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Another Flood of VA Gun Bills 1/7/2020

HB 750 Carrying a concealed handgun; consumption of alcohol in a public park, penalty.
Carrying a concealed handgun; consumption of alcohol in a public park; penalty. Prohibits a person who carries a concealed handgun onto the premises of any public park or other public space when alcoholic beverages have been approved for sale or consumption therein from consuming an alcoholic beverage while on the premises. A violation of this provision is a Class 2 misdemeanor.

HB 812 Purchase of handguns; limitation on handgun 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-day period and makes such an offense 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 whose handgun has been stolen or irretrievably lost or who are trading in a handgun, and (vi) purchases of antique firearms.

HB 853 Recklessly allowing access to firearms to certain persons; penalty.
Recklessly allowing access to firearms to certain persons; penalty. Provides that any person who (i) sells, barters, gives, or furnishes; (ii) has in his possession or under his control with the intent of selling, bartering, giving, or furnishing; or (iii) recklessly allows access to any firearm to any person he knows or has reason to believe is prohibited from possessing or transporting a firearm is guilty of a Class 4 felony. Under current law, such prohibition applies only to a person who (a) sells, barters, gives, or furnishes or (b) has in his possession or under his control with the intent of selling, bartering, giving, or furnishing any firearm to any person he knows is prohibited from possessing or transporting a firearm.

HB 856 Protective orders; possession of firearms; surrender or transfer of firearms; penalty.
Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Provides that a court shall order a person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency or sell or transfer any firearm possessed by such person to a dealer or to any person who is not otherwise prohibited by law from possessing such firearm and (ii) certify in writing that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that any person who fails to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms, as well as a process to retrieve such surrendered firearms. The bill also makes it a Class 4 felony for any person to sell, barter, give, or furnish any firearm to any person he knows is prohibited from possessing or transporting a firearm who is the subject to a permanent protective order.

HB 899 Manufacture, import, sale, transfer, or possession of restricted firearm ammunition; penalty.
Manufacture, import, sale, transfer, or possession of restricted firearm ammunition; penalty. Makes it a Class 5 felony to manufacture, import, sell, transfer, or possess any restricted firearm ammunition, defined in current law as bullets, projectiles, or other types of ammunition that are (i) Teflon coated or coated with a similar product; (ii) commonly known as “KTW” bullets or “French Arcanes”; or (iii) cartridges containing bullets coated with a plastic substance with other than lead or lead alloy cores, jacketed bullets with other than lead or lead alloy cores, or cartridges of which the bullet itself is wholly composed of a metal or metal alloy other than lead, but the definition does not include shotgun shells or solid plastic bullets. The bill provides exceptions to the prohibition and provides that any restricted ammunition possessed in violation of the law shall be forfeited to the Commonwealth.

HB 900 Prohibition on possession, purchase, or transport of firearms following certain convictions.
Prohibition on possession, purchase, or transport of firearms following certain misdemeanor convictions; penalties. Prohibits a person who has been convicted of stalking, sexual battery, assault and battery of a family or household member, brandishing a firearm, or two or more convictions of assault and battery from possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor or, upon a third or subsequent conviction of this or certain other firearms offenses, is guilty of a Class 6 felony.

HB 960 Additional state sales tax on firearms and ammunition; use of proceeds.
Additional state sales tax on firearms and ammunition; use of proceeds; Student Mental Health and Safety Fund and Program. Imposes an additional sales and use tax on the retail sale of firearms and ammunition. The amount of the tax shall be 10 percent minus the amount of tax imposed by all other sales and use taxes levied by the Commonwealth. Revenues from the tax shall be deposited in the Student Mental Health and Safety Fund (the Fund), which is established by the bill. In addition to the Fund, the bill creates the Student Mental Health and Safety Program (the Program). The Program and Fund shall provide grants on a competitive basis to public school divisions for the purpose of funding full-time school counselor positions at a ratio of 250:1 or better, school social worker positions at a ratio of 400:1 or better, and school psychologists at a ratio of 500:1 or better.

