Virginia Legislative Alert - Top 40 Gun Bills Being Tracked by VSSA

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Roadrunner

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I'm passing this along from an email alert from the Virginia Shooting Sports Association (VSSA):

Below are the top 40 firearm related bills that VSSA is tracking in the 2004 General Assembly. You can follow the status of each bill by going to http://leg1.state.va.us/041/bil.htm and entering the bill number.

VSSA will only contact you win your action is needed to hep pass or defeat a critical bill. We are not going to clog up your electronic mail box with daily or weekly updates.

With this in mind, VSSA is issueing an action alert onr Senator Henry Marsh's bill to end gun shows (SB48). This bill was reported out of Senate Courts and rereferred to Senate Finance. You may have already been alerted to this by NRA-ILA. ACTION ON THIS BILL IS EXPECTED ON TUESDAY OR WEDNESDAY OF THIS WEEK. CALL YOUR SENATORS NOW! More on this bill is below.

Finally, for those of you who have Microsoft Word, I am attaching a word document with all of the bill information. For those of you without MS Word, I apologize that you will have to read a very long email. Future emails will not be this long.

ACTION ALERT!!!

SB 48 Marsh; Transfer of firearms; criminal records check; redefinition of "firearms show vendor" and requires that a record check be performed on the prospective transferee before any transfer is made at a gun show or in the parking lot. Status - Reported out of Courts of Justice 8-7 and rereferred to Senate Finance

Immediate Action needed now on this bill!!! Please contact members of the Senate Finance Committee and urge them to oppose SB48. For a list of Senators on the Committee go to http://leg1.state.va.us/cgi-bin/legp504.exe?041+com+S5.

The following bills are in committee or have already been acted on in committee.

HB 79 Wright; Possession or transportation of firearms by illegal aliens. Provides that an illegal alien shall be subject to punishment as a Class 6 felon for possession of any firearm. Currently, the law prohibits the possession of an assault weapon by any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence. Status - Passed House 98-0

HB 102 Cole; Virginia voter registration cards. Provides that the cards are issued for the information of the voter and are not to be used as evidence of identity or residence for firearms transfers and other identification purposes. Need to allow voluntary use by the cardholder in firearm purchases. On request, the patron amended the bill to allow use of voter ID cards as secondary ID for firearm purchase record checks. Status - Stricken from the Docket

HB 186 Black; Firearms; Provides for transfers of firearms without a record check and purchase of more than one a month by CCW permittees. Amended to one-a-month relief only because of problems with the National Record Check System. Status - in committee

HB 215 Athey; Permits carrying of concealed handguns by persons permitted by other states. Status - In Committee

HB 238 Nutter; Concealed weapons; permits by persons out-of-state; Provides that an out-of-state concealed weapons permit authorizes the holder of the permit to carry a handgun in the Commonwealth if the permit-holder is at least 21 years of age. The bill allows recognition of the other state's permit even if the other state has a lower age requirement and permits weapons other than handguns. Virginia's age requirement (21 years) would apply and the only weapon authorized while the permit-holder is in Virginia is a handgun. Status - In Committee

HB 278 Purkey; Control of firearms by localities; Allows localities by ordinance to provide for the regulation of possession or carrying of firearms into any buildings owned or used by such locality for governmental purposes. Also, various provisions are deleted that currently generally prohibit local regulation of the purchase, possession, transfer and ownership of firearms. Status - killed in committee

HB 353 Bryant; Sale and purchase of firearms. Reverse approach to repeal of 59.1 sections on non-contiguous states, by only amending them instead of repealing them as another bill does. Status - in committee

HB 382 Lingamfelter; Concealed handgun permit applications; social security numbers. Allows a clerk of court to withhold from public disclosure the social security number in a concealed handgun permit application in response to a request to inspect or copy such permit application. - Status - in committee

HB 375 Lingamfelter; Firearms; Requirements for firearm sales. Provides that for the purpose of firearm purchase, the permanent duty post of a member of the armed services is considered his residence. The bill also removes the requirement that the social security number be provided as identification and allows any type of communication with the State Police to ascertain a prospective purchaser's criminal record, not only a telephone call. The bill removes the requirement that firearm safety information be posted and handed out where firearms are sold. Status - Passed House 98-0.

HB 402 Janis; Concealed handgun permit; issuance of permit. After 45 days, if the permit is not issued, the application becomes a de facto permit. Status - in committee.


