Firearm Bills Start to Move in House of Delegates

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Just in Time for NRA Annual Meeting, Georgia Now Recognizes Virginia CHP

The state of Georgia has posted on it's web site that they now recognize Virginia's concealed handgun permit.  Because Virginia only issues permits to individuals 21 and older and only recognizes the permits of those 21 years-old and older, Georgia had refused to recognize the Virginia permit.  Georgia issues permits to individuals 18-21 if they can provide proof of basic training completion or that they have been honorably discharged from the military.  A legislative fix for this situation was attempted in the Virginia General Assembly this year but Governor Terry McAuliffe vetoed the legislation.  In the end, Georgia has relented and now recognizes the Virginia permit.

You can find more information about Georgia requirements for those with out-of-state permits at the Attorney General's web site: https://law.georgia.gov/firearm-information

If you are planning to attend the NRA Annual Meetings and Exhibits in Atlanta next weekend, this decision comes just in time for your trip.

New Gun Laws Take Effect July 1

On July 1, laws passed during the General Assembly session take effect.  Here are the five firearm related laws:

SB 610 and HB 1163, patroned by state Senator Bryce Reeves (R-17) and Delegate Michael Webert (R-18), which passed during the last session overrides Attorney General Mark Herring's order that ended reciprocity/recognition with 25 states. Action to terminate existing agreements and mutual recognition was delayed to allow the new provisions to take effect on July 1, making revocation unnecessary. As a result Virginia’s recognition of permits remained unchanged until July 1 when the new law becomes effective.

Effective July 1, the holder of a valid concealed handgun or concealed weapon permit or license issued by another state may carry a concealed handgun in Virginia provided:

• the holder of such permit or license is at least 21 years of age; and
• the permit or license holder carries a photo identification issued by a government agency of any state or by the U.S. Department of Defense or U.S. Department of State; and
• the holder displays the permit or license and such identification upon demand by a law-enforcement officer; and
• the permit or license holder has not previously had a Virginia concealed handgun permit revoked. 

The legislation also provides that the Virginia State Police in conjunction with the Office of the Attorney General will work with the various jurisdictions to secure reciprocal privileges for Virginia citizens desiring to carry concealed in other states.

Although the new law will require Virginia to grant recognition to all states that issue permits, those states may not authorize Virginia permit holders to possess a firearm in their state. You will need to contact each state to determine if they will recognize your Virginia permit.

Additionally, on Friday, July 1, the Virginia State Police will begin the process of reaching out to additional states to enter into reciprocal agreements allowing Virginia concealed carry permits to be recognized when traveling to those states. Please note that effective July 1, new CHP applications will need to be used to apply for new or renewal permits.

HB 1386/SB 715 - Firearms shows; voluntary background checks; penalties. The law 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. The promoter of the firearms show shall furnish the Department of State Police sufficient facilities to perform the background checks. In order for the law to become effective, the U.S. Department of Justice must approve the policies and procedures that the Department of State Police will use to implement the provisions of the law.

HB 206. Transfer of certain firearms; identification requirement. The law 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 law 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 or his Leave and Earnings Statement. 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.

HB 810. Transfer of assault weapon; proof of citizenship. The law makes consistent the type of identification and other documentation that a purchaser of a firearm must present when purchasing any type of firearm from a licensed dealer by removing the additional requirement for the purchase of an assault weapon that a person who purchases such a weapon must present proof of citizenship. The law does not alter the provisions prohibiting the sale of assault firearms to noncitizens or persons who have not been lawfully admitted for permanent residence.

HB 1391/SB 49. Protective orders; possession of firearms; penalty. The law provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) for family abuse to possess a firearm while the order is in effect. The law also provides that such person may continue to possess and transport a firearm for 24 hours after being served with the order for the purposes of selling or transferring the firearm to another person. Under current law, it is a Class 1 misdemeanor for a person subject to a protective order to purchase or transport a firearm.

State Senator Responsible for Concealed Carry Deal to Announce Run for Lt. Governor

The presidential nominating process isn't even finished and already candidates are lining up for the 2017 Virginia statewide elections.  The latest is State Senator Bryce Reeves, the driving force behind the deal to reinstate reciprocity/recognition with the 25 states that Attorney General Mark Herring had planned to end. The Washington Post reports:

Reeves, a Spotsylvania small businessman, former Army Ranger and former Prince William County narcotics detective, plans to announce his bid early Monday evening at the Virginia War Memorial, with several members of the legislature by his side.

