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Showing posts with label handgun rationing. Show all posts
Showing posts with label handgun rationing. Show all posts

Friday, March 6, 2020

Washington Free Beacon: Virginia Gun Sales Surge as Dems Pass Gun Control

Stephen Gutowski at the Washington Free Beacon writes that firearm sales in Virginia surged as Democrats in the General Assembly were busy passing new gun control laws:
Nearly 66,000 background checks were performed in Virginia in February as the state's Democratic-controlled legislature weighs a number of strict background checks—a steep increase from the 40,381 checks performed in February 2019. Virginia experienced one of the most dramatic upticks in background checks—a strong indicator of total sales—in the nation, according to data released by the National Shooting Sports Foundation (NSSF). Gun sales are up nationwide with average growth rates of 16.7 percent, according to the report, but the surge was especially dramatic in Virginia where checks rose by 63.4 percent compared to 2019.

The spike in Virginia gun sales, which have increased for four consecutive months, shows that guns remain at the forefront of many residents' minds. While Democrats dropped a proposal to ban so-called assault weapons after facing public backlash from Second Amendment activists, they have moved forward on seven other gun-control measures; five have already passed through both chambers while two more are slated for a conference committee. The remaining proposals—including a red flag bill, a one-gun-a-month purchase limit, and a universal background check bill—appear to be enough to drive Virginians to their local gun stores.
The story quoted a representative of the National Shooting Sports Foundation (NSSF) as saying the increased sales numbers should send a clear message to lawmakers as they weigh additional restrictions.
"They see that their elected representatives are infringing on their Second Amendment rights and they're buying the firearms they want to provide for their own protection."
The General Assembly is scheduled to wrap-up work tomorrow. A number of bills, including reinstating handgun rationing and a red flag law are already on their way to the Governor. The handgun rationing bill does include an exemption for people who have a Concealed Handgun Permit (CHP) so expect the number of people with permits to increase along with the sales that have already surged.

Bills Slowly Move Out of Conference Committee

Several bills moved out of conference on Thursday:

HB 2 Firearm transfers; criminal history record information checks, penalty. This bill was amended by the Senate to only require background checks on the sale of firearms, loaning a firearm to a friend or neighbor, or giving a firearm as a gift would not require a backgound check. Today, the Conference Committee recommended that the Senate Amendment in the Nature of a Substitute (Senate Version of the bill) be accepted to resolve the matter under disagreement. 03/05/20 House: Conference report agreed to by House (54-Y 44-N) The Senate still needs to vote.

SB 70 Firearm transfers; criminal history record information check, penalty. No conference report has been provided but it is expected to be the same result as HB2.

HB 1499 Virginia Gun Violence Intervention and Prevention Fund; created. The Senate Version of the bill removed all references to "gun violence" and simply created the "Virginia Violence Intervention and Prevention Fund. Today, the Conference Committee recommended that the Senate Amendment in the Nature of a Substitute be rejected and that the engrossed House bill be accepted to resolve the matter, which reinserts all references to "gun violence" as it was introduced. 03/05/20 House: Conference report agreed to by House (64-Y 34-N) The Senate Still needs to vote.

Thursday the Senate agreed to the House amendments to the companion bill of HB1499, SB248, on a vote of (23-Y 17-N) which now puts both bills in the same status.

HB 812 Handguns; limitation on purchases, penalty. (Handgun rationing). The Senate amended this bill to include an exemption for concealed handgun permit holders as the Senate version included. Today, the Conference Committee recommended that the Senate Amendment in the Nature of a Substitute be accepted to resolve the matter. 03/05/20 House: Conference report agreed to by House (51-Y 48-N). The Senate still needs to vote.

SB 69 Handguns; limitation on purchases, penalty. The Conference Committee Recommended that the House Amendment in the Nature of a Substitute be rejected and that the Senate engrossed bill (that included the exemption for concealed handgun permit holders) be accepted to resolve the matter under disagreement. 03/05/20 House: Conference report agreed to by House (52-Y 47-N). The Senate still needs to vote.

