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Thread: VA-ALERT: Prefiled gun bills now online!

  1. #1
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    VA-ALERT: Prefiled gun bills now online!

    The first batch of gun bills is now on the Virginia General Assembly Legislative Services web site. This is the tip of the iceberg and we can expect many more to arrive later this week once the General Assembly is actually in session. As a result I will send updates during the week on the additional bills as they arrive.

    Here are the bills that VCDL is currently watching, what they do, and whether we support or oppose them. Some House Republicans and some Senate Democrats have come out swinging for our gun rights. With an election of both House and Senate coming this November, this could be an interesting session:

    HB 305 - Delegate Nutter - allows a person who has a CHP or who has current or retired military officer identification and who is purchasing an 'assault weapon' to be exempt from needing to prove citizenship (with a birth certificate, voter registration, passport, etc.) - VCDL Strongly Supports this bill

    HB 1411 - Delegate Wilt - limits the penalty for reckless handling of a firearm while hunting or trapping to a maximum of five years of prohibition from carrying while hunting/trapping, down from the current one year to LIFE prohibition. However, if the person then hunts during the prohibition period, they can be prohibited from carrying while hunting/trapping for one year to life, up from the current one to five additional years - VCDL Supports this bill

    HB 1422 - Delegate Albo - allows a person to keep one firearm of no more than $3,000 in value if they are subject to a creditor process (updates Virginia's Homestead laws) - VCDL Supports this bill

    HB 1471 - Delegate Cole- allows a person to keep one firearm for household use if they are subject to a creditor process (updates Virginia's Homestead laws) - VCDL Strongly Supports this bill

    HB 1552 - Delegate Cox, J. A. - specifies that the Circuit Court Clerk is to mail a certified concealed handgun permit application to serve as a temporary concealed handgun permit within 5 days of the expiration of the maximum 45-day application processing period - VCDL Strongly Supports this bill

    SB 754 - Senator Reynolds - is an improvement to current law dealing with abuse-based protective orders, which restrict purchase or transport of firearms. The bill would make such restrictions only after an ACTUAL FINDING of abuse (not just an accusation). However, the bill should be changed to require that the finding of abuse be made at an adjudicatory hearing (so that the order cannot be made "ex parte") - VCDL Supports, but would Strongly Support with suggested change

    SB 755 - Senator Reynolds - allows someone who has had mental health treatment or substance abuse treatment in a residential setting to petition the Court for restoration of a CHP before the current five year waiting period has expired - VCDL Strongly Supports this bill

    SB 757 - Senator Reynolds - allows someone on private property to be able to discharge an air gun as long as they have permission from the property owner to do so and reasonable care is taken to ensure the projectile does not cross the bounds of the property. Any local ordinances to the contrary, such as Fairfax County has, would be preempted - VCDL Strongly Supports this bill

    SB 758 - Senator Reynolds - is an improvement to current law dealing with abuse-based and neglect-based protective orders, which restrict purchase or transport of firearms. The bill would make such restrictions only after an actual finding of both abuse AND neglect (not just an accusation). However, it should be changed to require that the finding of abuse and neglect be made at an adjudicatory hearing (so that the order cannot be made "ex parte") - VCDL Supports, but would Strongly Support with suggested change

    SB 839 - Senator Petersen - allows a person to keep one firearm for household use if they are subject to a creditor process (updates Virginia's Homestead laws) - VCDL Strongly Supports this bill

    SB 850 - Senator Petersen - allows a person to hunt on Sundays - VCDL Strongly Supports this bill

    SJ 307 - Senator McEachen - Senate Joint Resolution which resolves that a Virginia Constitutional Amendment be made that allows NON-VIOLENT felons to get their voting rights back, BUT NOT THEIR FIREARMS RIGHTS BACK, upon completion of their sentence. VCDL Opposes this resolution as introduced because it specifically denies someone their Second Amendment rights, but would Strongly Support it if firearms rights would be restored, too



    MORE BILLS ADDED AND A CORRECTION:First a correction to the previous alert:

    HB 305 should have been HB 995:

    HB 995 - Delegate Nutter - allows a person who has a CHP or who has current or retired military officer identification and who is purchasing an 'assault weapon' to be exempt from needing to prove citizenship (with a birth certificate, voter registration, passport, etc.) - VCDL Strongly Supports this bill

    I have been getting several comments about this bill being discriminatory because it only exempts military officers and not rank-and-file members of the military. I believe the reason for the officers-only wording is that rank-and-file military members don't necessarily have to be U.S. citizens, but officers must.

