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Thread: Proposed Virginia Firearms Freedom Act

  1. #1
    Regular Member Thundar's Avatar
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    This is a first cut of legislation from my wish list. It would evicerate most gun control laws, legalize concealed carry without a permit, but still enable the issuance of concealed carry permits, deliver intrastate firearms manufacturing and sales rights and prohibit state cooperation with BATFE.It would eliminate the Restaurant CC Ban as well.



    Virginia Firearms Freedom Act

    SECTION 1 The Virginia Legislature hereby expressly recognizes the Right to Keep and Bear Arms as a Fundamental, Human and Civil Right within the Commonwealth of Virginia.

    SECTION 2 The legislature finds that the regulation of firearms has no net positive effect upon crime within the Commonwealth and the enforcement of the below repealed acts is burdensome to law enforcement and removes fundamental freedoms from our citizens.

    This act repeals § 15.2-1209.1, § 18.2-287.4, § 18.2-288, § 18.2-290, § 18.2-291, § 18.2-292, § 18.2-293.1, § 18.2-294, § 18.2-295, § 18.2-296, § 18.2-298, § 18.2-299, § 18.2-300, § 18.2-303, § 18.2-303.1, § 18.2-304, § 18.2-306, § 18.2-307, § 18.2-308.5, § 18.2-308. Parts A, B, C, E 10 and 17, F, G, J, J1, J2, J3, J4, K, P, P1, Q, R, S, §
    18.2-308.1:1, § 18.2-308.1:3, § 18.2-308.2, § 18.2-308.2:1, § 18.2-308.2:2, § 18.2-308.2:3, § 18.2-308.4, § 18.2-308.7, § 18.2-308.8, § 18.2-311.1, § 22.1-277.07, § 29.1-519.

    SECTION 3 This chapter shall be known and may be cited as the “Virginia Firearms Freedom Act”.

    SECTION 4. The general assembly declares that the authority for this act is the following:

    (1) The tenth amendment to the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of Virginia certain powers as they were understood at the time that the Federal Constitution was enacted. The guarantee of those powers is a matter of contract between the Commonwealth and people of Virginia and the United States as of the time that the compact with the United States was agreed upon and adopted by Virginia and the United States;

    (2) The ninth amendment to the United States Constitution guarantees to the people rights not granted in the Constitution and reserves to the people of Virginia certain rights as they were understood at the time that the Federal Constitution was enacted.

    (3) The regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition;

    (4) The second amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that the Federal Constitution was enacted.

    SECTION 5. As used in this chapter, unless the context otherwise requires:

    (1) “Firearms accessories” means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination;

    (2) “Generic and insignificant parts” includes but is not limited to springs, screws, nuts, and pins; and

    (3) “Manufactured” means creating a firearm, a firearm accessory, or ammunition from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.

    SECTION 6. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Virginia and that remains within the borders of Virginia is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Virginia from basic materials and that can be manufactured without the inclusion of any significant parts imported into this state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Virginia and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Virginia does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Virginia from those materials. Firearms accessories that are imported into Virginia from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Virginia.

    SECTION 7. A firearm manufactured or sold inVirginia under this chpater must have the words “Made in Virginia” clearly stamped on a central metallic part, such as the receiver or frame.

    SECTION 8. The legislature considers it prudent public policy to expect the citizens of the Commonwealth, who are the Commonwealth’s Militia to go forth and obtain arms to protect themselves and the Commonwealth from invasion, insurrection or tyranny. This Act therefore has the specific purpose of regulating the Commonwealth’s Militia.

    SECTION 9. Because the Legislature considers the development of an independent firearms industry within the Commonwealth to be a fundamental right and essential to the provisioning of our Independent Militia, the Commonwealth’s Attorney is directed to vigorously defend the Virginia Firearms Freedom Act and any Virginia Firearms Manufacturers against any and all criminal proceedings.

    SECTION 10. State and Local Law Enforcement Agencies will not cooperate, collaborate, work with or assist the Bureau of Alcohol, Tobacco Firearms and Explosives (BATFE). Officers and agents of the BATFE shall not be granted the status of Law Enforcement Officers or Peace Officers by any entity of the Commonwealth of Virginia, nor by any of her political subdivisions or agencies.

    SECTION 11. This act shall take effect upon becoming a law, the public welfare requiring it.


    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

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    Regular Member wylde007's Avatar
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    A thing of beauty is a joy forever.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

  3. #3
    Regular Member Repeater's Avatar
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    Interesting! Wonder if this idea will gain traction?

    Two good references:

    1) "The Firearms Freedom Act"

    2) "The Tenth Amendment Center"

    Be aware that the Model Version has been updated, and your Virginia adaptation ought to reflect that.