SB 71 Firearms; possession on school property. No conference report has been presented.

SB 263 Concealed handgun permits; demonstration of competence, effective date. The House had amended this bill to remove all references to NRA Certified Training as an acceptable demonstration of competence in addition to removing the option for online training. The House had already accepted the Senates changes to the companion bill which had added NRA Certified Training back to the bill and only removed the online training option. The Conference Committee recommended the original Senate bill. This means that both version now include NRA Certified Training as an option for demonstrating competence. The House approved the conference report yesterday. The Senate has not voted.

SB 64 Paramilitary activities; penalty. Provides that a person is guilty of unlawful paramilitary activity if such person brandishes a firearm or any air or gas operated weapon or any object similar in appearance while assembled with one or more persons with the intent of intimidating any person or group of persons with any firearm, any explosive or incendiary device, or any components or combination thereof. Such unlawful paramilitary activity is punishable as a Class 5 felony. 03/05/20 House substitute agreed to by Senate (21-Y 19-N).

The Session is nearing its end. Expect the Senate to vote on the conference reports today.

Wednesday, February 26, 2020

Legislative Update - Senate Passes Remaining House Gun Bills

The following bills were on today's Senate Floor Calendar:

Unfinished Business Senate
SB 69 Handguns; limitation on purchases, penalty. - Yesterday, the  House insisted on the substitute that removed exemption for concealed handgun permit holders, and requested a conference committee. No action was taken in the Senate today.

SB 263 Concealed handgun permits; demonstration of competence, effective date. The Senate acceded to the request for a conference and appointed Senators: Bell, Deeds, Stuart.  Awaiting House Conferees

SB 593 Licensed family day homes; storage of firearms. Senate acceded to request for a conference and appointed Senators Hanger, McClellan, Stuart. Awaiting House conferees.

Senate - House Bills on Third Reading -  These bills were conformed to the Senate Companion bills in Senate Judiciary on Monday (with the exception of HB9 and HB1083)  which the senate versions were defeated before crossover.

HB 2 Firearm transfers; criminal history record information checks, penaltyPassed Senate with substitute (23-Y 17-N)

HB 9 Firearms; reporting those lost or stolen, civil penalty. This bill was amended on the floor to change the required reporting time from 24 to 48 hours.  Lt. Governor Fairfax cast the tie breaking vote. Bill passed 21-20.

HB 264 Concealed handgun permits; demonstration of competence. This bill was amended in Senate Judiciary to include NRA Certified Training as an approved training.  Passed Senate with substitute (21-Y 19-N)

HB 421 Firearms, ammunition, etc.; control by localities by governing possession, etc., within locality. This bill was amended on the floor to exempt ROTC and other higher education programs using firearms. Passed Senate with substitute with amendment (22-Y 18-N)

HB 674 Firearms; removal from persons posing substantial risk, penalties. ("Red Flag" bill) Passed by for the day

HB 812 Handguns; limitation on purchases, penalty. Passed by for the day

HB 1004 Protective orders; possession of firearms, surrender or transfer of firearms, penalty.

HB 1080 Firearms or other weapons; unauthorized to possess on school property. Passed Senate with substitute (22-Y 18-N)

HB 1083 Minors; allowing access to firearms, This bill was amended in committee to reduce the penalty from a Class 6 Felony to a Class 1 Misdemeanor.  The current penalty is a Class 3 Misdemeanor.  It also keeps the age at 14 which is current law instead of raising it to 18 as introduced. Passed Senate with substitute (22-Y 18-N)

House of Delegates:
The following Senate bills were on the House Calendar today on final passage. 

