First Sign of GOP Caving?

More bills have dropped on the Legislative Information Service (LIS).  Among them is this bill by Delegate Glenn Davis (R - VA Beach).

HB4008 - 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.

It should be noted that a)the training required to get a concealed handgun permit is basic firearm safety information and b) Virginia law does not require range time to show competence with a handgun.  A hunter safety course qualifies as an allowable training to qualify for a concealed handgun permit and you can get those courses online now.  So, if the basic information can be provided in an online course, why not allow it?  What is the reason for this bill other than to show that you are open to "doing something"?

In Wake of Herring Concealed Handgun Move, Virginians Rush to Get Utah Permit

The Times Dispatch has the story here.  The term rush apparently is an understatement:

Out of concern that their concealed-handgun permits soon could be invalid in other states, Virginia gun owners are rushing to get permits from an unexpectedly distant location: Utah.

“I wouldn’t say a rush. I would say an avalanche,” said James Reynolds, president of Proactive Shooters, a Richmond-area firearm instruction company that has added extra Utah-specific classes to keep up with the demand for the state’s permits.

Herring is pushing the line that if you have a Virginia permit nothing changes, completely ignoring the fact those permits will likely no longer be accepted in the states Herring has unilaterally ended recognition.

Proactive Shooters is not the only firearm safety company experiencing an uptick in Utah Permit interest:

Pegasus Firearms of Chesterfield County posted a bulletin on its website advertising its Utah courses, complete with a warning that Herring’s decision could mean Virginians no longer will be able to take concealed firearms to North Carolina’s Outer Banks.

Buddy Blanton, the owner and lead instructor at Pegasus, said inquiries and sign-ups are “definitely increasing,” perhaps by about 25 percent. He said several gun owners with whom he’s spoken long have considered a Utah permit, but Herring’s announcement was the final nudge.

“I think a lot of Virginians did not take advantage of that because of the fact that Virginia had very good reciprocity agreements across the board,” Blanton said.

Whether it's retailers or firearm instructors, it seems gun ban Democrats just can't help increase the business of the firearms industry.

Bill Exempting CHP Holders from Background Checks Advances in Senate Courts

Yesterday the Senate Courts of Justice Committee advanced all of the pro-rights bill on the docket, including HB2029, a bill that would exempt Concealed Handgun Permit (CHP) holders from a background check when they purchase a firearm.  Federal law allows those who hold a CHP to be exempted from background checks if they have had a check performed in the last five years through the National Instant Criminal Background Check System (NICS).  HB2029 would add that check to the processing of a CHP application or renewal.  Currently 23 states have this exemption as allowed by federal law.

The State Police, which has become a mouthpiece for the anti-rights McAuliffe administration this year strongly opposed the bill according to the Richmond Times Dispatch.

Tom Bradshaw of the Virginia State Police cited statistics showing that during the past five years, police sent 1,100 letters to circuit courts indicating a disqualified permit holder.

He said there were 227 permit holders who were subject to disqualification because of involuntary commitment to a mental health institution and 2,500 restraining orders were issued on holders of concealed handgun permits.

“During that five-year period a lot of things can actually occur,” Bradshaw said.

The bill now goes to Finance where it should be reported out as there is not fiscal impact due to an increase in the fee charged applicants to conduct the additional background check at the time of processing.

Also reporting yesterday were HB1329 which would recognize out of state CHPs as long as the out of state resident also has a government issued photo id on his or her person.  HB1329 was also referred to the Finance Committee.

Both bills may face vetoes from Governor McAuliffe.  Keep watching the blog for action alerts should the bills pass the Senate.  Gun owners will need to flood McAuliffe's office with phone calls and emails.

Finally, HB1666 advanced and moved to the Senate Finance.  HB1666 is Delegate Fowler's bill that permits a nonresident of the Commonwealth prohibited from possessing a firearm or ammunition because of a felony conviction or a juvenile adjudication of delinquency of certain offenses to petition the circuit court where his last felony conviction or adjudication of delinquency occurred for restoration of his right to possess, transport, or carry a firearm.  Current law does not provide for venue for a nonresident's restoration petition.

Are Lifetime Concealed Handgun Permits Right for You?

There are currently two bills in the General Assembly (one in the House of Delegates and one in the State Senate) that would create lifetime concealed handgun permits.  The House version (HB 1359) has not been acted on in committee.  The Senate Bill, SB 689 reported out of committee on Monday and should be up on final passage Thursday or Friday. The Senate bill gives applicants the choice of either the current five year permit, or a lifetime permit.  You may ask why the choice; wouldn't everyone want the lifetime option?