HB 961 Prohibiting sale, transport, etc., of assault firearms, certain firearm magazines, silencers.
Prohibiting sale, transport, etc., of assault firearms, certain firearm magazines, silencers, and trigger activators; penalties. Expands the definition of “assault firearm” and prohibits any person from importing, selling, transferring, manufacturing, purchasing, possessing, or transporting an assault firearm. A violation is a Class 6 felony. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory an assault firearm to any person. The bill also prohibits a person from carrying 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; under existing law, this prohibition applies only in certain localities. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, possess, or transport large-capacity firearm magazines, silencers, and trigger activators, all defined in the bill. Any person who legally owns an assault firearm, large-capacity firearm magazine, silencer, or trigger activator on July 1, 2020, may retain possession until January 1, 2021. During that time, such person shall (i) render the assault firearm, large-capacity firearm magazine, silencer, or trigger activator inoperable; (ii) remove the assault firearm, large-capacity firearm magazine, silencer, or trigger activator from the Commonwealth; (iii) transfer the assault firearm, large-capacity firearm magazine, silencer, or trigger activator to a person outside the Commonwealth who is not prohibited from possessing it; or (iv) surrender the assault firearm, large-capacity firearm magazine, silencer, or trigger activator to a state or local law-enforcement agency.

The bill further states that any person who legally owns an assault firearm on July 1, 2020, may retain possession of such assault firearm after January 1, 2021, if such person has obtained a permit from the Department of State Police to possess an assault firearm in accordance with procedures established in the bill. A person issued such permit may possess an assault firearm only under the following conditions: (a) while in his home or on his property or while on the property of another who has provided prior permission, provided that the person has the landowner’s written permission on his person while on such property; (b) while at a shooting range, shooting gallery, or other area designated for the purpose of target shooting or the target range of a public or private club or organization whose members have organized for the purpose of practicing shooting targets or competing in target shooting matches; (c) while engaged in lawful hunting; or (d) while surrendering the assault firearm to a state or local law-enforcement agency. A person issued such permit may also transport an assault firearm between any of those locations, provided that such assault firearm is unloaded and secured within a closed container while being transported. The bill also provides that failure to display the permit and a photo identification upon demand by a law-enforcement officer shall be punishable by a $25 civil penalty, which shall be paid into the state treasury. The bill also requires the Department of State Police to enter the name and description of a person issued a permit in the Virginia Criminal Information Network (VCIN) so that the permit’s existence and current status will be made known to the law-enforcement personnel accessing VCIN for investigative purposes.

HB 964 Firearms; restoration of rights of persons convicted of violent felonies.
Firearms; restoration of rights of persons convicted of violent felonies. Provides that a person who has been convicted of an act of violence or a violent felony may not petition for a restoration order that unconditionally authorizes possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon until one year after his civil rights have been restored by the Governor or other appropriate authority. The bill further provides that if such person is convicted of a violent misdemeanor, defined in the bill, after his civil rights have been restored, then he may not petition for such order until two years after the date of conviction.

SB 436 Establishment of the Virginia Voluntary Do Not Sell Firearms List; penalty.
Establishment of the Virginia Voluntary Do Not Sell Firearms List; penalty. Creates the Virginia Voluntary Do Not Sell Firearms List (the List) that prohibits the possession, transportation, and sale of firearms to any person who voluntarily registers himself to be enrolled into the List. The List shall be maintained and updated by the Department of State Police. The bill makes it a Class 3 misdemeanor for any person enrolled into the List to purchase, possess, or transport a firearm. The bill disqualifies any person enrolled into the List from obtaining a concealed handgun permit and prohibits such person from being employed by a firearms dealer. The bill also makes it a Class 1 misdemeanor for any person who sells, barters, gives, or furnishes, or has in his possession or under his control with the intent of selling, bartering, giving, or furnishing, any firearm to any person he knows is enrolled into the List. The bill has a delayed effective date of July 1, 2021.

SB 450 Control of firearms; chambers of local governing bodies.
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 its local governing body, provided that notice of such prohibition is publicly posted and the meeting room is owned, operated or used by the locality.