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    Regular Member MSC 45ACP's Avatar
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    A thing of beauty, indeed... Sadly it will NEVER happen, especially the last part. It brings great sorrow to my heart to see such a wonderful document in print,realizing it can never become reality unless Virginia were to secede (which will also not happen).

    :X:?
    "If I know that I am headed for a fight, I want something larger with more power, preferably crew-served.
    However, like most of us, as I go through my daily life, I carry something a bit more compact, with a lot less power."
    (unknown 'gun~writer')

    Remington 1911 R1 (Back to Basics)
    SERPA retention or concealed...

    "Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
    (Borrowed from "The Perfect Day" by LTC Dave Grossman)

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    Moderator / Administrator Grapeshot's Avatar
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    Very nice - good luck.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    That document is a thing of beauty. I sincerely hope you get some level of traction with it. Ideally, I'd love to see it enacted lock, stock, and barrel.

    You do realize that if VA were sign such a thing into law, it'd be a major wakeup call to the rest of the US.

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    Regular Member wylde007's Avatar
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    MSC 45ACP wrote:
    ... realizing it can never become reality unless Virginia were to secede (which will also not happen).
    NEVER say "Never".

    Virginia is the original home of patriotism* and dissension on the North American continent. She could become so again... all it takes is a spark!

    (* patriotism as a sense of duty to God, State, Self and country, in that precise order. Not to be confused with blind nationalism or fair-weather, July 4th patriotism which pervades the public consciousness like a cancer.)
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

  8. #8
    Accomplished Advocate peter nap's Avatar
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    wylde007 wrote:
    MSC 45ACP wrote:
    ... realizing it can never become reality unless Virginia were to secede (which will also not happen).
    NEVER say "Never".

    Virginia is the original home of patriotism* and dissension on the North American continent. She could become so again... all it takes is a spark!

    (* patriotism as a sense of duty to God, State, Self and country, in that precise order. Not to be confused with blind nationalism or fair-weather, July 4th patriotism which pervades the public consciousness like a cancer.)
    +1

    I remember back in the late 70's in a somewhat heated discussion with Senator Cross, when he said shall issue will never happen.

    For the time being though, I'd be happy with a statute that just said:

    With the exception of Concealed Carry, CHP holders shall have no privilege not granted to Non CHP holders.

  9. #9
    Regular Member wylde007's Avatar
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    Unfortunately, because of the way the laws are on the books, that would actually serve to limit CCers instead of liberate OCers.

    All firearms laws must be repealed and Virginia must tell the fed where they can stick their commerce clause B.S.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

  10. #10
    Regular Member Thundar's Avatar
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    Second Cut Changes are in italics and bolded.

    Virginia Firearms Freedom Act

    SECTION 1 The Virginia Legislature hereby expressly recognizes the Right to Keep and Bear Arms as a Fundamental, Human and Civil Right within the Commonwealth of Virginia.

    SECTION 2 The legislature finds that the regulation of firearms has no net positive effect upon crime within the Commonwealth and the enforcement of the below repealed acts is burdensome to law enforcement and removes fundamental freedoms from our citizens.

    This act repeals Code of Virginia § 15.2-1209.1, § 18.2-287.4, § 18.2-288, § 18.2-290, § 18.2-291, § 18.2-292, § 18.2-293.1, § 18.2-294, § 18.2-295, § 18.2-296, § 18.2-298, § 18.2-299, § 18.2-300, § 18.2-303, § 18.2-303.1, § 18.2-304, § 18.2-306, § 18.2-307, § 18.2-308.5, § 18.2-308. Parts A, B, C, E 10 and 17, F, G, J, J1, J2, J3, J4, K, P, P1, Q, R, S, §
    18.2-308.1:1, §18.2-308.1:3, § 18.2-308.2, § 18.2-308.2:1, § 18.2-308.2:2, § 18.2-308.2:3, § 18.2-308.4, § 18.2-308.7, § 18.2-308.8, § 18.2-311.1, § 22.1-277.07, § 29.1-519.

    SECTION 3 This chapter shall be known and may be cited as the “Virginia Firearms Freedom Act”.

    SECTION 4. The general assembly declares that the authority for this act is the following:

    (1) The tenth amendment to the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of Virginia certain powers as they were understood at the time that the Federal Constitution was enacted. The guarantee of those powers is a matter of contract between the Commonwealth and people of Virginia and the United States as of the time that the compact with the United States was agreed upon and adopted by Virginia and the United States;

    (2) The ninth amendment to the United States Constitution guarantees to the people rights not granted in the Constitution and reserves to the people of Virginia certain rights as they were understood at the time that the Federal Constitution was enacted.

    (3) The regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States Constitution.


    (4) The second amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that the Federal Constitution was enacted.

