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

Thundar

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Thank you Delegate Carrico!!!!

Link: http://lis.virginia.gov/cgi-bin/legp604.exe?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.
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Patron-- Carrico
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Committee Referral Pending
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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.
 

ocholsteroc

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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?
 
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peter nap

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


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.
 
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Thundar

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Newport News, Virginia, USA
Don't get excited. If enacted, w will need help from the Cooch to make this fly

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.
 
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Walt_Kowalski

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Ashburn, Virginia, USA
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.
 

ocholsteroc

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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 :)
 
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ocholsteroc

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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

"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? :(
 

TFred

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Most historic town in, Virginia, USA
"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
 

Repeater

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Nov 5, 2007
Messages
2,498
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Richmond, Virginia, USA
Thank you Delegate Carrico!!!!

Link: http://lis.virginia.gov/cgi-bin/legp604.exe?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?
 

peter nap

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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.
 
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All American Nightmare

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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.
 

All American Nightmare

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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.
 
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peter nap

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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?
 
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