- Nov 11, 2009
- 31,018
Today the Senate Judiciary Committee is hearing one bill in the afternoon.
The Senate Judiciary Committee is meeting in Senate Room A in the Pocahontas Building ½ hour after adjournment from the Senate Floor.
One gun-bill is being heard:
SB 487, Senator McClellan, creates a Virginia Center for Firearm Violence Intervention and Prevention. The sole focus on firearms and the description of the proposed center make it clear this is political and not about finding solutions. Violence is violence. The violent person is the problem, not whatever tool that is used. VCDL STRONGLY OPPOSES SB 487.
After the Senate Judiciary Committee hearing is over, the Senate Judiciary Criminal Law Subcommittee meets and the following gun bills will be heard:
SB 310, Senator Ebbin, makes the possession, transfer, sale, or manufacture of a homemade gun a crime, unless at some point federal law requires a frame to be serialized and a federal firearms importer or a federal firearms manufacturer has serialized the frame. This bill would make existing homemade guns illegal and would make 80% receivers illegal, turning innocent citizens into criminals overnight, with no compensation for the loss of their previously legal gun or 80% frame. Like the proverbial “bull in a china shop,” this bill is tinkering with extremely complicated gun laws. It is also unconstitutional as a “taking.” VCDL STRONGLY OPPOSES THIS BILL.
SB 643, Senator Ebbin, updates the current law to add possession or sale of a firearm which has had its serial number removed or obliterated a crime. As originally introduced, VCDL opposed this bill as it proliferated a problem in the original law dealing with “defacing” a serial number. There was also a problem with the original law in that the removal of any marking (say a Swastika on a Luger pistol) would be a crime. Senator Ebbin agreed to fix those two issues, bringing Virginia law into compliance with federal law, and VCDL now SUPPORTS the final bill.
Tomorrow, February 3, the House Public Safety Subcommittee #1 meets to hear gun bills at 4pm in House Room 2 in the Capitol Building.The following bills will be heard:
HB 10, Delegate Anderson, removes all fees for a person to get a concealed handgun permit (CHP). It’s bad enough that gun owners need a permit to exercise their right to self-defense using a concealed handgun, they certainly shouldn’t have to pay a fee to do so. The fee is similar to a “poll tax.” VCDL STRONGLY SUPPORTS THIS BILL.
HB 11, Delegate Anderson, reduces the penalties for carrying a concealed handgun without a CHP. The first offense is up to a $100 civil penalty, which avoids criminalizing someone who is innocently carrying a concealed handgun and is unaware of the requirement for a CHP or is unaware the method of carry is considered “concealed.” The second offense is raised to a Class 2 misdemeanor, and subsequent offenses are a Class 1 misdemeanor. If a person acquires a valid CHP while awaiting trial, which the bill allows for, the judge may dismiss the charge. VCDL STRONGLY SUPPORTS THIS BILL.
HB 204, Delegate Wachsmann, changes the number of days that the state can delay a firearm transfer from five days to three days, matching federal law. VCDL STRONGLY SUPPORTS THIS BILL.
HB 325, Delegate Freitas, repeals the requirement that a person who has their gun stolen must report it within 48 hours after the person discovers the loss. This law is unenforceable, as how does the Commonwealth know when a person discovered their gun missing, if they realized it at all? The person has already suffered a loss and the Commonwealth want to punish them further for not reporting it within a certain timeframe. VCDL STRONGLY SUPPORTS THIS BILL.
HB 399, Delegate Simon, makes the possession, transfer, sale, or manufacture of a homemade gun a crime, unless at some point federal law requires a frame to be serialized and a federal firearms importer or a federal firearms manufacturer has serialized the frame. This bill would make existing homemade guns illegal and would make 80% receivers illegal, turning innocent citizens into criminals overnight, with no compensation for the loss of their previously legal gun or 80% frame. Like the proverbial “bull in a china shop,” this bill is tinkering with extremely complicated gun laws. It is also unconstitutional as a “taking.” VCDL STRONGLY OPPOSES THIS BILL.
HB 590, Delegate VanVaulkenburg, requires a gun owner in a house where there is a person under 18 to either have a firearm under their immediate control or to store the firearm unloaded in a locked container and the ammunition in a separate locked container. This would make it illegal for someone to have a loaded firearm in a locked container, such as a biometric safe, for use in case of emergency. Also, this is a one-size-fits-all, not recognizing the difference in maturity levels children can have. Children under the age of 18 have used firearms to stop violent home invasions or other serious crimes taking place in their home. VCDL STRONGLY OPPOSES THIS BILL.
