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Thread: New Virginia Gun Laws Take Effect July 1st

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    Administrator John Pierce's Avatar
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    New Virginia Gun Laws Take Effect July 1st

    While this has been a landmark year for gun rights across the country with Wisconsin passing a carry bill and Wyoming moving to constitutional carry, Virginia continues to lead the way by passing pro-gun bills at an astonishing rate. Lead by the tireless efforts of the Virginia Citizens Defense League, Virginia gun owners have much to look forward to on July 1st such as ....

    http://monachuslex.com/?p=65

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    Regular Member TFred's Avatar
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    We are discovering that quite a few local ordinances are on the books that prohibit or restrict the discharge of BB or air guns.

    Some have been in the news, while most are probably not even aware of the issue.

    Steps are already under way to correct Fredericksburg. Spotsylvania is also probably in the process, or will be soon.

    If everyone took a look at their own locality, we'd probably be able to get a good start on finding and correcting these soon-to-be preempted local ordinances.

    Municode is a good place to start!

    ETA: Good search terms to use are "BB", and "pneumatic". Also make sure these types of guns are not lumped in with regular firearms for regulation of discharge.

    TFred
    Last edited by TFred; 06-26-2011 at 10:51 AM.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Administrator View Post
    While this has been a landmark year for gun rights across the country with Wisconsin passing a carry bill and Wyoming moving to constitutional carry, Virginia continues to lead the way by passing pro-gun bills at an astonishing rate. Lead by the tireless efforts of the Virginia Citizens Defense League, Virginia gun owners have much to look forward to on July 1st such as ....

    http://monachuslex.com/?p=65
    Good post John!

    And I'd like to add that while I often disagree with the direction some bills take, Philip is ALWAYS at the GA with other VCDL members to voice their opinions.

    In my book, that adds up to tireless effort.
    Thanks Philip!

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    Campaign Veteran Dutch Uncle's Avatar
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    I want to Second Peter's comments. I am certainly proud to have been an active VCDL member for some years now, and I have great respect for the hard work and diligence that Philip Van Cleave has put forth. We can thank Phil and the board members for making VCDL the single most effective gun rights organization in the Commonwealth, as well as a nationally known entity. VCDL has provided all of us with tremendous leverage to protect and expand our rights! Likewise, John and Mark have done a great job putting OC on the political map nationwide, and have made me proud to be a member of this group!
    Last edited by Dutch Uncle; 06-26-2011 at 01:21 PM.

  5. #5
    Regular Member 77zach's Avatar
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    How far away is Va from seeing an end to the permit requirement to conceal a weapon? Any serious push on that front? People don't become homicidal maniacs when they put on a jacket.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Add Virginia Beach to that list.



    Sec. 38-3. - Discharge of firearms, air guns, etc.

