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Thread: Virginia Firearms Freedom Act is filed in the House of Delegates HB 1731

  1. #1
    Regular Member Thundar's Avatar
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    Virginia Firearms Freedom Act is filed in the House of Delegates HB 1731

    Thank you Delegate Carrico!!!!

    Link: http://lis.virginia.gov/cgi-bin/legp...111+ful+HB1731

    HOUSE BILL NO. 1731
    Offered January 12, 2011
    Prefiled January 10, 2011
    A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.2:4, relating to firearms, firearms accessories, and ammunition manufactured and retained in Virginia.
    ----------
    Patron-- Carrico
    ----------
    Committee Referral Pending
    ----------
    Be it enacted by the General Assembly of Virginia:

    1. That the Code of Virginia is amended by adding a section numbered 18.2-308.2:4 as follows:

    § 18.2-308.2:4. Exemption of firearms, firearm accessories, and ammunition manufactured in Virginia from federal regulation.

    A. As used in this section:

    "Ammunition" means the combination of a cartridge, projectile, primer, or propellant designed for use in a firearm other than an antique firearm as defined in § 18.2-308.2:2.

    "Basic materials" include but are not limited to unmachined steel and unshaped wood.

    "Firearm" means any handgun, shotgun, or rifle that will or is designed to expel single or multiple projectiles by action of an explosion of combustible material.

    "Firearm accessory" means an item used in conjunction with or mounted upon a firearm, but which is not essential to the basic function of the 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.

    "Generic and insignificant parts" include but are not limited to springs, screws, nuts, and pins.

    "Manufactured" means that a firearm, firearm accessory, or ammunition has been created from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.

    B. Firearms, firearm accessories, and ammunition that are manufactured commercially or privately in Virginia, and that remain within the borders of Virginia, shall not be subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. Such firearms, firearm accessories, and ammunition are deemed to have not traveled in interstate commerce. This section shall be applicable to firearms, firearm accessories, and ammunition that are manufactured in Virginia from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. The importation into Virginia of generic or insignificant parts that have other manufacturing or consumer product applications other than firearms, firearm accessories, or ammunition and that are incorporated into firearms, firearm accessories, or ammunition manufactured in Virginia shall not subject the firearms, firearm accessories, or ammunition to federal regulation. Basic materials used for manufacturing shall not be considered firearms, firearms accessories, or ammunition for purposes of this section, and shall not be subject to the authority of the United States Congress to regulate the interstate commerce of firearms, firearms accessories, or ammunition as if they actually were firearms, firearms accessories, or ammunition simply because the basic materials are used in the manufacture of firearms, firearms accessories, or ammunition in Virginia. Firearms accessories that are imported into Virginia from another state and that are subject to federal regulation as being in interstate commerce shall not subject a firearm manufactured in Virginia to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm manufactured in Virginia.

    C. This section shall not apply to:

    1. A firearm that cannot be carried and used by one person;

    2. A firearm that has a bore diameter greater than one and one-half inches and that used smokeless powder, and not black powder, as a propellant;

    3. Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

    4. A firearm that discharges two or more projectiles with open activation of the trigger or other firing device.

    D. In order to fall under the purview of this section, any firearm manufactured and sold in Virginia shall have the words "Made in Virginia" clearly stamped on a central metallic part, such as on the receiver or the frame.

    E. This section shall apply to firearms, firearms accessories, and ammunition that are manufactured and retained in Virginia on or after July 1, 2011.
    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 inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Regular Member ocholsteroc's Avatar
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    @ Thunder, "§ 18.2-308.2:4. Exemption of firearms, firearm accessories, and ammunition manufactured in Virginia from federal regulation."

    Does this mean that "Federal regulation" means 21 and under can buy handgun ammo/handguns? but it has to be made in Virginia?
    Last edited by ocholsteroc; 01-12-2011 at 01:09 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?

  3. #3
    Regular Member Walt_Kowalski's Avatar
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    Yesssssssssssssss!
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good"
    -- George Washington

  4. #4
    Regular Member ocholsteroc's Avatar
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    Quote Originally Posted by Walt_Kowalski View Post
    Yesssssssssssssss!

    But what handgun ammo/handguns are made in Virginia?????


    I just found this on another forum "~~~~ wrote:
    That mean a SMG made in Virginia is legal to own by anyone in Virginia???

    So is that true?
    Last edited by ocholsteroc; 01-12-2011 at 01:44 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?

  5. #5
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by ocholsteroc View Post
    But what handgun ammo/handguns are made in Virginia?????


    I just found this on another forum "~~~~ wrote:
    That mean a SMG made in Virginia is legal to own by anyone in Virginia???

    So is that true?
    Pass the law and they will come...maybe.
    Montana has basically the same law and the Feds have refused to acknowledge it, last I heard.

    This is where it starts getting interesting and where the Cuccinelli bashers need to stop and think.

