The Fifth Circuit Court of Appeals vs. the ATF

On Sunday's Gun Talk Radio, Tom Gresham talked about last week's court decisions that came out of the 5th Circuit Court of Appeals.  He mentioned that it is becoming, as Cam Edwards said, the 5th Circuit vs. the ATF court.  Tom said since the Bruen decision, everything has changed.  They said that the ATF's pistol brace rule is unconstitutional.  They threw it out completely.  They have also said the Trump era "bump stock" rule is unconstitutional.  The 5th Circuit has also thrown out the so-called "ghost gun" rule ATF announced this year.  Take a listen.

Supreme Court Denies Bump Stock Case, Sends Massachusetts Gun Ban Back to Lower Court

Yesterday was the first day of the new session of the United States Supreme Court. The Court considered two gun-related cases on Monday. The court decided not to hear Aposhian v. Garland and GOA v. Garland, which challenged the Trump Administration’s reclassification and ban on bump stocks. The decision leaves the lower court rulings upholding the ban in place.  On Sunday, Aposhian talked about his case with Tom Gresham on Gun Talk Radio.  The conversation starts at the 5:28 mark.

Cam Edwards over on Bearingarms.com had this to say about the bump stock ruling:

To say this is a disappointing result would be putting it mildly, and there most certainly will be consequences to the justices’ refusal to hear either case. The Biden administration has already used the same executive authority that then-President Trump used to direct the ATF to craft its bump stock ban to target unfinished frames and receivers sold in DIY gun-making kits, and the Court’s inaction will only embolden anti-gun officials and the gun control lobby to further abuse the scope of executive branch authority to impose even more gun control laws that don’t have enough support to win congressional approval.

The Court also sent a Massachusetts misdemeanor handgun ban back to the lower court in light of this past June's Bruen case.  The Reload has the story:

This one comes out of Massachusetts and challenges a state law barring those convicted of certain misdemeanors, even non-violent ones, from ever buying guns again. In Morin v. Lyver, a First Circuit panel used a two-step test to find the state’s refusal to issue either gun carry or pistol purchase permits to people convicted of gun-related misdemeanors was consistent with the Second Amendment. On Monday, the Supreme Court granted an appeal of the decision, vacated the previous ruling, and sent it back down to be reheard under its new standard for gun cases.

“The petition for a writ of certiorari is granted,” the court said in its order list. “The judgment is vacated, and the case is remanded to the United States Court of Appeals for the First Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen.”

The remanding signals a new area of Second Amendment litigation the Court wants to see developed under its new Bruen standard. The Court had already sent cases related to AR-15 bans, magazine limits, and open carry permitting back down to lower courts. Now it seems the Supreme Court also wants to explore lifetime gun bans, especially for non-violent minor offenses.

Tom Gresham Speaks with Clark Aposhian on the Larger Importance of his Bump Stock Law Suit

On yesterday's Gun Talk Radio, Tom Gresham's first guest was firearms instructor Clark Aposhian, who has a law suit pending in the 10th Circuit Court of Appeals challenging the Trump Administration's bump stock ban. 

Aposhian filed a lawsuit last January challenging the bump stock ban, arguing that outlawing the shooting accessory was unconstitutional because it amounts to the executive branch rewriting laws, a job reserved for Congress. He had asked a Utah federal judge to press pause on the ban while his lawsuit played out, but she ruled he did not show “a substantial likelihood of success” on the merits of his lawsuit.

A three judge panel of the 10th Circuit Court of Appeals made a similar decision in May, ruling he did not show he was likely to win his case or that the ban would hurt the public's interest.  His attorney's appealed that decision and asked for an enbanc review by the full court, which has been granted.  During yesterday's program, Aposhian discussed the larger inplications of his suit on gun rights in general and that this isn't just about bump stocks.

VSSA · Gun Talk Radio's Tom Gresham Speaks with Clark Aposhian on his Bump Stock Ban Suit

Governor Northam's Gun Control Op/Ed in Virginia Pilot

Governor Ralph Northam had this Op/Ed in yesterday's Virginian Pilot.  He starts out by saying there is a "gun violence emergency" in the Commonwealth, then lays out what he want's in this week's special session:

I will ask lawmakers to do things I’ve asked them to do in the past.

I will ask them to ban magazines that hold more than 10 rounds. I’ll ask them to make background checks universal — a policy that 90 percent of the public supports. I will ask for an Extreme Risk Protective Order law — a way for law enforcement to ask a court to keep guns away from someone who poses a substantial danger to themselves or others, a concept supported by President Donald Trump’s School Safety Task Force. I will join President Trump in supporting bans on silencers and bump stocks.

I will ask legislators to reinstate Virginia’s successful “One Handgun a Month” policy, first enacted under former Gov. Doug Wilder. Being one of the top states for gun trafficking is not something to be proud of.

I will ask for tougher penalties for anyone who leaves a loaded gun around a child, and to require anyone whose gun has been stolen to report the theft within 24 hours.

And I will ask to give localities more authority to regulate firearms, including in their own government buildings.

