The Hill: NRA Set to Go On Offense

The Hill's story can be found here:

“For the first time in almost a decade, the NRA is shifting from a defensive stance to a pro-active stance,” NRA spokeswoman Jennifer Baker said. “We’re going from defense to offense.

“Now, we have a pro-Second Amendment Congress, and a pro-Second Amendment president, who will sign pro-Second Amendment legislation. That’s a huge shift.”

Among the NRA's top priorities is passage of concealed carry national reciprocity and the Hearing Protection Act.  If you have been on the NRA web site recently you've probably noticed the first story is about contacting your senators to confirm Senator Jeff Sessions as Attorney General.  Not long after the election, NRANews released this video of Wayne LaPierre titled "Our Time is Now." And, the NRA is anticipating a supreme court pick that will return the number of justices to a pro-Second Amendment majority.  President Trump will announce his pick tonight in a prime-time address to the nation.

The Hill talked with Adam Winkler, a law processor and gun control advocate and he pointed out why the NRA has been so successful:

“One of the things that makes NRA such a political powerhouse is that, by and large, it stays focused on the issue it cares about: guns,” said Adam Winkler, a constitutional law professor at the University of California, Los Angeles. “Whatever Trump might say about women and sexual harassment, that’s just not as interesting to the NRA. They are focused on what Trump will do for guns.”

As Wayne LaPierre said, now is the time.

AP: Gun-rights Backers Vow to Go on Offense During Trump Years

An Associated Press report was carried in several print news outlets over the weekend, picking up the theme of Wayne LaPierre's latest video posted shortly after the election.  In that video, LaPierre told viewers "Our time is now."

The AP story, this one from the San Antonio Express reported:

Firearms enthusiasts who embraced Donald Trump's campaign and his full-throated support of the Second Amendment are expecting a sweeping expansion of gun rights under his administration and a Congress firmly in Republican hands.

At the top of the list is concealed carry "National Reciprocity."  As they have done in the past, the anti-gun crowd says it would be ironic that Republicans who usually support "states rights" would trample them by forcing states to accepted concealed carry permits they did not issue:

In pursuing their agenda, the gun lobby and its GOP supporters could find themselves at odds with two other tenets of Republican orthodoxy: states' rights and local control.

"It would be ironic to see conservatives who long have professed a belief in states' rights override states' choices in this area," said Erwin Chemerinsky, dean of the University of California Irvine School of Law.

Chemerinsky also told the AP that congress probably doesn't have the constitutional authority to order states to recognize concealed carry permits from elsewhere.  Yet, our drivers licenses are good from state to state, and concealed carry reciprocity is the same principle as requiring states to accept drivers licenses.

With the White House and both houses of Congress in pro-rights hands for at least the next two years, now is the time to push our agenda.  We don't know when we will have a better opportunity than this.

Legislation Prohibiting People on "Terrorist Screening Database" From Obtaining Concealed Handgun Permits Among Bills Prefiled at VA General Assembly

On January 13, the Virginia General Assembly will convene.  Bills have steadily been pre-filed since last November's election and there are several bills restricting the rights of gun owners in the hopper. Among them are:

• a bill banning the carrying of firearms in legislative buildings (Governor McAuliffe's executive order did not cover this as the legislature governs legislative buildings);
• a bill prohibiting people on the federal "Terrorist Screening Database from obtaining a concealed handgun permit;
• a bill that prohibits a person who is subject to a protective order from possessing a firearm; currently, such person is only prohibited from purchasing or transporting a firearm. Such conduct is punishable as a Class 1 misdemeanor;
  
• a bill that holds a person civilly liable if someone commits a crime with a firearm due to the civil defendants failure to "adequately secure the firearm rom theft or unauthorized possession;
  
• a bill re-instituting handgun rationing (one gun-a-month);
  
• a bill authorizing any locality to adopt an ordinance regulating or prohibiting anyone from engaging in the business of selling firearms at retail within 1,000 feet of a school; and,
  
• a bill that would institute a so-called "gun violence restraining order" by adding family members who reside with the applicant for a concealed handgun permit to the persons whose statements that the applicant is likely to use a weapon unlawfully or negligently to endanger others may be submitted to the court. Under current law sheriffs, police chiefs, and the attorney for the Commonwealth may submit such statements.