    The Federal Firearms laws are based on their right to control interstate commerce, the same premise as the health care bill.

    Cuccinelli has already beaten them on the health care bill and if the Supreme court upholds it, it will give some teeth to this bill if it's passed.
    Last edited by peter nap; 01-12-2011 at 04:38 PM.

  6. #6
    Regular Member Thundar's Avatar
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    Don't get excited. If enacted, w will need help from the Cooch to make this fly

    Quote Originally Posted by Walt_Kowalski View Post
    Yesssssssssssssss!
    passing the law is step 1.

    Getting it past the BATFE & Holder who will try to kill it in Federal court, is step 2. We have a very smart Commonwealth Attorney General. He might just derail obama-care, but the Cooch has not yet stepped up for firearms rights.
    Last edited by Thundar; 01-12-2011 at 04:58 PM.
    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 inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Regular Member Walt_Kowalski's Avatar
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    Thumbs up

    Oh .. I know.. but if this is passed, it is yet another step in the right direction.

    Heck.. it may spur manufacturing companies to look into making various NFA items like suppressors etc, and spur more jobs in VA.
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good"
    -- George Washington

  8. #8
    Regular Member ocholsteroc's Avatar
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    Quote Originally Posted by Walt_Kowalski View Post
    Oh .. I know.. but if this is passed, it is yet another step in the right direction.

    Heck.. it may spur manufacturing companies to look into making various NFA items like suppressors etc, and spur more jobs in VA.
    Oh, that would be good

    But I have been looking on google, can not find a firearm company that makes handguns or ammo here in this state. I guess it would be best for NFA items :-)
    Last edited by ocholsteroc; 01-12-2011 at 04:58 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?

  9. #9
    Regular Member TFred's Avatar
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    There already is a Beretta plant just outside Fredericksburg. I don't know what they do there, but it's a footprint.

    Beretta Careers

    TFred

  10. #10
    Regular Member ocholsteroc's Avatar
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    Quote Originally Posted by TFred View Post
    There already is a Beretta plant just outside Fredericksburg. I don't know what they do there, but it's a footprint.

    Beretta Careers

    TFred
    "WAREHOUSE ASSOCIATE – Fredericksburg, VA


    DESCRIPTION: Coordinates the flow of materials to areas of the plant to prevent manufacturing downtime. Performs a variety of computer functions relating to inventory control. Responsible for the accuracy of inventory through accurate computer transactions. Pick and package finished goods out to customers in a timely manner. Sort and label merchandise for put away. Assist with basic warehouse housekeeping (empty trash, handle cardboard for recycling, sweep floors, etc)."

    Nothing about making any products?
    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?

  11. #11
    Regular Member TFred's Avatar
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    Quote Originally Posted by ocholsteroc View Post
    "WAREHOUSE ASSOCIATE – Fredericksburg, VA


    DESCRIPTION: Coordinates the flow of materials to areas of the plant to prevent manufacturing downtime. Performs a variety of computer functions relating to inventory control. Responsible for the accuracy of inventory through accurate computer transactions. Pick and package finished goods out to customers in a timely manner. Sort and label merchandise for put away. Assist with basic warehouse housekeeping (empty trash, handle cardboard for recycling, sweep floors, etc)."

    Nothing about making any products?
    It may very well just be a warehouse. I've driven by it, it's a pretty bland warehouse-looking type building. With LOTS of security, fully enclosed behind a high barbed-wire fence.

    There is a much bigger facility in Maryland (ironic, no?).

    TFred

  12. #12
    Regular Member Repeater's Avatar
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    Quote Originally Posted by Thundar View Post
    Thank you Delegate Carrico!!!!

    Link: http://lis.virginia.gov/cgi-bin/legp...111+ful+HB1731

    HOUSE BILL NO. 1731
    Offered January 12, 2011
    Prefiled January 10, 2011
    A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.2:4, relating to firearms, firearms accessories, and ammunition manufactured and retained in Virginia.
    ----------
    Patron-- Carrico
    ----------
    Committee Referral Pending
    ----------
    Be it enacted by the General Assembly of Virginia:

    1. That the Code of Virginia is amended by adding a section numbered 18.2-308.2:4 as follows:

    § 18.2-308.2:4. Exemption of firearms, firearm accessories, and ammunition manufactured in Virginia from federal regulation.

    C. This section shall not apply to:


    4. A firearm, other than a shotgun, that discharges two or more projectiles with open activation of the trigger or other firing device.
    The language of the bill appears to based on the orignial Montana version. The problem is, Gary Marbut, the original drafter of the bill and President of the Montana Shooting Sports Association, has recommended several changes to the model legislation -- one in particular could improve the bill. I inserted it above.

    Any thoughts?

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Repeater View Post
    The language of the bill appears to based on the orignial Montana version. The problem is, Gary Marbut, the original drafter of the bill and President of the Montana Shooting Sports Association, has recommended several changes to the model legislation -- one in particular could improve the bill. I inserted it above.