“Virginia deserves strong conservative leadership, and I plan to continue to bring just that to Richmond,” said Reeves, 49, in a statement. “I have proudly fought for all Virginians during my time in the Senate, whether it meant protecting their 2nd Amendment rights, standing up for the rights and proper treatment of our veterans and military families, or simply working to lower taxes and provide economic opportunity for everyday Virginians.”

Reeves becomes the second GOP State Senator to announce a run for Lt. Governor.  Over the weekend, State Senator Jill Vogel told the Post she planned to run as well.

While Vogel has a pro-rights voting record, Reeves will likely garner a lot of support for his role in brokering the deal, resulting in the bills to be signed a couple weeks ahead of the end of the General Assembly session.  The nomination will be decided at a party convention in June of 2017.

Concealed Carry Bill Signed into Law

From Delegate Michael Webert:

Delegate Michael Webert (R-18 District) is excited to announce that his legislation, House Bill 1163 has been signed into law by Governor Terry McAuliffe. HB1163 facilitates the reciprocity of concealed carry agreements by ensuring that an individual who is 21 years of age, and possesses a valid concealed carry permit from any state is allowed to carry a concealed firearm in Virginia. The bill requires the State Police Superintendent to enter into reciprocal arrangements with states that require the mutual recognition of concealed carry permits within 60 days of it’s enactment. The legislation also prohibits the recognition of an out of state permit if an individual’s Virginia permit has been revoked.

Delegate Webert’s proposal is one of three that comprised a bipartisan deal that was reached almost a month ago. Speaking to the Governor’s signature, the Delegate said, “I’m thrilled to see my bipartisan, pro-gun bill has been signed by Governor McAuliffe. HB1163 garnered support not only from across the political spectrum, but also from the law enforcement community with the Southern States Police Benevolent Association throwing their weight behind this measure.”

“Holders of concealed carry permits are some of the most responsible, and law-abiding citizens in this country. It’s fantastic to see Virginia move in a positive direction for gun owners and join 18 other states that currently recognize valid permits from all other states,” said Delegate Webert. “With over 421,000 Virginians possessing permits to carry a concealed firearm, it was critical that we advanced this bill. The right of law-abiding citizens to possess a firearm for self-defense shouldn’t end at a state line—thanks to my legislation, now permit holders here and across the country will enjoy greater legal certainty when traveling into and outside of Virginia.”

Webert added, “This deal would never have come to fruition without the support of my colleagues in the House. I would like to thank Speaker Howell, Chairman Lingamfelter, and Delegate Gilbert for their assistance.”

Update: The legislation does not take affect until July 1. For now, Virginia will continue to honor all the states we were honoring before Herring's announcement.  That means that states that have been honoring Virginia permits should continue to do so. The current March 1st deadline from the Governor's January announcement will be moved to June 30th.  The Virginia State Police updated their web site and will be notifying the states that were originally going to lose recognition on March 1st and let them know that Virginia is going to continue honoring their permits uninterrupted into the future.  On July 1, citizens of the 19 states Virginia does not currently honor, such as California, Oregon, Maine, New York, etc., can begin to carry concealed in Virginia using their home state permit or any non-resident permit provided:
provided:

• the holder of such permit or license is at least 21 years of age; and
• the permit or license holder carries a photo identification issued by a government agency of any state or by the U.S. Department of Defense or U.S. Department of State; and
• the holder displays the permit or license and such identification upon demand by a law-enforcement officer; and
• the permit or license holder has not previously had a Virginia concealed handgun permit revoked. 

VSSA Legislative Update

As we approach the halfway point of the 2016 Virginia General Assembly, some very important legislation has now passed both houses of the legislature.  In the House of Delegates on Wednesday, the bills that are the vehicle for moving the concealed carry reciprocity/recognition agreement between Governor Terry McAuliffe and the GOP leadership cleared the chamber.  The Senate has also moved all three of its bills tied to the deal. The agreement restores and expands concealed carry reciprocity, requires State Police to be available for voluntary background checks at gun shows, and prohibits individuals under permanent domestic violence protective orders from possessing a firearm under state law.  More importantly, the House bill (HB1163) that is the mechanism for restoring and expanding reciprocity takes the responsibility of approving agreements out of the hands of the Attorney General and puts it in the hands of the State Police.  The Senate bills will be conformed to the House versions when they are taken up by the House.

