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Thread: Virginia Firearms Freedom Act

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    Regular Member Thundar's Avatar
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    Try This version. It has much more firearms freedom.

    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regulation of firearms has no net positive effect upon crime within the Commonwealth and the enforcement of the below repealed acts is burdensome to law enforcement and removes fundamental freedoms from our citizens.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[/b], [/b]§ [/b]18.2-308.1:3,[/b]
    § 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” permanently marked 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, terrorismor 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. Because the Bureau of Alcohol, Tobacco Firearms and Explosives (BATFE) has shared the private information of law abiding Virginians with corrupt foreign police forces, violating the privacy rights of Virginians, State and Local Agencies and political subdivisions, Law Enforcement Agencies, Law Enforcement Officers and Peace Officers will not cooperate, collaborate, work with or assist the 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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    :shock:


    I like it!

    Got it passed yet Thundar?

    Criminalizing cooperation with the federal government. Gotta love it!

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    I like it very much, but section 10 may be the poison pill that nixes the deal

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    Regular Member bigdaddy1's Avatar
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    6L6GC wrote:
    I like it very much, but section 10 may be the poison pill that nixes the deal
    Why, the BATFE cant tell the state they cant enact a law because they dont like it? It doesnt have to go through any federal vote to pass, only Virginia.
    What part of "shall not be infringed" don't you understand?

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    bigdaddy1 wrote:
    6L6GC wrote:
    I like it very much, but section 10 may be the poison pill that nixes the deal
    Why, the BATFE cant tell the state they cant enact a law because they dont like it? It doesnt have to go through any federal vote to pass, only Virginia.
    very true, but the problem will be getting enough of the leftists in the VA General Assembly to vote for it. That was what I thought the problem would be. Additionally, if it is put in a liberal-heavy committee it may never make it to the floor for a vote.

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    Regular Member 2a4all's Avatar
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    6L6GC wrote:
    bigdaddy1 wrote:
    6L6GC wrote:
    I like it very much, but section 10 may be the poison pill that nixes the deal
    Why, the BATFE cant tell the state they cant enact a law because they dont like it? It doesnt have to go through any federal vote to pass, only Virginia.
    very true, but the problem will be getting enough of the leftists in the VA General Assembly to vote for it. That was what I thought the problem would be. Additionally, if it is put in a liberal-heavy committee it may never make it to the floor for a vote.
    Your proposal doesn't address transportation of "firearms made in Virginia",which would require transportation from point of manufacture to point of sale. My guess is that any product transported by any means regulated by federal law, including using roads built or maintained with federal funds,could be subject to federal controls. BATFE patrolling the interstates or US highways? Could happen. Consider what moonshiners did for NASCAR.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

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    The BATFE would have no authority to patrol our roads, with the intentions of making arrest, if it passed.

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    Regular Member Thundar's Avatar
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    Yeah, but the state police would arrest the BATFE if they tried to pull anybody over. Impersonating a police officer is a felony in Virginia.
    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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    We need to get a copy of this to our friends and families and let all of us combined request this legistlation be passed to our representitives.

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    Regular Member 2a4all's Avatar
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    Thundar wrote:
    Yeah, but the state police would arrest the BATFE if they tried to pull anybody over. Impersonating a police officer is a felony in Virginia.
    Good luck with this concept.

    The reach of federal jurisdiction is far greater than you think. All it would take (if it doesn't already exist) is a law forbidding the transport of non-compliantfirearms (i.e. the ones referenced in your proposal) upon federal highways. Such a law could be written to mandateenforcement by any federal agency. I suspect that US and Interstate highways may already be governed, at least in part,by variousinterstate commerce laws (ICC, DOT)and/or DoD, DHSdirectives. Other federal LEagencies may also get involved (DEA, FBI, etc.).

    In any event, jurisdictional turf wars between VA and Feds won't be good for any business ventures in this market.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

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    Well if the guns are legal here than to hell with the batfe anyhow.

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    I'm thinking SCOTUS will shoot(pun intended) down all this legislation beforewe get to this point. What happens then will tell us whether the states are really serious about states rights or not.

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    I doubt SCOTUS would bother with it, and even if it did, it would be a few years probably, there seems to be plenty of other issues before them as is.