Northam repeated his call for the full Assembly to debate the measures and made the dishonest claim that subcommittees meeting in early hours have killed his bills in the past.  The House subcommittee that has defeated Northam's gun ban proposals meet in the afternoon, almost after work hours (4:00 PM), making it easier for people to attend, and every one of those bills had a thorough hearing with people from both sides having their say.  He also uses a dishonest number to illustrate the number of people who died in violence involving a firearm.  Northam said that 1000 have died from "gun violence this year - more than the 900 killed in automobile incidents, but that 1000 includes suicides, which is a completely different issue and requires different solutions than criminal use of a firearm.

The gun ban bills he listed have finally started appearing on the Legislative Information System.  It should be noted that this time, the bill to reinstate handgun rationing would move us back to pre-2004 days.  In 2004 the law was amended to exempt individuals possessing a concealed handgun permit.  The House and Senate bills have removed that provision.

The bills that have been introduced to date are below.

• HB 4001 Right to keep and bear arms.
• HB 4002 Concealed handguns; carrying with a permit by employees of any agency of the Commonwealth, etc.
• HB 4003 Firearms; removal from persons posing substantial risk, penalties.
• HB 4004 Handguns; limitation on purchases, exceptions, penalty.
• HB 4005 Control of firearms by localities.
• HJ 4001 Gun Violence Awareness Day.
• SB 4001 Control of firearms; chambers of local governing bodies.
• SB 4002 Handguns; limitation on purchases, exceptions, penalty.

Please continue to contact legislators and urge them to support HB4001 and HB4002, then ask them to oppose HB4003, HB4004, HB 4005, HJ4001 SB4001 and SB4002.  Expect more bills to drop.

You can find the members of House Militia Police and Public Safety by clicking here.  You can click here for the members of Senate Courts of Justice.

Virginia Gazette: After Feds Ban Bump Stocks, None Turned In to Local Police

It could be that not many Virginian's owned bump stocks, or it could be anyone who owned one destroyed the accessory, but according to a report in the Virginia Gazette, none have been turned into local police in Williamsburg, James City County and York County.  Additionally, the ATF is not keeping track of the number that is being turned in nationally.

On the national level, the ATF has decided not to track the number of bump stocks turned into its offices for disposal, according to Washington Field Division spokesman Michael Boyer.

“We are not providing any numbers, and as far as I know we're not compiling any numbers,” Boyer said of the returned bump stocks. “We don't have any numbers or any of that information to give.”

Boyer cited the multiple disposal methods — turning the devices into local and national authorities as well as owners destroying the devices themselves — as the reason the ATF has decided not to track the turn-ins.

Democratic Congresswoman Elaine Luria, 2nd Congressional District, condemned that decision and said the administration should track bump stock returns.

“It’s a shame the administration does not appear to be following through in a thorough way with its sensible ban on bump stocks,” Luria said in a statement. “The federal government ought to be able to track the success of its policy.”

It's entirely possible however that some in Virginia have decided "I will not comply" with the new bump stock policy.

Senate Courts of Justice Report

Yesterday's Senate Courts of Justice Committee meeting was long and VSSA was posting live results on Twitter.  For the most part the meeting had good news for Virginia gun owners, but also provided a glimpse of what will happen if we lose the pro-rights majority in this year's election.  Right now, the committee is made of of 15 members - 9 Republicans and 6 Democrats.  One of those six Democrats, State Senator Creigh Deeds, votes with gun owners sometimes but most times not.  State Senator John Edwards also used to be a reliable pro-rights vote but he has almost completely abandoned law abiding gun owners.  Most of yesterday's votes were along party lines, including SB1162, Senator Saslaw's bill that would have gradually raised the age to purchase a long gun from 18-21.  It is possible that Deeds voted for the bill because it also included a so-called "universal background check", which he has supported since 2007.  Senator Saslaw noted in presenting his bill that he was also the one that put in the bill in the 80s that raised the drinking age 18-21 which drew some laughter.  Senator Obenshain responded that bill was likely as unpopular.

What really caused this observer concern was how some Republicans did everything they could to try to "fix" SB1458, the "Red Flag" bill.  A lot of time was taken to amend the bill and in the end, it died on a tie vote.  Senator Glen Sturtevant (R), who likely would not have been elected without a large turnout of gun owners in his district, joined the six Democrats in voting to report the bill. Senator Norment (R) did not vote.  The bill is not completely dead because the gun ban lobby could try and get one of the no votes to reconsider their vote, bring it up again when Senator Norment is there, and try to get a different result.  VSSA will continue to watch this bill until crossover when it will be completely dead for the session.  One bad bill did report from the committee - SB1163 which bans any accessory that could make a firearm fire faster including common trigger modifications used by competitive shooters.  Republicans Senators Norment, Stanley, and Sturtevant, joined all of the Democrats to advance the bill.

Another thing that caused concern was the number of gun ban supporters that were in the audience.  Besides the usual suspects like Andrew Goddard and Lori Haas, who have been staples at Senate Courts since the Virginia Tech shooting in 2007, the Gabby Giffords gun ban organization also had a lobbyist.  Bloomberg's "Moms Demand Action" had several local volunteers wearing t-shirts in the audience who also got up and spoke in favor of bills.  The counsel for the City of Richmond Police was at the meeting supporting a number of the gun control bills, including SB1162 as did the Charlottesville Chief of Police and the Henrico County Clerk of Circuit Court.

