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

Repeater

Regular Member
Joined
Nov 5, 2007
Messages
2,498
Location
Richmond, Virginia, USA
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.
 

jmelvin

Founder's Club Member
Joined
Jun 12, 2008
Messages
2,195
Location
Lynchburg, Virginia, USA
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.
 
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VApatriot

Regular Member
Joined
May 8, 2006
Messages
998
Location
Burke/Blacksburg, Virginia, USA
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.
 

paramedic70002

Regular Member
Joined
Jun 14, 2006
Messages
1,440
Location
Franklin, VA, Virginia, USA
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.
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
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.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
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.
 

minarchist

Regular Member
Joined
Feb 10, 2013
Messages
473
Location
Fredericksburg, VA
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?
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
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
 
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