Page 1 of 2 12 LastLast
Results 1 to 25 of 37

Thread: SB 379: Firearms transfers; penalties

  1. #1
    Regular Member mk4's Avatar
    Join Date
    Sep 2011
    Location
    VA
    Posts
    548

    SB 379: Firearms transfers; penalties

    did i miss a post on this one?

    criminalizing private sales?!? seller AND buyer.
    note the sponsor.

    ====

    http://leg1.state.va.us/cgi-bin/legp...?121+sum+SB379

    SB 379 Firearms transfers; penalties.
    A. Donald McEachin

    Firearms transfers; penalties. Creates a Class 2 misdemeanor for a person who is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer. The bill also creates a Class 2 misdemeanor for a person who is not a licensed dealer to buy, rent, trade, or transfer a firearm from any other person who is not a licensed dealer.
    Last edited by mk4; 01-12-2012 at 01:23 PM.

  2. #2
    Accomplished Advocate peter nap's Avatar
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    13,580
    Quote Originally Posted by mk4 View Post
    did i miss a post on this one?

    criminalizing private sales?!? seller AND buyer.
    note the sponsor.

    ====

    http://leg1.state.va.us/cgi-bin/legp...?121+sum+SB379

    SB 379 Firearms transfers; penalties.
    A. Donald McEachin

    Firearms transfers; penalties. Creates a Class 2 misdemeanor for a person who is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer. The bill also creates a Class 2 misdemeanor for a person who is not a licensed dealer to buy, rent, trade, or transfer a firearm from any other person who is not a licensed dealer.
    It must have just popped up. I haven't checked them since early morning!
    What a Di**!....wait, can I say Di**,
    What a Duck

  3. #3
    Founder's Club Member thebigsd's Avatar
    Join Date
    Mar 2010
    Location
    Quarryville, PA
    Posts
    3,543
    This is one we need to nip in the rear. This is a poor attempt to close the non-existent gun show "loophole."
    "When seconds count between living or dying, the police are only minutes away."

  4. #4
    Regular Member TFred's Avatar
    Join Date
    Oct 2008
    Location
    Most historic town in, Virginia, USA
    Posts
    7,705
    This full out eliminates the sale of private property between two law-abiding citizens in Virginia. They skipped all the hoops and went straight for the jugular.

    No full text available yet.

    Courts of Justice Committee members are listed though... see separate post.

    TFred

  5. #5
    Campaign Veteran T Dubya's Avatar
    Join Date
    Feb 2008
    Location
    Richmond, Va, ,
    Posts
    892
    In my infinite wisdom I saw this coming from McEachin which is why I started this thread: http://forum.opencarry.org/forums/sh...enate-District

    We have to do something, we have to let him know we are watching and we will work against him. Be prepared for the race card to be played at some point if he is challenged. His district is locked down and I realize that black folks need to be represented, but I would not be a bit surprised if he tried it. He is a "personal injury" attorney. He made an absurd, ridiculous argument against passing the restaurant carry bill. Nothing he would do to lash out at us would surprise me.

  6. #6
    Accomplished Advocate peter nap's Avatar
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    13,580
    Quote Originally Posted by T Dubya View Post
    In my infinite wisdom I saw this coming from McEachin which is why I started this thread: http://forum.opencarry.org/forums/sh...enate-District

    We have to do something, we have to let him know we are watching and we will work against him. Be prepared for the race card to be played at some point if he is challenged. His district is locked down and I realize that black folks need to be represented, but I would not be a bit surprised if he tried it. He is a "personal injury" attorney. He made an absurd, ridiculous argument against passing the restaurant carry bill. Nothing he would do to lash out at us would surprise me.
    This bill has absolutely no chance of coming out of Committee (I hope) but it would be good to have a BIG showing with many speakers to offset the three stooges when they start crying about the blood of 32.
    Last edited by peter nap; 01-12-2012 at 02:09 PM.

  7. #7
    Regular Member Baked on Grease's Avatar
    Join Date
    Jul 2011
    Location
    Sterling, Va.
    Posts
    652
    Well well... Even makes the transfer of a firearm a crime.... So if my buddy wants to try out my new 1911 at the range could it be considered a transfer under this law?

    Or you hand your firearm to a CHP holder so you can go in a campus building.... Technically you transfered....

    Any thoughts on how to kill this? Good thing we got to see it before lobby day, eh?

    Sent using tapatalk
    "A Right Un-exercised is a Right Lost"

    "According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)

    Carrying an XDm 9mm with Hornady Critical Defense hollowpoint. Soon to be carrying a Ruger along with it....

  8. #8
    Accomplished Advocate peter nap's Avatar
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    13,580
    Quote Originally Posted by Baked on Grease View Post
    Well well... Even makes the transfer of a firearm a crime.... So if my buddy wants to try out my new 1911 at the range could it be considered a transfer under this law?

