Firearm Related Bills on the Docket in Militia, Police and Public Safety Subcommittee on Thursday.

The House Militia, Police and Public Safety Subcommittee #1 will meet tomorrow afternoon at 4:00PM and VSSA's lobbying team will be there.  The bills on the docket are all anti-rights:

H.B. 1548 Concealed handgun permit; revocation of permit if delinquent in child support payments.
Patron: Hope
Revocation of concealed handgun permit; delinquency in child support payments. Provides for the revocation of an individual's concealed handgun permit if such individual (i) has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings or (ii) is delinquent in the payment of child support by 90 days or more or in an amount of $5,000 or more. If the obligor remedies the delinquency, reaches an agreement with the obligee or Department of Social Services to remedy the delinquency, or complies with the subpoena, summons, or warrant, he may reapply for a concealed weapons permit.

H.B. 1604 Firearms; criminal history record information check, penalties. Patron: Plum
Transfer of firearms; criminal history record information check; penalties. Adds a definition of "firearms show vendor" or "vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also requires that the promoter of a firearms show provide vendors access to licensed dealers who will conduct the criminal history record information check.

H.B. 1671 Purchase of handguns; limitation on handgun purchases; penalty. Patron: Simon
Purchase of handguns; limitation on handgun purchases; penalty. Prohibits individuals who are not licensed firearms dealers from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) law-enforcement agencies and officers, (ii) state and local correctional facilities, (iii) licensed private security companies, (iv) persons who hold a valid Virginia concealed handgun permit, (v) persons whose handgun has been lost or stolen or who are trading in a handgun, (vi) purchases of handguns in a private sale, and (vii) purchases of antique firearms.

H.B. 1801 Firearms; display or distribution of information at shows. Patron: Spruill
Display or distribution of information at firearms shows. Requires a vendor or exhibitor at firearms shows to display at his booth or table a sign that contains his full legal name, the name and address of the business, if applicable, and his telephone number. The bill also provides that no vendor or exhibitor in the show may advertise that he is not required to obtain criminal history record information for potential customers or any other substantially similar statement.

H.B. 1864 Firearms show; State Police list of vendors or exhibitors. Patron: Rasoul
Firearms show; State Police list of vendors or exhibitors. Requires a promoter of a firearms show to include in his list of vendors or exhibitors submitted to State Police information regarding whether a vendor or exhibitor was selling or transferring a firearm and the vendor or exhibitor's dealer identification number, if applicable.

H.B. 1904 Firearms; penalty when accessible by children. Patron: Lopez
Firearms; access by children; penalty. Provides that it is a Class 1 misdemeanor to knowingly authorize a child age four or younger to use a firearm or pneumatic gun.

H.B. 1909 Firearms magazines, certain; prohibition of sale, transfer, etc., penalty. Patron: Lopez
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 for exceptions to the prohibition, including the owner's registration with the Department of State Police following a criminal history record information check. The willful or intentional making of a materially false statement on the consent form required by the processes required for a criminal history record information check will subject the person making such statement to a $250 fine. The bill also provides that a registrant is limited to three large capacity magazines and must otherwise dispose of all magazines in excess of the limit. Finally, the bill outlines the registration process for anyone who owns a large capacity magazine.

H.B. 1923 Firearm transfers; criminal history record information checks, penalty. Patron: Murphy
Transfer of firearms; 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 a firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, and transfers by the executor or administrator of an estate or by the trustee of a testamentary trust.

H.B. 1997 Purchase of handguns; limitation on handgun purchases; penalty. Patron: Morrissey
Purchase of handguns; limitation on handgun purchases; penalty. Prohibits individuals who are not licensed firearms dealers from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) law-enforcement agencies and officers, (ii) state and local correctional facilities, (iii) licensed private security companies, (iv) persons who hold a valid Virginia concealed handgun permit, (v) persons whose handgun has been lost or stolen or who are trading in a handgun, (vi) purchases of handguns in a private sale, and (vii) purchases of antique firearms.

H.B. 2085 Firearms; purchase, possession, or transportation following convictions for certain misdemeanors. Patron: Murphy
Purchase, possession, or transportation of firearms following convictions for certain misdemeanor crimes; restoration of rights; penalty. Prohibits a person who has been convicted of stalking, sexual battery, assault and battery of a family or household member, brandishing a firearm, or two or more convictions of assault and battery from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crimes may petition the circuit court for a reinstatement of his rights to purchase, possess or transport a firearm.