House Bill 1163, carried by Delegate Michael Webert (R-Fauquier), establishes reciprocity with any state that has a concealed carry permit program.  The legislation also prevents individuals who have had a Virginia permit revoked from having an out-of-state permit recognized in Virginia. The Superintendent of the Virginia State Police has 60 days after the bill becomes effective to enter into reciprocity agreements. House Bill 1163 passed the House 72 to 26.

House Bill 1386, carried by House Militia, Police and Public Safety Committee Chairman Scott Lingamfelter (R-Prince William), requires the Virginia State Police to be available at every gun show to administer voluntary background checks for private sales. The House Appropriations Committee has committed to fully funding this bill in the House budget.  House Bill 1386 passed 96 to 3.

Finally, House Bill 1391, carried by Delegate Murphy (D-Fairfax), prohibits individuals subject to a permanent protective order for a domestic violence offense from possessing a firearms.  This legislation is limited to permanent protective orders granted by judges after a full hearing with the opportunity for representation by counsel, which ensures due process protections for all parties involved.  House Bill 1391 passed 96 to 3.

In other legislative action this week,  HB 1096, Delegate Webet’s bill to overturn McAuliffe's state-agency gun ban passed its second reading and will be voted on today on the House Floor.  Senate Bill 626 passed in the Virginia Senate with bipartisan support on a 32-8 vote. Patroned by state Senator Jill Holtzman Vogel (R-27), SB 626 would allow the petitioner of a protective order to temporarily conceal carry without a permit, thus affording them immediate self-defense options while waiting for their carry permit to be approved. A companion bill, House Bill 766, patroned by Delegate Todd Gilbert (R-15), had already passed the House and is now awaiting action in the Senate Committee for Courts of Justice.  SB 677, Senator Chase’s bill to make the $10 fee that is charged by a Circuit Court Clerk for processing a concealed handgun permit optional.  The bill was reported from the Finance committee and heads to the Senate Floor.

Finally, Senator Tom Garrett's SB178 was reported out of Senate Courts on Wednesday.  SB178 is another bill that would overturn Attorney General Herring's unilateral action to end recognition of concealed carry permits issued by 25 states.  The difference between Senator Garrett's bill and the bills that are part of the McAuliffe Agreement (SB610/HB1163) is SB178 would make the General Assembly, in consultation with the AG's office the entity to determine whether another state's permit requirements meet the standards set by Virginia for recognition of those permits. SB178 now heads to the full Senate.

Regular updates throughout the week are posted on this blog and the VSSA Twitter and Facebook feeds.  The weekly updates are included in the Friday eBullet.  Email alerts are only sent when your action is needed on specific legislation so be sure to check this blog and the VSSA web site regularly for the latest news on the progress of legislation.

McAuliffe on Receiving End of New Bloomberg Newspaper Ad

The Washington Post reports this afternoon that the battle between Governor Terry McAuliffe and Bloomberg's Everytown for Gun Safety escalated today to include a full-page newspaper ad in the Richmond Times Dispatch.

The ad quotes several of the governor’s statements about the gun deal, declaring each one “false” and providing a detailed analysis to back up that conclusion. Words that Everytown takes exception to are marked in red ink, as a teacher might when grading a test.

McAuliffe dismissed the criticism during an appearance in Northern Virginia, saying “everybody supports [the gun deal] except one gun-safety group out of New York City.”

McAuliffe's response about support among gun ban groups doesn't square with what other groups told the Post.

“I’m so angry at the governor for his comments,” said Jennifer Herrera, the volunteer leader of the state’s Moms affiliate. “We are Virginians and we are the people doing the work. So to hear him repeat this line that it’s this outside group — we have met you. You’ve stood with our survivors. You’ve been at our events.”

It could be a long second half of the General Assembly as it approaches the halfway mark on February 16th.  The group seems intent on making McAuliffe's life miserable.

Update: The Richmond Times Dispatch has a much stronger article that was posted on its web site Tuesday evening that points out the Everytown exagerations of McAuliffe's statements used in the ad.

Washington Post: McAuliffe Spokesman Lashes Out at Bloomberg Group

It appears Governor Terry McAuliffe is getting tired of getting beaten up by Bloomberg's gun ban group Everytown for Gun Safety.  This from the Washington Post:

Brian Coy spoke dismissively of Everytown for Gun Safety, which is associated with former New York mayor Michael Bloomberg, as a “group from New York” that does not have the interests of Virginians at heart.