HB 929, Delegate Batten, exempts holders of a federal “curios and relics” license from a background check when purchasing a firearm. This bill appears to clash with federal law. VCDL STANDS NEUTRAL ON THIS BILL.
HB 1078, Delegate Cordoza, clarifies that a transfer, but not a sale, between family members does not require a background check. It also removes a poorly worded and unenforceable part of the prohibition on paramilitary activities. VCDL has requested the bill be modified to clarify a gift to anyone, not just family, is exempted. VCDL WILL STRONGLY SUPPORT THE MODIFIED BILL.
HB 1306, Delegate Simon, updates the current law to add possession or sale of a firearm which has had its serial number removed or obliterated a crime. As originally introduced, VCDL opposed this bill as it proliferated a problem in the original law dealing with “defacing” a serial number. There was also a problem with the original law in that the removal of any marking (say a Swastika on a Luger pistol) would be a crime. If Delegate Simon fixes those two issues, bringing Virginia law into compliance with federal law, VCDL will SUPPORT the final bill. Otherwise VCDL will STRONGLY OPPOSE the bill.
If you can attend the House Public Safety Subcommittee #1 on Thursday, please do so. You can also comment and attend virtually by clicking here: https://hodspeak.house.virginia.gov/submit_testimony?meeting_id=11009
Tomorrow, February 3, the House Rules Committee meets to hear a gun bill at 4pm in House Room 1 in the Capitol Building.The following bill will be heard:
HB 509, Delegate March, repeals “Red Flag” Substantial Risk Orders (SROs). SROs don’t get any help for a person in crisis, they only confiscate that person’s firearms. This does nothing to prevent the person from committing suicide or harming others. SROs also do not give a person a chance to defend the accusation against them for two weeks. Justice delayed is justice denied. Virginia’s Temporary Restraining Orders have existed for years and DO get a person in crisis help and they only take away a person’s right to possess firearms after it is determined by medical experts that the person actually does need help. VCDL STRONGLY SUPPORTS THIS BILL.
If you can attend the House Rules Committee on Thursday, please do so. You can also comment and attend virtually by clicking here: https://hodspeak.house.virginia.gov/submit_testimony?meeting_id=11349
The Senate Judiciary Committee is meeting in Senate Room A in the Pocahontas Building ½ hour after adjournment from the Senate Floor.
One gun-bill is being heard:
SB 487, Senator McClellan, creates a Virginia Center for Firearm Violence Intervention and Prevention. The sole focus on firearms and the description of the proposed center make it clear this is political and not about finding solutions. Violence is violence. The violent person is the problem, not whatever tool that is used. VCDL STRONGLY OPPOSES SB 487.
After the Senate Judiciary Committee hearing is over, the Senate Judiciary Criminal Law Subcommittee meets and the following gun bills will be heard:
SB 310, Senator Ebbin, makes the possession, transfer, sale, or manufacture of a homemade gun a crime, unless at some point federal law requires a frame to be serialized and a federal firearms importer or a federal firearms manufacturer has serialized the frame. This bill would make existing homemade guns illegal and would make 80% receivers illegal, turning innocent citizens into criminals overnight, with no compensation for the loss of their previously legal gun or 80% frame. Like the proverbial “bull in a china shop,” this bill is tinkering with extremely complicated gun laws. It is also unconstitutional as a “taking.” VCDL STRONGLY OPPOSES THIS BILL.
SB 643, Senator Ebbin, updates the current law to add possession or sale of a firearm which has had its serial number removed or obliterated a crime. As originally introduced, VCDL opposed this bill as it proliferated a problem in the original law dealing with “defacing” a serial number. There was also a problem with the original law in that the removal of any marking (say a Swastika on a Luger pistol) would be a crime. Senator Ebbin agreed to fix those two issues, bringing Virginia law into compliance with federal law, and VCDL now SUPPORTS the final bill.
Tomorrow, February 3, the House Public Safety Subcommittee #1 meets to hear gun bills at 4pm in House Room 2 in the Capitol Building.The following bills will be heard:
HB 10, Delegate Anderson, removes all fees for a person to get a concealed handgun permit (CHP). It’s bad enough that gun owners need a permit to exercise their right to self-defense using a concealed handgun, they certainly shouldn’t have to pay a fee to do so. The fee is similar to a “poll tax.” VCDL STRONGLY SUPPORTS THIS BILL.