    -

    Here are some new bills:

    HB 1600 - Delegate BaCote - a perennial bill that allows libraries to ban guns - VCDL Strongly Opposes this bill

    HB 1669 - Delegate McClellan - another perennial bill that closes the non-existent "gun show loophole." It is nothing but a thinly veiled attempt to destroy gun shows and register private firearms - VCDL Strongly Opposes this bill

    HB 1699 - Delegate Athey - cleans up conflicting/inconsistent wording dealing with a person who has been acquitted by reason of insanity from certain charges to petition to have his gun rights restored upon discharge from treatment - VCDL Supports this bill

    -

    ANOTHER INTERVIEW WITH MR. ZAMUDIO

    Geraldo Rivera on Fox interviewing the armed citizen who helped detain the Arizona shooter:

    http://www.youtube.com/watch?v=nUmmOWL05r8


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    VA-ALERT is a project of the Virginia Citizens Defense League, Inc. (VCDL). VCDL is an all-volunteer, non-partisan grassroots organization dedicated to defending the human rights of all Virginians. The Right to Keep and Bear Arms is a fundamental human right.

    VCDL web page: http://www.vcdl.org [http://www.vcdl.org/]
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    Last edited by 67GT390FB; 01-10-2011 at 05:23 PM.

  2. #2
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    Re: HB 305....I would change it to read "retired military"....and not make a distinction between officers and enlisted. If you served for 20+ yrs (or medically retired before 20), that should count.

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    Regular Member t33j's Avatar
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    Quote Originally Posted by SIGguy229 View Post
    Re: HB 305....I would change it to read "retired military"....and not make a distinction between officers and enlisted. If you served for 20+ yrs (or medically retired before 20), that should count.
    Where did you get 20 years from
    Sic Semper Tyrannis

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    20 years is the required timeframe before a person in the military may take retirement. SigGuy is taking exception to the requirement of using only an officer's identification and providing nothing for enlisted retirees.

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    Regular Member t33j's Avatar
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    Quote Originally Posted by jmelvin View Post
    20 years is the required timeframe before a person in the military may take retirement. SigGuy is taking exception to the requirement of using only an officer's identification and providing nothing for enlisted retirees.
    Right, got it. ...and agree.
    Sic Semper Tyrannis

  6. #6
    Activist Member Wolf_shadow's Avatar
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    Update

    First a correction to the previous alert:

    HB 305 should have been HB 995:

    HB 995 - Delegate Nutter - allows a person who has a CHP or who has current or retired military officer identification and who is purchasing an 'assault weapon' to be exempt from needing to prove citizenship (with a birth certificate, voter registration, passport, etc.) - VCDL Strongly Supports this bill

    I have been getting several comments about this bill being discriminatory because it only exempts military officers and not rank-and-file members of the military. I believe the reason for the officers-only wording is that rank-and-file military members don't necessarily have to be U.S. citizens, but officers must.