After the first VSSA legislative email alert went out last week, I received a reply from a VSSA Life Member who currently lives in South Carolina.  He's an FFL and said that in South Carolina, a concealed carry permit holder does not have to undergo a background check when they purchase a firearm because the South Carolina permit qualifies for a NICS check exemption (US Code Title 27 Chapter 478.102 (d)(1)(ii)).  That exemption requires that a NICS check is done at least once every five years.  Currently in Virginia, CHP background checks go through the State Police so Virginia does not qualify for the background check exemption.  If SB 689 passes, that could change.

SB 689 includes a provision that five-year permits also undergo a NICS background check in the processing. Also, there is a House Bill 2029 that would change Virginia's background check law to allow CHP holders to be exempt from the background check when purchasing a firearm in accordance with the above referenced exemption.

So, if a Virginia gun owner wants to be exempt from undergoing a background check every time they purchase a firearm, they would need to continue with the current five-year permit.  But, if SB 689 passes, you will also have the option of having a permit for life, you'll just have to continue going through the background check when you buy a firearm from an FFL.

CHP Holder Privacy Bill Reported out of Senate Courts

Senator Richard Stuart's SB948 reported out of Senate Courts this morning on a vote of 10-4.  SB948 provides that information on concealed handgun holders in the Virginia Criminal Information Network may not be shared with law enforcement in states that do not have reciprocity agreements with Virginia for the carrying of concealed handguns.   This bill will prevent states like New Jersey and Maryland, states that are very unfriendly to gun owners, from going on fishing expeditions in the event they involved in a routine traffic stop.

During discussion of the bill it was learned that the Fraternal Order of Police opposes the bill.  Senator Saslaw, apparently a spokesman for the Governor, said if the bill passes, Governor Terry McAuliffe would veto it.  The bill should be voted on passage Wednesday.  Please contact your state senator and urge him or her to support SB 948.  You can find you legislator by clicking here.

Voting to protect your privacy were: Obenshain, Edwards, Puller, McDougle, Stuart, Vogel, Stanley, Reeves, Garrett, Chafin

Voting against your privacy were: Saslaw, Howell, Lucas, McEachin.

The surprise in this vote was that the usually anti-rights Senator Puller voted for advancing the bill.

When contacting your Senator, please also contact the senators above who voted to report the bill and thank them for their vote.

Watch today's Sportsman Channel's NRANews Cam and Company at approximately 5:20 for more about this and other legislative news of interest to Virginia Gun owners.

Governor McAuliffe Rolls Out Gun Control Proposals

Yesterday, the Washington Post reported that Governor Terry McAuliffe will travel to Arlington today to roll out several gun control proposals for the upcoming session of the General Assembly:

Gov. Terry McAuliffe on Monday will call for a package of gun restrictions in Virginia, including a renewal of the state’s one-a-month limit on handgun purchases and a requirement that buyers at gun shows undergo background checks.

McAuliffe will also propose keeping guns away from people convicted of crimes related to domestic violence and revoking concealed-handgun permits for parents who are behind on child-support payments.

McAuliffe (D) will unveil his plan during a speech in Arlington County the day after the two-year anniversary of the Sandy Hook Elementary School shooting, according to a news release provided to The Washington Post.

Gun ban proponents have pointed to McAuliffe, who changed course late in the 2013 statewide campaign to vocally support gun control, as proof that it can be a winning issue.  At the time McAuliffe was enjoying a double digit lead in the polls.  He ended up winning by about 2% and some Democrats complained that latching on to Michael Bloomberg and his gun ban agenda may have hurt McAuliffe more than it helped.  Bloomberg dumped $1 million into advertising for McAuliffe late in the campaign.

McAuliffe also will propose giving move money to the State Police so that private owner that wants to conduct a background check on a prospective buyer at a gun show can do so.  He may want to look to Colorado before ponying up new taxpayer money for this proposal.  It turns out that the estimate of the number of background checks that would occur under the state's new so-called "universal background check" law were vastly over blown.

In any event, it's not likely that any of the proposals that will be unveiled today will gain much traction in the General Assembly.  VSSA will be vigorously opposing all legislation aimed at restricting the rights of Virginia's gun owners.

I had the opportunity to discuss this with Cam Edwards of Sportsman Channel's NRANews Cam and Company on Monday afternoon.

Hat tip to BearingArms.com.

John Frazer Law on Fairfax County CHP Denials

Attorney John Frazer, formerly Director of Research at the National Rifle Association, shared this information on Fairfax County related to denial of concealed handgun permit (CHP) application denials:

Fairfax County gun owners should be aware that the Circuit Court clerk’s office may treat concealed carry permit applications as incomplete, and forward them to a judge for review, based on disclosure of pending criminal charges.

While some pending charges—such as any felony, or assault, battery, unlawful discharge or brandishing of a firearm, or stalking—can be the basis for denial of a permit, most misdemeanors are not.

Fairfax is one of the handful of localities in Virginia that has a history of making it as difficult as possible for residents to get a CHP.  Henrico County in the Richmond area is another.