SB71     Firearms; possession on school property - Conformed to the House version  Passed House with substitute (54-Y 46-N)

SB173   Stun weapons; prohibits possession on school property, exemptions. (VSSA supports this bill) - House BLOCK VOTE (100-Y 0-N)

SB70  Firearm transfers; criminal history record information check, penalty. This was conformed to the House version which requires a background check on sales and transfers.  The Senate version only required them on sales.  Passed House with substitute (54-Y 46-N)

SB240 Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties.  Red Flag bill.  This bill was changed in the House to remove some of the due process protections added in the Senate.  In Senate Judiciary the House version was amended and brought more in line with what the House did to SB240. Passed House with substitute (53-Y 47-N)

SB479   Protective orders; possession of firearms, surrender or transfer of firearms, penalty. Passed House with substitute (56-Y 41-N)

SB14      Trigger activators; prohibition, penalty. This bill as amended in the Senate restates the Federal "bump stock" ban  House: Passed House (55-Y 45-N)

Both the House and the Senate are still in session as this update is being being posted.   As soon as additional conferees are appointed, they will be posted here on the blog.

Thursday, February 13, 2020

Three Senate Gun Control Bills on House Public Safety Docket Friday Morning

Three of the five gun control bills that passed the State Senate prior to Crossover are on tomorrow morning's docket in House Public Safety. All three of the bills passed the Senate in a different form than they passed the House. The bills are:

SB69 Handguns; limitation on purchases, penalty. This bill includes an exemption from the one handgun-a-month limit for individuals who possess a concealed carry permit. The House bill does not include this provision. The question is will they conform the Senate bill to what passed the House.
SB263 Concealed handgun permits; demonstration of competence, effective date. Like SB69, this bill passed the House in a different form. The Senate bill did not remove references to NRA Certified Training.
SB593 Licensed family day homes; storage of firearms.

Monday's Senate Judiciary docket will be posted tomorrow. We will update members as soon as it is posted.

Tuesday, January 28, 2020

Friday's Gun Control Bills on 1st Reading in House

There were nine bills scheduled to be on the agenda for the House Public Safety Firearms Subcommittee this morning but the meeting was cancelled.  However, the gun control bills that were reported out of committee on Friday will be on 1st reading in the House with final passaged expected on Thursday.  Those bills are:
House Bill 2  - "Universal" Background Checks would criminalize private transfers of firearms without first paying fees, with limited exceptions. Most transfers between friends, neighbors, or fellow hunters are not exempted. These proposals would have no impact on crime and are completely unenforceable.  This bill is different than what passed earlier in the Senate.
House Bill 9 Requires the reporting of lost or stolen firearms within 24 hours of gaining the knowledge that this has occurs.  This bill victimizes gun owners who suffer loss or theft of their property with a fine if they don’t report a lost or stolen firearm within 24 hours of discovering them missing.
House Bill 421 Rolling back pre-emption.  This bill allows local governments to enact their own gun control ordinances, potentially resulting in a patchwork of laws and the Second Amendment not being protected across the state.  It goes much further than the bill that passed the Senate earlier.
House Bill 1083 Minors access to firearms.  This bill severely restricts parental decisions about firearms in the home while attaching excessive penalties for violations.
House Bill 674 ""Red Flag" bill.  This bill allows the seizure of an individual’s firearms on baseless accusations without a hearing or other opportunity for the person to be heard in court. It permits the government to seize firearms based on weak evidence and nebulous standards of evidence.  While the Senate bill that passed last week is bad (HB240) is bad  this bill is much worse.

House Bill 812 Handgun rationing (one gun-a-month) arbitrarily rations an individual’s right to lawfully purchase a handgun to once within 30 days.  This bill is different than what passed the Senate as HB812 does not include an exemption for people with a concealed handgun permit.

Please continue to call and email your delegate and urge them to opposed these bills.

On the Senate Calendar on Final passage today is SB 479 Protective orders; possession of firearms, surrender or transfer of firearms, penalty.  This bill takes away the right to possess a firearm if an individual is subject to a permanent protective order that does not deal with family abuse.

There is one good bill on final vote today in the State Senate - SB 173Prohibition on possession of stun weapon on school property; exemption for holder of concealed handgun permit. Allows the holder of a valid concealed handgun permit to possess a stun weapon on school property while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school.  This bill reported out of committee unanimously last Wednesday.  Please contact you Senator and urge them to support this bill.