    -

    Here are some new bills:

    HB 1600 - Delegate BaCote - a perennial bill that allows libraries to ban guns - VCDL Strongly Opposes this bill

    HB 1669 - Delegate McClellan - another perennial bill that closes the non-existent "gun show loophole." It is nothing but a thinly veiled attempt to destroy gun shows and register private firearms - VCDL Strongly Opposes this bill

    HB 1699 - Delegate Athey - cleans up conflicting/inconsistent wording dealing with a person who has been acquitted by reason of insanity from certain charges to petition to have his gun rights restored upon discharge from treatment - VCDL Supports this bill

    -

    ANOTHER INTERVIEW WITH MR. ZAMUDIO

    Geraldo Rivera on Fox interviewing the armed citizen who helped detain the Arizona shooter:

    http://www.youtube.com/watch?v=nUmmOWL05r8

    -------------------------------------------
    ************************************************** *************************
    VA-ALERT is a project of the Virginia Citizens Defense League, Inc.
    (VCDL). VCDL is an all-volunteer, non-partisan grassroots organization
    dedicated to defending the human rights of all Virginians. The Right to
    Keep and Bear Arms is a fundamental human right.


    My question on HB 995 is does "who has current or retired military officer identification" mean Rank as in Lt., Capt., Etc. or MP? Seams to ambiguous to me.
    Last edited by Wolf_shadow; 01-10-2011 at 05:53 PM.

  7. #7
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by SIGguy229 View Post
    Re: HB 305....I would change it to read "retired military"....and not make a distinction between officers and enlisted. If you served for 20+ yrs (or medically retired before 20), that should count.
    I tend to agree...kinda. The bill is P4P and worse yet, within the discrimination, there's more discrimination.

    Philip pointed out that it only included officers because non citizens could be in service but not officers.
    This is a mighty thin bill to support and while it doesn't really hurt anything, it certainly isn't beneficial to ALL gun owners.

    In fact, it leaves most of us standing in the rain.

    I vote thumbs down but don't feel strongly enough to get a rope...... (Yet)

  8. #8
    Activist Member nuc65's Avatar
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    We need a few hundred more 'special' classes of people. I think laws that call out a particular type of person, retired military, ABC officials, etc. etc. are very poor. Everybody should be afforded the same and equal treatment under color of law, killing, maiming, insulting, is the same whether you are a mom, a dad, a firefighter, an engineer, a photographer or otherwise.

    Something about 'All people are created equal...,' today it seems some other are more equal :P
    Last edited by nuc65; 01-10-2011 at 06:58 PM.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    I tend to agree...kinda. The bill is P4P and worse yet, within the discrimination, there's more discrimination.

    Philip pointed out that it only included officers because non citizens could be in service but not officers.
    This is a mighty thin bill to support and while it doesn't really hurt anything, it certainly isn't beneficial to ALL gun owners.

    In fact, it leaves most of us standing in the rain.

    I vote thumbs down but don't feel strongly enough to get a rope...... (Yet)
    If we're only going to be able to get a very few token bills through the Senate's "special" gun-bill-killing sub-committee... this is not one that I'd care to see...

    TFred

  10. #10
    Regular Member 45acpForMe's Avatar
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    Are there more bills coming or is this it for this session.

    My response to these are a big yawn/gag. I will support what VCDL supports but I see no steps toward constitutional carry or anything that could be measured in steps rather than micrometers!

    Yes I understand the senate has the death-star committee but they have to stand for election this year, lets get them on record again voting against good bills meant to regain liberty for all Virginians!


  11. #11
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by 45acpForMe View Post
    Are there more bills coming or is this it for this session.

    My response to these are a big yawn/gag. I will support what VCDL supports but I see no steps toward constitutional carry or anything that could be measured in steps rather than micrometers!

    Yes I understand the senate has the death-star committee but they have to stand for election this year, lets get them on record again voting against good bills meant to regain liberty for all Virginians!

    By the pricking of my thumbs, something wicked this way comes.

    Expect a lot more bills.

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    Regular Member ocholsteroc's Avatar
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    Quote Originally Posted by 45acpForMe View Post
    Are there more bills coming or is this it for this session.

    My response to these are a big yawn/gag. I will support what VCDL supports but I see no steps toward constitutional carry or anything that could be measured in steps rather than micrometers!

    Yes I understand the senate has the death-star committee but they have to stand for election this year, lets get them on record again voting against good bills meant to regain liberty for all Virginians!

    Agreed

    I thought we where going to have that good reason removed from Churches on the bill? or try to.
    " 18.2-283. Carrying dangerous weapon to place of religious worship.

