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HB 375 Firearms; workplace rule

TFred

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Interesting in the history, the votes on the Senate side:

02/23/12 Senate: Passed Senate with substitute (25-Y 15-N)
03/08/12 Senate: Conference report agreed to by Senate (26-Y 13-N)

They got more votes with the conference changes than they did with their original amendments. Hmm.

TFred
 

mk4

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conference report just passed the house. guess it passed senate earlier today.

Conference report adopted by House March 8, 2012 (71-Y 27-N)
Conference report adopted by Senate March 8, 2012 (26-Y 13-N)
 
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TFred

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Hmm, not as many with the House votes:

02/02/12 House: Read third time and passed House (75-Y 25-N)
03/08/12 House: Conference report agreed to by House (71-Y 27-N)

This would seem to indicate that the Senate got their changes, more than the House got their changes.

TFred
 

streetdoc

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(HB375)

JOINT CONFERENCE COMMITTEE REPORT

We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on House Bill No. 375, report as follows:

A. We recommend that the Senate Floor Amendment in the Nature of a Substitute (12105585D) be rejected.

B. We recommend that the attached Amendment in the Nature of a Substitute (12105999D) be accepted to resolve the matter under disagreement.



Respectfully submitted,

Delegate Brenda L. Pogge

Delegate Donald W. Merricks

Delegate Kaye Kory

Conferees on the part of the House

Senator William M. Stanley, Jr.

Senator Bryce E. Reeves

Senator Thomas A. Garrett

Conferees on the part of the Senate
**********************
Substitute (12105999D) is not posted yet :(
 
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Malinois

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Mar 8, 2012
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Question

ST Doc
It appears the both of us are in the same boat. Not allowed to carry our firearms in our vehicle at work. I also am a firefighter in FX. The question I now have is, will the volunteer departments be able to prohibit firearms on their property?
I'm curious to see what the new amendment is.


(HB375)

JOINT CONFERENCE COMMITTEE REPORT

We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on House Bill No. 375, report as follows:

A. We recommend that the Senate Floor Amendment in the Nature of a Substitute (12105585D) be rejected.

B. We recommend that the attached Amendment in the Nature of a Substitute (12105999D) be accepted to resolve the matter under disagreement.



Respectfully submitted,

Delegate Brenda L. Pogge

Delegate Donald W. Merricks

Delegate Kaye Kory

Conferees on the part of the House

Senator William M. Stanley, Jr.

Senator Bryce E. Reeves

Senator Thomas A. Garrett

Conferees on the part of the Senate
**********************
Substitute (12105999D) is not posted yet :(
 

streetdoc

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12105999D
HOUSE BILL NO. 375
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Joint Conference Committee
on March 8, 2012)
(Patron Prior to Substitute--Delegate Pogge)
A BILL to amend and reenact § 15.2-915 of the Code of Virginia, relating to control of firearms by localities; workplace rules.

Be it enacted by the General Assembly of Virginia:

1. That § 15.2-915 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. However, no locality shall adopt any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in § 37.2-100, that prevents an employee of that locality from storing at that locality's workplace a lawfully possessed firearm and ammunition in a locked personal, private motor vehicle. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101, from acting within the scope of his duties.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or, juvenile detention facility, or state-governed entity, department, or agency.

B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.

D. For purposes of this section, "workplace" means "workplace of the locality."
 

TFred

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Here's the new version of 15.2-915, with newly added text bold and in red, and one strike-through.

TFred


§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. However, no locality shall adopt any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in § 37.2-100, that prevents an employee of that locality from storing at that locality's workplace a lawfully possessed firearm and ammunition in a locked personal, private motor vehicle. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101, from acting within the scope of his duties.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail [strike]or[/strike], juvenile detention facility, or state-governed entity, department, or agency.

B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.

D. For purposes of this section, "workplace" means "workplace of the locality."
 

mk4

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They got rid of: "public school, or college or university," but added: "or state-governed entity, department, or agency."

Win or lose?

TFred

saw that too. my guess is it's a wash, at least on the school piece. but, what gets generically included by the new designation?

"paging Dan. Dan, please pick up the white courtesy phone."
 

streetdoc

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It's still a win, over all they added in "community services boards or behavioral health authorities" as exempted from preemption, state agencies were never included before. That will be part of what need to include next year along with private employers and shopping areas.
 

TFred

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It's still a win, over all they added in "community services boards or behavioral health authorities" as exempted from preemption, state agencies were never included before. That will be part of what need to include next year along with private employers and shopping areas.
I don't think that's quite right.

The "community services boards or behavioral health authorities" were added to the paragraph about storage in cars, not the general preemption. But they very well may be covered in the new list of "state-governed entity, department, or agency" that is added to the exemption from the whole law.

It's not at all straightforward.

TFred
 

TFred

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My question: do local schools fall under "state-governed entity, department, or agency"?

I would first guess no, they are under the control of local school boards. Does this mean that local school employees may store firearms in their cars in the school parking lot?

TFred
 

vt357

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The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail [strike]or[/strike], juvenile detention facility, or state-governed entity, department, or agency.
Hrmmm. Since this is being added to the preemption statute, does that added language now give state run universities the authority to ban guns on campus for EVERYONE not just students?
 

Grapeshot

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I don't think that's quite right.

The "community services boards or behavioral health authorities" were added to the paragraph about storage in cars, not the general preemption. But they very well may be covered in the new list of "state-governed entity, department, or agency" that is added to the exemption from the whole law.

It's not at all straightforward.

TFred

"State-governed entity" :eek: - come on - that would seem to cover everything from border to border with poorly chosen words that are not clearly defined.

IMO it is not too much of a stretch to say that all cities and counties are "state-governed entities. This bill has become severely watered down.
 

TFred

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Hrmmm. Since this is being added to the preemption statute, does that added language now give state run universities the authority to ban guns on campus for EVERYONE not just students?
It has never been the case that 15.2-915 covered universities in the first place, so it really wouldn't matter.

TFred
 

TFred

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"State-governed entity" :eek: - come on - that would seem to cover everything from border to border with poorly chosen words that are not clearly defined.

IMO it is not too much of a stretch to say that all cities and counties are "state-governed entities. This bill has become severely watered down.
I'm sure that's the goal of nearly half the legislators in the Senate. But... it's also very easy to point to Boards of Supervisors, City and Town Councils and say no, these are self-governed entities, operating under the authority of the State! Big difference.

TFred
 

Grapeshot

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I'm sure that's the goal of nearly half the legislators in the Senate. But... it's also very easy to point to Boards of Supervisors, City and Town Councils and say no, these are self-governed entities, operating under the authority of the State! Big difference.

TFred

The changes made to § 15.2-915 seems self-contradictory to that point as they are not self-governing as regards preemption.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or, juvenile detention facility, or state-governed entity, department, or agency.

Being the devil's advocate I know - but here as always words mean something.

Dan, where are you?
 
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