“One group from New York and its affiliates are upset, but that does not represent Virginia views on this,” Coy said. “We had no interaction with Everytown, the national folks, until after this deal became public. We wouldn’t have even known who to call.”

The Post reminded Coy that Bloomberg came through when McAuliffe wanted money to buy the Virginia Senate during last year's election but, according to the Post, Coy did not back down from his comments:

“He talked to Howard Wolfson. Wolfson’s a political adviser to Bloomberg,” Coy said.” I don’t think he’s a policy advocate from this group. We’ve never heard from anybody at the staff level until now, after the deal has been finalized.”

The Post noted that Coy's comments were made to the Post two days after Everytown unleashed a social media campaign against McAuliffe for agreeing to a deal with GOP leadership to overturn Attorney General Mark Herring's unilateral action to break concealed carry recognition agreements with 25 states.

For Everytown's part, they turned to Andy Parker, a gun ban advocate whose daughter was killed on live TV by a disgruntled former colleague in August, to counter Coy:

“Governor McAuliffe can’t have it both ways,” Parker said. “He stood side-by-side with me and other Virginia survivors from the Everytown Survivor Network and worked closely with Everytown on the Whatever It Takes rally at the U.S. Capitol in September. I am his constituent and friend — I would have happily taken his call and pointed him to the right policy experts before he struck this dangerous deal with the gun lobby.”

Everytown also released emails to show just how much McAuliffe's office and the group had been in contact over 18 months.

McAuliffe's office also claimed they let Lori Haas, a Virginia gun ban advocate whose daughter was injured during the Virginia Tech shootings in 2007 was made aware of the deal, a claim that Haas disputes.  She told the Post that she was only made aware of it less than 48 hours before the Post broke the story.

This just shows that McAuliffe is not above throwing all of his friends under the bus if he thinks it benefits him.  If he is willing to do this to his friends, we should remember he can still do worse to us if it suits his agenda.

Hat tip to the New York State Rifle and Pistol Association.

Washington Post: Bloomberg's New Target - Terry McAuliffe

The Washington Post reports this morning that Bloomberg's Everytown for Gun Safety has turned its fire on Governor Terry McAuliffe via social Media:

On Wednesday, Everytown launched a social media campaign against McAuliffe, who last week stunned gun-safety advocates by announcing that he had struck a gun deal with Republican legislators and the National Rifle Association. It shows side-by-side photos of McAuliffe and the National Rifle Association’s Wayne LaPierre.

“What do VA Gov. Terry McAuliffe and NRA head Wayne LaPierre have in common?” one version reads. “Both Gov McAuliffe and NRA Head Wayne LaPierre support allowing dangerous people to carry hidden loaded weapons in Virginia.”

While clearly a lower-budget affair than last fall’s TV blitz, Everytown’s social media campaign against McAuliffe was a stunner, given how closely he worked with gun-safety groups since his 2013 campaign for governor. He narrowly won the race while bragging about his “F” rating from the NRA.

McAuliffe's office says he stands by the deal that was announced on Friday and during his radio blitz on Monday, McAuliffe said that his job is to keep Virginia safe and gun ban groups who are against the deal are more interested in pushing a national agenda.

This Post article also infers not only did McAuliffe throw Attorney General Mark Herring under the bus, he did the same to the gun ban lobby:

The deal that the McAuliffe administration hammered out with GOP legislative leaders and the NRA caught gun-safety groups off guard. In December, Attorney General Mark R. Herring (D) had severed reciprocity rights of gun owners in 25 states with concealed-weapons standards looser than Virginia’s — a move that had infuriated gun-rights activists even though state law has long dictated that reciprocity be limited to states with standards on par with Virginia’s.

The McAuliffe deal, which still needs General Assembly approval, reversed Herring’s action — and then some, directing him to strike reciprocity deals with every state that offers them. In that sense, the deal expands gun rights.

VSSA noted on its Twitter feed last Friday that McAuliffe's comments during the official announcement of the deal sounded like he was adding it to his resume for Vice President for his buddy Hillary Clinton:

Sounds like @GovernorVA adding another check mark for resume for Dem VP slot

— VSSA (@VSSA) January 29, 2016

The Post notes he also touted the deal with asked how he thought Clinton's gun control would play in New Hamshire:

Matthews asked McAuliffe, a close friend of Clinton’s and chairman of her failed 2008 bid, how the former secretary of state’s strong gun-control rhetoric might play in a rural state like New Hampshire. McAuliffe answered by touting the “historic agreement” he had just struck on guns.