    (a)
    It shall be unlawful for any person to discharge any firearm, spring-propelled rifle or pistol or air-propelled rifle or pistol, from or across any land or water north or west of the trace of the line beginning at the intersection of North Landing Road and the Chesapeake-Virginia Beach city boundary line; thence northwardly along North Landing Road to Indian River Road; thence eastwardly along Indian River Road to New Bridge Road; thence northeastwardly along New Bridge Road to Sandbridge Road, thence eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean, or across any land north of False Cape State Park and east of Shipps Bay and Point Creek. This prohibition shall not apply to shotguns discharging pellets under the following conditions:
    (1)
    On land that is fifty (50) acres or more of contiguous area, or less than fifty (50) acres of contiguous area south of the trace of the line beginning at the intersection of Elbow Road and the Chesapeake-Virginia Beach city boundary line; thence northeastwardly along Elbow Road to Salem Road; thence southeastwardly along Salem Road to North Landstown Road; thence northeastwardly along Landstown Road to Princess Anne Road; thence southeastwardly along Princess Anne Road to Sandbridge Road; thence eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean; and
    (2)
    Under one (1) ownership; and
    (3)
    Used primarily for agricultural purposes; and
    (4)
    The landowner has applied for an annual permit from the city manager to use his property for this purpose, which permit shall be granted by the city manager if the applicant meets the requirements of this section; and
    (5)
    The person discharging a shotgun as herein set forth shall, at all times while engaged in such activity, have in his possession written permission from the landowner to discharge such weapon on the premises; and
    (6)
    All permits shall expire on the next June 30 after the date of issuance.
    (b)
    Notwithstanding the provisions of subsection (a)(4) above, no permit shall be issued to a landowner if it is determined by the city manager or his duly authorized agent that the issuance of such permit would be detrimental to the public safety, and any permit that has been issued and is in effect may be revoked by the city manager if it is determined by the city manager or his duly authorized agent that conditions have changed since the date of issuance of the permit that cause the continued use of the land for the permitted purpose to be detrimental to the public safety.
    (c)
    It shall be lawful to discharge firearms of .22-caliber or less south of the trace line enumerated in subsection (a) subject to the provisions of this section. It shall be unlawful to discharge any firearms greater than .22-caliber any place within the city; provided, however, that muzzleloading rifles using a charge of black powder or black powder equivalent may be used to hunt deer during the open season prescribed therefor by the Department of Game and Inland Fisheries south of the trace of the line described in subsection (a)(1). For purposes of this section, a muzzleloading rifle shall mean a single-shot flintlock or percussion rifle, .45 caliber or larger, firing a single lead projectile or sabot with a .38 caliber or larger nonjacketed lead projectile of the same caliber loaded from the muzzle of the weapon and propelled by at least fifty (50) grains of black powder or black powder equivalent.
    (d)
    Notwithstanding any other provisions of this section, it shall be unlawful for any person to discharge any firearm, spring-propelled rifle or pistol, or air-propelled rifle or pistol from, on, across or within one hundred fifty (150) yards of any building, dwelling, street, sidewalk, alley, roadway or public land or public place within the city limits.
    (e)
    The prohibitions of this section shall not apply to the operation of a shooting event that is sponsored by an organized group, provided, the written approval of the chief of police as to the safety and location of the event is obtained prior to the event.
    (f)
    Nothing in this section shall be construed to prohibit the discharge of firearms and other weapons by (1) law enforcement officers; (2) military personnel; or (3) federal, state or local government animal or fowl management agency agents in the city as part of authorized training or in the performance of their duties.
    (g)
    A violation of any provision of this section shall constitute a Class 1 misdemeanor.
    (Code 1965, § 38-2; Ord. No. 1107, 10-20-80; Ord. No. 1220, 9-14-81; Ord. No. 1332, 9-27-82; Ord. No. 1622, 9-15-86; Ord. No. 1624, 9-29-86; Ord. No. 2525, 4-6-99; Ord. No. 3084, 5-26-09)
    State law reference— Authority of city to regulate or prohibit discharge of firearms, Code of Virginia, § 15.1-865; discharging firearms in streets or public places, §§ 18.2-280, 18.2-286.




    Quote Originally Posted by TFred View Post
    We are discovering that quite a few local ordinances are on the books that prohibit or restrict the discharge of BB or air guns.

    Some have been in the news, while most are probably not even aware of the issue.

    Steps are already under way to correct Fredericksburg. Spotsylvania is also probably in the process, or will be soon.

    If everyone took a look at their own locality, we'd probably be able to get a good start on finding and correcting these soon-to-be preempted local ordinances.

    Municode is a good place to start!

    ETA: Good search terms to use are "BB", and "pneumatic". Also make sure these types of guns are not lumped in with regular firearms for regulation of discharge.

    TFred

  7. #7
    Founder's Club Member thebigsd's Avatar
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    I continue to see gun rights expanding in Virginia. I have only been carrying for four years and every year there have been less restrictions on my right to carry. I have been a member of VCDL and I thank them and Philip for their tireless efforts to keep us all informed and involved. Now with McDonnell in office I see just about anything pro gun-related that the GA passes getting signed into law
    "When seconds count between living or dying, the police are only minutes away."