There have been some pro-rights bills pre-filed:

• a bill that removes certain requirements for an out-of-state concealed handgun permit or license to be recognized and accepted in Virginia and instead requires an out-of-state permit or license holder to carry a government-issued photo identification and present his permit or license and such identification upon demand by a law-enforcement officer in order for his out-of-state permit or license to be recognized and accepted in Virginia;
• a bill that permits a school board or an administrator of a private school to designate one or more qualified persons for every school who may carry a concealed handgun on school property.  Any person designated to carry a concealed handgun must be certified and trained by the Virginia Center for School and Campus Safety or the National Rifle Association in the storage, use, and handling of a concealed handgun. The bill also outlines the training requirements for designated persons to be established by the Department of Criminal Justice Services;
• a bill that allows full-time faculty members of public institutions of higher education who possess a valid Virginia concealed handgun permit to carry a concealed handgun on campus;
• a bill that allows Virginia residents to purchase a firearm by presenting only one photo-identification form issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense that demonstrates that the prospective purchaser resides in Virginia. The bill provides that a member of the armed forces whose photo identification issued by the Department of Defense does not have a Virginia address may establish his Virginia residency with such photo identification and permanent orders assigning the purchaser to a duty post, including the Pentagon, in Virginia. Current law requires photo identification and another document that establishes residency, such as a lease or utility bill, and that includes an address that matches the photo identification; 
• a bill that standardizes the certification process across localities that is required by federal law for transfer of a firearm as defined in the National Firearms Act.  Such certification must be provided within 60 days if the applicant is not prohibited by law from receiving the firearm. (Note: this bill may no longer be necessary as the "executives actions" issued by Obama today eliminates chief law enforcement officer sign off);
• a bill that allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.

More bills will be introduced between now and the last day to introduce legislation once the session begins (January 22).  Be sure to check the VSSA web site regularly for legislative updates once the session begins.

Firearm Bills to Be Heard in Militia Police and Public Safety Subcommittee #1 Thursday

The following bills will be heard in the Militia Police and Public Safety Subcommittee #1 on Thursday at 4:00 PM in the 4th Floor West Conference Room of the General Assembly Building:

HB 61 Firearms; purchase and sale of rifles or shotguns, penalties. VSSA Opposes

HB 100 Concealed handgun permits; references to issuance of handgun before July 1, 2008. VSSA Supports

HB 357 Concealed handgun permit applicant; access to information. VSSA Supports

HB 448 Firearms; restoration of rights, report to State Police. VSSA Supports

HB 535 Firearms; criminal history record information check on transferee; penalties. VSSA Opposes

HB 695 Concealed handgun permit; changes to types of firearms safety courses. VSSA Opposes

HB 705 Concealed handgun permits; eliminates certain requirements for an out-of-state permit. VSSA Supports

HB 736 Concealed handgun permits, lifetime; Department of State Police to issue, penalty. VSSA Supports

HB 809 Prohibition of sale, transfer, etc., of certain firearms magazines; fine. VSSA Opposes

HB 810 Firearms; willful discharge, penalty. VSSA Opposes

HB 812 Firearms; criminal history record information checks for sales, penalty.VSSA Opposes

HB 823 Firearms; transfer at gun shows, voluntary background check. VSSA Opposes

HB 828 Concealed handgun permits; completion of firearms safety courses. VSSA Neutral

HB 878 Firearms, certain; law-enforcement officer certification. VSSA Supports

HB 962 Concealed handgun; carrying in a secured container or compartment in vehicle. VSSA Supports

HB 992 Firearms; prohibited in libraries owned or operated by localities. VSSA Opposes

HB 1055 Concealed handgun permits; completion of firearms safety courses. VSSA Neutral

HB 1118 Criminal background check for transfer of firearms; exemption for holders of concealed carry permits VSSA Supports.

Gun owners who can are encouraged to attend and should where business attire.  VSSA's lobbyist will be in attendance and has been working committee members ahead of the meeting.  Check the blog on Thursday for results of the meeting.