“If you can do it Virginia, which is the home of the NRA, working together, we can do this anywhere,” he said. “People want, folks, they want their legislators to come together, to work with their governors to make them safe.”

Wonder how Bloomberg likes those bus tire tracks across his back.

Virginian Pilot Op/Ed Nails It on McAuliffe Deal With GOP on Out-of-State Carry Permits

Kerry Dougherty has this Op/Ed in the Virginian Pilot on Governor Terry McAuliffe's deal with the GOP to restore concealed carry permit reciprocity/recognition with 25 states and she absolutely nails why this is such a big deal:

The agreement was a victory for common-sense supporters of the Second Amendment in Virginia and a blow for those who merely look for ways to nibble away at gun rights under the guise of “safety,” when it’s clear that safety has little to do with their motivation.

Case in point: Days before Christmas, Attorney General Mark Herring announced that Virginia was terminating concealed- carry reciprocity agreements with 25 states that had laws he believed were less strict than the commonwealth’s.

The heavy-handed move was ill-advised and unnecessarily provocative. Worse, it reeked of politics.

Herring’s office was unable to point to a single bad act committed by a person in possession of an out-of-state concealed- carry permit. Yet, by terminating reciprocity with more than two dozen states, many visitors to Virginia were slated to automatically lose their rights to carry weapons here, and many Virginians faced the possibility of losing their rights to carry firearms in other jurisdictions.

As I said at the time, Herring appeared to be acting unilaterally to protect the commonwealth from marauding Minnesotans and Montanans.

Her opinion piece is a stark contrast to the editorial the Pilot posted after the deal was announced where the Pilot said the governor "folded."

Dougherty is one of the few voices of reason that write for the Pilot.  She was right this time too.

Gun Ban Lobby Urges Defeat of SB 610 - Vehicle to Restore Reciprocity/Recognition

Virginian's for Responsible Gun Laws sent out an email today urging their supporters to contact their state senators and urge them to vote again Senator Reeves' SB610, the Senate bill that is the vehicle to advance the deal to restore concealed carry permit reciprocity/recognition with 25 states.

It even makes reference to George Zimmerman to get their supporters to take action:

The deal includes reversing Attorney General Mark Herring’s decision to end concealed carry reciprocity agreements with 25 states that fail to meet Virginia’s standards.  In fact, it broadens reciprocity to all 49 states in the country.  This would allow individuals from other states with weak or relatively no requirements for carrying a concealed weapon to legally do the same in Virginia.  That means convicted stalkers and abusers, habitual drunks, those with severe mental illness, and other dangerous individuals could carry weapons in the Commonwealth of Virginia.

We don’t want the George Zimmermans of the world to be armed in our neighborhoods!  We want our Governor, who we elected to keep us safe, to stand up to the NRA and REJECT THIS BAD DEAL.

SB 610 should be up for a final vote on Tuesday, February 2nd.  Please make sure your State Senator knows you support passage of this bill.

Washington Post Suggests Herring Not Happy With McAuliffe Deal

This morning the Washington Post posted this article on their web site titled "Five Things That (kid of) Explain McAuliffe's gun deal with Republicans."  To some extent, it continues the meme that McAuliffe has crafted that he got real concessions in return for overturning Herring's actions on out-of-state concealed carry permits.  A Post article Friday pretty much showed how hollow that claim is, describing how the deal almost fell through Friday morning when Delegate Todd Gilbert told a local Richmond morning show host that, given the deal that was detailed in the Post Thursday afternoon, he would take it any day.  According to the Post, any public comment was supposed to express that all sides gave and got something.  For Gilbert's transgression, the GOP had to agree to make possession of a firearm while a permanent protective order is in place a felony instead of a misdemeanor.  Even with that change, gun owners came out much better than the gun ban side.

Today's article goes on to explain why pro-rights activists are much happier about the deal than the gun ban lobby:

Does this deal expand gun rights?
Yes. The deal goes beyond restoring the reciprocity rights that Herring had planned to revoke, directing him to strike reciprocity deals with every state that offers them. If the legislature approves the deal, more out-of-state gun owners will be allowed to carry concealed weapons in Virginia, and Virginians will be able to carry concealed weapons in other parts of the country.

Does it also tighten restrictions on guns?
Yes, but in a more nuanced way.

