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Thread: This year's "loophole" bill

  1. #1
    Regular Member possumboy's Avatar
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    http://leg1.state.va.us/cgi-bin/legp...?071+ful+SB827

    Just the highlights, there is a section that requires the "promoter" to run a criminal history check on all sellers.

    If this passes, we will not be able to sell to our nieghbors in next year's bill.

    8.01-226.12. Civil immunity for sellers in firearms.

    Any person who sells, transfers, or trades a firearm shall not be liable for any claim arising from, or in any way related to, the use of the firearm by the purchaser or transferee in the commission of any crime, provided that the seller has obtained a criminal history record information check as set out in § 18.2-308.2:2 that shows that the purchaser or transferee is not prohibited from possessing or transferring a firearm by state or federal law, in absence of gross negligence or willful misconduct on the part of the seller.

    § 18.2-308.2:4. Criminal history record information check required to obtain firearm from firearms show vendor; penalties.

    No firearms show vendor as defined in § 54.1-4200 shall transfer a firearm at a firearms show as defined in § 54.1-4200, unless the firearms show vendor has obtained verification from a dealer in firearms that information on the prospective purchaser or transferee has been submitted for a criminal history record information check as set out in § 18.2-308.2:2 and a determination is received from the Department of State Police that the prospective purchaser or transferee is not prohibited under state or federal law from possessing a firearm. The firearms show promoter's designated dealer shall provide a means by which vendors may obtain the approval or denial of their firearm transfer requests based on criminal history record information checks. The Department of State Police shall provide a means by which the firearms show promoter's designated dealer may obtain criminal history record information. The processes established shall conform to the provisions of § 18.2-308.2:2, and the definitions and provisions of § 18.2-308.2:2 regarding criminal history record information checks shall apply to this section mutatis mutandis. The firearms show promoter's designated dealer shall collect and disseminate the fees described in § 18.2-308.2:2 as required by that section. The dealer may charge and retain an additional fee not to exceed $15 for obtaining criminal history record information checks for vendors.

    Any person who willfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses or who willfully and intentionally disseminates or seeks to disseminate criminal history record information except as authorized by law is guilty of a Class 2 misdemeanor.

    Any person who willfully and intentionally makes a materially false statement on the consent form required by § 18.2-308.2:2 is guilty of a Class 5 felony.

    Any person who willfully and intentionally sells, rents, trades, or transfers a firearm in violation of this section is guilty of a Class 6 felony.

  2. #2
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    Yup, Republican Senator Devolites Davis' bill alright - & she is running against her Democratic challenger Chap Peterson on the basis that she is a stronger PROPONENT of gun control!!

    http://www.washingtonpost.com/wp-dyn...010301746.html

    SNIP

    With each candidate trying to appeal to moderate voters, partisan labels were already rubbing off yesterday. Devolites Davis trumpeted her leadership on legislation creating health-care benefits for poor children and regulating assisted-living facilities. She pointed to Petersen's "anti-gun control" record against measures to ban guns in libraries and on school property.

    "He was putting potential voters in Southwest Virginia ahead of the constituents who elected him to represent them," she said.

  3. #3
    Regular Member possumboy's Avatar
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    Mike wrote:
    With each candidate trying to appeal to moderate voters, partisan labels were already rubbing off yesterday. Devolites Davis trumpeted her leadership on legislation creating health-care benefits for poor children and regulating assisted-living facilities. She pointed to Petersen's "anti-gun control" record against measures to ban guns in libraries and on school property.

    "He was putting potential voters in Southwest Virginia ahead of the constituents who elected him to represent them," she said.
    I don't understand the SWVA comment? Is there a high number of people there that want to ban guns? I do not know many voters that support gun control from that area. I know that many believe the current laws are NoVA's fault. Has it changed that much since I moved up here. I still a lot of the gun control issues being pushed by Richmond and NoVA.

    I was part of "those people" that had guns at school growing up.

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    Devolites Davis is saying Peterson is supporting SWA views.

  5. #5
    Regular Member possumboy's Avatar
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    I bet many SWVA'ians would not be happy to know she is trying to force them to have background checks to buy guns at shows.

    There are usually more than 25 firearms for sell at the "warehouse" sales in Abingdon, VA. This would include them if I read it correctly. This means the person running the warehouse would just ban the sale of guns. It would be a lot of trouble to keep someone on-site everyday, just to run background checks. That is unless the word "principally" exludes them.

    "Firearms show" means the entire premises, including but not limited to parking areas, of any gathering or exhibition, open to the public, not occurring on the permanent premises of a dealer in firearms, conducted principally for the purposes of exchanging, selling or trading 25 or more firearms as defined in § 18.2-308.2:2.

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    Founder's Club Member - Moderator longwatch's Avatar
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    I've respected Chap a lot since I saw how he operated in the M,P,&PS subcommittee hearings a few years back. Might have to go help him out come election time.

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