2014 General Assembly Convenes

The 2014 Session of the Virginia General Assembly convenes today at Noon and VSSA's lobbyist is there and ready to defend your rights.  There are currently just under 20 firearm related bills pre-filed.  Be sure to check this blog, the VSSA Twitter feed, and the VSSA Facebook Page daily for updates.  The VSSA Legislative Tracking Form will be posted on the website by the weekend.

This year is the long session (60 days) so while legislators have a little more time to take up legislation, things will still move fast.  This year is expected to be as busy as last year with the anti-rights lobby turning to states to try and do what they could not do at the federal level.

Militia & Police Subcommittee 1 Meeting Results

This evening, the House Militia, Police and Public Safety Subcommittee #1 took action on three bills of importance to gun owners. During their meeting the subcommittee unanimously passed both Senate Bill 245, the update to Virginia's Emergency Powers statute,  and Senate Bill 563 a bill that streamlines the concealed handgun permit application process. Both SB 245 and SB 563 will now be considered by the full House Militia, Police and Public Safety Committee tomorrow morning.


In another act supported by pro-gun advocates, this subcommittee also decided to “carry over” until next year one of the few remaining anti-gun bills, Senate Bill 554 by a 4 to 1 vote. Sponsored by state Senator Barbara Favola (D-31), SB 554 would have created a Class 1 misdemeanor for the transportation or possession of firearms within the residence of the alleged victim by persons subject to emergency protective orders issued as a result of an assault and battery against a family or household member.

Legislation is moving quickly in both houses of the legislature as the session races to a final closing date of March 10.

Another Full Agenda in Militia and Police Subcommittee 1 at 5:00 PM

As we draw closer to "crossover" committee agenda's are full.  Tonight's Militia, Police and Public Safety Subcommittee #1 is no exception. Included on the agenda tonight are:

H.B. 797 : Morrissey - Carrying a handgun while under the influence of alcohol or drugs; penalty.  Creates a Class 1 misdemeanor for any person carrying a handgun in a public place while under the influence of alcohol or drugs and prohibits a person from obtaining a concealed handgun permit for five years following such a conviction. The prohibition applies regardless of whether the person is carrying the handgun openly or concealed. Current law makes it a Class 1 misdemeanor to carry a concealed handgun in a public place while under the influence of alcohol or drugs, but does not speak to openly carrying a handgun while under the influence.
 
H.B. 859: Gilbert - Criminal history record information check for transfer of certain firearms; exemption for concealed handgun permittees.  Provides an exemption from the required criminal history record information check upon firearms transfers in the Commonwealth for persons holding a valid Virginia-issued concealed handgun permit.

H.B. 1135: Ware, R.L. - Out-of-state concealed handgun permits; photo identification.  Removes certain requirements for an out-of-state concealed handgun permit to be recognized and accepted in Virginia. Requires an out-of-state permittee to carry and present a valid government-issued photo identification in order for his valid out-of-state concealed weapon permit to be recognized and accepted in Virginia.

H.B. 1197: McClellan - Lost or stolen firearms; failure to report; penalties.  Creates a Class 3 misdemeanor for the offense of failing to report to law enforcement that a firearm a person owns or lawfully possesses has been lost or stolen. Subsequent violations of the law would be a Class 1 misdemeanor. The bill also creates a Class 1 misdemeanor for the knowingly false reporting of a lost or stolen firearm.
Impact Statements

H.B. 1223: Hope - Possession of weapons in legislative buildings. Except those lawfully possessing a handgun, no person shall possess a weapon in legislative buildings and all persons, except General Assembly members, staff or any law enforcement officer.

H.B. 1226: Patron - Torian - Regulating firearms by educational institution.  Provides that the board of visitors or other governing body of an educational institution has the power to establish rules and regulations for the possession or transportation of firearms or ammunition on property owned or operated by the institution.

H.B. 1257 : Sickles - Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person who is under the influence of alcohol or illegal drugs to carry a loaded firearm on or about his person in a public place and that a person found guilty is ineligible to apply for a concealed handgun permit for a period of five years. The bill also creates a Class 2 misdemeanor for a person who carries a loaded firearm on or about his person onto the premises of any restaurant or club licensed to sell and serve alcoholic beverages for on-premises consumption and consume an alcoholic beverage while on the premises. The bill contains technical amendments.