Below are the bills that were reported and the bills defeated yesterday.
Reported
SB 1012 Firefighters and emergency medical services providers; carrying a concealed weapon.
SB 1048 Auxiliary law-enforcement officers; purchase of service handguns or other weapons.
SB 1158 Carrying a concealed handgun; permit not required.(Reported and rereferred to finance - this bill died in Finance last year)
SB 1163 Firearms; trigger activators designed to increase the rate of fire, prohibition, penalty.(Reported and rerefered to Finance - this bill can still be defeated before it would reach full Senate)

Defeated
SB 1034 Handguns; limitation on purchases, penalty.
SB 1084 Firearms; use in commission of crime, civil liability for negligent gun storage.
SB 1162 Firearm transfers; criminal history record information checks, age requirement, penalty.
SB 1303 Firearms; chambers of local governing bodies.
SB 1324 Firearms; reporting when lost or stolen, civil penalty.
SB 1446 Handguns; limitation on purchases, penalty.
SB 1454 Firearm transfers; criminal history record information checks, penalty.
SB 1458 Firearms; removal from persons posing substantial risk, penalties.
SB 1473 Firearms, etc.; permitted events.
SB 1482 Firearms, certain; prohibition on carrying in public places.

House Militia, Police, and Public Safety Subcommittee #1 meets this afternoon at 4:00.  VSSA's legislative team will be there.

Legislative Update - Good Week for Virginia Gun Owners

It was a good week for Virginia gun owners in the General Assembly this week as more of Governor Northam's gun ban agenda was defeated in Senate and House of Delegate committees.  First on Wednesday, Senate Finance dispensed with a bill that would ban bump stocks (SB1), and a bill that would add private and public preschools and day care centers as places where firearms are banned (SB79).  In the House of Delegates, the Militia, Police, and Public Safety Committee Subcommittee #1 met for three hours last night and disposed of a long list of bad bills as well as advancing three good bills.  First, the good bills that advanced:

• HB681 Nonresident concealed handgun permits; time of issuance. Requires the Department of State Police (Department) to issue a concealed handgun permit to a nonresident within 45 days of receipt of the nonresident's completed application unless it determines that he is disqualified. Reported and referred to Appropriations

• HB1255 Concealed handgun permits. 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. (Constitutional Carry) Reported and referred to Appropriations 

• HB1398  Application for a concealed handgun permit. Allows a Virginia resident or domiciliary to submit an application for a new concealed handgun permit via mail. Currently, only persons who have previously been issued a concealed handgun permit may submit an application via mail. Reported and referred to Appropriation.

The bad bills that were defeated are below:

• HB68 Firearms; libraries owned or operated by localities.
• HB261 Localities; regulation of firearms in government buildings.
• HB597 Firearms; mechanical devices designed to increase the rate of fire, penalty.
• HB648 Transfer of multiple firearms; report to the Department of State Police. (requires dealer who sells more than two firearms to one individual to notify the state police)
• HB649 Firearms, certain; prohibited public carrying, penalty.
• HB814 Firearms; control by localities, lawful demonstrations and protests.
• HB819 Firearms; prohibits mechanical devices designed to increase rate of fire, penalty.
• HB929 Licensed family day homes; storage of firearms.
• HB949 Firearms; transfer, criminal history record check delay.
• HB950 Firearm or pneumatic gun; allowing access by children age four or younger, penalty.
• HB1009 Firearms, certain; prohibited public carrying, penalty.
• HB1019 Firearms, etc.; permitted events.
• HB1052 Firearms; control by localities, lawful demonstrations and protests.
• HB1394 Firearms show; list of vendors or exhibitors submitted to State Police.

It should be noted that the subcommittee failed to recommend reporting one bill that VSSA remained neutral because it continues something that the General Assembly has regularly done in the past - set up a separate class of gun owners (in this case retired-law enforcement) that is able to exercise rights that all of us should be able to exercise.

• HB1443 Concealed handguns; retired law-enforcement officers may carry without a permit, etc.

When the Session began, there was a huge question what such a small pro-rights majority and the loss of so many good Second Amendment supporting legislators would mean for gun owners.  Would some of the remaining members be open to supporting things like banning common firearm accessories like bump stocks?  The results of the first half of the session have been positive in that all of the bad bills that have come before committees to date have been defeated.  A small number of pro-rights bills still remain alive and the VSSA Legislative Team will continue to work for passage of those bills.

UPDATE: HB 1180, a bill that would repeal the prohibition the  "good and sufficient reason" to carry during a church service, was reported by the full Militia, Police, and Public Safety Committee this morning by a 12 to 9 vote! (The Senate version, SB 372, has already passed the Senate and awaits action in the House - the Governor has vowed to veto it if it reaches his desk). HB 1180 now heads to the full House for a vote, likely Tuesday or Wednesday. Please contact your Delegate now and urge him or her to vote to pass HB1180!

Also in the House today, HB172 which would exempt gun safes under $1000 from state sales tax died in House Finance Subcommittee #3 on 5-3 vote to Pass by Indefinitely.

Senate Courts of Justice Turns Back Most of Governor Northam's Gun Control

Senate Courts of Justice wasted no time in dispatching the bulk of Governor Northam's gun control legislation this morning in their first meeting of the legislative session.  In total, 18 bills were defeated, including one of Governor Northam's top priorities - so-called "universal" background checks.  The list of bills is below.