Frazer notes that anyone whose application is denied in situations such as the above can either wait until their pending charge is resolved, or challenge the denial in an ore tenus (“word of mouth”) hearing in circuit court.

If you have a Second Amendment/Firearms related issue for which you need legal counsel, John Frazer has over 20 years of experience in firearms law and policy.  He can assist clients in firearm-related litigation, as well as to provide compliance advice for firearms and ammunition manufacturers, importers, dealers, ranges, clubs, and instructors.  Frazer's other general practice areas include explosives law, civil rights restoration, criminal defense, asset forfeiture and civil litigation.  You can contact John Frazer Law PLLC at:

3925 Chain Bridge Road
Suite 403
Fairfax, VA 22030

Phone: (703) 352-7276
Fax: (703) 359-0938

Virginia Now Has Mutual Recogition of Concealed Carry Permits with Kansas

The Witchita Eagle reports that the Kansas attorney general’s office announced yesterday Virginia has agreed to recognize Kansas’ concealed carry gun licenses.  A quick check of the Virginia State Police web site shows that Kansas is returning the favor.

Read more here: http://www.kansas.com/2014/05/07/3443523/virginia-washington-state-will.html#storylink=cpy

VSSA Partnering to Offer Training for Teachers

Silver Eagle Group and VSSA are teaming up to provide free training for Virginia teachers who are interested in obtaining a concealed handgun permits. VSSA has offered free concealed handgun training for teachers for quite a while but this new partnership offers a high level of training at a significant discount.  Teachers interested in taking advantage of this should contact VSSA's teacher training coordinator, Tom Ciarula (Tom-C@Cox.net) or David Dendinger (dendingerd@silvereaglegroup.com) at Silver Eagle Group.

Lifetime Concealed Handgun Permits Moves to Senate Finance Committee

Yesterday, the Senate Courts of Justice Committee reported SB 608, a bill to provide for Lifetime Concealed Handgun Permits was reported by a unanimous vote and rereferred to Senate Finance as it carries a fiscal impact to a state agency.  If passed and signed by the Governor, the bill would change the process for applying for a permit, changing it from the Clerk of the local circuit court to the State Police.  It would also require the State Police to run annual background checks on every permit holder to make sure there has been no change in the holder's legal status.  We will see if the State Police make the case that they cannot handle that requirement.

Legislative Update

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

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

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

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

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

Bedford County Sheriff Okay with Teachers Carrying Firearms

ABC 13 in Lynchburg reports that Sheriff Mike Brown is okay with teachers carrying firearms, with a caveat:

Sheriff Mike Brown says he'd actually be ok with teachers carrying concealed weapons, if they can hit their target with the same precision expected of his deputies.

WSET.com - ABC13

VSSA offers free training for teachers to qualify for a concealed handgun permit.

Hat tip to The Gun Wire.

VA GOP Withdraws Request for CHP Holder Information

The Richmond Times Dispatch reports today that the Republican Party of Virginia has withdrawn its request for information for the Commonwealth's estimated 270,000 concealed handgun permit (CHP) holders.  According to the RTD, the GOP sited the estimated cost of $120,000 for the information, based on the initial estimated costs they had received from some of the circuit court clerk offices.  This who had responded to the GOP request estimated that pulling the information requested would cost $1000. 

In his letter today, Reedy said many of the clerks provided cost estimates for retrieving and delivering the requested data, and “unfortunately, the average costs for producing these documents based on the information we’ve received so far would be more than $1,000 per office.”

“At an estimated cost of more than $120,000 for mailing addresses along, this method of communication is simply no longer cost effective,” he wrote. “Instead, we will work with other pro-Second Amendment groups to find ways to reach voters with critical information.”

It was likely as much a face-saving decision as a financial one however.  A number of people have expressed opposition to the request and believe it to be hypocritical given it was a GOP Senator, Mark Obenshain, who was responsible for making sure the information would become private and no longer accessible in individual clerks offices beginning July 1.

NBC12.com - Richmond, VA News

The Virginia GOP repeated that it was only trying to build information for out reach to voters. They will now have to rely on pro-rights groups to reach out to their members the get the information out. It is suggested that the candidates have a presense at every gun show between now and election day to insure gun owners know that all three of the Democrat candidates have made comments supportive of increased gun control.

Delegate Morrissey Compares Apples to Oranges In Opposition to CHP Privacy

As he did on the floor of the General Assembly when SB1335 was being considered, Delegate Joe Morrissey (D-Richmond) writes in today's Richmond Times Dispatch that like permits to assemble or building permits, concealed handgun permit (CHP) information should be open to the public.  SB1335 protects the personal information of concealed handgun permit holders and beginning July 1, will no longer be available upon request from the local office of the Clerk of the Circuit Court.