The deal would make it a felony under Virginia law for someone subject to a two-year protective order to possess a gun. Possession for such a person is already illegal under federal law. But because local police, not federal agents, respond to domestic incidents, abusers could be more likely to face charges. And because possession in such cases would be a felony, anyone convicted would lose the right to possess a firearm for life, barring subsequent restoration of civil rights through the governor.

The deal also calls for putting a state trooper at every gun show to run background checks for private sellers who currently have no way to check buyers’ criminal histories. But those checks would remain optional.

Then the Post gets to the question of where is Attorney General Herring in all of this?

It’s unclear, but he hardly seems happy about it.

The governor’s office was working on the deal to undo one of Herring’s biggest achievements for at least a week before it let him know what was in the works. Herring has not taken a public position on the deal and was notably absent from a news conference Friday, when McAuliffe and GOP leaders rolled out the deal. Herring’s spokesman said he had a prior commitment.

McAuliffe and his team have artfully credited Herring for bringing everyone to the table — suggesting that by yanking reciprocity, Herring so freaked out the gun-rights folks that they were willing to make a deal. But Herring’s absence on this has been conspicuous, particularly at Friday’s event, when McAuliffe asked the crowd to give the absent AG a round of applause. Awkward!

For all the talk by McAuliffe and Herring's spokesman, it is clear Herring was thrown under the bus.  And, it appears from the Post article, he is not at all happy about it.

Update: Even Bloomberg's anti-gun mouthpiece The Trace notes today the deal was "in the works for a week before Herring was clued in."

No Wonder the Gun Ban Lobby is Upset by McAuliffe's Concealed Carry Deal With GOP

Late Friday afternoon, the Governor's office emailed out the press release detailing the specifics of the deal reached to restore recognition of concealed carry permits for 25 states that had been listed by

The deal encompasses the following bills:

Voluntary Background Checks at Firearms Shows: Delegate Lingamfelter (HB1386) and Senator Edwards (SB715)

• Currently, only firearms dealers with a federal firearms license (FFL) can access the National Instant Checks System (NICS) to perform background checks on firearms purchases/transfers.
• The Virginia State Police cannot access the system on behalf of private citizens selling or transferring firearms.
• This bill would give the Virginia State Police statutory authority to perform background checks on behalf of private citizens at firearms shows, which is required by the FBI. 
• Private sellers feel it is their civic duty to obtain the results of a background check prior to selling or transferring a firearm and they currently do not have the ability to access background checks for this purpose.  This would allow them access on voluntary cases.
• This bill requires the Virginia State Police to be present at every firearms show in the Commonwealth to perform background checks on a voluntary basis.

This bill had already cleared Senate Courts of Justice on Thursday night and rereferred to Finance as it has a fiscal impact. Delegate Lingamfelter's bill is currently awaiting action in the Militia, Police and Public Safety Committee

Protective orders: Delegate Murphy and Senator Howell (SB49)

• Currently, a person subject to a protective order is prohibited from purchasing or transporting a firearm, but not from possessing a firearm.
• This bill would prohibit a person subject to a permanent protective order from possessing a firearm for the duration of the order. 
• Permanent protective orders are issued by a judge and are served to the subject.  They can last up to 2 years and can be extended by the judge as necessary.
• This bill allows the subject of the protective order 24 hours to transfer or sell the firearm to a non-prohibited person.  The subject of the protective order may possess or transport the firearm during that 24-hour period only for the purposes of selling or transferring the firearm.
• If a person violates this section, they could be guilty of a class 6 felony.

Senator Howell's bill is still awaiting action in Senate Courts of Justice

Reciprocity: Delegate Webert (HB1163) and Senator Reeves (SB610)

• Reciprocity for all states with a concealed carry permitting process.
• Prevents state-shopping. If a person has ever been revoked in Virginia, they cannot go to another state to get a permit and have that permit be recognized in Virginia.
• Retains the 24-hour verification clause for law enforcement purposes which allows the VSP or other law enforcement agencies to verify the validity of a permit for an out-of-state person 24 hours a day when states that offer that process.  Permit-holders must carry another valid state-issued ID for the purpose of verification.
• Governor McAuliffe will also extend the effective date for the planned implementation of the revocation of reciprocity agreements with other states to March 1^st.

SB 610 is now before the full Senate and will be on final passage on Tuesday.  HB1163 has been heard by the House Militia, Police and Public Safety Subcommittee #1 and the subcommittee recommended reporting the bill.  It now awaits action by the full committee.

