Virginia Citizens Defense League, Inc., P.O. Box 513, Newington, VA 22122
804-639-0600 • 703-372-3285 • 757-271-3705 • 540-446-5783

VCDL 2019 Legislation Tracking Tool

Bills We Strongly Support

 
Bill Summary Bill Status
HB1656       Patron: Mark L. Cole  -  all patrons                                          
School security officers; employment by private or religious schools; carrying a firearm in performance of duties. Allows private or religious schools to employ a school security officer and to authorize a school security officer to carry a firearm in the performance of his duties, subject to the same criteria for carrying a firearm in the performance of his duties imposed on a school security officer employed by the local school board. The bill also updates the definition of school security officer in the assault and battery statute.



VCDL Comments
This bill allows private or religious schools to have a school security officer, who may carry a firearm if he meets certain criteria. This is a move in the right direction, but the Commonwealth should not be dictating to private or religious schools how they handle their own security in the first place.
11/29/18  House: Prefiled and ordered printed; offered 01/09/19 19100833D
11/29/18  House: Referred to Committee on Education
01/11/19  House: Assigned Education sub: Subcommittee #2
01/16/19  House: Subcommittee recommends reporting (10-Y 0-N)
01/21/19  House: Reported from Education (22-Y 0-N)
01/23/19  House: Read first time
01/24/19  House: Read second time and engrossed
01/25/19  House: Read third time and passed House (78-Y 16-N)
01/25/19  House: VOTE: PASSAGE (78-Y 16-N)
01/28/19  Senate: Constitutional reading dispensed
01/28/19  Senate: Referred to Committee for Courts of Justice
02/06/19  Senate: Reported from Courts of Justice (14-Y 0-N)
02/08/19  Senate: Constitutional reading dispensed (40-Y 0-N)
02/11/19  Senate: Read third time
02/11/19  Senate: Passed Senate (34-Y 6-N)
02/13/19  House: Enrolled
02/13/19  House: Bill text as passed House and Senate (HB1656ER)
02/13/19  House: Signed by Speaker
02/14/19  Senate: Signed by President
02/15/19  House: Enrolled Bill communicated to Governor on February 15, 2019
02/15/19  Governor: Governor's Action Deadline Midnight, February 22, 2019
02/21/19  Governor: Approved by Governor-Chapter 120 (effective 7/1/19)
02/21/19  Governor: Acts of Assembly Chapter text (CHAP0120)




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HB2253       Patron: Brenda L. Pogge  -  all patrons                                          
Nonresident concealed handgun permits; time of issuance. Requires the Department of State Police (Department) to issue a concealed handgun permit to a nonresident within 90 days of receipt of the nonresident's completed application unless it determines that he is disqualified. The bill provides that the Department shall certify the nonresident's application as a de facto concealed handgun permit, which is effective for a period of 90 days after issuance, if the Department has not issued the permit or determined that the nonresident is disqualified within that 90-day period. The bill has a delayed effective date of October 1, 2019.



VCDL Comments
This bill requires that the State Police issue non-resident concealed handgun permits within the same 45 days as localities issue resident permits. It includes a provision for a 90-day temporary permit if the non-resident permit is not issued within the 45-day limit. The state police charge more than the average state for such a permit and are currenly taking SIX MONTHS to process both new permits and renewals, which is the longest in the country by far. Most states process non-resident permits in 75 days or less.
01/08/19  House: Prefiled and ordered printed; offered 01/09/19 19101846D
01/08/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends reporting (4-Y 2-N)
01/18/19  House: Reported from Militia, Police and Public Safety with amendments (12-Y 8-N)
01/22/19  House: Read first time
01/23/19  House: Passed by for the day
01/24/19  House: Passed by for the day
01/25/19  House: Read second time
01/25/19  House: Motion to refer to committee on Appropriations rejected (46-Y 50-N)
01/25/19  House: VOTE: MOTION REJECTED (46-Y 50-N)
01/25/19  House: Committee amendments agreed to
01/25/19  House: Engrossed by House as amended HB2253E
01/25/19  House: Printed as engrossed 19101846D-E
01/28/19  House: Read third time and defeated by House (49-Y 50-N)
01/28/19  House: VOTE: DEFEATED (49-Y 50-N)
01/28/19  House: Reconsideration of defeated action agreed to by House
01/28/19  House: Passed House (50-Y 48-N)
01/28/19  House: VOTE: PASSAGE #2 (50-Y 48-N)
01/29/19  Senate: Constitutional reading dispensed
01/29/19  Senate: Referred to Committee for Courts of Justice
02/06/19  Senate: Reported from Courts of Justice (9-Y 6-N)
02/08/19  Senate: Constitutional reading dispensed (40-Y 0-N)
02/11/19  Senate: Read third time
02/11/19  Senate: Passed Senate (23-Y 16-N)
02/11/19  Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
02/11/19  Senate: Passed Senate (21-Y 19-N)
02/14/19  House: Enrolled
02/14/19  House: Bill text as passed House and Senate (HB2253ER)
02/14/19  House: Signed by Speaker
02/14/19  Senate: Signed by President
02/18/19  House: Enrolled Bill communicated to Governor on February 18, 2019
02/18/19  Governor: Governor's Action Deadline Midnight, March 26, 2019
03/12/19  Governor: Vetoed by Governor
04/03/19  House: House sustained Governor's veto




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HB2548       Patron: Nick Rush  -  all patrons                                          

Restoration of firearms rights; report to State Police. Creates a method whereby circuit courts shall report to the Department of State Police the issuance of a restoration order that unconditionally authorizes the possession, transportation, or carrying of a firearm to a person (i) who has been convicted of a felony; (ii) adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder, kidnapping, robbery by the threat or presentation of firearms, or rape; or (iii) under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act that would be a felony if committed by an adult. The bill provides that if a court enters an order restoring a felon's right, the order shall contain the felon's name and date of birth and the clerk of the court shall certify and forward the restoration order accompanied by a complete set of the petitioner's fingerprints to the Central Criminal Records Exchange (CCRE). The bill provides that the Department of State Police, upon receipt of the restoration order, shall enter the felon's name and description in the CCRE so that law-enforcement personnel accessing the CCRE will be aware of the order's existence. The bill has a delayed effective date of January 1, 2021.



VCDL Comments
This bill improves the mechanism for firearms rights restoration.
01/09/19  House: Prefiled and ordered printed; offered 01/09/19 19101934D
01/09/19  House: Referred to Committee for Courts of Justice
01/15/19  House: Assigned Courts sub: Subcommittee #1
01/21/19  House: Referred from Courts of Justice by voice vote
01/21/19  House: Referred to Committee on Militia, Police and Public Safety
01/22/19  House: Assigned MPPS sub: Subcommittee #1
01/24/19  House: Subcommittee recommends reporting with amendments (5-Y 0-N)
01/25/19  House: Reported from Militia, Police and Public Safety with amendments (20-Y 0-N)
01/29/19  House: Read first time
01/30/19  House: Read second time
01/30/19  House: Committee amendments agreed to
01/30/19  House: Engrossed by House as amended HB2548E
01/30/19  House: Printed as engrossed 19101934D-E
01/31/19  House: Read third time and passed House (98-Y 1-N)
01/31/19  House: VOTE: PASSAGE (98-Y 1-N)
02/01/19  Senate: Constitutional reading dispensed
02/01/19  Senate: Referred to Committee for Courts of Justice
02/06/19  Senate: Reported from Courts of Justice (14-Y 0-N)
02/08/19  Senate: Constitutional reading dispensed (40-Y 0-N)
02/11/19  Senate: Read third time
02/11/19  Senate: Passed Senate (40-Y 0-N)
02/14/19  House: Enrolled
02/14/19  House: Bill text as passed House and Senate (HB2548ER)
02/14/19  House: Signed by Speaker
02/14/19  Senate: Signed by President
02/18/19  House: Enrolled Bill communicated to Governor on February 18, 2019
02/18/19  Governor: Governor's Action Deadline Midnight, March 26, 2019
03/05/19  Governor: Approved by Governor-Chapter 203 (effective 1/1/21)
03/05/19  Governor: Acts of Assembly Chapter text (CHAP0203)




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SB1179       Patron: Richard H. Stuart  -  all patrons                                          
Application for a resident concealed handgun permit; United States Armed Forces. Provides that for purposes of determining domicile to obtain a resident concealed handgun permit a member of the United States Armed Forces is domiciled in the county or city where such member claims his home of record with the United States Armed Forces. The bill clarifies that a member of the United States Armed Forces who is stationed outside of the Commonwealth but domiciled in the Commonwealth may apply for a resident concealed handgun permit.



VCDL Comments
This bill allows a person in the military who is domiciled in Virginia, but stationed outside of Virginia, to apply for a resident concealed handgun permit.
01/03/19  Senate: Prefiled and ordered printed; offered 01/09/19 19100047D
01/03/19  Senate: Referred to Committee for Courts of Justice
01/21/19  Senate: Reported from Courts of Justice (15-Y 0-N)
01/22/19  Senate: Constitutional reading dispensed (39-Y 0-N)
01/23/19  Senate: Read second time and engrossed
01/24/19  Senate: Read third time and passed Senate (40-Y 0-N)
01/29/19  House: Placed on Calendar
01/29/19  House: Read first time
01/29/19  House: Referred to Committee on Militia, Police and Public Safety
02/12/19  House: Assigned MPPS sub: Subcommittee #1
02/14/19  House: Subcommittee recommends reporting (6-Y 0-N)
02/15/19  House: Reported from Militia, Police and Public Safety (18-Y 1-N)
02/18/19  House: Read second time
02/19/19  House: Read third time
02/19/19  House: Passed House (95-Y 3-N)
02/19/19  House: VOTE: PASSAGE (95-Y 3-N)
02/22/19  Senate: Enrolled
02/22/19  Senate: Bill text as passed Senate and House (SB1179ER)
02/22/19  Senate: Signed by President
02/22/19  House: Signed by Speaker
03/04/19  Senate: Enrolled Bill Communicated to Governor on March 4, 2019
03/04/19  Governor: Governor's Action Deadline Midnight, March 26, 2019
03/19/19  Governor: Approved by Governor-Chapter 624 (effective 7/1/19)
03/19/19  Governor: Acts of Assembly Chapter text (CHAP0624)




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Bills We Support

 
Bill Summary Bill Status
 
Bills We Strongly Oppose

 
Bill Summary Bill Status
 
Bills We Oppose

 
Bill Summary Bill Status
 
Bills We Are Currently Neutral On

 
Bill Summary Bill Status
SB1251       Patron: Bryce E. Reeves  -  all patrons                                          

Manufacture and distribution of switchblade knives. Exempts from the prohibition on selling or possessing switchblade knives the possession of any switchblade knife by a manufacturer or distributor in the course of his employment, or employee thereof in the course of his employment, and the wholesale or retail sale of a switchblade knife by a manufacturer or distributor through which the switchblade knife is shipped to any person outside of the Commonwealth.



VCDL Comments
This bill allows bona fide manufacturers, distributors, or retailers of switchblade knives that sells or distributes such knives outside of the Commonwealth to possess switchblade knives while in the Commonwealth.
01/05/19  Senate: Prefiled and ordered printed; offered 01/09/19 19102677D
01/05/19  Senate: Referred to Committee for Courts of Justice
01/14/19  Senate: Reported from Courts of Justice (9-Y 4-N)
01/15/19  Senate: Constitutional reading dispensed (40-Y 0-N)
01/16/19  Senate: Read second time and engrossed
01/17/19  Senate: Read third time and passed Senate (25-Y 15-N)
01/21/19  House: Placed on Calendar
01/21/19  House: Read first time
01/21/19  House: Referred to Committee for Courts of Justice
02/12/19  House: Assigned Courts sub: Subcommittee #1
02/15/19  House: Subcommittee recommends reporting with substitute (6-Y 0-N)
02/18/19  House: Reported from Courts of Justice with substitute (13-Y 4-N)
02/18/19  House: Committee substitute printed 19107204D-H1
02/19/19  House: Read second time
02/20/19  House: Read third time
02/20/19  House: Committee substitute agreed to 19107204D-H1
02/20/19  House: Engrossed by House - committee substitute SB1251H1
02/20/19  House: Passed House with substitute (57-Y 42-N)
02/20/19  House: VOTE: PASSAGE (57-Y 42-N)
02/21/19  Senate: House substitute agreed to by Senate (25-Y 15-N)
02/21/19  Senate: Title replaced 19107204D-H1
02/23/19  Senate: Enrolled
02/23/19  Senate: Bill text as passed Senate and House (SB1251ER)
02/23/19  Senate: Signed by President
02/23/19  House: Signed by Speaker
03/04/19  Senate: Enrolled Bill Communicated to Governor on March 4, 2019
03/04/19  Governor: Governor's Action Deadline Midnight, March 26, 2019
03/21/19  Governor: Vetoed by Governor
04/03/19  Senate: Motion to pass in enrolled form rejected (20-Y 18-N)
04/03/19  Senate: Requires 2/3 affirmative votes to pass in enrolled form
 
Bills That Have Been Rolled Into Other Bills, Continued to Next Year, Withdrawn or Killed

 
Bill Summary Bill Status
SB1012       Patron: Amanda F. Chase  -  all patrons

Carrying a concealed handgun; firefighters and emergency medical services providers. Provides that any firefighter or person employed as emergency medical services personnel may carry a concealed handgun while engaged in the performance of his official duties, provided that such firefighter or person employed as emergency medical services personnel has been approved to carry a concealed handgun by his fire chief or emergency medical services chief. The bill requires the Department of Criminal Justice Services, in consultation with the Office of Emergency Medical Services of the Department of Health and the Department of Fire Programs, to develop a model policy regarding carrying a concealed handgun for firefighters and emergency medical services personnel.



VCDL Comments
This bill allows firefighters or emergency medical services (EMS) personnel to carry a concealed firearm everywhere they may go while on duty and as long as they were previously employed as a law-enforcement officer or served in the armed forces. Firefighters and EMS workers often arrive at the scene of a crime before the police do and need to be able to protect themselves if attacked. They should not have to spend time disarming themselves when going into a location where firearms are normally prohibited, such as a school or courthouse. All that should be required by this bill is that the firefighters or EMS personnel have a concealed handgun permit.
07/26/18  Senate: Prefiled and ordered printed; offered 01/09/19 19100066D
07/26/18  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Reported from Courts of Justice with substitute (8-Y 6-N)
01/16/19  Senate: Committee substitute printed 19105018D-S1
01/18/19  Senate: Constitutional reading dispensed (38-Y 0-N)
01/21/19  Senate: Read second time
01/21/19  Senate: Reading of substitute waived
01/21/19  Senate: Committee substitute agreed to 19105018D-S1
01/21/19  Senate: Engrossed by Senate - committee substitute SB1012S1
01/22/19  Senate: Read third time and passed Senate (21-Y 19-N)
01/24/19  House: Placed on Calendar
01/24/19  House: Read first time
01/24/19  House: Referred to Committee on Militia, Police and Public Safety
02/12/19  House: Assigned MPPS sub: Subcommittee #1
02/14/19  House: Subcommittee recommends reporting (4-Y 2-N)
02/15/19  House: Reported from Militia, Police and Public Safety (11-Y 10-N)
02/18/19  House: Read second time
02/19/19  House: Motion to rerefer to committee agreed to
02/19/19  House: Rereferred to Militia, Police and Public Safety
02/24/19  House: Left in Militia, Police and Public Safety
SB1024       Patron: Richard H. Black  -  all patrons

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.



VCDL Comments
This bill repeals the prohibition on carrying of firearms in a place of worship during a service, unless a person has "good and sufficient reason" to do so. This is a Jim Crow-esqu Blue law where "good and sufficient reason" is not defined anywhere and it is totally at the discretion of each judge as to whether a person falls under that exemption. What is a "place of worship?" If a person has a prayer group in their home, is it considered a service in a "place of worship" at that time? The Commonwealth should not be dictating to churches what they can or cannot do as far as their own security. Finally, churches would continue to be able to prohibit or restrict firearms at all times using Virginia's trespass law, which has a much more severe penalty than 18.2-283 does anyway.
10/15/18  Senate: Prefiled and ordered printed; offered 01/09/19 19100172D
10/15/18  Senate: Referred to Committee for Courts of Justice
01/21/19  Senate: Reported from Courts of Justice (7-Y 6-N)
01/22/19  Senate: Constitutional reading dispensed (39-Y 0-N)
01/23/19  Senate: Read second time and engrossed
01/24/19  Senate: Read third time and passed Senate (21-Y 19-N)
02/04/19  House: Placed on Calendar
02/04/19  House: Read first time
02/04/19  House: Referred to Committee on Rules
02/19/19  House: Left in Rules
SB1158       Patron: Richard H. Black  -  all patrons

Concealed handgun permits. Allows any person who is otherwise eligible to obtain a resident concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.



VCDL Comments
This bill allows a person who would qualify to get a Virginia concealed handgun permit to be able to carry a concealed handgun without a permit anywhere that person could lawfully openly carry a handgun. This is referred to as "Constitutional Carry," which Virginia currently has only for openly carried handguns. Currently thirteen other states have Constitutional Carry: Alaska, Arizona, Arkansas, Idaho, Kansas, Maine, Mississippi, Missouri, New Hampshire, North Dakota, Vermont, West Virginia, and Wyoming. Eighteen other states plan to introduce it or have introduced it: Colorado, Georgia, Indiana, Iowa, Kentucky, Louisiana, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, and Wisconsin. None of the states that have adopted Constitutional Carry have repealed it.
01/02/19  Senate: Prefiled and ordered printed; offered 01/09/19 19101577D
01/02/19  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Reported from Courts of Justice (9-Y 6-N)
01/16/19  Senate: Rereferred to Finance
01/23/19  Senate: Reported from Finance (9-Y 6-N)
01/24/19  Senate: Constitutional reading dispensed (40-Y 0-N)
01/25/19  Senate: Read second time and engrossed
01/28/19  Senate: Read third time and defeated by Senate (18-Y 19-N)
SB1748       Patron: Adam P. Ebbin  -  all patrons

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 1 misdemeanor. The bill 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 and also to assault firearms. The bill redefines "assault firearm" by reducing the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" from more than 20 to more than 10 and prohibits any person from knowingly and intentionally possessing or transporting any assault firearm or from knowingly and intentionally carrying about his person, hidden from common observation, an assault firearm. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory such an assault firearm to any person.



VCDL Comments
This bill, a "kitchen sink" gun-control bill, reduces the number of rounds that a shotgun can hold legally, makes it illegal to possess or transport an "assault" firearm, reduces the magazine size to qualify as a non-assault firearm from 20 to 10 rounds, takes away the ability for aliens lawfully admitted for permanent residence to purchase an assault firearm from a gun dealer, prevents a person under 18-years-old from possessing or transporting a handgun or shotgun with a magazine that will hold more than 7 rounds of ammunition, and makes the sale of magazines that hold more than 10 rounds of ammunition illegal. This bill is a broad assault on the rights of law abiding gun owners and will do nothing to reduce crime. From a practical point of view, handguns that have only 7-round magazines are not common. The commission that studied the Virginia Tech massacre said that limiting Cho to 10-round magazines would have done nothing to mitigate the outcome of that massacre.

Another Legislative Victory For Virginia Gun Owners!
01/17/19  Senate: Presented and ordered printed 19104267D
01/17/19  Senate: Referred to Committee for Courts of Justice
01/28/19  Senate: Passed by indefinitely in Courts of Justice (8-Y 6-N)
HB1691       Patron: Marcus B. Simon  -  all patrons

Manufacture, import, sale, transfer, or possession of undetectable firearms; penalty. Creates a Class 5 felony for any person who manufactures, imports, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, defined in the bill, is not detectable as a firearm by the types of detection devices, including X-ray machines, commonly used at airports for security screening. The bill also updates language regarding the types of detection devices that are used at airports for detecting plastic firearms.



VCDL Comments
This bill changes the definition of an "undetectable firearm." The new definition requires a firearm to be detectable to screening procedures based solely on only the "major components" of the firearm being present. Nonsensically, the new definition does not consider the barrel of a handgun, such as a revolver, to be a major component, but the barrel of a rifle or shotgun is considered a major component. It is not clear what kind of firearm this bill is intending to outlaw and it is not clear how a person would know if his firearm is or is not detectable by current screening procedures since the average person does not have access to those procedures to test the detectability of his firearm.

Another Legislative Victory For Virginia Gun Owners!
12/09/18  House: Prefiled and ordered printed; offered 01/09/19 19100229D
12/09/18  House: Referred to Committee for Courts of Justice
01/14/19  House: Referred from Courts of Justice by voice vote
01/14/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends passing by indefinitely (4-Y 2-N)
02/05/19  House: Left in Militia, Police and Public Safety
HB1763       Patron: Richard C. "Rip" Sullivan, Jr.  -  all patrons

Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or any law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. If an emergency substantial risk order is issued, a judge or magistrate may issue a warrant to remove firearms from such person. An emergency substantial risk warrant shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the person subject to the order resides within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of an order is guilty of a Class 4 felony.



VCDL Comments
This bill creates an Emergency Substantial Risk Order (ESRO) and a Substantial Risk Order (SRO), AKA "Red Flag" laws. The ESRO, which allows the police to confiscate the firearms from the subject of the ESRO, is issued ex-parte, so the subject will have no idea what has transpired and no way to legally defend himself against an ESRO issued upon false or misleading facts. While the subject's firearms are taken, the "dangerous" subject is left walking around with the rest of us, still perfectly able to harm himself or others. The ESRO strips the subject of a constitutionally-protected civil right for up to 14 days without the subject being allowed due process to defend himself. The subject of the ESRO has committed no crime, yet is presumed to be dangerous until the subject can prove he is not, just the opposite of the protections in the Constitution. SROs can be extended endlessly based merely on the word of an accuser, without the subject having been convicted of anything. The police are given a blank check to be careless, as they are not responsible for damages or even the loss of the subject's firearms! ESROs and SROs are about confiscation, not public safety, and are a great way for a disgruntled person to get legal "revenge" against another based merely upon conjecture that the subject might do something in the future. This bill is based around how Emergency Protective Orders are handled, but it does not offer the same due process protections before a person's guns are confiscated.

Another Legislative Victory For Virginia Gun Owners!
12/21/18  House: Prefiled and ordered printed; offered 01/09/19 19102819D
12/21/18  House: Referred to Committee for Courts of Justice
01/14/19  House: Referred from Courts of Justice by voice vote
01/14/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends passing by indefinitely (4-Y 2-N)
02/05/19  House: Left in Militia, Police and Public Safety
SB1454       Patron: L. Louise Lucas  -  all patrons

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 also provides that a transferee who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor. 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; (iv) at firearms shows in accordance with law; (v) that are part of a buy-back or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. 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.



VCDL Comments
This bill, a "kitchen sink" gun-control bill, requires that all private sales of firearms go through a federal firearms licensed dealer ("Universal Background Check"). The dealer may charge up to a $15 fee for the transfer. The bill makes it illegal for a person from another state to purchase a long gun in Virginia, unless they are a dual resident of Virginia and the other state. It also triples the number of days that the State Police can drag their heels when approving the sale of a firearm. This bill will do nothing about crime, but will make it harder and more expensive for a citizen to sell or trade one of his firearms to another citizen. No dealer is required to make such a transfer, possibly making a private transfer all but impossible or not possible in a timely manner. The dealer's and State Police fees will raise the price of the firearm. Finally, this bill will also lead to an inevitable "Universal Registration" scheme at some point in the future to provide for enforcement. Firearms confiscation is the end goal, as is happening right now in California and Hawaii with their universal background checks and associated gun registrations. Illinois has universal background checks, but a 2015 survey of criminals in Illinois prisons showed that only 3% got their firearms after going through a background check! The rest got their guns using straw purchases, theft, from friends, from family, and the black market. Finally, this bill strips a person from 18 to 20 years-old from being able to legally own a handgun, unless that handgun was a gift from a parent. Under current law it is legal for someone in that age range to purchase a handgun from a private seller.

Another Legislative Victory For Virginia Gun Owners!
01/08/19  Senate: Prefiled and ordered printed; offered 01/09/19 19103840D
01/08/19  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Failed to report (defeated) in Courts of Justice (6-Y 8-N)
SB1446       Patron: Mamie E. Locke  -  all patrons

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.



VCDL Comments
This bill reinstates the old "One Handgun a Month" law. There was no evidence to show that the old One Handgun a Month law did anything to reduce crime or gun trafficking. Improvements in the background check system over the years have also made this bill unnecessary.

Another Legislative Victory For Virginia Gun Owners!
01/08/19  Senate: Prefiled and ordered printed; offered 01/09/19 19102140D
01/08/19  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Failed to report (defeated) in Courts of Justice (5-Y 9-N)
HB1899       Patron: John J. Bell  -  all patrons

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.



VCDL Comments
This bill removes online training as an option for those wishing to get a concealed handgun permit. HB 1899is a solution to a non-existent problem and would hurt those who might be in a hurry to get their concealed carry permit due to an unanticipated and immediate threat to their life.

Another Legislative Victory For Virginia Gun Owners!
01/04/19  House: Prefiled and ordered printed; offered 01/09/19 19102207D
01/04/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/24/19  House: Subcommittee recommends laying on the table (4-Y 1-N)
02/05/19  House: Left in Militia, Police and Public Safety
HB1956       Patron: David J. Toscano  -  all patrons

Control of firearms; permitted events. Authorizes any locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in a public space during a permitted event or an event that would otherwise require a permit. The bill contains technical amendments.



VCDL Comments
This bill allows localities to prohibit the carry of firearms or ammunition at any permitted event, or any event that would otherwise require a permit. This legislation is a solution in search of a problem. The only casualties in recent memory at such events were the victims of the intentional use of a vehicle as a weapon. A recent protest at the Robert E. Lee statue in Richmond was attended by people lawfully carrying firearms and there were no issues. Current laws already cover any crimes that can be committed at such events. Disarming the law abiding does NOT make them safer.

Another Legislative Victory For Virginia Gun Owners!
01/06/19  House: Prefiled and ordered printed; offered 01/09/19 19101397D
01/06/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends passing by indefinitely (4-Y 1-N)
02/05/19  House: Left in Militia, Police and Public Safety
SB1210       Patron: L. Louise Lucas  -  all patrons

Paramilitary activities; penalty. Provides that a person is guilty of unlawful paramilitary activity if such person assembles with another person with the intent of intimidating any person or group of persons by drilling, parading, or marching with any firearm or explosive or incendiary device or any components or combination thereof. Such unlawful paramilitary activity is punishable as a Class 5 felony.



VCDL Comments
This bill prohibits one or more persons from intimidating others by drilling, parading, or marching with any firearm or explosive device. Who decides what is considered "intimidation," considering a violation is a felony?

Another Legislative Victory For Virginia Gun Owners!
01/04/19  Senate: Prefiled and ordered printed; offered 01/09/19 19100501D
01/04/19  Senate: Referred to Committee for Courts of Justice
01/14/19  Senate: Reported from Courts of Justice with substitute (7-Y 6-N)
01/14/19  Senate: Committee substitute printed 19104622D-S1
01/14/19  Senate: Rereferred to Finance
02/06/19  Senate: Left in Finance
HB1992       Patron: Marcia S. "Cia" Price  -  all patrons

Localities; regulation of firearms in government buildings. Allows localities and authorized agents of such localities to regulate the possession of firearms, ammunition, or components or combination thereof in, or the carrying of such items into, any building owned or used by such locality for governmental purposes. The bill also removes the prohibition against a locality regulating the purchase, transfer, ownership, carrying, storage, or transporting of such items. Current law prohibits localities from adopting or enforcing any ordinance, resolution, or motion regarding firearms, ammunition, or components or combination thereof, except workplace rules relating to terms and conditions of employment of the workforce or unless such ordinance, resolution, or motion is expressly authorized by statute.



VCDL Comments
This bill guts Virginia's firearms preemption laws. It not only allows localities to create a confusing patchwork of areas where possession of a firearm, ammunition, and components of the same are prohibited, it also removes the restrictions on localities controlling the purchase, transfer, ownership, carrying, storage, and transporting of those items. This bill takes us back to the days when local gun laws were so confusing that no one knew what all of them were, even the police. Current law allows only the General Assembly, with its 140 members vs 5 to 9 members for local government, to make a case-by-case decision on anything affecting firearms, making for a set of uniform gun laws across the Commonwealth.

Another Legislative Victory For Virginia Gun Owners!
01/07/19  House: Prefiled and ordered printed; offered 01/09/19 19101997D
01/07/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends passing by indefinitely (4-Y 2-N)
02/05/19  House: Left in Militia, Police and Public Safety
HB2027       Patron: Kathleen Murphy  -  all patrons

Action against parents for minor knowingly possessing a firearm on school property; civil liability. Creates a civil cause of action against the parent, guardian, legal custodian, or other person standing in loco parentis of a minor for injury to the person or property of another or for wrongful death resulting from the minor knowingly possessing a firearm on school property if it can be shown by clear and convincing evidence that the minor came into possession of such firearm because of the failure of the civil defendant to reasonably secure the firearm. The bill provides that any recovery from the parent, guardian, legal custodian, or other person standing in loco parentis of such minor shall not preclude full recovery from such minor, except to the amount of recovery from such parent, guardian, legal custodian, or other person standing in loco parentis.



VCDL Comments
This bill makes the parents, or others standing in loco parentis, open to civil liability if a child comes into the possession of a firearm because the civil defendant failed to "reasonably" secure that firearm and a person or property is injured or damaged, or a person is killed, on school property. "Reasonably" isn't defined and will therefore vary for each defendant. There needs to be a clear definition of what is "reasonable" so that a person can comply with the law.

Another Legislative Victory For Virginia Gun Owners!
01/07/19  House: Prefiled and ordered printed; offered 01/09/19 19101996D
01/07/19  House: Referred to Committee for Courts of Justice
01/22/19  House: Assigned Courts sub: Subcommittee #2
01/23/19  House: Subcommittee failed to recommend reporting (2-Y 5-N)
02/05/19  House: Left in Courts of Justice
SB1162       Patron: Richard L. Saslaw  -  all patrons

Firearm transfers; criminal history record information checks; age requirement; penalty. Provides that a person must be age 21 or older, or must have attained age 18 by July 1, 2019, to purchase a firearm. The bill requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors of firearms to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and transfers the firearm to another person is guilty of a Class 1 misdemeanor. 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 when the firearm is property of such estate or trust; (iv) at firearms shows in accordance with law; (v) that occur under a voluntary gun buyback or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary and (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.



VCDL Comments
This bill requires that all private sales of firearms go through a federal firearms licensed dealer ("Universal Background Check"). This bill will do nothing about crime, but will make it harder and more expensive for a citizen to sell or trade one of his firearms to another citizen. No dealer is required to make such a transfer, possibly making a private transfer all but impossible or not possible in a timely manner. The dealer may charge a fee of up to $15, raising the price of the firearm. Finally, this bill will also lead to an inevitable "Universal Registration" scheme at some point in the future to provide for enforcement. Firearms confiscation is the end goal, as is happening right now in California and Hawaii with their universal background checks and associated gun registrations. Illinois has universal background checks, but a 2015 survey of criminals in Illinois prisons showed that only 3% got their firearms after going through a background check! The rest got their guns using straw purchases, theft, from friends, from family, and the black market. Finally, this bill strips a person from 18 to 20 years-old from being able to legally purchase any firearm, unless that firearm was a gift from a parent or a personal friend. Under current law it is legal for someone in that age range to purchase a long gun from a dealer or private seller and a handgun from a private seller only.

Another Legislative Victory For Virginia Gun Owners!
01/02/19  Senate: Prefiled and ordered printed; offered 01/09/19 19100712D
01/02/19  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Passed by indefinitely in Courts of Justice (9-Y 6-N)
HB1856       Patron: Delores L. McQuinn  -  all patrons

Control of firearms; libraries owned or operated by localities. Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components or a combination thereof in libraries owned or operated by the locality.



VCDL Comments
This bill is a perennial bill that gives localities the option to ban firearms from their public libraries. A solution in desperate search of a problem. "Gun-free zones" are where the vast majority of public mass shootings occur.

Another Legislative Victory For Virginia Gun Owners!
01/03/19  House: Prefiled and ordered printed; offered 01/09/19 19101207D
01/03/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends laying on the table (4-Y 2-N)
02/05/19  House: Left in Militia, Police and Public Safety
SB1096       Patron: Janet D. Howell  -  all patrons

Allowing access to firearms by minors; 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. The bill contains technical amendments.



VCDL Comments
This bill removes the "reckless" requirement, raises the age requirement from 14 to 18, and increases the penalty from a misdemeanor to a felony for someone who leaves a loaded, unsecured firearm in such a manner as to endanger life or limb of someone under the age of 18. For someone to be charged with a felony, their actions should be reckless. Also, if a person's home is broken into by a 17-year-old and there is a loaded gun on a table, the homeowner could be charged with a felony under this bill. The homeowner's actions weren't reckless, as they weren't expecting anyone under 18 to be in their home, but without the reckless requirement, the homeowner could be charged because they are "endangering the life or limb of a person under the age of 18!" Finally, a person under 18-years-old can be both very mature and have had training with firearms where leaving the loaded firearm out is not dangerous. In fact there have been plenty of cases where a person under 18-years-old has used a firearm to stop a violent home-invasion.

Another Legislative Victory For Virginia Gun Owners!
12/20/18  Senate: Prefiled and ordered printed; offered 01/09/19 19102249D
12/20/18  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Committee substitute printed to LIS only 19104843D-S1
01/16/19  Senate: Failed to report (defeated) in Courts of Justice (6-Y 8-N)
HB2244       Patron: Richard C. "Rip" Sullivan, Jr.  -  all patrons

Possession or transportation of firearms following convictions for certain misdemeanor crimes; restoration of rights; penalty. Prohibits a person who has been convicted of assault and battery when the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color, or national origin from 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 crimes may petition the circuit court for a reinstatement of his right to possess or transport a firearm.



VCDL Comments
This bill takes away a person's right to purchase, possess, or transport a firearm if they are guilty of certain misdemeanor assault and battery charges. The bill has a provision to petition the court for rights restoration after two years have elapsed since the conviction. Misdemeanors should never be used to strip away person's civil right to purchase, possess, or transport a firearm.

Another Legislative Victory For Virginia Gun Owners!
01/08/19  House: Prefiled and ordered printed; offered 01/09/19 19101312D
01/08/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends passing by indefinitely (4-Y 1-N)
02/04/19  House: Read second time
02/05/19  House: Left in Militia, Police and Public Safety
HB2285       Patron: C.E. Cliff Hayes, Jr.  -  all patrons

Allowing access to firearms by minors; penalty. Provides that any person who negligently 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.



VCDL Comments
This bill removes the "reckless" requirement and replaces it with "negligent," raises the age requirement from 14 to 18, and increases the penalty from a misdemeanor to a felony for someone who leaves a loaded, unsecured firearm in such a manner as to endanger life or limb of someone under the age of 18. For someone to be charged with a felony, their actions should be reckless. Also, if a person's home is broken into by a 17-year-old and there is a loaded gun on a table, the homeowner could be charged with a felony under this bill. The homeowner's actions weren't negligent, as they weren't expecting anyone under 18 to be in their home, but without the reckless requirement, the homeowner could be charged because they are "endangering the life or limb of a person under the age of 18!" Finally, a person under 18-years-old can be both very mature and have had training with firearms where leaving the loaded firearm out is not dangerous or negligent. In fact there have been plenty of cases where a person under 18-years-old has used a firearm to stop a violent home-invasion.

Another Legislative Victory For Virginia Gun Owners!
01/08/19  House: Prefiled and ordered printed; offered 01/09/19 19102156D
01/08/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends passing by indefinitely (4-Y 1-N)
02/05/19  House: Left in Militia, Police and Public Safety
SB1034       Patron: Mamie E. Locke  -  all patrons

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.



VCDL Comments
This bill reinstates the old "One Handgun a Month" law. There was no evidence to show that the old One Handgun a Month law did anything to reduce crime or gun trafficking. Improvements in the background check system over the years have also made this bill unnecessary.

Another Legislative Victory For Virginia Gun Owners!
10/30/18  Senate: Prefiled and ordered printed; offered 01/09/19 19100185D
10/30/18  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Failed to report (defeated) in Courts of Justice (5-Y 9-N)
HB1654       Patron: Sam Rasoul  -  all patrons

Prohibited carrying of certain firearms in public areas; penalty. Prohibits the carrying of a loaded shotgun or rifle in places open to the public in certain cities and counties. Current law prohibits the carrying in such locations of certain loaded firearms with high capacity magazines, silencers, or folding stock, or a loaded shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered. The bill adds the City of Roanoke to the list of cities in which the carrying of such firearms is prohibited.



VCDL Comments
This bill adds Roanoke to the list of localities where certain loaded firearms cannot be carried. Confusingly it prohibits the carry of rifles in those localities if the rifles are loaded and have a magazine that will hold more than 20 rounds (current law) and then turns around and prohibits all loaded rifles anyway! It also makes any loaded shotgun, regardless of magazine capacity, unlawful to carry in those localities. 18.2-287.4 needlessly infringes on the right to keep and bear arms and should be repealed, not expanded.

Another Legislative Victory For Virginia Gun Owners!
11/29/18  House: Prefiled and ordered printed; offered 01/09/19 19101263D
11/29/18  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends passing by indefinitely (4-Y 2-N)
02/05/19  House: Left in Militia, Police and Public Safety
HB1644       Patron: Jeffrey M. Bourne  -  all patrons

Reporting lost or stolen firearms; civil penalty. Requires a person who lawfully possesses a firearm to report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center (NCIC). A violation is punishable by a civil penalty of $50 for a first offense and not less than $100 or more than $250 for any subsequent offense. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from the loss or theft; the immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.



VCDL Comments
This bill requires that a person report a lost or stolen firearm within 24 hours of discovering the firearm is lost or stolen. The penalty is $50 for the first offense and between $100 and $250 for subsequent offenses. A person in good faith who reports such a lost or stolen firearm is immune from any criminal or civil damage from acts using the firearm. The victim gets punished twice: once by the theft or loss and next by the government for not reporting the loss quickly enough. Who's to say exactly when the victim "discovered" the loss or theft? The bill also is setting a precedent that the victim is somehow liable for the misuse of a stolen firearm if he doesn't report it stolen quickly enough.

Another Legislative Victory For Virginia Gun Owners!
11/27/18  House: Prefiled and ordered printed; offered 01/09/19 19100301D
11/27/18  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends passing by indefinitely (4-Y 2-N)
02/05/19  House: Left in Militia, Police and Public Safety
HB2492       Patron: Kathy K.L. Tran  -  all patrons

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 1 misdemeanor. The bill 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 and also to assault firearms. The bill redefines "assault firearm" by reducing the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" from more than 20 to more than 10 and prohibits any person from knowingly and intentionally possessing or transporting any assault firearm or from knowingly and intentionally carrying about his person, hidden from common observation, an assault firearm. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory such an assault firearm to any person.



VCDL Comments
This bill, a "kitchen sink" gun-control bill, reduces the number of rounds that a shotgun can hold legally, makes it illegal to possess or transport an "assault" firearm, reduces the magazine size to qualify as a non-assault firearm from 20 to 10 rounds, takes away the ability for aliens lawfully admitted for permanent residence to purchase an assault firearm from a gun dealer, prevents a person under 18-years-old from possessing or transporting a handgun or shotgun with a magazine that will hold more than 7 rounds of ammunition, and makes the sale of magazines that hold more than 10 rounds of ammunition illegal. This bill is a broad assault on the rights of law abiding gun owners and will do nothing to reduce crime. From a practical point of view, handguns that have only 7-round magazines are not common. The commission that studied the Virginia Tech massacre said that limiting Cho to 10-round magazines would have done nothing to mitigate the outcome of that massacre.

Another Legislative Victory For Virginia Gun Owners!
01/09/19  House: Prefiled and ordered printed; offered 01/09/19 19104042D
01/09/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends passing by indefinitely (4-Y 1-N)
02/05/19  House: Left in Militia, Police and Public Safety
HB2504       Patron: Kathleen Murphy  -  all patrons

Protective orders; possession of firearms; penalties. 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. This penalty 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. The bill requires that any person who is prohibited from possessing a firearm because he is subject to a permanent protective order certify in writing to the clerk of the court that issued the order within 48 hours after being served with the order that any firearm in his possession has been sold or transferred. The bill provides that failure to file such certification is a Class 1 misdemeanor.



VCDL Comments
This bill takes away a person's right to possess a firearm if they are subject to a permanent protective order that does not deal with family abuse. There are two sides to every story and a protective order which prohibits possession of firearms altogether can be gotten in bad faith and used as a weapon to disarm someone with the intent of attacking them once they are disarmed. Also, this kind of protective order is handed out like candy during divorces and a restriction on merely possessing a firearm at home is overreach.

Another Legislative Victory For Virginia Gun Owners!
01/09/19  House: Prefiled and ordered printed; offered 01/09/19 19103833D
01/09/19  House: Referred to Committee for Courts of Justice
02/05/19  House: Left in Courts of Justice
HB2604       Patron: Jeion A. Ward  -  all patrons

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.



VCDL Comments
This bill reinstates the old "One Handgun a Month" law. There was no evidence to show that the old One Handgun a Month law did anything to reduce crime or gun trafficking. Improvements in the background check system over the years have also made this bill unnecessary.

Another Legislative Victory For Virginia Gun Owners!
01/09/19  House: Presented and ordered printed 19102139D
01/09/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends passing by indefinitely (4-Y 1-N)
02/05/19  House: Left in Militia, Police and Public Safety
HB2797       Patron: Eileen Filler-Corn  -  all patrons

Handgun and assault firearm transfers; criminal history record checks; age requirement; penalty. Provides that to purchase a handgun or an assault firearm from a licensed firearm dealer, a person must (i) be age 21 or older, (ii) have attained age 18 by July 1, 2019, or (iii) be 18, 19, or 20 and have received a high school diploma, have passed a high school equivalency examination approved by the Board of Education, or be a member of the Armed Forces of the United States or the National Guard of the Commonwealth or any other state and must consent in writing to have the dealer obtain criminal history record information. The bill also redefines "assault firearm" as the term applies to firearm transfers by licensed firearm dealers by reducing from more than 20 to more than 10 the number of rounds of ammunition that a firearms magazine for such firearm will hold in order to be defined as an "assault firearm."



VCDL Comments
This bill makes it illegal for a person 18, 19, or 20 years old to purchase a handgun or "assault firearm" unless they have a high school diploma or equivalency or is a member of the Armed Forces or National Guard. The purchaser must also sign a form allowing the Virginia State Police to do a background check on them. The term "assault firearm" is redifined as one that has only 10-round magazine, as opposed to the current 20-round magazine. This bill illustrates how little those who push gun control understand guns and gun laws. It is illegal for a dealer under FEDERAL law to sell a handgun to anyone under 21 years of age and no state law can change that.

Another Legislative Victory For Virginia Gun Owners!
01/18/19  House: Presented and ordered printed 19104846D
01/18/19  House: Referred to Committee on Militia, Police and Public Safety
01/22/19  House: Assigned MPPS sub: Subcommittee #1
01/24/19  House: Subcommittee recommends passing by indefinitely (4-Y 1-N)
02/05/19  House: Left in Militia, Police and Public Safety
SB1008       Patron: Adam P. Ebbin  -  all patrons

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 a trigger activator, which includes a trigger crank or bump-fire device, that is designed to increase the rate of fire of a semiautomatic rifle but does not convert the semiautomatic rifle into a machine gun. A violation is punishable as a Class 1 misdemeanor for a first or second offense and a Class 6 felony for a third or subsequent offense of this or certain other firearms offenses.



VCDL Comments
This bill makes any previously legal firearm accessory that can "increase the rate-of-fire" of a semi-automatic rifle illegal. There is no grandfathering of any existing devices nor compensation for confiscation or destruction of these devices (a "taking" under the Constitution). Since there is no limit as to how tiny the "increased rate of fire" can be, almost any modification to a semi-automatic rifle might arguably qualify. Keep in mind that a person can bump fire an unmodified semi-automatic rifle with just their bare hands using any of several well-known techniques!

Another Legislative Victory For Virginia Gun Owners!
07/23/18  Senate: Prefiled and ordered printed; offered 01/09/19 19100111D
07/23/18  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Stricken at the request of Patron in Courts of Justice (14-Y 0-N)
HB2479       Patron: Kenneth R. Plum  -  all patrons

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 also provides that a transferee who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor. 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; (iv) at firearms shows in accordance with law; (v) that are part of a buy-back or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. 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.



VCDL Comments
This bill, a "kitchen sink" gun-control bill, requires that all private sales of firearms go through a federal firearms licensed dealer ("Universal Background Check"). The dealer may charge up to a $15 fee for the transfer. The bill makes it illegal for a person from another state to purchase a long gun in Virginia, unless they are a dual resident of Virginia and the other state. It also triples the number of days that the State Police can drag their heels when approving the sale of a firearm. This bill will do nothing about crime, but will make it harder and more expensive for a citizen to sell or trade one of his firearms to another citizen. No dealer is required to make such a transfer, possibly making a private transfer all but impossible or not possible in a timely manner. The dealer's and State Police fees will raise the price of the firearm. Finally, this bill will also lead to an inevitable "Universal Registration" scheme at some point in the future to provide for enforcement. Firearms confiscation is the end goal, as is happening right now in California and Hawaii with their universal background checks and associated gun registrations. Illinois has universal background checks, but a 2015 survey of criminals in Illinois prisons showed that only 3% got their firearms after going through a background check! The rest got their guns using straw purchases, theft, from friends, from family, and the black market. Finally, this bill strips a person from 18 to 20 years-old from being able to legally own a handgun, unless that handgun was a gift from a parent. Under current law it is legal for someone in that age range to purchase a handgun from a private seller.

Another Legislative Victory For Virginia Gun Owners!
01/09/19  House: Prefiled and ordered printed; offered 01/09/19 19103834D
01/09/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends passing by indefinitely (4-Y 1-N)
02/05/19  House: Left in Militia, Police and Public Safety
HB2399       Patron: Alfonso H. Lopez  -  all patrons

Transfer of firearms; criminal history record check delay; penalty. Increases from the end of the next business day to within five business days the time in which State Police must advise a dealer if its records indicate that a firearms buyer or transferee is prohibited from possessing or transporting a firearm and the time after which a dealer may complete the sale or transfer without a response from the State Police. The bill removes the option in current law that a dealer may immediately complete the sale or transfer if he is advised by the State Police that a response will not be available within the required timeframe.



VCDL Comments
This bill increases the number of days that the State Police can drag their feet in approving the sale of a firearm from one business day to five business days. It's bad enough that a civil right is being infringed by requiring a background check, but a right delayed is a right denied. Every day that a person has to wait for approval is a day that their life could be in needless jeopardy. The current system is working and doesn't need to be made any slower.

Another Legislative Victory For Virginia Gun Owners!
01/08/19  House: Prefiled and ordered printed; offered 01/09/19 19102530D
01/08/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends passing by indefinitely (4-Y 1-N)
02/05/19  House: Left in Militia, Police and Public Safety
SB1467       Patron: Richard L. Saslaw  -  all patrons


Protective orders; possession of firearms; surrender or transfer of firearms; penalties. 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, sell or transfer any firearm possessed by such person to a dealer, or sell or transfer any firearm possessed by such person to any person who is not otherwise prohibited by law from possessing such firearm, provided that such person will not allow the person subject to a protective order to exert any influence or control over the sold or transferred firearm, 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 48 hours after being served with a protective order. The bill provides that within 48 hours after surrendering or selling or transferring all firearms, such person must 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. The bill also provides that any person subject to a protective order who fails to certify in writing that all firearms possessed by such person have either been surrendered or 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 provides that any person who buys or has a firearm transferred to him from a person subject to a permanent protective order and allows the person subject to a protective order to exert any influence or control over the sold or transferred firearm is guilty of a Class 1 misdemeanor.



VCDL Comments
This bill takes away a person's right to possess a firearm if they are subject to a permanent protective order that does not deal with family abuse. There are two sides to every story and a protective order which prohibits possession of firearms altogether can be gotten in bad faith and used as a weapon to disarm someone with the intent of attacking them once they are disarmed. Also, this kind of protective order is handed out like candy during divorces and a restriction on merely possessing a firearm at home is overreach. The bill also provides no timeframe for a firearm to be returned to the owner once the protective order is listed.

Another Legislative Victory For Virginia Gun Owners!
01/08/19  Senate: Prefiled and ordered printed; offered 01/09/19 19103735D
01/08/19  Senate: Referred to Committee for Courts of Justice
01/28/19  Senate: Committee substitute printed to LIS only 19105181D-S1
01/28/19  Senate: Passed by indefinitely in Courts of Justice (8-Y 6-N)
SB1078       Patron: Janet D. Howell  -  all patrons

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.



VCDL Comments
This bill takes away a person's right to possess a firearm if they are subject to a permanent protective order that does not deal with family abuse. There are two sides to every story and a protective order which prohibits possession of firearms altogether can be gotten in bad faith and used as a weapon to disarm someone with the intent of attacking them once they are disarmed. Also, this kind of protective order is handed out like candy during divorces and a restriction on merely possessing a firearm at home is overreach.

Another Legislative Victory For Virginia Gun Owners!
12/13/18  Senate: Prefiled and ordered printed; offered 01/09/19 19100829D
12/13/18  Senate: Referred to Committee for Courts of Justice
01/21/19  Senate: Reported from Courts of Justice with substitute (14-Y 0-N 1-A)
01/21/19  Senate: Committee substitute printed 19104844D-S1
01/21/19  Senate: Rereferred to Finance
02/06/19  Senate: Left in Finance
SB1084       Patron: David W. Marsden  -  all patrons

Use of firearm in commission of crime; civil liability. Provides that a person may be held civilly liable for injury to the person or property of another or for wrongful death resulting from the use of a firearm in the commission of a crime if it can be shown by clear and convincing evidence that the firearm came into the possession of the person who committed the crime because of the failure of the civil defendant to reasonably secure the firearm from theft or unauthorized possession. The bill provides that a civil defendant exercising the ordinary standard of care for securing firearms will not be held civilly liable.



VCDL Comments
This bill allows a gun owner to be held civilly liable for failing to "reasonably secure" a firearm that is used in a crime. The gun owner is punished twice: once when is gun is stolen and again if the gun is used in a crime. We don't hold car owners civilly liable if their stolen vehicle is used in the commission of a bank robbery. Also, only the "clear and convincing" standard is used when determining if the "reasonably secure" condition is met. Finally, "reasonably secure" is not defined, so different judges could come to different opinions on the exact same set of circumstances.

Another Legislative Victory For Virginia Gun Owners!
12/17/18  Senate: Prefiled and ordered printed; offered 01/09/19 19101669D
12/17/18  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Passed by indefinitely in Courts of Justice (11-Y 4-N)
SB1321       Patron: Emmett W. Hanger, Jr.  -  all patrons

Licensed family day homes; storage of firearms. Requires that firearms and ammunition in a licensed family day home be stored in a locked closet, cabinet, or container during the family day home's hours of operation. The bill requires that the key or combination to such locked storage places be maintained out of the reach of all children in the family day home.



VCDL Comments
This bill requires firearms or ammunition in a licensed family day home to be stored in a locked container during hours of operation. It originally allowed the firearm to be lawfully carried on an individual's person but has now been modified to be an outright ban.

Another Legislative Victory For Virginia Gun Owners!
01/07/19  Senate: Prefiled and ordered printed; offered 01/09/19 19102912D
01/07/19  Senate: Referred to Committee for Courts of Justice
01/14/19  Senate: Rereferred from Courts of Justice (13-Y 0-N)
01/14/19  Senate: Rereferred to Rehabilitation and Social Services
01/22/19  Senate: Assigned Rehab sub: Subcommittee #2
02/01/19  Senate: Committee substitute printed 19105893D-S1
02/01/19  Senate: Reported from Rehabilitation and Social Services with substitute (11-Y 1-N 2-A)
02/04/19  Senate: Constitutional reading dispensed (40-Y 0-N)
02/05/19  Senate: Read second time
02/05/19  Senate: Reading of substitute waived
02/05/19  Senate: Committee substitute agreed to 19105893D-S1
02/05/19  Senate: Engrossed by Senate - committee substitute SB1321S1
02/05/19  Senate: Constitutional reading dispensed (39-Y 0-N)
02/05/19  Senate: Passed Senate (35-Y 4-N)
02/08/19  House: Placed on Calendar
02/08/19  House: Read first time
02/08/19  House: Referred to Committee on Militia, Police and Public Safety
02/12/19  House: Assigned MPPS sub: Subcommittee #1
02/14/19  House: Subcommittee recommends passing by indefinitely (6-Y 0-N)
02/19/19  House: Left in Militia, Police and Public Safety
SB1303       Patron: John S. Edwards  -  all patrons

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 or operated by the locality.



VCDL Comments
This bill allows localities to ban firearms at any local government meeting. A solution to a non-existant problem that infringes on the right of Virginians to be able to defend themselves. Worse, gun-free zones are where the vast majority of mass public shootings occur, as disarmed, helpless victims are a favorite of criminals. In Kirkwood, Missouri in 2008 a person killed two police officers, giving him control of a City Council meeting, as no one else was armed. He then proceeded to kill 3 more people and wound 2 others. In Virginia, the killer would not have known who in attendance had a concealed handgun on them, including the City Council members. Killing the police officers wouldn't necessarily have put him in control of the meeting.

Another Legislative Victory For Virginia Gun Owners!
01/07/19  Senate: Prefiled and ordered printed; offered 01/09/19 19102379D
01/07/19  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Failed to report (defeated) in Courts of Justice (6-Y 8-N)
SB1164       Patron: Richard L. Saslaw  -  all patrons

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 of firearms 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 Class 1 misdemeanor. 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; (iv) at firearms shows in accordance with law; (v) that are part of a buyback or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.



VCDL Comments
This bill requires that all private sales of firearms go through a federal firearms licensed dealer ("Universal Background Check"). This bill will do nothing about crime, but will make it harder and more expensive for a citizen to sell or trade one of his firearms to another citizen. No dealer is required to make such a transfer, possibly making a private transfer all but impossible or not possible in a timely manner. The dealer may charge a fee of up to $15, raising the price of the firearm. Finally, this bill will also lead to an inevitable "Universal Registration" scheme at some point in the future to provide for enforcement. Firearms confiscation is the end goal, as is happening right now in California and Hawaii with their universal background checks and associated gun registrations. Illinois has universal background checks, but a 2015 survey of criminals in Illinois prisons showed that only 3% got their firearms after going through a background check! The rest got their guns using straw purchases, theft, from friends, from family, and the black market.

Another Legislative Victory For Virginia Gun Owners!
01/02/19  Senate: Prefiled and ordered printed; offered 01/09/19 19100714D
01/02/19  Senate: Referred to Committee for Courts of Justice
01/21/19  Senate: Failed to report (defeated) in Courts of Justice (6-Y 9-N)
SB1163       Patron: Richard L. Saslaw  -  all patrons

Trigger activators designed to increase the rate of fire of firearms; prohibition; penalty. Prohibits the manufacture, importation, sale or offer to sell, possession, transfer, or transportation of a trigger activator, which includes a trigger crank or bump-fire device, that is designed to increase the rate of fire of a semiautomatic rifle but does not convert the semiautomatic rifle into a machine gun. A violation is punishable as a Class 6 felony.



VCDL Comments
This bill makes any previously legal firearm accessory that can "increase the rate-of-fire" of a semi-automatic rifle illegal. There is no grandfathering of any existing devices nor compensation for confiscation or destruction of these devices (a "taking" under the Constitution). Since there is no limit as to how tiny the "increased rate of fire" can be, almost any modification to a semi-automatic rifle might arguably qualify. Keep in mind that a person can bump fire an unmodified semi-automatic rifle with just their bare hands using any of several well-known techniques!

Another Legislative Victory For Virginia Gun Owners!
01/02/19  Senate: Prefiled and ordered printed; offered 01/09/19 19100713D
01/02/19  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Reported from Courts of Justice (9-Y 6-N)
01/16/19  Senate: Rereferred to Finance
02/06/19  Senate: Left in Finance
SB1324       Patron: Jennifer L. McClellan  -  all patrons

Reporting lost or stolen firearms; civil penalty. Requires a person who lawfully possesses a firearm to report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center (NCIC). A violation is punishable by a civil penalty of $50 for a first offense and not less than $100 or more than $250 for any subsequent offense. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from the loss or theft; the immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.



VCDL Comments
This bill requires that a person report a lost or stolen firearm within 24 hours of discovering the firearm is lost or stolen. The penalty is $50 for the first offense and between $100 and $250 for subsequent offenses. A person in good faith who reports such a lost or stolen firearm is immune from any criminal or civil damage from acts using the firearm. The victim gets punished twice: once by the theft or loss and next by the government for not reporting the loss quickly enough. Who's to say exactly when the victim "discovered" the loss or theft? The bill also is setting a precedent that the victim is somehow liable for the misuse of a stolen firearm if he doesn't report it stolen quickly enough.

Another Legislative Victory For Virginia Gun Owners!
01/07/19  Senate: Prefiled and ordered printed; offered 01/09/19 19101304D
01/07/19  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Committee amendments
01/16/19  Senate: Failed to report (defeated) in Courts of Justice (6-Y 8-N)
SB1458       Patron: George L. Barker  -  all patrons


Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or any law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. If an emergency substantial risk order is issued, a judge or magistrate may issue a warrant to remove firearms from such person. An emergency substantial risk warrant shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the person is subject to the order resides within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of an order is guilty of a Class 4 felony.



VCDL Comments
This bill creates an Emergency Substantial Risk Order (ESRO) and a Substantial Risk Order (SRO), AKA "Red Flag" laws. The ESRO, which allows the police to confiscate the firearms from the subject of the ESRO, is issued ex-parte, so the subject will have no idea what has transpired and no way to legally defend himself against an ESRO issued upon false or misleading facts. While the subject's firearms are taken, the "dangerous" subject is left walking around with the rest of us, still perfectly able to harm himself or others. The ESRO strips the subject of a constitutionally-protected civil right for up to 14 days without the subject being allowed due process to defend himself. The subject of the ESRO has committed no crime, yet is presumed to be dangerous until the subject can prove he is not, just the opposite of the protections in the Constitution. SROs can be extended endlessly based merely on the word of an accuser, without the subject having been convicted of anything. The police are given a blank check to be careless, as they are not responsible for damages or even the loss of the subject's firearms! ESROs and SROs are about confiscation, not public safety, and are a great way for a disgruntled person to get legal "revenge" against another based merely upon conjecture that the subject might do something in the future. This bill is based around how Emergency Protective Orders are handled, but it does not offer the same due process protections before a person's guns are confiscated.

Another Legislative Victory For Virginia Gun Owners!
01/08/19  Senate: Prefiled and ordered printed; offered 01/09/19 19103839D
01/08/19  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Committee substitute printed to LIS only 19105096D-S1
01/16/19  Senate: Failed to report (defeated) in Courts of Justice (7-Y 7-N)
SB1473       Patron: R. Creigh Deeds  -  all patrons

Control of firearms; permitted events. Authorizes any locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in a public space during a permitted event or an event that would otherwise require a permit. The bill contains technical amendments.



VCDL Comments
This bill allows localities to prohibit the carry of firearms or ammunition at any permitted event, or any event that would otherwise require a permit. This legislation is a solution in search of a problem. The only casualties in recent memory at such events were the victims of the intentional use of a vehicle as a weapon. A recent protest at the Robert E. Lee statue in Richmond was attended by people lawfully carrying firearms and there were no issues. Current laws already cover any crimes that can be committed at such events. Disarming the law abiding does NOT make them safer.