HB 404 Janis; One gun a month. Allows the holder of a valid Virginia concealed-carry permit to purchase more than one handgun a month. The bill also allows a person to purchase more than one handgun a month if purchased through a private sale. Private sale is defined as a sale by a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms. This language is drawn from federal law. Status - in committee


HB 444 Suit; Concealed weapons; residency requirement for application for permit. The bill states that there is no requirement as to the length of time an applicant for a concealed handgun permit must have been a resident or domiciliary of the county or city where he applies. Status - in committee


HB 483 Cole; Firearms; control by localities. Repeals the grandfather clause. Status - in committee.


HB 484 Cole; Firearms; permits, reporting of sales. Repeals provisions that require a permit to sell or purchase guns in counties having a density of more than 1,000 persons per square mile. Status - Passed House (87-Y 9-N)


HB 530 Hogan; Control of firearms; applicability to authorities and local governmental. Repeal the grandfather clause. Status - in committee


HB 641 Abbitt; Out-of-state concealed handgun permits are valid when carried with another photo ID. Status - In committee

HB 725 Shannon; Concealed weapons; handmade cutting instruments. Prohibits a person from carrying about his person a concealed cutting instrument that has no practical use other than as a weapon. Status - in committee.

HB 1035 Ebbin; Prohibits possessing or transporting firearms or prohibited concealed weapons for a period of five years following conviction; penalty. Allows for a reinstatement petition. Status - killed in committee 13-8

HB 1086 Nutter; Firearms; purchase and sale of firearms in other states. Amends the Title 59.1 sections on non-contiguous states. Status - in committee.

HB 1117 Weatherholtz; Firearms; school divisions may establish policies on possession on school property. Authorizes school boards to establish policies prohibiting the possession of firearms on school property, school buses, and at school-sponsored activities, and stipulates that school boards may develop and implement procedures addressing the discipline of students and the restricted access of adults who violate the requirements of such policies. Status - in committee.

HB 1144 McDonnell; Purchase of firearms. Places an amendment in the code to make it clear that Virginians who qualify are not barred by any Virginia restriction from buying long guns in any other state. Provide that the law governing purchase of firearms in Virginia by Virginians shall not apply to restrict purchase, trade or transfer of firearms by a resident of Virginia when the resident of Virginia makes such purchase, trade or transfer in another state and that when a resident of Virginia makes a purchase, trade or transfer of firearms in another state, the laws and regulations of that state and of the United States governing the purchase, trade or transfer of firearms shall apply. Status - in committee.

HB 1150 McDonnell; Firearms and ammunition; control by localities. Prohibits a local government from adopting an ordinance governing the storage of firearms or ammunition. Currently, a local government is prohibited from adopting an ordinance governing the purchase, possession, transfer, ownership, carrying, or transporting of firearms or ammunition. Status - in committee.

HB 1205 Cline; Concealed handgun permits; denial of permits. Requires that a court denying a concealed handgun permit state both the basis for the denial and the applicant's right to and requirements for perfecting an appeal of the denial. Status - in committee.

HB 1247 Scott; Possession of firearms following the conviction of certain crimes; penalty. Prohibits persons convicted of stalking or sexual battery from possessing or transporting firearms or prohibited concealed weapons for a period of five years following conviction. There is a provision to allow the person to petition the circuit court to reinstate the right to carry or transport firearms. Status - killed in committee 13-8.

HB 1250 Scott; Possession or transportation of firearms or concealed weapons by juveniles convicted of would be violent felonies above age 14; penalties. Prohibits any person who, as a juvenile aged 14 years or older, committed a delinquent act equivalent to a violent felony from ever possessing, transporting, or carrying a firearm. The restriction would be lifted in the case of nonviolent felonies at the age of 29.

HB 1302 Lingamfelter; Firearms; Repeals provisions regulating sales of firearms to residents of contiguous states and purchase of firearms by Virginia residents in contiguous states. Status - in committee

HB 1303 Lingamfelter; Pneumatic guns. Defines pneumatic guns and establishes restrictions on use of pneumatic guns, paintball guns and sawed-off weapons. The bill also provides for the establishment of local ordinances to regulate pneumatic guns. Status - in committee.

HB 1476 Sickles; Firearms; firearm eligibility check; penalty. Allows an individual to submit an application to the Department of State Police to determine if he is eligible to possess or transport a firearm. The eligibility check would allow a person to determine if he were eligible to possess or transport a firearm outside of the context of a firearm purchase, when the background check is usually performed. Status - in committee.