  8. #8
    Regular Member TFred's Avatar
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    Quote Originally Posted by 77zach View Post
    How far away is Va from seeing an end to the permit requirement to conceal a weapon? Any serious push on that front? People don't become homicidal maniacs when they put on a jacket.
    Quote Originally Posted by thebigsd View Post
    I continue to see gun rights expanding in Virginia. I have only been carrying for four years and every year there have been less restrictions on my right to carry. I have been a member of VCDL and I thank them and Philip for their tireless efforts to keep us all informed and involved. Now with McDonnell in office I see just about anything pro gun-related that the GA passes getting signed into law
    Ok, I hate to be the Gloomy Gus... but we all need to know about this at every chance we have to spread the word.

    You will not find a bigger fan of VCDL than me. They (we) do great work.

    I've said this before, and I will continue to say it until someone can convince me it's wrong:

    "Until we defeat the Democratic majority in the Senate, we will never see another significant pro-gun bill passed in the state of Virginia."

    At this point, the two sides (the pro-gun groups such as VCDL, and the anti-gun nuts, the big-city Democrat Senators) are operating on two different fields of play.

    "We" are following the rules of law. We lobby, we ask for support, we argue our positions, we convince people to agree with us.

    "They" cheat.

    It is quite literally that simple.

    The Senate Democrats have, in the past two General Assembly sessions, created a subcommittee with one purpose, to kill bills that would otherwise pass, in direct violation of the Rules of the Senate. Last year after "losing" the defeat of the Restaurant Carry bill, they threw in the towel of the legal effort, and adopted the illegal effort. Seeing no consequence to this action last year, they repeated it again this year, and I submit that as long as Saslaw and Marsh are in positions of leadership, they will continue to do it.

    Until something happens to stop this, all significant pro-gun legislation in the state of Virginia is dead.

    Please, someone convince me that I'm wrong.

    TFred

  9. #9
    Accomplished Advocate peter nap's Avatar
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    You are wrong TFRed. We only need to defeat one Dem and that's Saslaw. Marsh's health keeps getting worse and he'll die soon.

    McDonnell isn't anti but contrary to opinion, he isn't all that pro either.

    Bill Bolling could put a stop to the Death Star in an instant but won't, so he needs the boot too.

    Sooooo IMO, we need to get rid of Saslay, Bolling on the Republican side and wish Marsh bon voyage.

  10. #10
    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    You are wrong TFRed. We only need to defeat one Dem and that's Saslaw. Marsh's health keeps getting worse and he'll die soon.

    McDonnell isn't anti but contrary to opinion, he isn't all that pro either.

    Bill Bolling could put a stop to the Death Star in an instant but won't, so he needs the boot too.

    Sooooo IMO, we need to get rid of Saslay, Bolling on the Republican side and wish Marsh bon voyage.
    Believe it or not, that does make me feel better.

    But until those things happen, we are dead in the water.

    Wikipedia tells me that Saslaw last won in 2007, with nearly 78% of the vote, in a district that the Republicans didn't even run a candidate. That part doesn't make me feel good at all.

    TFred

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    Regular Member MSC 45ACP's Avatar
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    So maybe Saslaw will have to die of old age before he's replaced, too? How sad.
    I remember dating a girl that voted dumbocrap just because her parents did.
    I asked why they did and they said "because we always have".
    I never went out with her again... Is stupidity hereditary?
    Too bad it isn't painful.
    "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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    Regular Member Thundar's Avatar
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    Quote Originally Posted by peter nap View Post
    You are wrong TFRed. We only need to defeat one Dem and that's Saslaw. Marsh's health keeps getting worse and he'll die soon.

    McDonnell isn't anti but contrary to opinion, he isn't all that pro either.

    Bill Bolling could put a stop to the Death Star in an instant but won't, so he needs the boot too.

    Sooooo IMO, we need to get rid of Saslay, Bolling on the Republican side and wish Marsh bon voyage.
    We've been screwed by the Cooch many times already. Wouldn't mind seeing him with a pink slip.
    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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    I hope we get college carry soon.. Love to see ODU crime go down.
    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?

  14. #14
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by ocholsteroc View Post
    I hope we get college carry soon.. Love to see ODU crime go down.
    As TFred pointed out, some changes need to happen first.

    I'm not on McDonnell's Christmas card list because I've been pretty blunt about VDOF, gotten emails he wanted to keep private, Etc....but I still have my contacts. They tell me VCDL is doing a lot of pushing for some administrative changes.