• SB 2 Firearms; carrying loaded in public place, etc.
• SB 5 Firearm transfers; criminal history record information checks, penalty.
• SB 63 Firearms; control of possession, etc., by localities at lawful demonstrations and protests.
• SB 119 Firearms; reporting when lost or stolen.
• SB 145 Firearm transfers; penalties.
• SB 209 Concealed handgun permits; sharing of information.
• SB 276 Firearms; removal from persons posing substantial risk, penalties.
• SB 288 Firearms; reporting when lost or stolen.
• SB 360 Firearms, etc.; permitted events.
• SB 412 Firearm transfers; criminal history record information checks; penalty.
• SB 432 Firearms, transfer of; criminal history record information check, penalties.
• SB 433 Reporting lost or stolen firearms; civil penalty.
• SB 447 Firearm transfers; penalties.
• SB 641 Purchase, possession, or transportation of firearms by persons voluntarily admitted.
• SB 665 Prohibition on carrying of certain firearms in public places; County of Albemarle; penalty.
• SB 668 Localities; regulation of firearms in government buildings.
• SB 732 Possession or transportation of firearms.
• SB 794 Prohibition of sale, transfer, etc., of certain firearms magazines; penalties.

Unfortunately, two pro-gun bills that have passed in previous years and ultimately vetoed by former Governor McAullife, was withdrawn by the patron, Senator Jill Vogel.  Those bills are:

• SB 595 Carrying concealed handguns; protective orders.
• SB 596 Victims of domestic violence, etc.; firearms safety or training course.

Two pro-gun bills were reported out and referred to the Finance Committee:

• SB 48 Concealed handgun; eligibility to carry openly within Commonwealth.
• SB 715 Carrying a concealed handgun; firefighters and emergency medical services providers.

One "bump stock" bill (which incorporated two additional identical bills related to bump stocks - SB113 and SB676) was reported our of committee and referred to the Finance Committee:

• SB 1 Firearms; mechanical devices designed to increase rate of fire, penalty.

Several usually dependable pro-rights legislators joined anti-rights Senators in reporting the bill.  Senators Stanley, Sturtevant, Stuart, and Peake, as well as sometime pro-rights Senator Norment, joined the reliable anti-rights Senators of Saslaw, Howell, Lucas, Edwards, Stanley, Deeds,  and Petersen in reporting the bill. The discussion in the committee drifted to trigger replacements, modifications and changing factory standards.  SB1 is poorly written and will catch many more modifications than bump stocks if it passes.  The VSSA legislative team will continue to work legislators to defeat the bill.

Action on Northam's anti-gun agenda has yet to be taken in the House of Delegates.  Be sure to follow all of the legislative news here on the blog, as well as VSSA's Twitter and Facebook feeds.

Northam Makes Gun Control Top Legislative Priority

The Washington Post has the story here.

Democratic Gov.-elect Ralph Northam said Tuesday that expanding Medicaid in Virginia and implementing universal background checks for gun buyers will be two of his top legislative priorities after he takes office this weekend.

Calling it "non-partisan" and "commonsense" said he thinks he will have support from both sides of the aisle for his proposals.  So far, all of the patrons of the anti-rights bills are Democrats and have no GOP co-sponsors.

I had the opportunity to talk with NRATV's Cam Edwards about the just started legislative session and what Virginia gun owners can do to protect their rights during the next 60 days.

Long List of Gun Bills on Senate Courts of Justice Docket Monday

The Senate Courts of Justice Committee is wasting no time taking up the flurry of firearm related bills that have been introduced in the chamber.  Monday's docket includes a long list of bills, mostly anti-rights, but there are some pro-rights bills.  Included on the list are three bills that have previously passed and been vetoed by Governor Terry McAuliffe - two dealing with the ability of domestic violence victims to carry a concealed firearm without a permit while they are waiting for the permit for which they have applied to be processed, and a bill that prevents anti-gun states from going on fishing expeditions with people who have been stopped for routine traffic violations by preventing the sharing of concealed handgun permit information with states with which Virginia does not have reciprocity.  Please contact the members of the committee and let them know you oppose the bad bills (noted in red) and support the good bills (noted in green).  VSSA will be providing live updates on Twitter and Facebook during the committee meeting. In the interest of not clogging up our member's email inbox, rather than sending multiple emails during the week, please regularly check this blog and the VSSA web site Legislative Tracking Form for updates on legislation.  Bills of interest on Monday's docket are listed below.

S.B. 2  Patron: Ebbin
Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person 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 of such act is ineligible to apply for a concealed handgun permit for a period of five years. Current law provides that such prohibition applies only to persons permitted to carry a concealed handgun.

S.B. 5 Patron: Ebbin
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 Class 1 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.

S.B. 48 Patron: Black
Concealed handgun permits. 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.

S.B. 63 Patron: Favola
Control of firearms by localities; lawful demonstrations and protests. Allows a locality to adopt an ordinance that prohibits the possession or transportation of firearms, ammunition, or components or a combination thereof, during a demonstration, march, parade, protest, rally, or other similar event. Such an ordinance shall not apply to any law-enforcement officer, armed security officer, member of the Armed Forces of the United States, member of the Armed Forces Reserves, or member of the National Guard acting in the performance of his lawful duties or to any person having a valid concealed handgun permit.