Also, please continue to contact your delegate and urge them to oppose HB961 - the Governor's bill to ban the future sale of modern sporting rifles and handguns that are capable of holding a magazine larger than 10 rounds.  This bill would ban most of the firearms currently sold in Virginia and would require you to register existing firearms that you own that fit the description in the bill.

Wednesday, January 9, 2019

TRS: Governor Northam's "Assault Weapon" Ban Would Include Rifle That is Favorite of Boy Scouts

The Republican Standard blog has this piece that points out how Governor Northam's "common sense gun safety" proposals would prohibit rifles that are standard for Boy Scout marksmanship training.
Among the bills in the sweeping proposal is one which the governor said, according to his announcement, “modifies the definition of assault firearm to any firearm that is equipped with a magazine that holds more than 10 rounds of ammunition.”

Northam’s proposal would “ban the sale, purchase, possession, and transport of assault firearms in the Commonwealth,” according to the announcement.

The measure is not the same as a magazine capacity restriction, which bans possession of the magazines themselves, depending on capacity. Similar magazine bans were introduced by lawmakers in previous years, and may resurface in 2019.

Detachable magazines are interchangeable on semiautomatic firearms. Consequently, any firearm which accepts detachable magazines is equipped to fire more than 10 rounds in a detachable magazine of varying size, and would be banned.

Detachable magazines are used in common firearms, from the AR-15 to the 10/22, the common .22 rifle used by scouting groups and other youth, which even comes in an edition officially licensed by the Boy Scouts of America.
Also note that Northam's bill would ban not only the sale, but also the possession of, so-called "assault rifles" in the Commonwealth. This means that the Governor would expect the hundreds of thousands of Virginians that own the rifles to turn them in.  Lt. Governor Justin Fairfax campaigned on a platform to confiscate firearms in 2017 so it would not be out of the whelm of possibility for the Governor to pick up that mantle.

In related news, VSSA Life Member and Second Amendment attorney Steve Halbrook told Dana Loesch yesterday that Governor Northam's gun ban proposals are just one more step of trying to "Californacate" Virginia.

If this is not enough to prove that the 2019 General Assembly elections will determine if Virginia's gun owners begin to face what California and New Jersey gun owners already face, nothing will.

Monday, January 7, 2019

Governor Northam Outlines Gun Control Policy For General Assembly

On Friday Governor Ralph Northam rolled out the gun control bills he will be pushing in the 2019 General Assembly. WHSV in Harrisonburg has the story here.
Included in the package of seven bills is a so-called "universal background check" bill with the goal of prohibiting the private sale of firearms, firearm confiscation without due process via so-called "red flag law", reinstate Virginia’s handgun rationing law, prohibit individuals subject to final protective orders from possessing firearms; ban modern sporting rifles; prevent children from accessing firearms; and require individuals to report lost or stolen firearms to law enforcement.  All of these proposals have failed in the past.  But Virginia's once strong pro-rights majority in the House of Delegates is down to a one member majority with the same in the State Senate.  It is not certain if Republicans will remain unified in opposing the "red flag" bill.  A similar measure was passed by the Republican majority legislature in Florida and signed by Republican Governor Rick Scott after the Parkland school shooting.  The 2019 General Assembly gavels into session on Wednesday January 9th.

Friday, January 26, 2018

House of Delegates Subcommittee Shuts Down Northam Gun Control Legislation

If you follow VSSA's Twitter and Facebook feeds, you already know that last evening the Militia, Police and Public Safety Committee Subcommittee #1 dealt a major blow to Governor Northam's attempts to remake Virginia in the image of New Jersey and California.  The VSSA legislative team was live tweeting the results as they occurred and every gun control bill on the docket was defeated.  In all, 15 bills were on the docket, including a bill to ban bump stocks (HB41),  bills criminalizing private firearms sales (HB140) (HB721)(HB977)(HB1373)(HB717), bills to reinstate handgun rationing (HB353) (HB650), bills to limit the size of ammunition magazines to no more than 10 rounds (HB596) (HB1145)(HB927), and a bill requiring a permit to purchase handguns (HB 1143).  There was also a bill holding the seller of a privately owned firearm civilly libel if the firearm was transferred without a background check and is later used in a crime.  Finally, HB498, a bill that would have rolled back the out of state concealed carry reciprocity agreement by Governor Terry McAuliffe and the General Assembly last year also was defeated.  You can see the entire list of bills and the result of each committee vote by clicking here.

