 22).  Be sure to check the VSSA web site regularly for legislative updates once the session begins.

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.

2014 General Assembly Convenes

The 2014 Session of the Virginia General Assembly convenes today at Noon and VSSA's lobbyist is there and ready to defend your rights.  There are currently just under 20 firearm related bills pre-filed.  Be sure to check this blog, the VSSA Twitter feed, and the VSSA Facebook Page daily for updates.  The VSSA Legislative Tracking Form will be posted on the website by the weekend.

This year is the long session (60 days) so while legislators have a little more time to take up legislation, things will still move fast.  This year is expected to be as busy as last year with the anti-rights lobby turning to states to try and do what they could not do at the federal level.

Another Anti-Rights Bill Pre-filed At General Assembly

Other than being just one more bill aimed at firearms in some small way, I just don't know why a legislator introduces a bill like this.  The summary of House Bill 102 states that it would prohibit the possession of weapons in legislative buildings except by any person who lawfully possesses a handgun.  Then we go to the actual bill and we see:

With the exception of any person who lawfully possesses a handgun, no person shall possess any weapon set forth in subsection A of § 18.2-308 while in the Capitol of Virginia or in any other building owned by the Commonwealth and used predominantly for the conduct of the business of the General Assembly.

The code section referenced in the bill sets out those items that cannot be carried concealed as the one being prohibited.  Those weapons are:

any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart.

It's also any firearm other than a handgun because Virginia's concealed carry permits are specifically for handguns.  So, the question is, just how many people have carried any of the above into a General Assembly Building and attempted harm with said item?

Another Full Agenda in Militia and Police Subcommittee 1 at 5:00 PM

As we draw closer to "crossover" committee agenda's are full.  Tonight's Militia, Police and Public Safety Subcommittee #1 is no exception. Included on the agenda tonight are:

H.B. 797 : Morrissey - Carrying a handgun while under the influence of alcohol or drugs; penalty.  Creates a Class 1 misdemeanor for any person carrying a handgun in a public place while under the influence of alcohol or drugs and prohibits a person from obtaining a concealed handgun permit for five years following such a conviction. The prohibition applies regardless of whether the person is carrying the handgun openly or concealed. Current law makes it a Class 1 misdemeanor to carry a concealed handgun in a public place while under the influence of alcohol or drugs, but does not speak to openly carrying a handgun while under the influence.
 
H.B. 859: Gilbert - Criminal history record information check for transfer of certain firearms; exemption for concealed handgun permittees.  Provides an exemption from the required criminal history record information check upon firearms transfers in the Commonwealth for persons holding a valid Virginia-issued concealed handgun permit.

H.B. 1135: Ware, R.L. - Out-of-state concealed handgun permits; photo identification.  Removes certain requirements for an out-of-state concealed handgun permit to be recognized and accepted in Virginia. Requires an out-of-state permittee to carry and present a valid government-issued photo identification in order for his valid out-of-state concealed weapon permit to be recognized and accepted in Virginia.

H.B. 1197: McClellan - Lost or stolen firearms; failure to report; penalties.  Creates a Class 3 misdemeanor for the offense of failing to report to law enforcement that a firearm a person owns or lawfully possesses has been lost or stolen. Subsequent violations of the law would be a Class 1 misdemeanor. The bill also creates a Class 1 misdemeanor for the knowingly false reporting of a lost or stolen firearm.
Impact Statements

H.B. 1223: Hope - Possession of weapons in legislative buildings. Except those lawfully possessing a handgun, no person shall possess a weapon in legislative buildings and all persons, except General Assembly members, staff or any law enforcement officer.

H.B. 1226: Patron - Torian - Regulating firearms by educational institution.  Provides that the board of visitors or other governing body of an educational institution has the power to establish rules and regulations for the possession or transportation of firearms or ammunition on property owned or operated by the institution.

H.B. 1257 : Sickles - Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person who is under the influence of alcohol or illegal drugs to carry a loaded firearm on or about his person in a public place and that a person found guilty is ineligible to apply for a concealed handgun permit for a period of five years. The bill also creates a Class 2 misdemeanor for a person who carries a loaded firearm on or about his person onto the premises of any restaurant or club licensed to sell and serve alcoholic beverages for on-premises consumption and consume an alcoholic beverage while on the premises. The bill contains technical amendments.

Progun bills on Senate Courts Docket

The Senate Courts of Justice docket for Wednesday's meeting has been posted and the following bills are scheduled to be heard:

HB 8 - Allows a person who previously has been issued a Virginia concealed handgun permit to submit an application to renew the permit via the United States mail.