Two Pro-rights Bills Set for Passage Today in House of Delegates

Today, the Virginia House of Delegates is scheduled to have its third and final readings for House Bill 25 and House Bill 754.
 
HB 25, sponsored by Delegate Mark Cole (R-88), seeks to prohibit the Clerk of the Court from disclosing information contained on a concealed handgun permit application or on an order issuing a concealed handgun permit.

Sponsored by Delegate Ben Cline (R-24), HB 754 would eliminate the local option to require fingerprints of first time concealed carry permit applicants.

Both bills are expected to pass and move on to the Senate.  The State Senate has already passed a companion bill (SB 67) to HB 754.

Busy Day in Senate Courts Wednesday, Militia and Police Subcommittee Up Next

Yesterday saw a marathon meeting in Senate Courts of Justice as noted in last night's legislative update with both of VSSA's top priorities, repeal of handgun rationing and Castle Doctrine reported out of committee.  Another busy day is set as there are a number of bills scheduled to be heard this evening at 5:00 PM in House Militia, Police and Public Safety Subcommittee #1. Bills to be considered in the subcommittee tonight are:

Anti-Gun Legislation:
House Bill 364 would prohibit the private sales of firearms at gun shows by requiring that all sales conducted at a gun show go through a federally licensed dealer.  We have already seen in the State Senate that the real target of such legislation is to ban all private sales.

House Bill 458 seeks to weaken Virginia's preemption law by allowing localities to adopt an ordinance that prohibits firearms, ammunition, or components, or a combination thereof, in libraries owned or operated by the locality.

Pro-Gun Legislation:
House Bill 20 would update Virginia's Emergency Powers doctrine by adding lawful carrying and transportation to the list of actions that cannot be prohibited during a declaration of emergency.

House Bill 22 would establish that no locality or entity may participate in compensated consfiscation schemes (gun "buyback") where individuals are given anything of value or money in exchange for surrendering a firearm to the locality unless the governing body first passes an ordinance authorizing the gun "buyback." This legislation also requires that any locality holding gun "buybacks" sell the firearms to a federally licensed dealer "or be disposed of in any appropriate manner" if they could not be sold.

House Bill 26 would allow a court to waive a $25 dollar fine upon presentation of the permit to the court, if a person fails to display his concealed handgun permit when requested by a law enforcement officer.

House Bill 375 would prohibit localities from adopting any workplace rule that prevents an employee from storing a lawfully possessed firearm and ammunition in his locked motor vehicle. The firearm must be in a secured container or compartment in the vehicle.

House Bill 940 repeals Virginia's handgun rationing which prohibits the purchase of more than one handgun in a thirty-day period.

New York Daily News: Bloomberg's Anti-gun Candidates Win in Va. but Gun Control Measures Could be Repealed

The New York Daily News has this story today pointing out that all six of the candidates to whom Bloomberg donated campaign funds won their state senate races Tuesday but that the Republicans still may have won control which could mean bills that had failed to make it out of the chamber in the past may now move forward.

There are 10 gun bills that have passed the GOP-controlled General Assembly and now could also pass the Senate, including one that would repeal Virginia’s current mandate that a person can only buy one gun a month.

UVA political scientist Larry Sabato told the Post that wholesale changes still may not be likely since the GOP only reached parity with a 20-20 tie.  It should be noted however that there are a couple (and I do mean that literally) of pro-rights Democrats still in the chamber that could help the majority of Republicans who support firearm freedom to move legislation.  This group of Republicans is much more conservative that the bunch of RINOs who lead the GOP majority four years ago.

Senator Warner's Non-Response Response to S.941 Co-Sponsor Request.

In yesterday's E-Bullet, VSSA asked gun owners to contact Senators Warner and Webb to co-sponsor S.941, the Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2009.  This is the response I received to my email:

Thank you for contacting me regarding the Bureau of Alcohol, Tobacco, Firearms, and Explosives Reform and Firearms Modernization Act of 2009 (S. 941).