    If any person carry any gun, pistol, bowie knife, dagger or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place he shall be guilty of a Class 4 misdemeanor.


    "
    Last edited by ocholsteroc; 01-10-2011 at 08:47 PM.
    How come a DUI you can get your driver licence back, which it is a privilege. But if commiting a felon, even something non violent like stealing, you are denied your constitutional rights for the rest of your life?
    If you don't support the Second Amendment to the Constitution, what other parts of the Constitution do you reject?
    More restrictions on guns? how about restrictions on chainsaws and knives?

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by ocholsteroc View Post
    Agreed

    I thought we where going to have that good reason removed from Churches on the bill? or try to.
    " 18.2-283. Carrying dangerous weapon to place of religious worship.

    If any person carry any gun, pistol, bowie knife, dagger or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place he shall be guilty of a Class 4 misdemeanor.


    "
    VCDL/PAC can't introduce bills. They need a patron to do it. That's not the easiest thing in the world at times.

    OV has some bills that we've been trying to have introduced for 5 years. I slipped one of them in this year.

    All VCDL can do is keep at the friendly legislators and try to convince them.

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    Regular Member bom1911's Avatar
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    HB 995 - Delegate Nutter - allows a person who has a CHP or who has current or retired military officer identification and who is purchasing an 'assault weapon' to be exempt from needing to prove citizenship (with a birth certificate, voter registration, passport, etc.) - VCDL Strongly Supports this bill

    I have been getting several comments about this bill being discriminatory because it only exempts military officers and not rank-and-file members of the military. I believe the reason for the officers-only wording is that rank-and-file military members don't necessarily have To be U.S. citizens, but officers must.

    I'm a bit confused by this. According to form SP248, you don't need to be a US citizen to get a CHP.

    http://www.vsp.state.va.us/downloads...v_7-1-2010.pdf

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    Regular Member t33j's Avatar
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    Quote Originally Posted by bom1911 View Post
    I'm a bit confused by this. According to form SP248, you don't need to be a US citizen to get a CHP.

    http://www.vsp.state.va.us/downloads...v_7-1-2010.pdf
    Think it's part of the "assault weapon" (whatever that is ) bit.
    Last edited by t33j; 01-10-2011 at 11:46 PM.
    Sic Semper Tyrannis

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    Quote Originally Posted by t33j View Post
    Think it's part of the "assault weapon" (whatever that is ) bit.
    A true assault rifle is a class three NFA item. We can think the media telling a lie!

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    Quote Originally Posted by peter nap View Post
    I tend to agree...kinda. The bill is P4P and worse yet, within the discrimination, there's more discrimination.

    Philip pointed out that it only included officers because non citizens could be in service but not officers.
    This is a mighty thin bill to support and while it doesn't really hurt anything, it certainly isn't beneficial to ALL gun owners.

    In fact, it leaves most of us standing in the rain.

    I vote thumbs down but don't feel strongly enough to get a rope...... (Yet)
    It might be a good idea to find out the exact wording of this bill befor any judgement is passed. Are there any NCO's here?

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    First VCDL requested bill has hit - more to come

    Full recognition bill introduced. Details on Tuesday. More should be coming soon. VCDL is trying to get a Constitutional Carry bill introduced and I think we are going to be successful doing so. Will know shortly.

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    Regular Member bom1911's Avatar
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    Quote Originally Posted by t33j View Post
    Think it's part of the "assault weapon" (whatever that is ) bit.

    Yeah, I get that part, but if you don't need to be a citizen to get CHP, why exclude enlisted personel who also don't need to be citizens? Why allow CHP holders, but not the enlisted folks to buy an "assault weapon"?

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    Regular Member coondog22554's Avatar
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    Thumbs up

    Quote Originally Posted by vcdl president View Post
    full recognition bill introduced. Details on tuesday. More should be coming soon. Vcdl is trying to get a constitutional carry bill introduced and i think we are going to be successful doing so. Will know shortly.
    bravo

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