    Or you hand your firearm to a CHP holder so you can go in a campus building.... Technically you transfered....

    Any thoughts on how to kill this? Good thing we got to see it before lobby day, eh?

    Sent using tapatalk
    Well, before you start killing it, you need to make sure it gets assigned to courts. It's possible it won't get assigned at all so we need to wait a little while.
    Then start contacting the decent people on Committee. I wouldn't bother Marsh (let him sleep) or Saslaw or McEachin.

    Emails count, phone calls count more, both count a lot and email, phone and personal visits are .....priceless

  9. #9
    Regular Member mk4's Avatar
    Join Date
    Sep 2011
    Location
    VA
    Posts
    548
    Quote Originally Posted by peter nap View Post
    Well, before you start killing it, you need to make sure it gets assigned to courts. It's possible it won't get assigned at all so we need to wait a little while.
    Then start contacting the decent people on Committee. I wouldn't bother Marsh (let him sleep) or Saslaw or McEachin.

    Emails count, phone calls count more, both count a lot and email, phone and personal visits are .....priceless
    it's now showing as assigned to courts.
    still no full text pdf available.

  10. #10
    Regular Member mk4's Avatar
    Join Date
    Sep 2011
    Location
    VA
    Posts
    548
    Quote Originally Posted by nova View Post
    Oops...I don't see an exemption for LE...looks like depts wouldn't be able to issue firearms to LEOs anymore!
    no full text pdf available yet, so LE exemption might still be there.

  11. #11
    Regular Member Repeater's Avatar
    Join Date
    Nov 2007
    Location
    Richmond, Virginia, USA
    Posts
    2,519

    Gun 'Suppression'

    Quote Originally Posted by T Dubya View Post
    In my infinite wisdom I saw this coming from McEachin which is why I started this thread: http://forum.opencarry.org/forums/sh...enate-District

    We have to do something, we have to let him know we are watching and we will work against him. Be prepared for the race card to be played at some point if he is challenged. His district is locked down and I realize that black folks need to be represented, but I would not be a bit surprised if he tried it. He is a "personal injury" attorney. He made an absurd, ridiculous argument against passing the restaurant carry bill. Nothing he would do to lash out at us would surprise me.
    Here's a thought: let's call his effort "Gun Suppression" and gun owner intimidation. Hey, it's HIS words!

    Black legislators blast voter suppression bills
    Looking to protect President Barack Obama's re-election base, Virginia Legislative Black Caucus members Wednesday said they are dedicated to the defeat of bills they perceive as voter suppression measures as part of their broader advocacy for overlooked Virginians.

    Republican legislators this year have filed at least two bills -- one would require voters to show identification at the polls -- that black lawmakers said they object to.

    Those measures are designed to discourage voting, not prevent possible voter fraud as supporters suggest, added Sen. Donald McEachin, D-Henrico County.

    "These are solutions looking for a problem," McEachin said of the Republican legislation he considers a vehicle for the GOP to vent over the fact that "an African American man is the President of the United States and they can't stand it."
    Why not trust gun owners? Hey, it's HIS words!

    Virginia Legislative Black Caucus targets voter ID bills
    After a delayed start due to Sen. L. Louise Lucas, D-Portsmouth, losing a shoe, the Virginia Legislative Black Caucus got off to a running start Wednesday, holding a news conference to outline its agenda.

    “We are going to be vocally opposed to any effort to suppress the vote,” Locke said.

    Why should we not take the person’s word for it?” said Sen. A. Donald McEachin, D-Henrico. “These are solutions looking for problems. There is no problem with voter fraud in Virginia. An African American won the presidency of the United States and they can’t stand it.”

    As written, Martin’s bill would also rule out voter registration cards as an acceptable form of ID at the polls. Martin has said he plans to strike that language.

    “We are now about to repeat Virginia’s inglorious history,” said Sen. Yvonne B. Miller, D-Norfolk. “We have people in the General Assembly who want to go backwards.”

    Miller went a step further, saying that her entire chamber was shifting ideologically.

    “We are now moving from a Senate that was very inclusive in terms of its leadership to a Senate that is now monolithic in the way its leadership looks,” she said.
    Well, there's no problem now with Gun Shows. Boo hoo.

  12. #12
    Regular Member mk4's Avatar
    Join Date
    Sep 2011
    Location
    VA
    Posts
    548
    ok, here's the full text. definitely criminalizes private sales/transfers, albeit with the noted exceptions.
    http://leg1.state.va.us/cgi-bin/legp...?121+ful+SB379

    SENATE BILL NO. 379
    Offered January 11, 2012
    Prefiled January 11, 2012
    A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.1:01, relating to transfers of firearms; penalties.
    ----------
    Patron-- McEachin
    ----------
    Referred to Committee for Courts of Justice
    ----------

    Be it enacted by the General Assembly of Virginia:

    1. That the Code of Virginia is amended by adding a section numbered 18.2-308.1:01 as follows:

    § 18.2-308.1:01. Firearm transfers.