On April 30, 2009, Senator Mike Crapo (R-ID) introduced S. 941, which would amend the federal criminal code to revise the civil penalties for violations of firearms law and the procedures for assessing these penalties. S. 941 has since been referred to the Senate Judiciary Committee, of which I am not a member. Please be assured that should S. 941 come before the full Senate for a vote, I will certainly keep your views in mind.

Regarding Second Amendment rights generally, I realize that there are very strong opinions on both sides of the debate. I support public policies that ensure the responsible and appropriate use of guns, as well as efforts to reduce gun-related crimes through increased enforcement and background checks. I recently supported full funding of the National Instant Criminal Background Check System (NICS), the only national database that flags individuals who are precluded under current law from purchasing or possessing firearms. I do not, however, support laws or regulations that infringe on the Second Amendment Constitutional right of law-abiding citizens to keep and bear arms.

Again, thanks for writing. As we move forward in the 111th Congress, please continue to be in touch with your opinions and concerns.

You will note that nowhere in the response does the Senator's office (low-level staffer responds to these requests) address the subject of the email to the Senator - signing on as a co-sponsor to the legislation.

You would think that if they are going to use boiler-plate response to constituent contact that they would at least use boiler-plate language that at least makes a reference to the subject of the email or letter.

And they wonder why Americans are ready to throw all the bums out.

General Assembly Reconvenes Wednesday to Consider Amendments

On April 13, Governor Bob McDonnell (R) added favorable amendments to two VSSA-supported bills, HB1217 and HB885.

HB1217 and HB885 will be taken up by the Virginia General Assembly during the reconvened session, which starts tomorrow, Wednesday April 21. The Governor's amendments can be agreed to or rejected. If the amendments are agreed to by both houses, the amended bill is reenrolled and becomes law. If the Governor's amendments are rejected, the original bill is sent back to the Governor where it may be signed as originally presented or vetoed.

House Bill 1217, sponsored by Delegate Lynwood Lewis (D-100), would allow local school boards to offer firearm safety education programs in the elementary grades. To assist local school boards opting to provide such instruction, the Board of Education must establish a standardized program of firearm safety education for students in the elementary school grades to promote the protection and safety of children. The bill requires that the program objectives incorporate, among other principles of firearm safety, accident prevention and the rules of the NRA's Eddie Eagle GunSafe® program. Local school boards offering the program must comply with Board curriculum guidelines and integrate the instruction in appropriate subject areas, if feasible, to ensure that every elementary school student receives instruction in firearm safety education. The Senate Education Committee added an amendment that would permit school boards to also use principles provided by the National Crime Prevention Center. Governor McDonnell amended the bill to the form in which it passed the House and deleting the reference to the National Crime Prevention Center.

The anti-rights Virginia Center for Public Safety sent out a desperate email last night accusing the Governor of mandating "NRA education for all children." We need gun owners to act now to make sure this outlandish charge does not defeat the amendment.

House Bill 885, sponsored by Delegate Clay Athey (R-18), would allow any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private vehicle or vessel to keep the firearm locked in a container or compartment in the vehicle or vessel. Senate Bill 408 was not signed into law as the Governor seeks to amend it's companion bill, HB885. Governor McDonnell has recommended that the General Assembly strike the word "locked" and replace it with the word "secured".

Please contact both your Delegate and Senator and respectfully urge them to approve the Governor's amendments to HB1217 and HB885/SB408.

You can find your legislator's contact information here.

Senate Courts Special Subcommittee Action Today

The Senate Courts Special Subcommittee reported five bills to the full committee today and recommended to Pass By Indefinitely (PBI) the rest. Below is the action taken on each bill.

H.B. 49. PBI
Purchase of handguns; repeal one-gun-a-month limitation. Repeals the prohibition against purchasing more than one handgun in a 30-day period.

H.B. 52 PBI
Failure to carry concealed handgun permit. Provides that failure to produce, upon demand of a law-enforcement officer, a concealed handgun permit and a government-issued photo identification while carrying a concealed handgun is punishable by a $25 civil penalty. A court may waive this penalty if the person presents a valid concealed handgun permit and government-issued photo identification to the court. The bill also introduces an affirmative defense, of having a valid concealed handgun permit, to a charge of violating the concealed weapons statute.