HB 871 - Provides that upon denial of an application for a concealed handgun permit, the clerk shall provide the person with notice, in writing, of his right to an ore tenus hearing. The bill further provides that upon request of the applicant made within 21 days, the court shall place the matter on the docket for an ore tenus hearing. In addition, the bill provides that (i) the applicant may be represented by counsel, but counsel shall not be appointed; (ii) the rules of evidence shall apply; and (iii) the final order of the court shall include the court's findings of fact and conclusions of law.

In addition, Thursday evening's meeting of the Militia, Police and Public Safety Subcommittee #1 will hear three bills - two pro gun and one anti-gun bill:

SB 334 - Allows a person with a concealed handgun permit to carry a concealed handgun onto the premises of a restaurant or club and prohibits such person from consuming alcoholic beverages while on the premises. A person who consumes alcohol in violation of the provisions of the bill is guilty of a Class 2 misdemeanor.

SB 408 - 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 vessel if the handgun is locked in a container or compartment.

SB 580 - Provides that it is a Class 1 misdemeanor for a person under the age of 18 to possess on school property a weapon designed to expel a projectile at a speed of more than 250 feet per second by action of compressed air or gas, such as an airsoft gun. The prohibition expires in five years and does not apply to weapons with orange-tips.

Gun Show Bill Not on Senate Courts Docket This Morning

S.B. 595, Senator Louise Lucas' bill attacking gun shows was not on this morning's Senate Courts of Justice Committee Docket. That means there is only Wednesday's regular scheduled meeting at 2:00 where the bill could be heard. It is possible if the committee does not get to all of the bills in committee by the end of Wednesday's meeting that they could hold a meeting this weekend. All Senate bills have to be acted on by the end of Tuesday's session.

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)

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.

Virginia Center for Public Safety Pushing "Gun Show Loophole" Bill

The Virginia Center for Public Safety, an anti-rights organization that appears to be affiliated with the Coalition to Stop Gun Violence, sent out an email this morning urging their supporters to contact members of the Senate Courts of Justice Committee and ask them to support SB595, the so-called "gun show loophole" bill.

This week, the Senate Courts of Justice Committee will vote on SB 595 , a bill that would close the Gun Show Loophole and require background checks on all firearm sales at Virginia's gun shows. Currently, only federally licensed dealers are required to conduct such checks - individuals who sell handguns and assault weapons as a "hobby" are exempt.

The docket for the committee's Wednesday meeting has not been posted on the LIS as of yet but the bill was not scheduled for this morning's meeting. So, gun owners need to be proactive and contact members of the committee now and urge them to oppose SB 595. Click on the individual members to view their contact information.

Marsh (Chairman), Saslaw, Quayle, Norment, Howell, Lucas, Edwards, Reynolds, Puller, Obenshain, McDougle, Deeds, Hurt, McEachin, Petersen

The VACPS is keying on Senators that have voted to defeat this bill in the past. Those members are Quayle, Norment, Edwards, and Reynolds. In addition, they are targeting Senator Deeds, who in the past had opposed this bill but in the last two years has switch, and Senators McEachin and Petersen, who have voted for the bill in the past. If you live in the districts of these committee members, please be sure to make you voice heard and urge them to oppose SB 595.

Government Facilities Bill On Local Gov. Docket Tuesday

Senator Whipple's SB 268, a bill that would gut the Commonwealth's firearms preemption statute, is scheduled to be heard tomorrow in the Senate Committee on Local Government. Specifically, the bill would allow the governing body (Board of Supervisors, Town Council, City Council) to pass ordinances banning firearms on property owned or leased by the locality and used for governmental purposes.

The Committee meets at 2:00 PM in Senate Room B.

Gun owners need to call committee members and urge them to defeat the bill. You can find contact information for individual committee members by clicking on their name below. This will be a close vote and gun owners are urged to concentrate on Senator Fred Quayle as he will be the swing vote on this bill.

Lucas (Chairman), Marsh, Quayle, Martin, Hanger, Ticer, Reynolds, Puller, Ruff, Obenshain, Herring, Locke, Smith, Stuart, Marsden

Bill Introduced To Give College Boards Power to Ban Firearms

Currently colleges and universities only have the power to control what their students and employees do related to regulating firearms on campus. But if a parent comes on campus to visit, and that parent has a concealed handgun permit, the institution has no power to prevent the parent from carrying while on the campus according to a 2006 Attorney General's Opinion. Delegate Luke Torian (D-Woodbridge) has introduced a bill (HB 1271) that would change that.

The 2006 opinion, issued by then Attorney General Bob McDonnell states:

Governing boards of Virginia’s public colleges and universities may not impose general prohibition on carrying of concealed weapons by permitted individuals.
Pursuant to specific grants of statutory authority, however, colleges and universities may regulate conduct of students and employees to prohibit them from carrying concealed weapons on campus.

HB 1271 would give the Board of Visitors or other governing body of a college or university the power to establish rules and regulations for the possession or transportation of firearms or ammunition by anyone on property owned or operated by the institution.