S.B. 79 Patron: Lucas
Firearms on school property. Adds public, private, or religious preschools and child day centers that are not operated at the residence of the provider or of any of the children to the list of schools where possessing a firearm on school property or on a school bus is prohibited. Under current law, the list of such schools only includes public, private, or religious elementary, middle, or high schools.

S.B. 113 Patron: Favola
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.

S.B. 119 Patron: Favola
Reporting lost or stolen firearms; civil penalty. Requires a person who lawfully possesses a firearm to report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center (NCIC). A violation is punishable by a civil penalty of $50 for a first offense and not less than $100 or more than $250 for any subsequent offense. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from the loss or theft; the immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.

S.B. 145 Patron: Edwards
Firearm transfers; penalties. Creates a Class 3 misdemeanor for a person who is not a licensed dealer but who conducts business as a merchant of firearms to sell a firearm without a background check conducted by a federally licensed dealer. The bill exempts transfers to family members, to personal friends, by inheritance, by operation of law, or for a temporary purpose.

S.B. 155 Patron: Edwards
Control of firearms; chambers of local governing bodies. Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components or a combination thereof at any regular or special meeting of such local governing body, provided that notice of such prohibition is publicly posted and the meeting room is owned or operated by the locality.

S.B. 209 Patron: Stuart
Concealed handgun permits; sharing of information. Prohibits sharing of information regarding Virginia concealed handgun permits in the Virginia Criminal Information Network with law enforcement in states that do not recognize a Virginia concealed handgun permit as valid in the state. The bill requires the Department of State Police to maintain and publish online a list of states that recognize a Virginia concealed handgun permit as valid in the state. The bill does not create a private cause of action.

S.B. 215 Patron: Cosgrove
Renewal of concealed handgun permits; notice. Requires the clerk of the court that issued a concealed handgun permit to notify the permit holder, at least 90 days prior to the expiration date, of the expiration date of the permit. Such notification shall be provided by first-class mail unless the clerk provides an electronic notification to the permit holder. Current law provides that if the clerk has an electronic system for the application and issuance of concealed handgun permits and such system has the capability of sending electronic notices to a permit holder, then such expiration notices shall be sent electronically.

S.B. 276 Patron: Barker
Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which an attorney for the Commonwealth or law-enforcement officer may apply to a circuit court judge for a warrant to remove firearms from a person who poses a substantial risk of injury to himself or others. If firearms are seized pursuant to such warrant, the bill requires a court hearing within 14 days from execution of the warrant to determine whether the firearms should be returned or retained by law enforcement. Seized firearms may be retained by court order for up to 180 days or, with court approval, may be transferred to a third party chosen by the person from whom they were seized. Persons who have been served with a warrant to remove firearms until such warrant has been dissolved by a court or who are the subject of an order to retain firearms are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of an order is guilty of a Class 6 felony.

S.B. 288 Patron: McClellan
Reporting lost or stolen firearms; civil penalty. Requires a person who lawfully possesses a firearm to report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center (NCIC). A violation is punishable by a civil penalty of $50 for a first offense and not less than $100 or more than $250 for any subsequent offense. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from the loss or theft; the immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.

S.B. 338 Patron: Peake
Firearms in courthouses. Allows a person who may lawfully possess a firearm or ammunition for a firearm to carry a firearm or ammunition for a firearm into an area courthouse that is being used exclusively for purposes other than judicial proceedings outside of the courthouse's normal hours of operation.

S.B. 350 Patron: Peake
Concealed handgun permit; expiration date. Extends from five to 15 years the validity of a concealed handgun permit.

S.B. 351 Patron: Peake
Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may (i) prohibit a person who lawfully possesses a firearm from storing that firearm or ammunition for a firearm in a locked motor vehicle, (ii) take any adverse employment action against an employee or contractor for lawfully storing a firearm or ammunition for a firearm in a locked motor vehicle, or (iii) search an employee's or contractor's motor vehicle or require that an employee or contractor consent to such a search as a condition of employment. The bill allows a person to petition a circuit court for an injunction to enforce his right to lawfully store a firearm or ammunition for a firearm in a locked motor vehicle. The bill provides immunity for any person, property owner, tenant, employer, or business owner in a civil action for any occurrence resulting from the use of a lawfully stored firearm or ammunition for a firearm. The provisions of the bill do not apply to (a) property owned or controlled by the federal government, (b) vehicles on property controlled by an employer required to develop and implement a security plan under federal law or regulation, (c) property on which a person is prohibited by law from possessing a firearm, (d) vehicles owned or leased by an employer or business entity and used by an employee or contractor in the course of his employment, or (e) personal vehicles while such vehicles are being used for the transport of consumers of programs licensed by the Department of Behavioral Health and Developmental Services.

S.B. 360 Patron: McClellan
Control of firearms; permitted events. Authorizes any locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in a public space during a permitted event, or an event that would otherwise require a permit. This bill contains technical amendments.

S.B. 372 Patron: Chafin
Carrying dangerous weapon to place of religious worship. 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 at such place.

S.B. 385 Patron: Lucas
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-day period 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.

S.B. 412 Patron: Lucas
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.

S.B. 432 Patron: Wexton
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 the 2016 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.