H.B. 69 PBI
Firearms, firearms accessories, and ammunition manufactured and retained in Virginia. Declares that firearms, firearm accessories, and ammunition that are manufactured commercially or privately in Virginia, and that remain within the borders of Virginia, shall not be subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. This bill incorporates HB 886.

H.B. 79. PBI
Concealed handgun permits; access to applications and permittee information. Prohibits a clerk of court from providing public access to concealed handgun permit applications and information regarding identifiable permittees without the written consent of the applicant or permittee. The applications and information would be available to law-enforcement agencies, and the clerk of court would be authorized to release aggregate information that does not identify individual applicants or permittees.

H.B. 108 PBI
Disposition of firearms. Provides that no locality may participate in any program in which individuals are given a thing of value in exchange for surrendering a firearm to the locality unless the governing body of the locality has enacted an ordinance authorizing the participation of the locality. The ordinance shall require that such firearms shall be sold by public auction or sealed bids to a person licensed as a dealer.

H.B. 109 Reported to full Committee
Certain firearms taxes; destruction of records. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a recordkeeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records.

H.B. 171 PBI
Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may prohibit a person who lawfully possesses a firearm from storing that firearm in a locked motor vehicle. The bill provides civil immunity for such persons, property owners, tenants, employers, or business owners. The provisions of the bill would not apply to possession of firearms on property on which a person is prohibited from possessing a firearm; (ii) vehicles on property (a) to which access is restricted or limited through the use of a gate; or (b) upon which a building occupied by a single employer and its affiliated entities is located and in which access to the building is restricted or limited by card access; (iii) vehicles owned or leased by an employer or business entity and used by an employee in the course of his employment; (iv) 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; or (v) vehicles on property controlled by an employer required to develop and implement a security plan under federal law or regulation.

H.B. 236 PBI
Shooting firearms in certain areas. Makes a locality no longer able to prohibit hunting generally within a half-mile radius of a subdivision, but a locality would still be able to prohibit hunting within a subdivision.

H.B. 490 PBI
Development of plan for the issuance of a lifetime concealed handgun permit. Directs the Department of State Police, in cooperation with the Secretary of Public Safety, to develop a plan to allow for the State Police to issue lifetime concealed handgun permits to Virginia residents. The Department and the Secretary shall submit the plan, and any recommended legislative changes to implement the plan, to the Chairmen of the House Committee on Militia, Police, and Public Safety and the Senate Committee for Courts of Justice by October 15, 2010.

H.B. 505 Reported as amended
Concealed handguns; restaurants. Prohibits a person, other than a federal, state, or local law-enforcement officer or a qualified retired law-enforcement officer, who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises.

H.B. 885 Reported as amended
Possession of concealed weapons. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is secured in a container or compartment.

H.B. 1070 PBI
Carrying of concealed handguns in emergency shelters. Provides that a person who has a valid concealed handgun permit may not be barred from carrying a concealed handgun in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons.

H.B. 1092 Reported
Carrying concealed handguns; retired law-enforcement officers. States that a retired law-enforcement officer who receives proof of consultation and favorable review to carry a concealed handgun without a concealed handgun permit is authorized to carry a concealed handgun in the same manner as a law-enforcement officer authorized to carry a concealed handgun.

H.B. 1191 Reported
Issuance of concealed handgun permits; clerk of court. Allows a circuit court judge to authorize the clerk of court to issue concealed handgun permits in instances where the application is complete, the background check does not indicate that the applicant is disqualified, and, after consulting with the local sheriff or police department, there are no other questions or issues surrounding the application. The bill further provides that the court clerk is immune from suit arising from any acts or omissions relating to the issuance of concealed handgun permits without judicial review unless the clerk was grossly negligent or engaged in willful misconduct. This bill is not to be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law, or to affect any cause of action accruing prior to July 1, 2010

Senate Courts Setting Up Subcommittee to Kill Pro-gun House Bills

The General Assembly is winding down and there are a number of pro-rights House bills still to be heard in Senate Courts of Justice. Among them are repeal of handgun rationing (one gun-a-month), and the Castle Doctrine. But this morning, anti-rights Richmond Senator and Chairman of the Senate Courts of Justice Committee, Senator Henry Marsh (D-16) announced the creation of a new “Sub-Committee” which will hear all the firearm related bills passed by the House of Delegates. This "Sub-committee" is stacked with anti-rights Democrats and a sometime pro-rights Republican, and would become a "killing field" for a number of pro-rights bills that have already garnered strong bi-partisan support in the House.