    Either way it is worth a good try; we all know the reason behind gun control and that is people control. And it did not start with President Obama, it has been going for a long time. White, Republican,Christian Presidents and members of both houses have been selling this country down the riverof slavery and tyranny for over a century now.

    In reality we don't even need the part about the BATFE in there. If they harrass or arrest a citizen for doing something legal, those agents would quickly find themselves convicted felons.

    But on another forum, I believeI read a different version that had an order for the states AG to vigorously defend the citizens of VA, against any federal prosecution, if they are protected under this law. Perhaps removing the BATFE section and inserting another section to order our AG to use any and all resources at his disposal to defend Virginians against federal prosecution, would be prudent.

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    Oh, I'm sure it will eventually get the attention of SCOTUS in the nextfew years. I believe Montana is currently looking for the right test case to get the process started - maybe they've found it by now. It will certainly be interesting.

    http://www.scribd.com/doc/17716266/M...to-ATF-Letters







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    The part about BATFE needs to be fine-tuned a bit (more than a bit). Their sails need to be trimmed but even I have to admit that in such things as arson investigations they can be indispensable. Perhaps requiring them to be subordinate to the primary COMMONWEALTH investigative agency would be helpful, as well as a requirement that all BATFE activities in the Commonwealth be approved by and supervised by the head of the Virginia State Police and/or the Chief of Police in the jurisdiction in which the BATFE is operating.

    There are few things that chafe the butts of local police investigators than having a bunch of Federal boys come breezing in and taking over. Much of the FBI's reputation for example has been earned by FBI agents coming into a local jurisdiction, declaring the situation a Federal matter, demanding all investigative notes and files - the product of hard, flat-foot routine good police work - be turned over and then grabbing the glory when the case is closed. It is not uncommon for local investigators to refer to the FBI as the "Fumbling Bunch of Idiots".

    To paraphrase "Tip" O'Neill (and I gag because he was a DemonRat of the first water) "All crime is local". And indeed, such as Mir Amal Kasi - who shot up a bunch of unarmed motorists waiting to turn left to get to work at the CIA - have been after Federal investigation turned over to Virginia because here in the Commonwealth we mean business; and it is easier to obtain a death sentence in a local Virginia Circuit Court than perhaps anywhere else in the nation; with the possible exception of Texas.

    IMO Virginia law enforcement should be used as the primaary for all cases occurring in Virginia.. Period. Federal entities should be secondaary except for such as espionage and treason.

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    I think all the versions, while a nice start, have problems.

    Perhaps Virginia's new Attorney General can help craft a great bill.

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    Founder's Club Member ixtow's Avatar
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    It is sad that section 10 probably is a poison pill.... It has balls, therefore, must be castrated....
    "The fourth man's dark, accusing song had scratched our comfort hard and long..."
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    Campaign Veteran Right Wing Wacko's Avatar
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    You forgot one important section:

    SECTION 13. Severability

    Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement.



    JUST IN CASE!


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    Regular Member gsx1138's Avatar
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    I think I just joygasmed from reading that. That is exactly the kind of thing I've had on my mind for the past year.

    Anyone know how the Montana bill is progressing? They have something similar.
    "Think lightly of yourself and deeply of the world." ~ Musashi

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    nearly identical legislation (with the exception of section 10) has been passed in both montana and tennesee with several other states considering it.

    a montana citizen who wants to manufacture guns is having a court battle with the feds right now because they say that they will still prosecute him under federal law even if montana says what he is doing is legal.

    The question is...what happens when the court rules against the states? will the states back down? or will they band together?
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

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    Any links or websites to where you got this info?

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    Interesting, I'd like to see this in North Carolina.



    Pagan wrote:
    The BATFE would have no authority to patrol our roads, with the intentions of making arrest, if it passed.
    I think all federal law enforcement agencies are just about the same in North Carolina except under special conditions but in general, I believe people like the FBI and perhaps even the BATFE, etc, etc can not act without being in support of or supporting a state or local law enforcement agency. Hell, even NC SBI don't have full law enforcement capabilities unless a crime went down right in front of them. I'll have to get one of my friends that is professionally in the know to clear that up.

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