Governor McAuliffe Signs Two Pro-rights Bills

Governor McAuliffe has signed Senator Tommy Norment's SB1191 and Delegate Buddy Fowler's HB1666. 

SB1191 amends the statute that makes it a crime to possess a firearm, stun weapon, knife, or certain other weapons on school property by requiring that the person knowingly possess the firearm or other weapon before they can be charged.

HB1666 permits a nonresident of the Commonwealth prohibited from possessing a firearm, ammunition, or a stun weapon because of a felony conviction or a juvenile adjudication of delinquency of certain offenses to petition the circuit court where his last felony conviction or adjudication of delinquency occurred for restoration of his right to possess, transport, or carry a firearm, ammunition, or a stun weapon. Current law does not provide for venue for a nonresident's restoration petition.

Governor McAuliffe has until March 30 to act on the remaining bills on his desk.

Senate Bills in House Subcommittee Thursday

Bills are going to move even more quickly with only two weeks left in the session.  Senate Bills that made it to the House will be in the House Militia, Police and Public Safety Committee Subcommittee #1 this afternoon at 4:00.  The bills on the docket are:

S.B. 936 - would give law enforcement (including police, sheriffs, Capitol Police, and Virginia State Police) the option of donating an unclaimed firearm to the Department of Forensics in lieu of destroying the firearm. 

S.B. 948 - would prohibit the Virginia State Police from providing concealed handgun permit (CHP) holder information to law enforcement in states that do not have a reciprocal licensing agreement with Virginia.  This would prevent states like Maryland and New Jersey from going on “fishing expeditions” to find an excuse to arrest or harass Virginia CHP holders if they are stopped for nothing more than a routine traffic violation.

S.B. 1137 - would exempt concealed handgun permit holders from any local ordinances that ban having loaded rifles or shotguns in a vehicle on any public street, road, or highway.  Currently law enforcement, military and any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business are exempted.

S.B. 1155 - would require law-enforcement agencies to return stolen firearms to the rightful owner unless the person is prohibited from possessing the firearm or it is needed in a criminal prosecution.

S.B. 1191- would amend the statute that makes it a crime to possess a firearm, stun weapon, knife, and certain  other weapons on school property to require that the person must have knowingly possessed the firearm or other weapon.

VSSA's lobbying team does not expect any problems getting these bills out of committee or through the House of Delegates.

Pro-rights Bills in General Assembly

The pre-filing time for the 2010 Session of the General Assembly continues. So far the bills being introduced related to firearms are pro-rights. I expect to see another attempt to end gun shows.

HB 8 Concealed handgun permits; renewal thereof by mail.
HB 26 Concealed handgun permit; documentation and information provided by applicant.
HB 32 Concealed handguns; possession by faculty members at state institutions of higher education.
HB 49 Handguns; repeals one-gun-a-month limitation.
HB 52 Concealed handgun permit; failure to produce upon demand of law-enforcement officer, penalty.
HB 54 Handgun; person with lawful possession may carry into courthouse used for non-judicial activities.
HB 69 Firearms, ammunition, etc.; those manufactured and retained in State not subject to federal law.
HB 72 Firearms; possession with intent to use on school property Class 1 misdemeanor.
HB 79 Concealed handgun permits; prohibits clerk of court from providing public access to applications.
HB 106 Carrying concealed handguns.
HB 108 Disposition of Firearms
HB 109 Certain firearms taxes; destruction of records.
HB 152 Electronic security employees; carrying concealed handguns.
SB 3 Concealed handgun permits; renewal thereof by mail.

Of note is HB 108 which again targets compensated confiscation schemes (so called "buy backs"). Governor Tim Kaine vetoed this last year. If we can get it through the Senate (this was no easy task last year) we should see the bill signed into law this year.

The General Assembly convenes on January 13th. This is the long session (60 Days).