Northern Virginia anti-rights Senator "Toddy" Puller (D-36) will Chair this new special Sub-Committee and will be joined by her fellow rabid anti-gun colleagues; Senator Marsh (D-16), Senator Lucas (D-18) and Senator Howell (D-32). The sole Republican member of the Sub-Committee will be Senator Quayle (R-13).

As of this morning, no date or time has been set to for the special Sub-Committee to meet but VSSA will notify you as soon as to the time and date.

Listed below are the bills which the special Senate Sub-Committee will likely hear:

HB26, authored by Delegate Thomas Wright (R-61), would prohibit the Clerk of the Court from requiring an applicant for a concealed handgun permit to provide any documentation or information not authorized by the law or prescribed by Virginia State Police.

HB49 sponsored by Delegate Scott Lingamfelter, repeals one-gun-a-month.

HB52, sponsored by Delegate Mark Cole (R-88), would allow a court to waive a $25 dollar fine upon presentation of the permit to the court, if a person fails to display his concealed carry permit when requested by a law-enforcement officer.

HB79, sponsored by Delegate R. Lee Ware (R-65), prohibits the Clerk of Court from publicly disclosing concealed handgun permit application information unless the permittee has provided written consent for the release of the application or information. The information would still be available to law-enforcement acting in the performance of their duties.

HB108, also introduced by Delegate Cole (R-88), would prohibit agents of localities or localities themselves from participating in compensated confiscation (“gun buy-backs”) schemes unless the governing body of such a locality authorizes such a program. The locality would then have the option of selling the firearms by auction to a federally licensed dealer (FFL) or disposing of the firearm in any other appropriate manner.

HB109, also sponsored by Delegate Mark Cole (R-88), would repeal the statute which allows the governing body of any county to require the sellers of pistols and revolvers to furnish the Clerk of the Circuit Court with the name and address of the purchaser, date of purchase and the number, make, and caliber of the gun.

HB171, authored by Delegate Brenda Pogge (R-96), would prohibit property owners, employers, or a business entity from establishing or enforcing any policy prohibiting a person who may lawfully possess a firearm from storing a firearm in a locked motor vehicle in a publicly accessible parking lot.

HB236, sponsored by Delegate Bill Janis (R-56), would remove the prohibition imposed by localities on hunting within a half-mile of subdivisions.

HB854, sponsored by Delegate Will Morefield (R-3), would provide immunity from civil prosecution if someone uses force, including deadly force, to defend themselves and their loved ones if attacked in their home by someone who has entered unlawfully (Castle Doctrine).

HB870, sponsored by Delegate Benjamin Cline (R-24), would repeal the language that allows localities to fingerprint applicants for a concealed handgun permit (the Senate has already killed its version of this legislation).

HB885, sponsored by Delegate Cliff Athey (R-18), would allow any person who may lawfully posses a firearm and is carrying a handgun while in a personal, private vehicle or vessel to keep the firearm secured in a container or compartment in the vehicle or vessel (the Senate has already passed Senator Vogel's version of this bill and it is about to be approved in the House and headed to the Governor's desk).

HB1092, sponsored by Delegate Anne B. Crockett-Stark (R-6), would give retired law-enforcement the ability to carry a concealed handgun without a permit.

HB1191, introduced by Delegate H. Morgan Griffith (R-8), would allow a circuit court judge to authorize the Clerk of Court to issue concealed handgun permits in instances where the application is complete, the background check does not indicate that the applicant is disqualified, and, after consulting with the local sheriff or police department, there are no other questions or issues surrounding the application.