S.B. 433 Patron: Wexton
Reporting lost or stolen firearms; civil penalty. Requires a person who lawfully possesses a firearm to report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center (NCIC). A violation is punishable by a civil penalty of $250 for a first offense and not less than $250 or more than $1,000 for any subsequent offense. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from the loss or theft; the immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.

S.B. 434 Patron: Wexton
Restoration of firearms rights; convicted felons. Requires the court to find by clear and convincing evidence that a person convicted of a violent felony, whose civil rights have been restored by the Governor or other appropriate authority, who has petitioned for a permit to possess or carry a firearm is not a risk to public safety and poses no present or future danger to himself or others prior to granting the petition and issuing the permit. Current law provides for a standard of good cause shown.

S.B. 442 Patron: Howell
Allowing access to firearms by children; penalty. Provides that any person who leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor.

S.B. 447 Patron: Surovell
Firearm transfers; penalties. 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. The bill exempts certain transfers, including between immediate family members, by operation of law, at a firearms show with a background check, at a shooting range, at a voluntary gun buyback programs, transfers of antique firearms, and when the transfer is temporary and (i) is necessary to prevent imminent death or great bodily harm or (ii) occurs while in the continuous presence of the owner of the firearm.

S.B. 493 Patron: Carrico
Possession of concealed handguns; concealed handgun permit holders at public institutions of higher education. Allows any person who possesses a valid Virginia concealed handgun permit or a concealed handgun permit from another state that is recognized by Virginia to carry a concealed handgun on the property of, in buildings owned by, or at events hosted at public institutions of higher education. The bill provides an exception that may prohibit firearms in facilities operated by the Department of Behavioral Health and Developmental Services or a campus police department of a public institution of higher education if such facilities are located on the property of or in buildings owned by a public institution of higher education.

S.B. 595 Patron: Vogel
Carrying concealed handguns; protective orders. Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. The bill provides that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which shall serve as a de facto concealed handgun permit. The bill requires such person to have the order or certified application and photo identification on his person when carrying a concealed handgun and to display them upon demand by a law-enforcement officer; failure to do so is punishable by a $25 civil penalty.

S.B. 596 Patron: Vogel
Victims of domestic violence, etc.; firearms safety or training course. Creates the Virginia Firearms Safety and Training for Sexual and Domestic Violence Victims Fund. The bill provides that the Department of Criminal Justice Services may distribute funds from the Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, or family abuse. The Department would not be permitted to issue reimbursements in excess of the amount available in the Fund. The bill also requires that, upon the issuance of a protective order, the petitioner for the order be provided with a list of such approved courses or classes.

S.B. 641 Patron: Stuart
Purchase, possession, or transportation of firearms by persons voluntarily admitted to an inpatient mental health facility; penalty. Prohibits a person voluntarily admitted to a state hospital or mental health facility for inpatient treatment from purchasing, possessing, or transporting a firearm while receiving inpatient treatment and for two weeks following the date on which he is discharged from inpatient treatment. The bill requires the state hospital or mental health facility to notify the person seeking admission of such prohibition, to receive written consent from the person seeking admission to have his firearm rights temporarily revoked, and to disclose information regarding his admission to treatment to the State Police for entry in the Central Criminal Records Exchange prior to admitting such person for treatment.

S.B. 653 Patron: McPike
Dangerous weapons; place of religious worship. Requires a person to have the express authorization of a place of religious worship to carry certain weapons to such place of worship while a meeting for religious purposes is being held. Current law requires such person to have a good and sufficient reason to do so.

S.B. 665 Patron: Deeds
Prohibition on carrying of certain firearms in public places; County of Albemarle and City of Charlottesville; penalty. Adds the County of Albemarle and the City of Charlottesville to the list of localities in which it is unlawful for a person to carry certain firearms in public places.

S.B. 668 Patron: Deeds
Localities; regulation of firearms in government buildings. Allows localities to regulate the possession of firearms, ammunition, or components or combination thereof in, or the carrying of firearms, ammunition, or components or combination thereof into, any building owned or used by such locality for governmental purposes. The bill also allows localities to regulate the possession of firearms, ammunition, or components or combination thereof in, or the carrying of firearms, ammunition, or components or combination thereof into a park or recreation area owned or used by such locality for governmental purposes, provided that at each public entrance to such park or recreation area there is (i) at least one law-enforcement officer or armed security officer; (ii) at least one metal detection device; and (iii) an inspection area where each person that enters the park or recreation area may have any bag, package, or other container that he is carrying inspected by a law-enforcement officer or armed security officer. Current law prohibits localities from adopting or enforcing any ordinance, resolution, or motion regarding firearms, ammunition, or components or combination thereof unless expressly authorized by statute.

S.B. 669 Patron: Deeds
Involuntary mental health treatment; minors; access to firearms. Provides that a person who, while a minor 14 years of age or older, was ordered to involuntary inpatient or outpatient treatment or was subject to a temporary detention order and agreed to voluntary admission (i) is subject to the same restrictions on possessing, purchasing, or transporting a firearm as an adult who was similarly ordered to involuntary treatment or was subject to a temporary detention order and agreed to voluntary admission and (ii) may utilize the same procedure as such adult for petitioning for the restoration of such person's firearm rights. The bill also sets out procedures for the submission of any involuntary treatment order or certification of voluntary admission subsequent to a temporary detention order involving a minor 14 years of age or older to the Central Criminal Records Exchange for purposes of determining a person's eligibility to possess, purchase, or transport a firearm that mirror the current procedures for the submission of such orders or certifications for adults.