SB 479 Protective orders; possession of firearms; surrender or transfer of firearms; penalty.
Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Prohibits any person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) from knowingly possessing a firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order such person may continue to possess such firearm for the purposes of selling or transferring it to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this provision is a Class 6 felony. The bill also provides that a court shall order a person subject to a permanent protective order to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency or sell or transfer any firearm possessed by such person to a dealer or to any person who is not otherwise prohibited by law from possessing such firearm and (ii) certify in writing that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that any person who fails to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms, as well as a process to return such surrendered firearms. The bill also makes it a Class 4 felony for any person to sell, barter, give, or furnish any firearm to any person he knows is prohibited from possessing or transporting a firearm who is the subject to a permanent protective order.

SB 490 Purchase, possession, or transportation of firearms following a conviction.
Purchase, possession, or transportation of firearms following conviction for assault and battery of a family or household member; permit to restore rights; penalties. Prohibits a person who has been convicted of stalking, sexual battery, or assault and battery of a family or household member from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crime may petition the circuit court for a reinstatement of his right to possess or transport a firearm and the factors a court shall consider in determining such reinstatement.

SB 505 Control of firearms by localities; local government buildings.
Control of firearms by localities; local government buildings. Authorizes a locality to adopt an ordinance prohibiting firearms, ammunition, or components or combination thereof in any building owned or used by such locality for governmental purposes. The bill requires such ordinance to include a provision for security measures designed to reasonably prevent unauthorized access of such buildings by a person with a firearm, ammunition, or components or combination thereof. The bill requires a locality to post notice of any such prohibition at all entrances of buildings used for governmental purposes.

SB 506 Control of firearms by localities.
Control of firearms by localities. Grants localities authority to adopt or enforce an ordinance, resolution, or motion governing the possession, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof in the locality. Various provisions limiting such authority are repealed. Provisions limiting the authority of localities and state governmental entities to bring lawsuits against certain firearms manufacturers and others are also repealed.

The bill also changes from mandatory to optional the existing requirement that a locality adopting an ordinance regarding the disposition of certain acquired firearms offer for sale by public auction or sealed bids to a person licensed as a dealer any firearm received by the locality, and provides that if an individual surrendering a firearm requests in writing that the firearm be destroyed, such firearm shall be destroyed by the locality.


THESE ARE PRO 2A
HB 934 Possession, purchase, and transport of certain firearms in certain localities.
Possession, purchase, and transport of certain firearms in certain localities; withholding state funds. Allows a person to lawfully possess, purchase, or transport a firearm or firearms magazine that he would otherwise be lawfully permitted to possess, purchase, or transport on January 1, 2020, while he is in a locality that has adopted or enforced any ordinance, resolution, or motion that declares such locality a sanctuary for Second Amendment rights. The bill also provides that no funds payable by the Commonwealth to a locality for any and all purposes shall be withheld from a locality solely on the basis of such locality adopting or enforcing any ordinance, resolution, or motion that declares such locality a sanctuary for Second Amendment rights.

HB 976 Virginia State Police; Executive Protection Unit; possession of firearms.
Virginia State Police; Executive Protection Unit; possession of firearms. Provides that notwithstanding any other provision of law, a state police officer serving on the Executive Protection Unit may possess a firearm only to the extent permitted by law for a civilian.

9 thoughts on “Another Flood of VA Gun Bills 1/7/2020”

  1. I think this is going to result in a major slap-down from the Supreme Court.

    Assuming that they are interested in things remaining even slightly sane, that is.

    Reply
    • I think the likelihood of anything substantial getting to the Governor’s desk is low.

      But yeah, some of these folks are just jonesing to say “when”, aren’t they?

      Reply
  2. Why don’t they introduce a Bill that makes guns illegal? It seem they are taking the long way around to that end little by little. “Death by a thousand cuts.”
    Rule #1. Governments can pass any Law they want, even if it is unconstitutional.
    Rule #2. It will be the Law until a Court says no, but you may get a TRO in the meantime.

    Reply

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