H.B. 2232 Persons involuntarily admitted or ordered to outpatient treatment; purchase, etc., ammunition. Patron: Surovell
Purchase, etc., of ammunition by persons involuntarily admitted or ordered to outpatient treatment; penalty. Provides that it is a Class 1 misdemeanor for a person who has been involuntarily admitted or ordered to outpatient treatment or who agreed to voluntary admission after being the subject of a temporary detention order to purchase, possess, or transport ammunition for a firearm. Current law only applies to the purchase, possession, or transportation of the firearm itself.

Keep up with the results live by following VSSA's Twitter and Facebook feeds.

All Anti-rights Bills Defeated in Senate Courts of Justice

After almost four hours, Senate Courts of Justice wrapped up a meeting that was dominated by consideration of firearm related bills.  The Committee defeated all of the anti-rights bills before the committee and move forward a handful of pro-rights bills. 

Update: At the time this was originally posted, it appeared that SB943 had passed the committee and been referred to Finance but a full vote recount was done and it failed miserably, so all of the bad bills heard today died.
Below is the list of bills bad bills that failed in Senate Courts this morning:

SB 768 - McEachin bill outlawing private sales - Defeated.

SB 798 Reinstating handgun rationing - Defeated.

SB 909 Prohibiting anyone subject to a protective order from possessing a firearm, without the protections of due process - Defeated.

SB 943: Prohibits a person who has been convicted of stalking, assault and battery of a family or household member, or sexual battery from possessing or transporting a firearm. - Defeated*

SB 993 Prohibiting private transfer of firearms - Defeated.

SB 1108 - Revocation of CHP for delinquent child support - Defeated.

SB1178 Containing numerous anti-rights provisions - Defeated. 

SB 1179 Criminalize teaching children 4 or younger to use firearms or BB guns - Defeated.
 

SB 1429: Removal of firearms without due process by law enforcement or commonwealth attorney from persons posing substantial risk - Defeated.

There were also some good bills that were reported out of committee:

SB 689 - Lifetime CHPs -  Reported and referred to Senate Finance.

SB 1132 - Exception to the crime of possessing a firearm on school property if a person has a valid concealed handgun permit and possession of a concealed handgun occurs outside normal school hours. The bill also provides an exception if a person with a concealed handgun permit stores a concealed handgun in a motor vehicle in a parking lot, traffic circle or other means of vehicular ingress or egress to the school; current law allows possession while the person is in the motor vehicle in one of those areas.  - Reported.

SB1137 - Provides that lawful concealed carry permit holders shall not be subject to the provisions of certain local ordinances that make it unlawful for any person to transport, possess, or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality - Reported

SB1155 - Replaces current requirements that law-enforcement agencies report information regarding confiscated firearms to the Department of State Police with a requirement that information be reported to a firearms tracing system maintained by the U.S. Department of Justice. The bill requires law-enforcement agencies to return stolen firearms to the rightful owner unless the person is prohibited from possessing the firearm or it is needed in a criminal prosecution. - Reported.  

SB1191 - Amends statute that makes it a Class 6 felony to possess a firearm on school property or school bus to require that the person must have knowingly possessed the firearm- Reported

Finally, Senator Dick Black's bill  (SB 828) that would have allowed firearms on the property of private and religious schools was stricken from the docket.

All of the bills reported this morning with the exception of SB 943 and SB 689 are headed to the full Senate for a final vote that will likely take place Wednesday or Thursday.  SB 943 and SB 689 must be taken up in Senate Finance to determine their fiscal impact.

Please contact your state senator and urge him or her to vote for the list of good bills above.


*Note: This is an edited version of a post from January 26th. When this was originally posted, based on initial votes in the committee, it was believed SB 943 had been reported by the committee and referred to Senate Finance.  VSSA tweeted live as did another gun rights group and gun ban advocate that the bill had reported.  When the votes were posted by the Senate clerks office, SB943 had been soundly defeated.  The Washington Post reported on January 27 that due to the confusion, the committee will vote on the bill a second time.
 

State Senate Early Home for Gun Control Bills in 2015

The Virginia General Assembly convenes on Wednesday at noon. Of the bills pre-filed so far, the State Senate is clearly the battleground.  A quick look at the bills assigned to Senate Courts of Justice shows us that the gun ban crowd will again attempt to ban all private sale of firearms (SB 768), reinstate gun rationing (SB 798), and the annual so-called "gun show loophole" bill (SB 694).  On the positive side, a bill creating lifetime concealed handgun permits (SB 689) has also be introduced.  So far, there have been no anti-rights bills referred to the House Militia, Police and Public Safety Committee.

Check this blog and the VSSA Twitter feed daily for updates on legislation when the General Assembly convenes.

Gun Ban Lobby Looks to States to Make Progress

The New York Times had this article last Friday on how the gun ban lobby is looking to states to try and get what they can't get at the federal level:

After a victory in November on a Washington State ballot measure that will require broader background checks on gun buyers, groups that promote gun regulations have turned away from Washington and the political races that have been largely futile. Instead, they are turning their attention — and their growing wallets — to other states that allow ballot measures.  