For more than 220 years, the circuit courts in our commonwealth have adhered to one unbending, inflexible tenet: All public records are presumed to be opened to the public for scrutiny. Indeed, the Virginia Freedom of Information Act, set forth in Section 2.2-3700 of the Virginia Code, states as much and guarantees that citizens of the commonwealth as well as representatives of the media shall have full access to all public records held by public bodies, public officials and public employees — including circuit court clerks’ offices.

Now, for the first time in the history of the commonwealth, an otherwise public document — a concealed gun permit — shall be sealed and unavailable to the citizenry and representatives of the media. This development should cause all advocates of open government to cringe.

Morrissey laments that the proponents of the bill claimed that unlike building permits, CHPs involve a "fundamental right."  He still compares apples to oranges when he says that the fundamental right to free sometimes involve permits to assemble on public property and those are open to the public.

The difference Mr. Morrissey, those permits likely do not contain the personally identifying information (PII) of individuals who have protectives orders against ex-spouses or boyfriends, or the PII of individuals who have escaped their abusers and don't want to be found by them.

CHP Holder Privacy Protection Not on Senate Calendar Today

It isn't unusal that a bill returning to the house of origin does not end up on the calendar for action the next day.  This gives us more time to contact our state senators and urge them to support SB1335 as passed by the House of Delegates yesterday.  SB1335 will protect the personal information of all concealed handgun permit holders as passed by the House.  This is not an open government issue, it is a privacy issue, and your personal information should not be open to the public or the media just because you have a concealed carry permit.

The vote is going to be close, and may ultimately be decided by the Lt. Governor in a tie-breaking vote.  Please contact your state senator today and urge him or her to vote yes on the House Substitute to SB1335.

Privacy Protection for CHP Holders Passes House

The House of Delegates passed SB1335 shortly after 1:30 pm today. The bill as passed by the House protects the personal information of Concealed Handgun Permit holders.  Several years ago, the Roanoke Times published on its web site the names and addresses of every CHP holder in Virginia.  The Fredericksburg Free Lance Star publishes the name of every CHP holder in Fredericksburg and Spotyslvania County at the time the permit is issued.

The bill now goes to the Senate to approve or reject the substitute. Please contact your State Senator and urge hum or her to approve the House Substitute.

Firearm Courses Booked for Months at Lynchburg Range

Guns.com reports that firearm safety courses are booked months in advance at a range in Lynchburg, VA.

Part of the increased demand stems from the fact that higher numbers of ladies are buying guns now. Mayard Lawthorne, a manager at the Lynchburg Arms and Indoor Shooting Range, reports, "About half the class are usually women, and a lot of women are taking up the shooting sports actually. Some of our clients are buying guns also not only for self defense, but for sports shooting."

Add this to the fact that NRA Women on Target clinics are extremely popular at Virginia gun clubs and you understand why many say there is a new face on the shooting sports, and it's the face of women shooters.

Concealed Carry Reciprocity List App for IPhone

For those who have an IPhone, IPad or IPod Touch, you may already be aware of this but just in case, Blackleaf Software LLC, has an application called Concealed Handgun License State Reciprocity List, that will give you the information you need to know if your concealed carry permit is recognized where you may travel.

These are some of the features gun owners will have with this app:

• The latest state reciprocity changes as of June, 2010 for all 50 states
• Easy to use onscreen controls
• Easy to read, color coded maps
• Reverse reciprocity look up
• Internet buttons to learn about handgun laws within each state
• Read the second amendment right in the app
• Supports portrait and landscape

Now if they only made the app for the Driod.

Police Chiefs Urge McDonnell to Veto Restaurant Ban Repeal

The Virginia Pilot reported today (http://hamptonroads.com/node/546409) that the Virginia Association of Chiefs of Police have asked Governor McDonnell to veto SB334, Senator Hanger's bill to repeal the ban on carrying concealed in restaurant like Applebees and Olive Garden that serve alcohol in addition to food.

Governor McDonnell's Office reaffirmed that the Governor will stand with law-abiding gun owners and sign the bill.

The head of the association raised the specter of out of controlled bar fights ending in gun fire. This brings back memories of the dire predictions of those opposed to concealed carry reform 15 years ago, who said "Blood would run in the streets" if shall issue concealed carry passed.

Over 30 states currently allow concealed carry permit holders to carry in restaurants like Applebees and Olive Garden with few if any incidents of violence materializing.

The chiefs association was one of the major opponents of the bills that we're vetoed by Tim Kaine the last two years. The Pilot reported the association was stretched too thin trying to preserve funding for police departments to lobby hard against the bill this year.

Hat tip to VA-Alert.

Women and Concealed Carry Part II

This is the second segment of the WRIC Channel 8 story on women and concealed carry. I had problems getting both video segments in one post. And Part II:



Hat tip to VA-Alert