There is still some firearm related legislation in the House that will be heard next week, but the results last night are a good sign for the handful of bills that were reported by Senate Courts of Justice and awaiting action in Senate Finance.  One of those bills is a bump stock ban.  The fact that the House subcommittee handily defeated the House version of the bill means that even if it does pass the Senate, it will likely meet it's doom in the House.

Thanks to everyone that answered responded to the request on Wednesday to contact committee members and made their voices heard on the above bills.

In news from the State Senate this week, one bill has been approved by the Senate (SB372), which repeals the statutory prohibition on carrying a gun, pistol, bowie knife, dagger, or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held.  The bill passed 21-18 and is now awaiting action in the House of Delegates.

The VSSA legislative team remains active even though most all of the gun ban legislation has been defeated.  Continue to check this blog, as well as the VSSA Twitter and Facebook feeds for updates.

Wednesday, January 24, 2018

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.

Wednesday, January 17, 2018

Handgun Rationing, Other Gun Control Bills Die in Senate Courts

During a long afternoon meeting of Senate Courts, a number of gun control bills were defeated today, including a bill to reinstate handgun rationing (one handgun-a-month).  The following bills were defeated today:
  • SB653 Requiring someone to have expressed permission to carry in church.
  • SB 742 Prohibits any person from importing, selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition stricken from the docket 
  • SB434, Bill requiring a 15 year waiting period for a felon whose other rights have been restored to be able to petition for gun rights restoration. 
  • SB811 Protective orders; possession of firearms; surrender or transfer of firearms.
  • SB155 Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components or a combination thereof at any regular or special meeting of such local governing body. Defeated.
  • SB442 Provides that any person who leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. 
  • SB385 Reinstating One Handgun-a-month.
Several Pro-gun bills failed to advance:
  • SB351 Firearms in locked vehicles; immunity from liability. Passed by for the year.
  • HB338 Allows a person who may lawfully possess a firearm or ammunition for a firearm to carry a firearm or ammo for a firearm into an area courthouse that is being used exclusively for purposes other than judicial proceedings outside of the courthouse's normal hours. PBI 12-1
  • SB493 Allows any person who possesses a valid Virginia concealed handgun permit or a concealed handgun permit from another state that is recognized by Virginia to carry a concealed handgun at public institutions of higher education. PBI 8-6
There were a couple of pro-gun bills that were reported or reported and referred to Finance:
  • SB372 Repeals the statutory prohibition on carrying a gun, pistol, bowie knife, dagger, or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place. Reported 9-6
  • SB350 Extends from five to 15 years the validity of a concealed handgun permit. Reports 15-1 and referred to Finance
Two additional bill were heard and advanced:
  • SB79 Adds public, private, or religious preschools and child day centers to list of places firearms prohibited. Reported 9-6 and referred to finance.
  • SB797 Protective orders; possession of firearms; penalty. This bill passed last year but died in Finance. Reported and referred to Finance 12-3
While the Senate has taken up the bulk of the gun related bills, the House has yet to schedule hearings for the bills in the lower chamber.  VSSA's legislative team continues to work with legislators.  I'll be on NRATV at 4:20 Thursday to discuss today's meeting and legislative results today.  Also, and updates will be posted here on the blog.

More Gun Bills on Senate Courts Docket Wednesday Afternoon

Senate Courts of Justice meets again this afternoon and a number of gun bills are on the Docket, including handgun rationing, rolling back preemption, a bill allowing firearms in church during regularly scheduled services and a bill extending the amount of time a Concealed Handgun Permit is valid from five to 15 years.  Below is the complete list.