    Unless the elections go in a different direction than I think they will, that's the best possible route they can take this year.

  15. #15
    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    We only need to defeat one Dem and that's Saslaw.
    Quote Originally Posted by TFred View Post
    Wikipedia tells me that Saslaw last won in 2007, with nearly 78% of the vote, in a district that the Republicans didn't even run a candidate.
    With Saslaw's margin of victory, it may very well be easier to defeat 3 Democratic Senators that barely won their race than 1 Saslaw, who didn't even have a serious opponent. (In 2007 an "Independent Green" candidate picked up almost 21%, probably a record for that party.)

    TFred

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    Quote Originally Posted by 77zach View Post
    How far away is Va from seeing an end to the permit requirement to conceal a weapon? Any serious push on that front? People don't become homicidal maniacs when they put on a jacket.
    Va is a OC state. Check the map on the OCDO main page.

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    Founder's Club Member thebigsd's Avatar
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    Quote Originally Posted by All American Nightmare View Post
    Va is a OC state. Check the map on the OCDO main page.
    I think he was referring to constitutional carry. On that front, I think we have a lot of work to do.
    "When seconds count between living or dying, the police are only minutes away."

  18. #18
    Accomplished Advocate peter nap's Avatar
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    New Laws

    Bill Janis was kind enough to send me the link to the laws going into effect on the first.
    There is the firearms change to make it legitimate.
    http://dls.virginia.gov/PUBS/IDC/IDC11.pdf

  19. #19
    Regular Member TFred's Avatar
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    I spoke with the Fredericksburg City Attorney about the change in the air gun law. She mentioned that they do get a notice every year about the new laws, but she was puzzled that she hadn't seen that one.

    If this link is the same notice that went out to all the local jurisdictions, that could go a long way toward explaining why none of them have changed their ordinances yet, it doesn't appear to mention that new law at all!

    TFred
    Last edited by TFred; 06-29-2011 at 08:22 PM. Reason: Typo

  20. #20
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by TFred View Post
    I spoke with the Fredericksburg City Attorney about the change in the air gun law. She mentioned that they do get a notice every year about the new laws, but she was puzzled that hadn't seen that one.

    If this link is the same notice that went out to all the local jurisdictions, that could go a long way toward explaining why none of them have changed their ordinances yet, it doesn't appear to mention that new law at all!

    TFred
    The Department of Legislative Services put it out TFred. I haven't looked it over really well yet but it isn't nearly complete considering the quantity of new laws going in. Like most state agencies, they don't do any more than necessary to...just get by.

    Not on the list and something for everyone to watch out for.....Rolling through a right turn on red will be Reckless Driving.

  21. #21
    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    The Department of Legislative Services put it out TFred. I haven't looked it over really well yet but it isn't nearly complete considering the quantity of new laws going in. Like most state agencies, they don't do any more than necessary to...just get by.

    Not on the list and something for everyone to watch out for.....Rolling through a right turn on red will be Reckless Driving.
    Unless there were two, I think that one died...

    ...I must be tired.. my posts tonight are making no sense. Apologies.

    TFred
    Last edited by TFred; 06-29-2011 at 09:07 PM.

  22. #22
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by TFred View Post
    Unless there were two, I think that one died...

    ...I must be tired.. my posts tonight are making no sense. Apologies.

    TFred
    Made perfect sense to me

    But...I'm tired too

  23. #23
    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    Made perfect sense to me

    But...I'm tired too
    Then you must have missed all my interim edits...

    TFred

  24. #24
    Regular Member TFred's Avatar
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    Quote Originally Posted by TFred View Post
    Unless there were two, I think that one died...

    ...I must be tired.. my posts tonight are making no sense. Apologies.

    TFred
    I did find it somewhat interesting that it came out of the Transportation Committee 12-0 in favor, but out of the Courts of Justice Committee 14-0 against...
    TFred

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    I agree

    Quote Originally Posted by Thundar View Post
    We've been screwed by the Cooch many times already. Wouldn't mind seeing him with a pink slip.
    100%

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