Day One of Assembly Brings More Pro-Gun Bills

More pro-gun bills were filed as the General Assembly opened yesterday. Some are duplicates of bills that had already been filed and some address the same issue with slight variations in the approach.

HB 854 Encodes a version of the "castle doctrine," allowing the use of physical force, including deadly force, against an intruder or attacker, with no duty to retreat and without criminal or civil liability.

HB 870 Removes the option for a locality to require that an applicant for a concealed handgun permit submit fingerprints as part of the application.

HB 885 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.

HB 886 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.

HB 1070 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.

HB 1092 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 shall have the same ability to carry a concealed handgun wherever he may travel in the Commonwealth as a law-enforcement officer authorized to carry a concealed handgun without a permit.

HB 1191 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.

HB 1210 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.

SB 334 Allows a person with a concealed handgun permit to carry a concealed handgun onto the premises of a restaurant or club and prohibits such person from consuming alcoholic beverages while on the premises. A person who consumes alcohol in violation of the provisions of the bill is guilty of a Class 2 misdemeanor and a person who becomes intoxicated in violation of the provisions of the bill is guilty of a Class 1 misdemeanor.

Additional anti-gun bills have also been filed.

HB 879 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.

HB 1209 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.

HB 1214 Prohibits a person from possessing an unloaded firearm that is in a closed container in or upon a motor vehicle located at a public elementary, middle, or high school or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle located at a public elementary, middle, or high school.

Be sure to sign up for our Twitter updates. As bills begin to move through the committee process to the floor VSSA can communicate the result quickly via this blog and Twitter.

More Firearms Bills Pre-filed, General Assembly Convenes Today

The General Assembly Convenes today at noon. More firearms legislation was also prefiled and posted on the Legislative Information System yesterday.

HB 251 Self-defense; person who lawfully occupies dwelling may use degree of force against an intruder (Castle Doctrine). Senate Courts has been the death of this bill in the past. We will be working hard for this bill this year in hopes of getting it out of the Senate and on Governor McDonnell's desk.

HB 475 Possession of firearms on school property; concealed handgun permits. This bill allows a person who has a valid concealed handgun permit to carry a concealed handgun in a part of a school building not being used for school-related functions or extracurricular activities and also allows persons with a valid concealed handgun permit to carry a concealed handgun while in a parking lot or traffic circle of a school, regardless of whether such person is in a vehicle. Current law only allows such a person to carry the concealed firearm in a parking lot or traffic circle while in a vehicle.

HB 489 Reorganizing the law related to concealed weapons and concealed handgun permits. This is a restructuring of the current CHP statute and does not make any changes in the law, just makes it easier to follow and understand.

HB 490 Concealed handgun; development of plan for issuance of lifetime permit by Virginia State Police. This would be a great improvement if we actually get a plan and implement lifetime permits. In a tough budget year, look for the State Police to balk, saying they would need additional money to create a plan in a year where they have laid off personnel. They have been known to say one thing in committee and work back channels to kill CHP improvements.

HB 505 Concealed handguns; restaurants. This bill repeals the ban on carrying concealed in
restaurants like Applebees, Olive Garden, and others that serve alcohol in addition to food. This bill differs from Delegate Cole's bill (HB 106) in that HB 505 only deals with the restaurant issue and prohibits consuming alcohol. Delegate Cole's bill combines the issue of restaurants and carrying in places of worship. Delegate Cole's bill also does not forbid the consuming of alcohol while carrying concealed in the restaurant.

The first overtly anti-gun bills have also been prefiled:

HB 520 Sale of firearms at firearms shows. This bill is a novel approach to close the non-existent "gun show loophole" by requiring any person who has a fixed location at a gun show to display and sell firearms and any person who sells three or more firearms at a gun show, regardless of whether he has a fixed location, to be licensed as a Virginia firearms dealer. The thing is, there currently is no such thing as a "Virginia firearms dealer" only Federal Firearms Dealer. So, Virginia would have to create a license.

SB 268 Dangerous weapons in government facilities. This bill totally guts pre-emption by allowing the governing body of any locality, by ordinance, to make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any facility that is owned or leased by that locality and used by it for governmental purposes.

Anti-Gun Bill Introduced for 2009 General Assembly

The first anti-gun bill has been introduced for the 2009 session of the General Assembly. Senate Bill 832, introduced by Senator Mamie Locke, would allow localities to adopt ordinances that prohibit firearms, ammunition, or components or combinations in community or recreation centers, administrative buildings, or public libraries owned or operated by the locality during an official meeting of the governing body.

VSSA will soon have the Legislative Tracking Form up on the VSSA web site now that legislation is being submitted. Be sure to check the blog regularly for legislative updates and sign up for the VSSA email alert list if you have not already done so.