An initiative seeking stricter background checks for certain buyers has qualified for the 2016 ballot in Nevada, where such a law was passed last year by the Legislature and then vetoed by the governor. Advocates of gun safety — the term many now use instead of “gun control” — are seeking lines on ballots in Arizona, Maine and Oregon as well.

The story also mentioned Terry McAuliffe's effort to push gun control during the 2015 General Assembly:

Last month, Gov. Terry McAuliffe of Virginia, which has been the source of many illegally obtained guns in other states, proposed the restoration of the state’s limit on handgun sales to one a month to slow the “iron highway,” a nickname for gunrunning up Interstate 95 to states to the north. He would also seek mandatory background checks on gun sales at firearm shows, and end issuing gun permits to anyone restrained under domestic violence orders of protection.

“I own three guns,” said Mr. McAuliffe, a Democrat. “I love to take my three boys hunting. This is not gun restriction, this is anticrime. I couch it in economic terms.”

The thing is, nothing McAuliffe has proposed, which include so-called "universal" background checks and gun rationing, will do nothing to reduce crime.  In fact, since the repeal of Virginia's one gun-a-month law in 2012, Virginia's crime rate has continued it's downward spiral.  Between 2006 and 2012, firearm sales increased 101% while crime dropped 28%. 

Thankfully, even Senate Majority Leader Tommy Norment, who voted against repealing Virginia's gun rationing law gave McAuliffe's proposals a thumbs down:

The prospects for his gun proposals did not look great out of the gate. The governor “knows refighting the one-gun-a-month battle will not be productive,” Thomas K. Norment Jr., the Republican majority leader of the Virginia legislature, said in a statement.

It's not just Congress that the gun ban lobby is hoping to go around, in those states that allow referendum, they will look to even get around state legislatures.  Virginia is not one of the 17 states that allow ballot referendum.

VSSA's Repeal of Gun Rationiong Raffle

July 1, 2012 is the day that gun rationing officially ends in Virginia.  To celebrate this great accomplishment, VSSA is raffling the Sig Sauer P250 2Sum in 9mm.

You get a full size frame and a compact frame with one trigger action that you insert so that you can go from full size to compact in a matter of seconds or vice versa.  It's like getting two pistols for the price of one.  All you have to do to get a chance to win this combo is click here to download tickets, complete and mail with your donation to VSSA, PO Box 1258, Orange, VA 22960.  The address is on the raffle tickets. Click here to find out more about this combo.  Prize drawing will be July 1, 2012 so download and send in your tickets now.

RTD: Rancor reigned at 2012 General Assembly

As the legislature has now been notified of Governor McDonnell's actions on the approximately 1600 bills passed during the 2012 session of the General Assembly, and they prepare to vote on a budget for the Commonwealth next Tuesday, a day before the Reconvened Session to act on the Governor's amendments and vetoes, we have one more article telling us about how social issues caused all of the rancor during the 2012 General Assembly.  All of these articles point to repeal of Virginia's gun rationing law, bills requiring voter identification when attempting to cast a vote on Election Day, and pro-life legislation, as a major reason for the partisanship.  University of Virginia Political Scientist Larry Sabato put it like this:

"There's a different tone. It's a more aggressive tone and a much more partisan tone, and I think it's fair to say the partisanship's on both sides," he said.

Sabato is on to something. The Democrats were not happy when Republican Lt. Governor Bill Bolling cast a tie breaking vote to organize the evenly split State Senate with a Republican majority including all important committee chairmanships.  They resorted to asserting control the only way they could, stopping the passage of a state budget, which required 21 votes in the senate.  Bolling does not have the constitutional power to break a tie on budget votes.  They are still threatening to stop passage of a budget next week.

"You ain't got 21 votes in the Senate for a budget — period," Sen. Richard L. Saslaw, D-Fairfax, said late Thursday. "Not now. Not next week. Not next month. Not June. That's the way it is."

We'll know next week if Virginia is going down the road traveled by politicians in D.C.

Media Narrative: Virginia Locked and Loaded

At least for the title of the news story "American Democracy Locked and Loaded" and the lead in being "Virginia is for Lovers - of Guns." The reporters did not talk to anyone from gun ban groups, but given the slant of the story, they didn't need to. The report was complete with decade old footage from the Columbine school shooting. The narrative was written in January - Virginia will once again be gun runners paradise - and you can expect to hear it repeated for the next four months until repeal of gun rationing takes effect.