The reciprocity portion of this deal is the most important part.  This isn't just undoing Herring's action of unrecognizing the permits of 25 states, this is expanded recognition.   Delegate Webert was on Friday's NRANews' Cam and Company and explained how this will work.

It should be noted that none of this is a completely done deal until the bills pass and are signed into law by the Governor.  VSSA was in consultation with one of the negotiating legislators before the deal was announced and the legislative team will continue to monitor developments.  For now however, not withstanding reports to the contrary from the media, gun owners came out on the better end of this deal.  Background checks are not "expanded" the way McAuliffe and the gun ban lobby would like.   They are simply voluntary.  He can spin this any way he wants but he backed down on reciprocity/recognition of out-of-state concealed carry permits and got little in return, which is why gun ban advocate Andy Parker and Everytown for Gun Safety are so upset with McAuliffe.

Herring Says His Actions on Reciprocity Led to Bipartisan Movement to Tighten Gun Laws

We've now heard from Attorney General Mark Herring on yesterday's announced deal between the Governor and the GOP that will overturn the AG's December concealed carry permit recognition actions. According to the Richmond Times Dispatch, Herring says is action is what spurred the agreement:

Though the deal could be viewed as a setback for Herring — often accused by opponents of playing politics with his office, but praised by supporters as a champion of progressive causes — the attorney general said in a statement Thursday that he’s “encouraged to finally see a bipartisan conversation” on reducing gun violence.

“If finally enforcing our concealed handgun reciprocity laws helps break the legislative logjam on efforts to expand background checks and force domestic abusers to turn over their guns, then I’m glad we could provide some momentum and I hope this is just the first step in enacting sensible gun safety measures,” Herring said.

Coy said Herring’s decision on concealed carry permits, which some gun-rights activists feared would lead other states to stop recognizing Virginia permits, served as a catalyst for the agreement.

“Without his leadership, this deal would not have been possible,” Coy said.

I'm not completely buying that this was all aimed at causing a stink just to have the changes ditched at the eleventh hour.  It is more likely that the Governor was headed a for a veto override of at least one bill that would overturn the order that had strong bipartisan support and he was looking for a face saving way out of a jam his AG put him in.  Let's look again at what the GOP gave up in return for overtuning Herring's order:

1. The deal would require the Virginia State Police to be available at all gun shows to perform voluntary background checks for sellers who are not federally licensed.
2. Anyone subject to a permanent protective order to surrender guns in their possession, a policy aimed at removing guns from domestic violence situations.
3. Anyone who has had a Virginia permit revoked would not be allowed to carry a concealed weapon in Virginia using another state’s permit.

That's it.  For all of Herring's bluster that this agreement "expands" background checks, nothing really changes.  It just makes it easier for any private individual who wants to use the state police to have a background check run on a perspective buyer at a gun show can now do it. ATF regulations already allow private sellers to use a dealer to facilitate background checks on private sales in states that use the National Instant Check System (NICS). Virginia uses the State Police and only dealers can use that system. So, all 25 states that Herring said did not measure up to Virginia concealed handgun permit requirements will still have their permits recognized, all for just slight tweaks in Virginia law.

And, for the little McAuliffe got, some in the gun ban lobby are not happy:

McAuliffe’s deal-making on guns didn’t sit well with some of his allies in the gun-control push.

Andy Parker, the father of slain Roanoke-area TV journalist Alison Parker, criticized the governor in a statement circulated by Everytown for Gun Safety, an advocacy group that poured in more than $2.4 million to support Democratic campaigns in last year’s legislative elections. McAuliffe’s deal-making on guns didn’t sit well with some of his allies in the gun-control push.

“Since my daughter, Alison, was killed on live television in August, I’ve stood by Governor McAuliffe’s side and applauded his leadership on gun safety — and he has been a friend and source of support for me and my family,” Parker said. “That is why if reports are true that he’ll put the gun lobby agenda ahead of the safety of Virginians, I am beyond disappointed.”

Herring's spin not withstanding, it still looks like McAuliffe threw him under the bus because of all the political heat that came from the AG's move in December.

Washington Post: McAuliffe to Restore Reciprocity in Deal with GOP

The article was posted at 1:02 on the Washington Post web site.  The deal includes the following:

The about-face is part of a deal that McAuliffe (D) struck with Republican leaders one month after Attorney General Mark R. Herring (D) severed the right for gun owners in 25 states to have their concealed carry permits recognized in Virginia.