    Any thoughts?
    Either ask the Patron to amend it or take it up in committee (If it makes it that far).
    Remember, this is a short session and a lot of things will get tabled. My guess this will be one of them. It certainly won't get past Saslaw's Marsh.
    Last edited by peter nap; 01-12-2011 at 06:32 PM.

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    Quote Originally Posted by peter nap View Post
    Either ask the Patron to amend it or take it up in committee (If it makes it that far).
    Remember, this is a short session and a lot of things will get tabled. My guess this will be one of them. It certainly won't get past Saslaw's Marsh.
    Do not think it will pass the Death Star Perhaps it needs time to grow some roots.

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    Quote Originally Posted by ocholsteroc View Post
    But I have been looking on google, can not find a firearm company that makes handguns or ammo here in this state.
    Doesn't FN Herstal have some sort of facility in VA?

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    http://firearmsfreedomact.com/state-by-state/#az
    If tennessee and eight other states can pass there own FFA so can VA. Alabama HB 186 AlaskaHB 186 IdahoHB589 MontanaHB 246 New Hampshire HB1285 – 1/6/10 HB 1285 departs from the Montana model in that it sets criminal penalties for any person attempting to enforce federal criminal laws against the maker of a New Hampshire-made and retained firearm. HB1433 South DakotaSB89 – 1/22/10Governor Rounds Signs Firearms Freedom Act into Law Tennessee HB 1796 and SB 1610 7/9/09 – the Tennessee State Senate approved Senate Bill 1610 (SB1610), the Tennessee Firearms Freedom Act, by a vote of 22-7. The House companion bill, HB1796 previously passed the House by a vote of 87-1. It has become law without the governor’s signature. Washington drops hammer on state gun plan 7/21/09 Tennessee: Firearms Freedom Act Passes Both Houses 6/3/09 Tennessee Firearms Freedom Act To Pass Without Signature 6/3/09 ATF Declares Tennessee Firearms Freedom Act Null And Void 7/19/09 Tennessee Firearms Freedom Act 2/28/07 TN Firearms Freedom Act: Tells Federal Government to Get Out of Our Business 6/6/09 Tennessee Firearms Freedom Act Passes HB 1796 6/10/09 Tennessee Firearms Freedom Act 6/5/09 UtahFile #0032 – 11/10/09 Gun proposal would defy feds – 11/18/09Utah to Feds: Keep your laws off our guns! 11/18/09 UT Governor Signs FFA WyomingHB95 – 1/6/10Wyoming gov. signs bill on federal gun regulation – 3/11/10 The WFFA differs from the original Montana model in that it establishes potential state penalties for anyone arresting a Wyoming
    person making or selling firearms, ammunition or accessories done in
    compliance with the WFFA.
    Last edited by All American Nightmare; 01-13-2011 at 08:30 AM.

  17. #17
    Founder's Club Member - Moderator ed's Avatar
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    Quote Originally Posted by ocholsteroc View Post
    But what handgun ammo/handguns are made in Virginia?????
    http://www.sterlingarsenal.com/
    Sterling, VA
    Carry On.

    Ed

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    Accomplished Advocate peter nap's Avatar
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    What guns are being made NOW, is not the question.

    What will be made if this passes? That's what counts..

    BTW, has Montana actually gotten past all the hurdles?
    Last edited by peter nap; 01-13-2011 at 09:21 AM.

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    Quote Originally Posted by peter nap View Post
    What guns are being made NOW, is not the question.

    What will be made if this passes? That's what counts..

    BTW, has Montana actually gotten past all the hurdles?
    Not that I can tell. http://firearmsfreedomact.com/montana-lawsuit-updates/

  20. #20
    Regular Member Thundar's Avatar
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    Quote Originally Posted by xdm guy View Post
    No, the case is being appealed to the US 9th Circuit.
    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 inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Founder's Club Member - Moderator ed's Avatar
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    Quote Originally Posted by peter nap View Post
    What guns are being made NOW


    Kriss USA
    PO Box 8928
    Virginia Beach, VA 23450
    USA
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

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    Quote Originally Posted by ed View Post
    Kriss USA
    PO Box 8928
    Virginia Beach, VA 23450
    USA


    I got to play with one of these once. Very cool how they use Glock 21 mags with a Magpul extension.
    Last edited by nova; 01-16-2011 at 02:47 PM.

  23. #23
    Regular Member MSC 45ACP's Avatar
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    Many of us know someone that has one ot these. I'm looking forward to shooting it when the weather gets warmer...

    :-D
    "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)

  24. #24
    Lone Star Veteran DrMark's Avatar
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    Quote Originally Posted by MSC 45ACP View Post
    Many of us know someone that has one ot these. I'm looking forward to shooting it when the weather gets warmer...

    :-D
    Yep. I know him, but haven't shot it. I may have to see about changing that.

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