Quinnipiac University Poll Ties Lower Ratings for McDonnell, Legislature, To Repeal of Gun Rationing

The Richmond Times Dispatch reported this morning that Quinnipiac University has released a poll showing approval ratings for Governor Bob McDonnell and the General Assembly have dropped significantly, and ties the lower rating to the passage and signing of two "controversial" bills including repeal of Virginia's gun rationing law:

“The governor’s numbers are down, from a net positive 34 percentage points last month to a net 21 points today, but he’s still above the 50-percent mark,” said Peter A. Brown, assistant director of the Quinnipiac University Polling Institute. “The controversy over the ultrasound and handgun bills would be a logical explanation for the decline in his approval rating, which had been above 60 percent for much of last year.”

Brown noted that McDonnell is still above 50 percent.  President Obama would probably love to have that 53% rating right now.  And Congress would probably love to have the 38% approval rating that the General Assembly is receiving in the poll.  Brown stated that until this poll, Virginia had been the only state surveyed by Quinnipiac in which the state legislature had received a net positive job approval.

It is refreshing that elected officials are willing to do what is right rather than worry about how it may affect their polls.  Speaking only of the repeal of gun rationing, there was no proof that the law was effective at anything but inconveniencing law-abiding citizens.  A bi-partisan majority in both houses of the legislature (albeit only two Democrats in the Senate) voted to repeal gun rationing.

If you have not already done so, please be sure to contact Governor McDonnell and thank him for signing the bills repealing Virginia's gun rationing law.

Creigh Deeds on Repeal of Handgun Rationing

State Senator Creigh Deeds wrote an Op/Ed for the Augusta Free Press on Friday, February 10, updating his constituients on the progress of the 2012 General Assembly Session.  He had this to say about his vote to repeal Virginia's handgun rationing law:

One of the most divisive issues, however, is the repeal of the one gun a month law. Frankly, I know many of my friends and supporters will disagree with my vote in favor of the repeal.  Anyone familiar with my voting history or my public statements on this matter cannot be surprised.

When the law passed in 1993 I voted no because I thought it would have primarily symbolic value and not effectively deter crime.  I am not convinced that restricting the right to purchase firearms of those who obey the law deters crime.  People intent on violating the law are going to find a way to obtain the weapons they want, so the law only curtails behavior of law-abiding citizens.  Over the years, nothing has convinced me otherwise.  I have not seen empirical data to suggest the law has prevented people intent on committing crime from obtaining weapons.

The Second Amendment guarantees gun possession and ownership as a constitutionally protected personal right.  Limiting that right is a serious matter.  I do not own a handgun and have no desire to purchase one, so I understand the sentiment of proponents of the law inquiring why someone needs more than 12 guns per year.  However, I also cannot understand why one would need to buy six a year, or 24 a year.  Any limit set on this matter is arbitrary.

The reality is, under current law, people can already purchase more than one handgun a month.  During the 19 years after its enactment, numerous exceptions have been granted.  Among those exceptions are collectors, law enforcement officers, private sale and antique purchases, concealed carry permit holders, and private security companies.  In addition, nothing in the law prevents someone from purchasing unlimited numbers of rifles or shotguns.

People tend to talk in platitudes about the one gun a month law.  Either “the law ended gun running from the Commonwealth” or “it was an unreasonable limitation on gun ownership.”  The facts on the gun running claim are not clear.  I have not seen any empirical data suggesting the law significantly reduced the number of guns originating from Virginia involved in crime in other states.  In fact, the anecdotal evidence is mixed at best.   Some will argue that guns involved in crime from New York still come from Virginia; others will argue the rates have diminished.  There is simply not a convincing case to be made that the law effectively deterred gun-related violence.

If you live in Senator Deeds' district, please thank him for his vote.

Virginia's U.S. Senate Candidates on Repeal of Handgun Rationing

From the NBC 4 in Washington:

Kaine, a Democrat, said in a statement:

The long-standing law strikes an appropriate balance between the 2nd amendment rights of Virginians and the public safety interests of our citizens.

Allen, a Republican and Kaine’s main competitor in the Senate race, saying at a  “Sportsmen for Allen” event:

"I'm not in favor of gun rationing," he said. "I wasn't for it when it passed, and I see no need for it."

And from RVANews:

I am very disappointed in the General Assembly’s actions toward repeal of one of Gov. Doug Wilder’s signature achievements,” said Tim Kaine, another previous governor. Kaine is now the Democratic candidate for the U.S. Senate.

“I strongly urge Gov. McDonnell to veto this legislation and urge all of Virginia’s leaders in Richmond to renew their commitment to a focus on jobs and the economy,” Kaine said.
McDonnell has indicated that he would sign the repeal measure.

So, there you have it, Allen, a friend to gun owners; Kaine, a typical anti-rights candidate that talks about a "balanced" approach to restricting our rights.