In exchange, Republicans will agree to some concessions, according to McAuliffe’s office and the office of House Speaker William J. Howell (R-Stafford).

If an individual’s Virginia concealed-carry permit is revoked, a permit from another state will not be honored in Virginia — a practice known as “state shopping.”

State police must be present at all gun shows to administer background checks in private sales of guns on a voluntary basis.

Anyone subject to a permanent protective order for a domestic violence offence will be prohibited from carrying a firearm for the two-year life of the order.

The policy changes will come in the form of bipartisan legislation before the General Assembly.

VSSA's lobbyist got word that a deal may be in the works but this article seems to confirm the information and provides some details.  Be sure to check this blog for more information as it becomes available.

Hat tip to NRANews.com.

 Update 1: I spoke about the development with Cam Edwards of NRANews on Thusday afternoon.

Update 2:  Governor McAuliffe is holding a news conference at 1:00 PM Friday.  Below is the NBC 29 report on the agreement:

Urge Your State Senator to Support SB 610 Overturning Herring's Reciprocity Action

Wednesday night, the Senate Courts of Justice Committee advanced SB 610, Senator Bryce Reeve's bill that would overturn Attorney Mark Herring's late December announcement that Virginia would no longer recognize the concealed handgun permits of 25 states, which will likely impact Virginia concealed handgun permit holders ability to carry in those states when traveling.  SB 610 provides that a holder of a concealed handgun permit issued by any state who is at least 21 years of age is authorized to carry a concealed handgun in Virginia. The bill requires the Attorney General to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. Current law recognizes concealed handgun permits issued by states that (i) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (ii) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia.

SB610 will be on final passage on Monday or Tuesday.  You can find out how to contact your state Senator by clicking here.

Legislative Update with NRANews

Virginia House and Senate Democrats have introduced bills to create "gun store-free zones," another effort to shut down Nova Firearms' new location in McLean, Virginia. I had the opportunity to talk about this and other legislative action during yesterday's NRANews Cam and Company.  Legislation continues to move forward to maintain concealed carry permit reciprocity with 25 states that was abruptly terminated by Attorney General Mark Herring. Originally aired on Cam & Co 01/26/16.

Two News Bills of Interest Introduced in State Senate

A couple of new bills dropped in the final days of last week that should be of interest to gun owners.  The first is Senator Emmett Hanger's response to Attorney General Herring's unilaterally invalidating agreements with 25 states to recognize concealed carry permits from those states.  The bill is SB713 and it establishes the Concealed Carry Reciprocity Advisory Commission (the Commission) as a legislative commission.  This bill would strip the Attorney General's authority to enter into reciprocity and recognition agreements with other states and put it in the hands of the legislature. Of the bills introduced to deal with this issue, SB713 is the only one that establishes a process and looks to be the best vehicle to undo Herring's actions.  The way the bill is drafted, it is possible that enough Democratic votes could be rounded up to override a likely veto from Governor McAuliffe.  The VSSA legislative team will be working this bill hard and will let members know when calls and emails are needed.

The other bill is Senator John Edwards' SB716.  This bill 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, personal friends, by inheritance, by operation of law, or for a temporary purpose.  This bill basically is what is current law under ATF regulations, so it appears to be an attempt to appear to be doing something without really doing anything.

Edwards also has a bill in that allows private sellers to voluntarily conduct background checks at gun shows by requiring the gun show to allow state police sufficient facilities to conduct the checks at the show.  Delegate Scott Lingamfelter has a companion bill in the House.

CCW Reciprocity

After yesterday's post about the increase of the issuance of Virginia Nonresident Concealed Handgun Permits, we received an email with a link to 5.11Tactical.com that includes a graphic entitled States of Honor.  It's great for finding out which states have the most honored CCW Permits, which states honor the most permits, and whether your state honors more permits than it is honored by.

Source: 5.11 Tactical

Hat tip to Carson Ward for passing on the link.

Michigan Agrees to Reciprocity with Virginia, Others

The Daily Tribune reports that Michigan Attorney General Bill Schuette announced yesterday he has reached a deal that allows Michigan residents with a concealed carry permits to carry in 39 other states, including Virginia.

Schuette noted that Michigan CPL holders who wish to carry a concealed weapon in another state are responsible for complying with the laws of that state. Also, residents of states that exercise reciprocity with Michigan are responsible for complying with Michigan laws restricting where pistols may be carried, requiring disclosure to a peace officer when stopped, and prohibiting carrying while under the influence.