S.B. 676 Patron: Deeds
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.

S.B. 715 Patron: Chase
Carrying a concealed handgun; firefighters and emergency medical services providers. Provides that any firefighter or person employed as emergency medical services personnel who was previously employed as a law-enforcement officer or as a member of the Virginia National Guard, Armed Forces of the United States, or Armed Forces Reserves of the United States may carry a concealed handgun throughout the Commonwealth without a permit, provided that such firefighter or person employed as emergency medical services personnel has been approved to carry a concealed handgun by his fire chief or emergency medical services chief.

S.B. 732 Patron: Favola
Possession or transportation of firearms following convictions for certain misdemeanor crimes; restoration of rights; penalty. Prohibits a person who has been convicted of stalking, sexual battery, assault and battery of a family or household member, brandishing a firearm, or two or more convictions of assault and battery from possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crimes may petition the circuit court for a reinstatement of his right to possess or transport a firearm.

S.B. 742 Patron: Spruill
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.

House Combines National Carry with FixNICS, Bump Stocks Attract Renewed Attention in Senate

Second Amendment issues are taking center stage in Washington as the year comes to a close.  Politico has this story on the efforts in the House of Representatives to pass National Carry Reciprocity and make changes to the National Instant Check System (NICS) in the wake of the Texas church shooting where the perpetrator's domestic violence and mental health records had not been submitted by the U.S. Air Force.

House Republican leaders are preparing to move ahead with a package of gun legislation that would sharply expand concealed-carry rights but also address policies that came into play during two recent mass shootings. The proposal is expected to come to the floor as soon as next week.

GOP leaders conducted a full whip count of the plan Thursday and sensed enough support from colleagues to bring up the measure, a combination of three proposals that would include a major policy win for gun rights advocates but also seek to placate those clamoring for policy changes after two of the worst shooting massacres in American history — in Las Vegas, Nevada, and Sutherland Springs, Texas.

The Concealed Carry Reciprocity Act, a bill initially offered by Rep. Richard Hudson (R-N.C.), would permit anyone with a valid concealed-carry permit to transport firearms into any other state that also allows for concealed-carry permits. The measure is strongly favored by the National Rifle Association but has drawn fierce opposition from gun control advocates who say it effectively nullifies restrictions passed in states that want to limit the practice.

The measure would be combined with a bipartisan proposal to stiffen the National Instant Criminal Background Check System , the national system of criminal background checks managed by the FBI. Calls for an NICS revamp grew louder after the Nov. 5 shooting in Sutherland Springs that left 26 churchgoers dead. After the shooting, the Air Force revealed that it had failed to report the gunman’s conviction on domestic violence in 2012 to the database, which would have barred him from making a lawful gun purchase.

The proposal, a bipartisan bill offered by Reps. John Culberson (R-Texas) and Henry Cuellar (D-Texas), would require federal agencies and states to produce implementation plans for sharing data with the NICS system and to verify the accuracy of the data they provide. It would also reward states that comply with more funding and incentives, and would provide more resources to federal agencies working to comply.

Over in the Senate, California U.S. Senator Diane Feinstein's bill to ban "bump stocks" will gain renewed attention as a Senate committee holds a hearing on the firearm accessories.  McClatchy has the story here:

A week ahead of a long awaited Senate hearing on bump stocks, the district attorney from Las Vegas issued a powerful call to ban the firearm accessory, which enabled a gunman to kill 58 people in just minutes at an Oct. 1 concert along the city’s famed Strip. The renewed spotlight on the issue provides some much needed momentum for California Sen. Dianne Feinstein’s legislation to ban the device, which has languished in the Senate as Washington’s attention drifted on to other matters.

Two events are now reigniting the debate over whether Congress ought to act on bump stocks. The Senate Judiciary Committee is slated to hold a hearing Dec. 6 on the regulation of firearm accessories like bump stocks as well as issues with the federal background checks database that gun dealers use to determine whether someone is allowed to purchase a gun. A second mass shooting this fall, at a church in Sunderland Springs, Texas, highlighted gaps in that system.

The article also features a video that explains how the bump stock is installed and works on a firearm. It helps put the lie to the narrative from the gun ban crowd that bump stocks turn a semi-auto into a machine gun. 

ATF will testify at the hearing.  Feinstein is hoping that hearing ATF tell the committee they don't have the authority to regulated bump stocks will clear the way to make the case that only legislation Congress is the solution.

The Federalist: Bipartisan Bump Stock Bill Would Ban All Semi-Automatic Rifles

As was posted last week, Diane Feinstein's bill purportedly banning "bump stocks" would ban more than that single firearm accessory.  Sean Davis wrote at The Federalist that the "bipartisan" House version of the bill, which is virtually identical to the Feinstein bill, goes a lot further than just banning "bump stocks."