HB 11, Delegate Anderson, reduces the penalties for carrying a concealed handgun without a CHP. The first offense is up to a $100 civil penalty, which avoids criminalizing someone who is innocently carrying a concealed handgun and is unaware of the requirement for a CHP or is unaware the method of carry is considered “concealed.” The second offense is raised to a Class 2 misdemeanor, and subsequent offenses are a Class 1 misdemeanor. If a person acquires a valid CHP while awaiting trial, which the bill allows for, the judge may dismiss the charge. VCDL STRONGLY SUPPORTS THIS BILL.
HB 204, Delegate Wachsmann, changes the number of days that the state can delay a firearm transfer from five days to three days, matching federal law. VCDL STRONGLY SUPPORTS THIS BILL.
HB 325, Delegate Freitas, repeals the requirement that a person who has their gun stolen must report it within 48 hours after the person discovers the loss. This law is unenforceable, as how does the Commonwealth know when a person discovered their gun missing, if they realized it at all? The person has already suffered a loss and the Commonwealth want to punish them further for not reporting it within a certain timeframe. VCDL STRONGLY SUPPORTS THIS BILL.
HB 399, Delegate Simon, makes the possession, transfer, sale, or manufacture of a homemade gun a crime, unless at some point federal law requires a frame to be serialized and a federal firearms importer or a federal firearms manufacturer has serialized the frame. This bill would make existing homemade guns illegal and would make 80% receivers illegal, turning innocent citizens into criminals overnight, with no compensation for the loss of their previously legal gun or 80% frame. Like the proverbial “bull in a china shop,” this bill is tinkering with extremely complicated gun laws. It is also unconstitutional as a “taking.” VCDL STRONGLY OPPOSES THIS BILL.
HB 590, Delegate VanVaulkenburg, requires a gun owner in a house where there is a person under 18 to either have a firearm under their immediate control or to store the firearm unloaded in a locked container and the ammunition in a separate locked container. This would make it illegal for someone to have a loaded firearm in a locked container, such as a biometric safe, for use in case of emergency. Also, this is a one-size-fits-all, not recognizing the difference in maturity levels children can have. Children under the age of 18 have used firearms to stop violent home invasions or other serious crimes taking place in their home. VCDL STRONGLY OPPOSES THIS BILL.
HB 929, Delegate Batten, exempts holders of a federal “curios and relics” license from a background check when purchasing a firearm. This bill appears to clash with federal law. VCDL STANDS NEUTRAL ON THIS BILL.
HB 1078, Delegate Cordoza, clarifies that a transfer, but not a sale, between family members does not require a background check. It also removes a poorly worded and unenforceable part of the prohibition on paramilitary activities. VCDL has requested the bill be modified to clarify a gift to anyone, not just family, is exempted. VCDL WILL STRONGLY SUPPORT THE MODIFIED BILL.
HB 1306, Delegate Simon, updates the current law to add possession or sale of a firearm which has had its serial number removed or obliterated a crime. As originally introduced, VCDL opposed this bill as it proliferated a problem in the original law dealing with “defacing” a serial number. There was also a problem with the original law in that the removal of any marking (say a Swastika on a Luger pistol) would be a crime. If Delegate Simon fixes those two issues, bringing Virginia law into compliance with federal law, VCDL will SUPPORT the final bill. Otherwise VCDL will STRONGLY OPPOSE the bill.
If you can attend the House Public Safety Subcommittee #1 on Thursday, please do so. You can also comment and attend virtually by clicking here: https://hodspeak.house.virginia.gov/submit_testimony?meeting_id=11009
Tomorrow, February 3, the House Rules Committee meets to hear a gun bill at 4pm in House Room 1 in the Capitol Building.The following bill will be heard:
HB 509, Delegate March, repeals “Red Flag” Substantial Risk Orders (SROs). SROs don’t get any help for a person in crisis, they only confiscate that person’s firearms. This does nothing to prevent the person from committing suicide or harming others. SROs also do not give a person a chance to defend the accusation against them for two weeks. Justice delayed is justice denied. Virginia’s Temporary Restraining Orders have existed for years and DO get a person in crisis help and they only take away a person’s right to possess firearms after it is determined by medical experts that the person actually does need help. VCDL STRONGLY SUPPORTS THIS BILL.
If you can attend the House Rules Committee on Thursday, please do so. You can also comment and attend virtually by clicking here: https://hodspeak.house.virginia.gov/submit_testimony?meeting_id=11349