    SECTION 5. As used in this chapter, unless the context otherwise requires:

    (1) “Firearms accessories” means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination;

    (2) “Generic and insignificant parts” includes but is not limited to springs, screws, nuts, and pins; and

    (3) “Manufactured” means creating a firearm, a firearm accessory, or ammunition from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.

    SECTION 6. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Virginia and that remains within the borders of Virginia is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Virginia from basic materials and that can be manufactured without the inclusion of any significant parts imported into this state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Virginia and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Virginia does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Virginia from those materials. Firearms accessories that are imported into Virginia from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Virginia.

    SECTION 7. A firearm manufactured or sold inVirginia under this act must have the words “Made in Virginia” clearly stamped on a central metallic part, such as the receiver or frame.

    SECTION 8. The legislature considers it prudent public policy to expect the citizens of the Commonwealth, who are the Commonwealth’s Militia to go forth and obtain arms to protect themselves and the Commonwealth from invasion, insurrection or tyranny. This Act therefore has the specific purpose of regulating the Commonwealth’s Militia.

    SECTION 9. Because the Legislature considers the development of an independent firearms industry within the Commonwealth to be a fundamental right and essential to the provisioning of our Independent Militia, the Commonwealth’s Attorney is directed to vigorously defend the Virginia Firearms Freedom Act and any Virginia Firearms Manufacturers against any and all criminal or civil proceedings in which the Federal Government, any political entity, any private organization, political organization or private citizen challenges the authority of the Commonwealth of Virginia to regulate, buy, sell obtain or dispose of intrastate firearms, or for citizens or businesses to manufacture buy, sell obtain or dispose of intrastate firearms, as enacted by this legislation.

    SECTION 10. State and Local Law Enforcement Agencies will not cooperate, collaborate, work with or assist the Bureau of Alcohol, Tobacco Firearms and Explosives (BATFE). Officers and agents of the BATFE shall not be granted the status of Law Enforcement Officers or Peace Officers by any entity of the Commonwealth of Virginia, nor by any of her political subdivisions or agencies. Violation of this section is a Class 1 Misdemeanour for the first conviction and a Class 6 Felony for any subsequent conviction.


    SECTION 11. The keeping of acquisition or disposition records for intrastate firearms violates the privacy expectations of Virginians. The lack of record keeping serves a legitimate security interest of the Commonwealth, ensuring that lists of armed Commonwealth Militia cannot be compiled. The keeping of acquisition and / or disposition records, notification of purchase or sale to any Federal, Commonwealth, State, County, Local or International authority government agency is therefore prohibited by law. Violation of this section is a Class 1 misdemeanour.

    SECTION 12. This act shall take effect upon becoming a law, the public welfare requiring it.


    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

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    Regular Member 2a4all's Avatar
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    Way to go, Thundar! :celebrate:celebrate:celebrate
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

  12. #12
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    I like the way that thing keeps growing newer, stronger, and better teeth.

    Do we have a champion in the GA that can get it moving?

  13. #13
    Regular Member Bulldog1967's Avatar
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    You should run for office.

    Seriously!

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    wylde007 wrote:
    MSC 45ACP wrote:
    ... realizing it can never become reality unless Virginia were to secede (which will also not happen).
    NEVER say "Never".

    Virginia is the original home of patriotism* and dissension on the North American continent. She could become so again... all it takes is a spark!

    (* patriotism as a sense of duty to God, State, Self and country, in that precise order. Not to be confused with blind nationalism or fair-weather, July 4th patriotism which pervades the public consciousness like a cancer.)
    Hey, who doesn't like a good opportunity to get free time off work and an excuse to BBQ?

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    wylde007 wrote:
    MSC 45ACP wrote:
    ... realizing it can never become reality unless Virginia were to secede (which will also not happen).
    NEVER say "Never".

    Virginia is the original home of patriotism* and dissension on the North American continent. She could become so again... all it takes is a spark!

    (* patriotism as a sense of duty to God, State, Self and country, in that precise order. Not to be confused with blind nationalism or fair-weather, July 4th patriotism which pervades the public consciousness like a cancer.)
    Well, there was the whole Boston thing. Tea Party. One if by land, two if by sea. Lexington, Concord. All that sort of stuff.

    Heck, our second governor lit out for the woods when the redcoats came toward his home. (Playful-twist humor--Thomas Jefferson had little choice but to abandon Monticello. His political opponents tried to make hay out of it, but he came out cleared in the end.)

    But, we did have Patrick Henry, Thomas Jefferson, George Mason, et al.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  16. #16
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    Section 7 requires MADE IN VIRGINIA to be "stamped". It should read clearly and permanently "marked" made in Virginia. or something to allow ingraving or acid ectching or other marking methods.

  17. #17
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    Also we should agree on a finale draft and send it to our state reps VERY soon.

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