Legislative Update for February 25

We are fast approching the end of the 2024 Session of the General Assembly.  On Thursday, several gun control bills passed the second house for consideration and are headed to Governor Youngkin.  Only one of the bills have taken the next step prior to arriving at the Governor.  Each bill has to be "Enrolled" then the text of the bill has to be printed as it passed both houses, so now is the time to contact the Governor and urge him to veto these bills.  You can contact Governor Youngkin at glenn.youngkin@governor.virginia.gov .  The bills that are now headed to Governor Youngkin are:

SB 273: This bill would impose a mandatory five-day waiting period for all firearm purchases in Virginia.

SB 100: This bill would end the ability of individuals to build a firearm for personal use without government interference, something that has been done for centuries. The "scary" term “ghost gun” is an invention of gun ban advocates to restrict the rights of law-abiding citizens. Criminals are prohibited from owning a firearm regardless of how the firearm is made. This means that whether that possessed firearm was made in a factory, or using a kit, it does not change the fact that possession of that firearm is a criminal act.

SB 368: This bill would created mandatory storage requirements for firearms and ammunition.

SB 491: This bill would subject firearm manufacturers and dealers to frivolous lawsuits by creating a civil cause of action for violations. The legislation requires industry members to establish and implement controls based on vague and unenumerated standards of conduct. A suit against a manufacturer or dealer could be brought by the Attorney General or a local county or city attorney for a perceived violation of these "standards of conduct".

HB 498: This bill would requires local school boards to develop and implement a policy for distribution by the local district to inform parents about firearm safety and storage laws in the commonwealth. This mandate could be used as a gun ban propaganda tool funded by tax payer dollars.

SB 99: This bill would prohibit the carrying of certain semi-automatic center-fire rifles and shotguns on any public street, road, alley, sidewalk, or public right-of-way or in any public park or any other place of whatever nature that is open to the public, with certain exceptions. Under current law, the current prohibition on carrying certain shotguns and semi-automatic center-fire rifles and pistols applies to a narrower range of firearms, only in certain localities, and only when such firearms are loaded.

Please contact Governor Youngkin and politely urge him to veto the above bills. It is best to send an email yourself rather than use a pre-written email system. Emails in your own words will have a greater impact on the Governor and will be viewed as being sent by the sender rather than by an automated service.

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.

Gutowski: What's in Biden's "Ghost Gun" Kit Ban

 (Editor's note: The article discussed here is part of the Member Exclusives at TheReload.com)

Earlier today, The Reload founder, Stephen Gutowski posted an analysis of what's in Joe Biden's rule that redefines the definition of a firearm under federal law and thus expanding ATF’s power.  According to Gutowski, the bulk of the rule did not change much from when he posted a leaked draft of the rule last year. He notes that ATF did modify significant portions, and clarified others, however. He wrote that in some things, ATF has pulled back, while expanding their "theoretical" authority in others. Below is a list of things included in the new rule that Gustowski discusses:

Expanding the ATF’s Power to Determine What is a Receiver or Frame:

The most significant change is in vastly expanding the definition of what could constitute a regulatable “firearm” under federal law. While this hasn’t gotten nearly as much attention in the political sphere, it is really the core of this new rule. That’s because, in recent years, the ATF and Department of Justice have run into legal trouble over how they’ve long applied the definition of “firearm.”

Banning “Ghost Gun” Kits:

The other aspect of the definition change in the rule deals with an even greater expansion of the ATF’s authority. This time into the territory of determining what’s “readily convertible” into a firearm frame or receiver. The target is unfinished and unserialized “ghost guns.”

Homemade Guns Are Transferable, Even Sellable:

Somewhat surprisingly, the rule also explicitly states that homemade guns (which they call Privately Made Firearms or PMFs) are legal to both make and sell. The ATF points out that people who are not otherwise prohibited from possessing guns due to a disqualifying criminal or mental health record can legally build them in most states. They can even give or sell them to other people depending on the circumstances.

Increasing How Long Gun Dealers Have to Keep Background Check Records:

If the PMF serialization requirement sounds like extra work, mainly for licensed dealers, that’s because it is. The same is true for the new record-keeping requirements in the rule.

Reducing Silencer Regulation:

The rule isn’t all about implementing more burdens on gun owners and the industry, though. The ATF is also seeking to reduce the amount of paperwork and regulation involved in silencer manufacturing, dealing, and ownership. Instead of treating every part of a silencer, often called suppressors, the same as a fully completed and functional silencer, the ATF wants to pick just the outer tube as the regulated part.

Gutowski closes by noting that while Biden announced the rule last week, it has not been published in the federal registry. After the publication, it is going to face lawsuits from multiple pro-rights organizations that could delay the rule's implementation or repeal it out right.

Th article expands on each of the topics beyond what is shared above.  If you want to read the entire article and full analysis, as well receive more of his member exclusives, you can subscribe to The Reload.

Rob Pincus Talks Privately Made Firearms with NPR

On April 18, after Biden announced his new rule related to the private manufacture of firearms, NPR talked to several gun ban advocates, including failed ATF nominee David Chipman, and also spoke interviewed firearms trainer Rob Pincus.  You can hear Pincus's comments by clicking here.  NPR led off with Chipman and San Diego Mayor Todd Gloria, and at around the 18 minute mark, they play the pre-recorded comments of Rob Pincus.  Because his part was pre-recorded, Rob had no opportunity to discuss anything that had been said before and no opportunity to defend himself when Chipman took cheap shots when he was asked what he thought of Pincus' comments.  Chipman demonstrated once again why he never should have been nominated to head ATF.  Rob did a great job explaining why regulating kits used to build privately owned firearms should not be regulated by the federal government.  If you are interested, in the entire program, you can find that by clicking here.