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

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

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

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

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

Patron: Chafin
Carrying dangerous weapon to place of religious worship. Repeals the statutory prohibition on carrying a gun, pistol, bowie knife, dagger, or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place.

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

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

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

Patron: Reeves
Use or display of firearm during commission of a felony; killing or injuring police animals; penalty. Adds maliciously shooting, stabbing, wounding, or otherwise causing bodily injury to or administering poison to any animal used or trained by a law-enforcement agency, regional jail, or the Department of Corrections to the list of felonies for which a separate penalty is prescribed if a firearm is used during the commission of the offense.

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

Patron: Hanger
Expansion of courthouses to contiguous property. Provides that expansion of a courthouse to contiguous land within the same county or city shall not trigger a referendum requirement. The existing statute refers only to relocation within the same county.

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

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

Patron: Howell
Protective orders; possession of firearms; penalty. 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 subjecting another person to an act of violence, force, or threat to possess a firearm while the order is in effect, which is equivalent to the existing penalty for possession of a firearm by a person subject to a permanent protective order for family abuse. The bill 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.

Patron: Marsden
Protective orders; possession of firearms; surrender or transfer of firearms. Provides that a court shall order a person subject to a protective order to (i) surrender any firearm possessed by such person to the local law-enforcement agency of the county or city where such person resides or to sell or transfer any firearms possessed by such person to a firearms dealer within 24 hours after being served with a protective order or (ii) certify in writing that such person does not possess any firearms and file such certification with the clerk of the court that entered the protective order within three days after being served with a protective order. The bill also provides that within 48 hours after surrendering or selling or transferring all firearms, such person shall certify in writing that all firearms possessed by such person have either been surrendered or sold or transferred and file such certification with the clerk of the court that entered the protective order.

I also had the opportunity yesterday to speak with Cam Edwards of NRATV's Cam and Company and give a legislative update.  Bills have yet to move in the House but the Senate is moving quickly to dispose of firearm related bills.  The last day to introduce legislation if Friday. 

Thursday, April 6, 2017

General Assembly Veto Session Wrap-up

Photo by Richmond Times-Dispatch
Though it is disappointing, it is not completely unexpected that Governor McAuliffe's vetoes of several firearm related bills were upheld, as attempts in both the House and Senate fell one or more votes short of an override.  Here is how the Virginian Pilot described it:
At veto ceremonies, Gov. Terry McAuliffe often calls himself the “brick wall” against what he calls bad bills delivered by the Republican-controlled General Assembly.

GOP lawmakers didn’t have enough sledgehammers to break down that wall Wednesday during a one-day session in which lawmakers handled budget amendments and addressed the governor’s vetoes.

And now, McAuliffe is the most successful brick wall in Virginia history – 111-0 in vetoes.

That’s 21 more vetoes in an administration than Gov. Jim Gilmore’s 90 in the late 1990s.

McAuliffe also takes the single-year record with 40, beating Gilmore’s 37 vetoes in 1998.
Votes were largely along party lines on the 40 vetoed bills, but some Democrats did join with Republicans in a few votes.  The one bright spot was McAuliffe's attempt to reinstate handgun rationing failed.  Unfortunately, the underlying bill, SB1023 will likely be vetoed now that the substitute was returned as being unconstitutional.  Governor McAuliffe said after all of the firearm bill vetoes were upheld:
“We blocked bills that would have injected firearms into volatile domestic violence situations, making victims less safe, not more. Others would have created an unwarranted expansion of persons allowed to carry concealed handguns, including service-members considered by the military as unqualified to bear arms to be issued a concealed carry permit.