HB 1478 Mark D. Sickles; Qualifications for concealed handgun permit. Requires a background check on the National Instant Criminal Background Check System (NICS) before issuing a concealed handgun permit to an applicant. Performing a NICS check to obtain a concealed handgun permit would allow the holder of a valid permit to purchase a gun without an additional background check. The bill also supplants the current list of options to prove proficiency with a handgun for the purpose of qualifying for a concealed handgun permit with one option: a State Police-sanctioned handgun training course. Individuals formerly employed as law-enforcement officers in the Commonwealth or for the Armed Forces of the United States who were not terminated from the position for cause are exempt from the proficiency training course. Status - in committee.

HB 1482 McDonnell; Definition of explosive. Defines explosives particularly to exclude small arms ammunition and components thereof. This will relieve gun shows from local explosive storage permit requirements. Status - in committee.

SB 90 Marsh; Criminal background checks; allows localities to charge for fingerprints (CCW fee already pays for them.) Status - Passed Senate 38-0

SB 143 Cuccinelli; Concealed handgun permits; person denied a permit or revoked given a right to a hearing. Status - in committee

SB 227 Cuccinelli; Permits to sell or purchase pistols or revolvers in counties. Repeals provision that authorized counties to require a permit for the sale and purchase of revolvers and requires that any records created pursuant to that provision that are in the custody of a county be destroyed no later than July 31, 2004. Status - in committee.

SB 264 Cuccinelli; Purchase or sale of guns in certain counties. Repeals provisions that require a permit to sell or purchase guns in counties having a density of more than 1,000 persons per square mile. Status - in committee



SB 326 Stolle; Concealed weapons; concealed handgun permits. Provides that the possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting carries a concealed handgun permit. The bill also provides that the requirement for a concealed handgun permit does not apply to game wardens or Virginia Marine Police officers retired from the Law Enforcement Division of the Virginia Marine Resources Commission. When an application for a concealed handgun permit is denied, the denial order must state the basis for the denial and state the applicant's right for perfecting an appeal of the decision. The bill clarifies that misdemeanors set forth in Title 46.2 shall not be considered a disqualification for a concealed handgun permit. A retired law-enforcement officer from the Department of Game and Inland Fisheries does not have to pay a fee for a concealed handgun permit. Finally, for purpose of reciprocity, the bill would recognize a concealed weapons permit or license issued by another state to a person 21 years of age or older as a valid concealed handgun permit in the Commonwealth. The law currently recognizes only certain out-of-state concealed handgun permits. Status - in committee.

SB 485 Obenshain; Concealed handgun permits. Provides that a valid concealed handgun permit or license issued by another state shall be valid in the Commonwealth, provided the permit holder is not a resident of Virginia and, if the permit does not include a photograph of the holder, he carries a current state or federal government-issued photo identification. Also requires that the Attorney General enter into reciprocal agreements with the states that require it for recognition of the validity of Virginia concealed handgun permits. The bill removes the requirement that the out-of-state permit holders meet Virginia requirements for issuance. Status - in committee

SB 552 Howell; Loaded firearms in restaurants. Prohibits the carrying of a loaded firearm in a restaurant or club with an ABC license. There is an exception for law-enforcement officers and for the owners and employees of the club or restaurant who have a concealed handgun permit. Status - in committee

SB 579 Cuccinelli; Carrying concealed handgun; alcohol consumption. Repeals the prohibition on carrying a concealed handgun in a restaurant or club and revises the Class 1 misdemeanor provision by providing that it is a Class 1 misdemeanor to carry a concealed handgun in a public place after consuming alcohol or while under the influence of an illegal drug. The bill provides that a blood alcohol level of 0.02 or less is not a violation. The bill provides that anyone who has a concealed handgun permit is deemed to have consented to have his blood and breath samples taken. An unreasonable refusal is grounds for revocation of the handgun permit for five years and subjects the person to a civil penalty of not more than $500. Breath test amended out of the bill. Status - in committee (Substitute bill likely to be offered by patron due to drafting errors and major changes to introduced bill)

SB 660 Stolle; Weapons; prohibits carrying a gun in an air carrier airport terminal.

This prohibition does not apply to law-enforcement officers or a ticketed passenger who transports a lawful firearm into or out of an air carrier airport terminal to check the firearm with his luggage or retrieve the firearm from the baggage claim area. Status - in committee.

SJ 47 Cuccinelli; Commending the Optimist Acorns Youth Rifle Team. Status - Passed Senate, placed on House calendar.
 
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