HB490, sponsored by Delegate Scott Lingamfelter (R-31), would direct the Department of State Police, in cooperation with the Secretary of Public Safety, to develop a plan to allow the State Police to issue lifetime concealed handgun permits to Virginia residents. The Department and the Secretary shall submit the plan, and any recommended legislative changes to implement the plan, to the Chairmen of the House Committee on Militia, Police, and Public Safety and the Senate Committee for Courts of Justice by October 15, 2010.

HB1070, sponsored by Delegate Clay Athey (R-18), would provide that a person who has a valid concealed handgun permit may not be barred from carrying a concealed handgun in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons.

UPDATE: Here is the link to the new "Special" subcommittee which includes a list of all the bills assigned to it. It is scheduled to meet Thursday afternoon at 2:00 PM.

Militia and Police move Restaurant Ban Repeal to Full House

As I was writing my earlier post this morning, the House Militia, Police and Public Safety full
committee met and reported SB334 (repeal of the restaurant ban) , SB408 (storage of a firearm by a non CHP holder) and SB3, (renewal of CHPs by mail). These bills now head to the full House and if they pass unchanged from their current form (which they should since House versions of the bills have already passed), they will go to the Governor for his signature. Governor McDonnell is expected to sign all three bills.

Depending on when the bills land on his desk, they could be signed before the end of the Session in mid March. The bills will become effective on July 1.

Repeal of Restaurant Ban Nears Final Votes

Late yesterday afternoon, the House Militia, Police and Public Safety Subcommittee #1 recommended reporting SB334 (Senator Hanger's version of the "Restaurant Ban" repeal) and SB408 (Senator Vogel's bill allowing individuals that do not hold Concealed Handgun Permits -CHPs to carry firearms in locked containers in their car or boat) without amendments. This is important because that means, should they pass the full House in their current form, they will then head to the Governor for his signature. They first have to clear the full committee and that should happen next week.

Please call and email members of the Militia, Police, and Public Safety Committee and urge them to support SB334 and SB408.

On a related matter, Senate Courts of Justice will meet Monday morning, in addition to House versions of bills they have already passed before crossover, they still need to hear HB49, repeal of "One gun-a-month." The bill could come up on Monday's docket, or Wednesday (check back later today or Saturday for an update). It is important that you contact the following Senators now and politely urge them to support HB 49 when it comes up in committee:

Quayle, Norment, Edwards, Reynolds, Obenshain, McDougle, Deeds, Hurt, Petersen

Simply click on the name above to fine their contact information.

Two House Bills Switch Senate Committees

VSSA has been informed that two bills originally referred to the Senate Local Government Committee will be rereferred to Courts of Justice. The bills are HB 108 and HB 109. It is not known whether this is an attempt to kill the bills, as at least one of the bills (HB 108) was reported out of Local Government when it was passed in 2009 before being vetoed by Governor Tim Kaine. When the Courts of Justice docket becomes available today any firearm related bills will be noted on this blog.

The bills being rereferred are listed below. Delegate Mark Cole is the patron of both bills.
HB108 - Provides that no locality may participate in any program in which individuals are given a thing of value in exchange for surrendering a firearm to the locality unless the governing body of the locality has enacted an ordinance authorizing the participation of the locality. The ordinance shall require that such firearms shall be sold by public auction or sealed bids to a person licensed as a dealer.

HB 109 - Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a recordkeeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records.

One Handgun-a-month Passes House

Repeal of one handgun-a-month passed the House by a vote of 61 -37

Delegate Ken Plum got up to speak to the bill, made the tried and true statement that Virginia would once again become the "gun running capital of the nation." He also said it would send the wrong message to companies considering moving to Virginia.

Delegate Marshall stood up to reply to Delegate Plum. He gave a history lesson on why we protected the right in the Constitution.

Delegate Lingamfelter, the sponsor of the bill stood up and spoke for the bill. He said if you look at the merits of the underlying law we are trying to repeal, we have exempted a number of people already. We have technological advances that we did not have 17 years ago that will keep firearms out of the hands of the wrong people.

Senate Passes Renewal of CHPs by Mail

SB 3, Senator Ralph Smith's bill to allow for the renewal of concealed handgun permits by mail, passed the Senate on a vote of 29-11.

SB 408 Passes

SB 408 passes 24 - 16.