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Thread: ***ALERT*** Governor's Bill released: inlcudes 'Gun Trafficking'

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    Regular Member Repeater's Avatar
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    ***ALERT*** Governor's Bill released: inlcudes 'Gun Trafficking'

    Please explain why these bills are needed, or why Republicans are doing this?

    SB 1377 Explosive devices or firearms; possession of with intent to commit violent felony; penalties.
    Possession of explosive devices or firearms with intent to commit violent felony; penalties.

    Provides that any person who possesses an explosive device within any public, private, or religious elementary, middle, or high school, or within any building on the campus of any institution of higher education, with the intent to commit upon the premises thereof a violent felony is guilty of a Class 3 felony. The bill also provides that any person who possesses a firearm within any public, private, or religious elementary, middle, or high school, or within any building on the campus of any institution of higher education, with the intent to commit upon the premises thereof a violent felony is guilty of a Class 3 felony.
    SB 1378 Firearms; person guilty of Class 4 felony if sells to person he knows is prohibited from possessing.
    Sale and transport for sale of firearms to certain persons; penalty.

    Provides that any person who sells, barters, gives, etc., any firearm to any person he knows is prohibited from possessing or transporting a firearm under Virginia law is guilty of a Class 4 felony. Under current law, the penalty for such offense is a Class 6 felony. The bill also provides that a person who engages in the "strawman" purchase of a firearm, where he purchases a firearm with the intent to resell or transport with the intent to resell outside of the Commonwealth to any person he knows is prohibited from purchasing a firearm, is guilty of a Class 4 felony and shall be sentenced to a mandatory minimum term of imprisonment of one year. Under current law, the penalty for such an offense is a Class 5 felony. Finally, the bill provides that a person who is ineligible to purchase or possess a firearm and who assists any other person in the strawman purchase of a firearm is guilty of a Class 4 felony with a mandatory minimum term of imprisonment of five years. Under current law, the penalty for such offense is a Class 5 felony. If such violation involves multiple firearms, the mandatory minimum term of imprisonment is 10 years.
    Now, combine those two Senate bills with this ...

    SB 1376 School personnel; immunity for those investigating, etc., person posing credible danger of injury.
    Civil immunity for certain persons.

    Provides that a school official or any other person shall be immune from civil liability for reporting or investigating or causing to be investigated a report that any person poses a credible danger of serious bodily injury or death to any other person on school property so long as such report is made or such investigation is conducted in good faith and without malice.
    These bills would seem to promote over-zealous zero-tolerance of guns anywhere near children (i.e., schools). All of these bills were introduced today at the Governor's request.

  2. #2
    Campaign Veteran roscoe13's Avatar
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    How much chance do these bills have now that we're past crossover?

    Roscoe
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good." - George Washington

  3. #3
    Regular Member TFred's Avatar
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    Quote Originally Posted by roscoe13 View Post
    How much chance do these bills have now that we're past crossover?

    Roscoe
    A very good chance. They bend the rules at the request of the Governor. They did this last year with that GPS Tracking law, which passed easily after an amendment or two.

    TFred

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    Looking at the descriptions provided I could see a long term trade if SB1377 were enacted. Enact that statute and then remove the statute for simple carrying of a firearm on or in school property. If intent to commit a violent felony can be established, then why should the public be concerned about possession of a firearm on school property with no intent to commit harm?

    If SB1377 were passed, the wording should ensure that intent portion must be proven and not assumed, such as the possession of certain knives and such statutorily carry the assumption an intent to sell them.
    Last edited by jmelvin; 02-08-2013 at 05:06 PM.

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    Quote Originally Posted by jmelvin View Post
    Looking at the descriptions provided I could see a long term trade if SB1377 were enacted. Enact that statute and then remove the statute for simple carrying of a firearm on or in school property. If intent to commit a violent felony can be established, then why should the public be concerned about possession of a firearm on school property with no intent to commit harm?

    If SB1377 were passed, the wording should ensure that intent portion must be proven and not assumed, such as the possession of certain knives and such statutorily carry the assumption an intent to sell them.
    That is all just way too logically to actually happen.

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    Regular Member paramedic70002's Avatar
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    1377 is useless against an active shooter who accepts that he will be killed or commit suicide. I like the idea, posibly the right legislator could amend it this year, to strike the general prohibition.

    1376 only applies immunity if it is a credible threat.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

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    Accomplished Advocate user's Avatar
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    Yeah! Let's pass a new law! That'll stop'em!
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Regular Member Thundar's Avatar
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    The problem with this law is that it creates even more vulnerability for the FFL. We have seen how subjective the straw purchace laws are written and applied. Sell 2 guns to the wrong somebody and it is 10 years.

    Like User said, yeah, pass another law, that will stop 'em.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

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    Regular Member minarchist's Avatar
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    Quote Originally Posted by roscoe13 View Post
    How much chance do these bills have now that we're past crossover?

    Roscoe
    What is crossover?

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by minarchist View Post
    What is crossover?
    The day in the session when all bills have to have moved to the other chamber (House to Senate or Senate to House). If they have not, they're dead for the year unless they are attached to a live bill or some other sort of trickery....or if you're the Governor.

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    Regular Member minarchist's Avatar
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    Quote Originally Posted by peter nap View Post
    The day in the session when all bills have to have moved to the other chamber (House to Senate or Senate to House). If they have not, they're dead for the year unless they are attached to a live bill or some other sort of trickery....or if you're the Governor.
    How soon could these bills be passed?

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by minarchist View Post
    How soon could these bills be passed?
    When they come up for a vote.

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    Regular Member TFred's Avatar
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    For SB 1377, the Senate's CoJ Committee bumped the Felony up from Class 3 to Class 2.

    So I guess it's gone from "more illegal" to "really, really, REALLY more illegal!"

    TFred


    (SB1377)

    AMENDMENT(S) PROPOSED BY THE SENATE

    COURTS OF JUSTICE

    1. Line 43, introduced, after Class

    strike

    3

    insert

    2

    COURTS OF JUSTICE

    2. Line 75, introduced, after Class

    strike

    3

    insert

    2
    Last edited by TFred; 02-12-2013 at 03:35 PM.

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