The legislation, which was drafted by Rep. Carlos Curbelo, a Florida Republican, never bans bump stocks by name. Instead, the proposal bans any person from possessing or making any part that could be used to increase the rate of fire in any semi-automatic rifle. The lead co-sponsor on the gun control bill is Rep. Seth Moulton, a Massachusetts Democrat and U.S. Marines veteran who completed four tours of duty in Iraq.

“It shall be unlawful for any person … to manufacture, possess, or transfer any part or combination of parts that is designed to increase the rate of fire of a semi-automatic rifle,” the bill states. At no point does the proposed legislation specify a base rate of fire against which any illegal increases would be judged, a potentially fatal flaw in the bill’s drafting. As a result, the proposal arguably institutes a federal ban on any and all parts that would allow the gun to fire at all, since the mere ability to fire a semi-automatic weapon by definition increases its rate of fire from zero.

The design of semi-automatic weapons uses the recoil of the weapon generated by the gas explosion in the chamber when a round is fired to automatically chamber a new round, and prepare the weapon to be fired again. Because of this, any parts used in that process would likely be subject to the federal ban proposed in the Curbelo/Moulton bill, since they serve to increase the rate of fire of a semi-automatic weapon. Gas tubes, gas blocks, buffer springs, magazines, charging handles, ejectors and extractors, and even triggers themselves could potentially be banned under the bipartisan bump stock ban language proposed by Curbelo and Moulton.

Davis notes that the proposal also does not contain any grandfather provisions for existing gun owners or manufacturers, and fails to provide any means by which gun owners and manufacturers could turn in their weapons to federal authorities to avoid running afoul of the bill’s effective ban on the possession of any semi-automatic firearms or parts. As Sebastian at Shall Not Be Questioned noted in the above linked article, this is what happens when you have badly drafted legislation.


Davis appeared on NRATV's Cam and Company on Friday to discuss his article.

Banning Bump Stocks are Just the First Step

The gun banners think they have finally found something that will get them a win - banning "bump stocks."  But as talk show host and NRA member Mark Levin pointed out last night on his program, that is just the first step.  House Minority Leader Nancy Pelosi again began pushing so called "universal" background checks, even though the Las Vegas shooter passed numerous background checks. Nothing that the gun ban crowd is pushing would have stopped the shooter.  Apparently, the White House is ready to jump on board too and have a "conversation" on gun laws.  Levin opened his program with these comments:


Levin went on to talk about a New York Times op/ed by Bret Stephens titled "Repeal the Second Amendment."  Levin said such an attempt would not happen because you currently would not get two thirds of congress or the states to go along with it but it does show the thinking of the gun ban crowd.  Then he took apart Stephens argument.

Listen to both clips. There are great points on why we should not give in to the gun ban talking points.

Rob Pincus on Banning "Bump Stocks"

It appears that politicians have decided you battle mass shootings by banning a gun accessory like bump stocks because that is what is said to have been used by the Las Vegas shooter.  In a later post I'll share some very good points on the subject made by talk show host and NRA member Mark Levin, but I saw this on firearms trainer Rob Pinus' Facebook Page this morning and it is some of the best commentary I've seen to date on the subject.

Anyone who has followed my work in regard to the Right to Keep and Bear Arms knows that I'm not one to pound the podium and yell "Shall Not Be Infringed!".

"Shall not be infringed" isn't an argument, it's not a discussion, it's not a remotely compelling statement to make at someone who has already taken a Anti-Gun stance. Furthermore, it's non-sensical to use it as a point to prevent further infringement of our rights. I don't think anyone actually involved in the US Government or Politics has had a serious conversation about going back to "shall not be infringed" in almost a century. We are infringed. There was a series of decades in our county where our gun rights were eroded (infringed upon) more and more leading up to the 1994 Federal Assault Weapons Ban. At that time, the leaders of the firearms owning community in the US finally started fighting a real fight based on the Constitution and the right to own tools of Defense instead of hiding behind "sporting traditions" or "hunting" as justifications for individual firearms ownership.

That started a twenty year push for the Right to Keep and Bear Arms that has reclaimed much lost ground. There is incredibly less infringement of our Concealed Carry Rights nationwide and Federal Courts have ruled in favor of our side in almost every case.

To open up a negotiation on restricting "bump stocks" or any other accessory or type of gun is to accept that some level of infringement is not only acceptable, but that gun owners will be complicit in its establishment. "Shall not be Infringed" is the starting point... the basis for all the arguments and the reason for discussions on gun rights. Give that up and we conceptually give up the Constitutional Basis for anything else we decide we actually want to keep or fight for.

We are on the precipice of another arbitrary set of regulations restricting our Right to Keep and Bear Arms that will do nothing to stop killers, tragedies, accidents or those with any criminal intent. Accepting the idea that a "bump-stock" was in any way responsible for a death last week isn't simply being reasonable. Trading "bump stocks" for anything isn't a simple political compromise. Moving our baseline position away from "shall not be infringed" is tantamount to us setting up a Slide-n-slide on Capitol Hill and trying to walk down the incline without falling... with Bloomberg, Pelosi and a million well meaning but Misinformed Moms trying push, trip and shove us the whole time.

It's not time to cave to emotional and political pressure, but it's also not a time to over-simplify with rhetoric and the same old talking points. We need articulate arguments, reasonable discussions and Real Leaders willing to put in the work to not only defend, but also continue to regain our currently infringed gun rights. -RJP