“While we successfully stopped legislation that would have threatened the safety of Virginians, I am disappointed that the General Assembly did not reinstate Virginia’s One-Handgun-a-Month law. The legislature’s ill-advised step to repeal this common-sense policy has made Virginia a go-to state for criminals to purchase weapons in bulk again. You needn’t look further than the 627-count gun-trafficking indictment earlier this month that included 22 Virginians. One of those suspects even bragged on a police wiretap about how easy it was to acquire guns in Virginia. By preventing the reenactment of this rule, Republicans have ensured the Commonwealth will continue a negligent approach to preventing gun crime.”
The Second Amendment related bills that were vetoed are:

HB1432/SB1347 Switchblade knife; exception to carry concealed.
HB1582/SB1362 Concealed handgun permits; age requirement for persons on active military duty.
HB1852/SB1299 Concealed handguns; protective orders.
HB1853/SB1300 Victims of domestic violence, etc.; firearms safety or training course.

SB1023, a bill that limited the sharing of concealed handgun permit holder information with states that do not have reciprocity with Virginia, was amended in the nature of a substitute to reinstate handgun rationing and was an effective veto as McAuliffe knew it was not going to be approved.  Because the State Senate ruled the change to the originating bill was unconstitutional, it now goes back to the Governor where he will likely veto the underlying bill.  McAuliffe has previously vetoed similar legislation.

Yesterday illustrates how important it is that gun owners band together to elect a pro-gun governor this year.  We have passed a number of pro-rights bills in the last four years only to see them vetoed by McAuliffe.  Now is the time to elect a pro-rights Governor, Lt. Governor, and Attorney General so that we can go on offense in the next General Assembly and pass into law the bills that McAuliffe has vetoed, as well as pass other pro-rights legislation.

Tuesday, March 28, 2017

McAuliffe Substitutes Handgun Rationing for SB1023 CHP Privacy

Photo by Richmond Times-Dispatch
In the final day to act on 2017 legislation, Governor Terry McAuliffe sent back an amendment in the nature of a substitute to SB 1023, Senator Richard Stuart's bill to protect the privacy of Concealed Handgun Permit (CHP) holders when they are traveling in states that do not have reciprocity agreements with Virginia.  The Richmond Times Dispatch has more:
In a statement announcing the proposal, McAuliffe, a Democrat, cited a 627-count indictment that charged 22 Virginians with running more than 200 guns bought in Virginia north to New York and selling them to an undercover officer. One of the suspects was overheard on wiretaps mocking Virginia’s gun laws, saying he could buy as many guns as he wanted.

McAuliffe said in a statement: “One-handgun-a-month was enacted almost a quarter century ago to counter Virginia’s shameful reputation as the gun-running capital of the East Coast. Five years ago, the General Assembly took the ill-advised step of repealing this commonsense limitation. As a result, Virginia is once again becoming the go-to state for criminals to purchase weapons in bulk.”

The governor’s proposal elevates the repealed law as a political issue in an election year, but it will likely face a hostile reception when the General Assembly reconvenes for the April 5 veto session.

McAuliffe is seeking to tack his amendment onto Senate Bill 1023, sponsored by Sen. Richard H. Stuart, R-Stafford. Stuart’s measure would bar sharing information regarding Virginia concealed-handgun permits with law enforcement in states that do not recognize a Virginia concealed-handgun permit as valid. The bill already passed both chambers of the General Assembly.

Stuart called it unfortunate Monday evening that he hadn’t seen the amendment. The governor’s office announced it late Monday afternoon.

“I also find it unfortunate that the governor chooses to place his priorities with New York City instead of the citizens of Virginia,” Stuart said in an email. “This bill was to protect Virginians that are in lawful possession of a firearm from being arrested by out-of-state jurisdictions that don’t give reciprocity to our concealed-carry permit. The bill very simply is designed to protect the people that are playing by the rules.”
Delegate Todd Gilbert is correct that this is just a political stunt.  SB1023 passed by veto proof margins in both the House of Delegates and the State Senate.  It is not clear those margins would have held had McAuliffe just vetoed the bill but he clearly wanted to try and continue to score political points off of the New York gun traffickers a couple weeks ago.  The amendment has little chance of succeeding.

I'll be on NRATV talking more about this with Cam Edwards of NRANews Cam and Company at 2:40 today.

Update: Yesterday's discussion with Cam Edwards: