2-22-17 VCDL update

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  • swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,466
    Westminster USA
    .
    1. Good news: Bills signed into law (effective on July 1) 2. Good news: More gun bills headed to Governor's desk 3. Bad news: More McAuliffe vetoes 4. Bills still working through the General Assembly 5. Bad news: 4th Circuit makes another horrible ruling that would affect Virginia 6. ACTION ITEM: Roanoke Times poll on a potential veto

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    1. Good news: Bills signed into law (effective on July 1)
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    * HB 1466, Delegate Fowler, allows Circuit Court Clerks to send email reminders when a CHP is going to expire in at least 90 days

    * HB 1849, Delegate Gilbert, allows Circuit Court Clerks to create laminated or plastic CHPs if they choose to do so


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    2. Good news: More gun bills on the Governor's desk or headed there
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    * HB 1392, Delegate Lingamfelter, authorizes a school security officer to carry a firearm on school property. Such an officer is a retired police officer and the local school board has given him authority to carry a firearm.

    * HB 2325, Delegate Fariss, CHP applicants must be provide photo identification, but no long will need to have the application notarized

    * HB 2369, Delegate Pogge, CHP holders will no longer be required to provide proof of address when changing the address on their CHP

    * HB 2429, Delegate O'Quinn, provides a mechanism to restore gun-rights for a person who had their gun rights removed for a mental health commitment, but now lives out of state

    * SB 1299, Senator Vogel, makes a protective order a temporary concealed handgun permit

    * SB 1300, Senator Vogel, makes firearms safety training free to victims of domestic abuse, sexual abuse, stalking, etc.

    * SB 1533, Senator Obenshain, allows non-violent felons to possess, transport, and carry either an antique firearm or a back powder firearm for sporting, recreational, or cultural purposes

    * SB 865, Senator Stuart, allows family members to transfer various knives to minor family members for the purpose of engaging in a sporting event or activity


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    3. Bad news: More McAuliffe vetoes
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    Besides HB 1582 (military over 18 and under 21 able to apply for a CHP), which we are working to save, these bills have been vetoed:

    * HB 1432, Delegate Lee Ware, legalizes switchblade knives (the Senate version of this bill is still working through the General Assembly)

    * HB 2077, Delegate Wilt, prohibits the Governor from disarming citizens in emergency shelters. This bill is on McAuliffe's desk but has not yet been formally vetoed. McAuliffe has told the Roanoke Times that he is going to veto it.


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    4. Bills still working through the General Assembly
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    * HB 1852, Delegate Gilbert, similar to SB 1299, Senator Vogel, which makes a protective order a temporary concealed handgun permit

    * HB 1853, Delegate Gilbert, similar to SB 1300, Senator Vogel, makes firearms safety training free to victims of domestic abuse, sexual abuse, stalking, etc.

    * SB 1023, Senator Stuart, prohibits the Virginia State Police from providing Virginia concealed handgun permittee information to law enforcement in states that do not recognize Virginia concealed handgun permits

    * SB 1315, Senator Carrico, allows foster parents to carry a firearm on their person, otherwise it is to be locked in a closet or cabinet, with the key out of reach of the children

    * SB 1347, Senator Reeves, makes switchblades legal

    * SB 1362, Senator Black, allows active duty members of the Virginia National Guard, Armed Forces of the United States, and Armed Forces Reserves of the United States to carry concealed without a permit and wherever they go in Virginia, including schools, courthouses, etc.


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    5. Bad news: 4th Circuit makes another horrible ruling
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    In the second off-the-charts bad ruling within a single month, the U.S. Fourth Circuit Court of Appeals (which covers Virginia, West Virginia, Maryland, North Carolina, and South Carolina) has just ruled that military-style weapons (an AR-15 in this particular case) are NOT protected by the Second Amendment and can be banned or restricted! It upholds Marylands "assault weapon" ban and 10-round magazine limitation.

    Sheesh - an an AR-15 is NOT a military weapon anyhow.

    That is the EXACT OPPOSITE of what has been ruled by the U.S. Supreme Court! (U.S. vs Miller in 1939 was one such case.)

    The 4th "Circus" is actually making California's 9th "Circus" look sane and reasonable by comparison.

    Because VCDL has been successful in killing every attempt to ban semi-automatic rifles and limit magazine sizes, this ruling has no immediate affect on us. But it could be a serious problem down the road if such a bill ever becomes law in Virginia. The ruling is, however, bad news for our friends up in Maryland. :-(

    Hopefully this ruling will be appealed to the U.S. Supreme Court.

    Some new appointments to the 4th Circus by the President, could turn it back into the respectable 4th Circuit down the road.

    Articles:

    http://libertyparkpress.com/federal-appeals-court-upholds-maryland-semi-auto-ban/

    https://www.yahoo.com/news/appeals-court-upholds-marylands-ban-assault-rifles-063643096.html

    -

    Member Mark Malooly sent me this excerpt from the DISSENTING opinion of the 4th Circuit, which excoriates the ruling:

    Today the majority holds that the Government can take semiautomatic rifles away from law-abiding American citizens. In South Carolina, North Carolina, Virginia, West Virginia and Maryland, the Government can now tell you that you cannot hunt with these rifles. The Government can tell you that you cannot shoot at targets with them. And, most importantly, the Government can tell you that you cannot use them to defend yourself and your family in your home. In concluding that the Second Amendment does not even apply, the majority has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms.

    -

    VCDL's counter part in Maryland, Maryland Shall Issue, writes:

    In a split decision the en banc Court of Appeals for the Fourth Circuit decided Kolbe today and affirmed the district court’s dismissal of the lawsuit...The Court held that so called assault weapons were not even protected by the Second Amendment. In an alternative ruling, the Court also held that Maryland could ban so called assault weapons under “intermediate scrutiny.” We are, of course, disappointed by the Court’s decision, but an adverse decision was expected after the full Court of 14 judges decided to review the 3 judge panel’s initial favorable decision. The next step would to ask the Supreme Court to review the Fourth Circuit’s decision by filing a petition for certiorari. Such a petition would be due 90 days from today and that time can be extended. Despite the loss, there are some possible aspects to the Court’s decision. For example, the Court stated that “Nothing in our decision today affects or calls into question the Second Amendment protection of weapons that are not most useful in military service — including, of course, Heller’s handguns.” The Court further stated that "we conclude that no more than intermediate scrutiny applies here, in part because the FSA leaves citizens free to protect themselves with handguns and plenty of other firearms and ammunition, and thus does not severely burden the core Second Amendment right to use arms for self-defense in the home.”


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    6. ACTION ITEM: Roanoke Times poll on a potential veto
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    The Roanoke Times has a article on McAuliffe's threat to veto Delegate Wilt's emergency shelter bill, HB 2077. There is a poll, so let's hit it!

    http://www.roanoke.com/news/local/m...cle_6b4fb92d-0763-56ba-9d2c-d2d2498ada6d.html

    or

    http://tinyurl.com/zc6h3o7


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