Another Legislative Victory For Virginia Gun Owners!
01/08/19  Senate: Prefiled and ordered printed; offered 01/09/19 19101398D
01/08/19  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Failed to report (defeated) in Courts of Justice (6-Y 8-N)
SB1482       Patron: R. Creigh Deeds  -  all patrons

Prohibition on carrying of certain firearms in public places; County of Albemarle and City of Charlottesville; penalty. Adds the County of Albemarle and the City of Charlottesville to the list of localities in which it is unlawful for a person to carry certain firearms in public places.



VCDL Comments
This bill adds Charlottesville and Albemarle County to the list of localities where there are restrictions on the carry of certain loaded firearms. VCDL has been unable to find any cases where this code section has been enforced, much less any convictions. This code section should be repealed as unnecessary.

Another Legislative Victory For Virginia Gun Owners!
01/08/19  Senate: Prefiled and ordered printed; offered 01/09/19 19101970D
01/08/19  Senate: Referred to Committee for Courts of Justice
01/16/19  Senate: Failed to report (defeated) in Courts of Justice (7-Y 7-N)
HB2206       Patron: Eileen Filler-Corn  -  all patrons

Sales tax exemption; gun safes. Establishes an exemption from retail sales tax for a gun safe with a selling price of $1,000 or less. The bill defines a gun safe as a safe or vault that is (i) commercially available, (ii) secured with a digital or dial combination locking mechanism or biometric locking mechanism, and (iii) designed for the storage of a firearm or of ammunition for use in a firearm. Under the bill, a gun safe does not include a glass-faced cabinet.



VCDL Comments
This bill removes sales tax from metal gun safes that sell for $1,000 or less. This encourages citizens to purchase a gun safe, including those with quick-opening biometric systems.
01/08/19  House: Prefiled and ordered printed; offered 01/09/19 19101314D
01/08/19  House: Referred to Committee on Finance
01/18/19  House: Assigned Finance sub: Subcommittee #2
02/05/19  House: Left in Finance
HB1834       Patron: Daniel W. Marshall, III  -  all patrons

Use of binary explosives; penalty. Creates a Class 1 misdemeanor for any person to combine the components of a binary explosive, defined in the bill, to create an explosive material and ignite more than five pounds of such explosive material at a single time.



VCDL Comments
This bill prohibits the ignition of more than 5 pounds of Tannerite at a time. If we had 6 fingers on our hands, would that number be 6 pounds instead? How can the amount of tannerite used to make an explosion be measured after the explosion?

Another Legislative Victory For Virginia Gun Owners!
01/02/19  House: Prefiled and ordered printed; offered 01/09/19 19100493D
01/02/19  House: Referred to Committee for Courts of Justice
01/10/19  House: Assigned Courts sub: Subcommittee #1
01/11/19  House: Subcommittee recommends laying on the table (8-Y 0-N)
02/05/19  House: Left in Courts of Justice
HB1776       Patron: Mark L. Cole (by request)  -  all patrons

Prohibition or regulation of tannerite. Provides that any locality may by ordinance prohibit or regulate the use of tannerite or a similar two-component explosive in or near residential areas. Any penalty for an offense pursuant to such an ordinance shall not exceed a Class 3 misdemeanor.



VCDL Comments
This bill allows localities to have an ordinance that prohibits the use of tannerite in or near residential areas. What is "near?" 50 feet, 100 yards, 10 miles?

Another Legislative Victory For Virginia Gun Owners!
12/26/18  House: Prefiled and ordered printed; offered 01/09/19 19100360D
12/26/18  House: Referred to Committee on Counties, Cities and Towns
01/14/19  House: Assigned CC & T sub: Subcommittee #1
02/05/19  House: Left in Counties, Cities and Towns
HB1616       Patron: Hyland F. "Buddy" Fowler, Jr.  -  all patrons

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.



VCDL Comments
This bill provides an additional felony charge for anyone who kills a police animal with a firearm during a commission of a crime. Another bill that villainizes firearms. It's acceptable to kill the police animal with a knife or run the animal over with a vehicle, but if you shoot that animal, watch out!

Another Legislative Victory For Virginia Gun Owners!
09/06/18  House: Prefiled and ordered printed; offered 01/09/19 19100125D
09/06/18  House: Referred to Committee for Courts of Justice
01/14/19  House: Referred from Courts of Justice by voice vote
01/14/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends striking from docket (6-Y 0-N)
02/05/19  House: Left in Militia, Police and Public Safety
HB1957       Patron: David J. Toscano  -  all patrons

Children in need of services; disposition; certification by parent that firearms are reasonably secure. Provides that if a child is found to be in need of services or a status offender, the juvenile or circuit court that permits the child to remain with his parents may require the parent to certify that any firearms located in the house where such child and his parent reside are reasonably secure as to prevent such child's access.



VCDL Comments
This bill gives the juvenile court or the circuit court an option of requiring the parents of a child with mental or behavioral issues to certify that any firearms in the home are reasonably secure.
01/06/19  House: Prefiled and ordered printed; offered 01/09/19 19102626D
01/06/19  House: Referred to Committee for Courts of Justice
01/14/19  House: Referred from Courts of Justice by voice vote
01/14/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/17/19  House: Subcommittee recommends passing by indefinitely (4-Y 1-N)
02/05/19  House: Left in Militia, Police and Public Safety
HB2235       Patron: Jeffrey M. Bourne  -  all patrons

Protective orders; issuance upon convictions for certain felonies; penalty. Authorizes a court to issue a protective order upon convicting a defendant for a felony offense of (i) violating a protective order, (ii) homicide, (iii) kidnapping, (iv) assaults and bodily woundings, (v) extortion, or (vi) criminal sexual assault. The bill provides that the duration of such protective order can be for any period of time, including up to the lifetime of the defendant, that the court deems necessary to protect the health and safety of the victim and may only prohibit (a) acts of family abuse or of violence, force, or threat against the victim or criminal offenses that may result in injury to the person or property of the victim and (b) such contacts by the defendant with the victim as the court deems necessary for the health or safety of the victim. The bill provides that a violation of a protective order issued upon conviction of one of the enumerated offenses is punishable as contempt of court or in the same manner as criminal violations of other protective orders are punished.



VCDL Comments
This bill allows a court to issue a permanent protective order, when a person is convicted of certain felonies. VCDL will monitor this bill to make sure it is not modifed in a way that would make the bill unacceptable.
01/08/19  House: Prefiled and ordered printed; offered 01/09/19 19103273D
01/08/19  House: Referred to Committee for Courts of Justice
02/05/19  House: Left in Courts of Justice
HB2066       Patron: David E. Yancey  -  all patrons

Stolen firearms; penalties. Creates or enhances penalties for crimes related to larceny of a firearm or use of a stolen firearm during the commission of a felony. The bill provides that it is (i) a Class 3 felony with a five-year mandatory minimum sentence to commit larceny of a firearm with the intent to sell or distribute and (ii) a Class 5 felony with a two-year mandatory minimum sentence to sell or distribute, attempt to sell or distribute, or possess with the intent to sell or distribute a stolen firearm. The bill adds a one-year mandatory minimum sentence to the crime of receiving a stolen firearm, which is a Class 6 felony. Finally, the bill increases the mandatory minimum sentences for possession of a firearm during the commission of a felony, if such firearm was stolen, from three years to five years for a first offense and from five years to 10 years for a second or subsequent offense.



VCDL Comments
This bill increases penalties for possession or use of stolen firearms.
01/07/19  House: Prefiled and ordered printed; offered 01/09/19 19101749D
01/07/19  House: Referred to Committee for Courts of Justice
02/05/19  House: Left in Courts of Justice
HB2372       Patron: Patrick A. Hope  -  all patrons

Licensed or voluntarily registered family day homes; storage of firearms. Requires that firearms, other weapons, and ammunition in a licensed or voluntarily registered family day home be stored in a locked closet, cabinet, or container during the family day home's hours of operation unless they are being lawfully carried on an individual's person. The bill requires that such firearms and weapons be stored unloaded and apart from ammunition and that the key or combination to such locked storage places be maintained out of reach of all children in the family day home.



VCDL Comments
This bill requires firearms or ammunition in a licensed family day home to be stored in a locked container during hours of operation or lawfully carried on an individual's person.
01/08/19  House: Prefiled and ordered printed; offered 01/09/19 19100830D
01/08/19  House: Referred to Committee on Militia, Police and Public Safety
01/15/19  House: Assigned MPPS sub: Subcommittee #1
01/24/19  House: Subcommittee recommends laying on the table (4-Y 0-N)
02/05/19  House: Left in Militia, Police and Public Safety