    A. Any person other than a licensed dealer who sells, rents, trades, or transfers any firearm to any person other than a licensed dealer is guilty of a Class 2 misdemeanor.

    B. Any person other than a licensed dealer who buys, rents, trades, or transfers any firearm from any person other than a licensed dealer is guilty of a Class 2 misdemeanor.

    C. Notwithstanding subsection A or B, unless otherwise prohibited by state or federal law, any person may transfer a firearm to any other person if:

    1. The transfer is a bona fide gift made by or to a member of a person’s immediate family as defined in § 6.2-1300;

    2. The transfer occurs by operation of law;

    3. The transferor is an executor or administrator of an estate, or is a trustee of a trust created by a will;

    4. The transfer is temporary and occurs within the home of the transferor when:

    a. The transferee is not prohibited by any other law from possessing a firearm; and

    b. The transfer is necessary to prevent imminent death or great bodily harm; or

    5. The transfer is temporary and occurs (i) at a shooting range, (ii) at a target shooting competition, or (iii) while the transferor and transferee are engaged in lawful hunting.

    D. If neither party to a prospective firearms transfer is a licensed dealer, the parties to the transaction shall complete the transfer through a licensed dealer.
    Last edited by mk4; 01-13-2012 at 02:09 PM.

  13. #13
    Regular Member TFred's Avatar
    Join Date
    Oct 2008
    Location
    Most historic town in, Virginia, USA
    Posts
    7,705
    Quote Originally Posted by mk4 View Post
    4. The transfer is temporary and occurs within the home of the transferor when:

    a. The transferee is not prohibited by any other law from possessing a firearm; and

    b. The transfer is necessary to prevent imminent death or great bodily harm;
    Wow, what more could you want? If a home invader is about to shoot someone, McEachin says it's ok for you to let them borrow your gun without going through a licensed dealer first. What freedom!

    I don't know what the contextual definition of "transfer" is here, but judging from the conditions spelled out in this bill, it's not what I thought it was.

    TFred

  14. #14
    Accomplished Advocate user's Avatar
    Join Date
    Feb 2009
    Location
    Northern Piedmont of Virginia
    Posts
    2,373
    Not knowing anything about the patron, and having no clue about his "orientation", the "race card" thing caught my notice, since I'm recently recovered from having been involved in a "rascist conspiracy" in Surry County (according to the Commonwealth's Attorney, defense of a white guy in that county is apparently a "rascist conspiracy"). But all seriousness aside, what occurred to me is that lots of folks who aren't particularly rich, and who might happen to want to be able to defend themselves with a less-expensive used firearm are black folks. So why is this guy against the right of black folks to defend themselves? Who's he working for?
    Last edited by user; 01-13-2012 at 03:18 PM.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

  15. #15
    Regular Member TFred's Avatar
    Join Date
    Oct 2008
    Location
    Most historic town in, Virginia, USA
    Posts
    7,705
    Quote Originally Posted by user View Post
    Not knowing anything about the patron, and having no clue about his "orientation", the "race card" thing caught my notice, since I'm recently recovered from having been involved in a "rascist conspiracy" in Surry County (according to the Commonwealth's Attorney, defense of a white guy in that county is apparently a "rascist conspiracy"). But all seriousness aside, what occurred to me is that lots of folks who aren't particularly rich, and who might happen to want to be able to defend themselves with a less-expensive used firearm are black folks. So why is this guy against the right of black folks to defend themselves? Who's he working for?
    McEachin is about as anti- as you can get. I'm sure he's "working" for the Brady Bunch... not saying that literally, but certainly ideologically.

    TFred

  16. #16
    Accomplished Advocate peter nap's Avatar
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    13,580
    Quote Originally Posted by TFred View Post
    McEachin is about as anti- as you can get. I'm sure he's "working" for the Brady Bunch... not saying that literally, but certainly ideologically.

    TFred
    He's also Black...

    and an ambulance chaser.

  17. #17
    Regular Member mk4's Avatar
    Join Date
    Sep 2011
    Location
    VA
    Posts
    548
    Quote Originally Posted by user View Post
    Not knowing anything about the patron, and having no clue about his "orientation", the "race card" thing caught my notice, since I'm recently recovered from having been involved in a "rascist conspiracy" in Surry County (according to the Commonwealth's Attorney, defense of a white guy in that county is apparently a "rascist conspiracy"). But all seriousness aside, what occurred to me is that lots of folks who aren't particularly rich, and who might happen to want to be able to defend themselves with a less-expensive used firearm are black folks. So why is this guy against the right of black folks to defend themselves? Who's he working for?
    http://www.donaldmceachin.com/
    by all reports, he's essentially entrenched in his district.

    this bill needs to fail ASAP!

  18. #18
    Regular Member MSC 45ACP's Avatar
    Join Date
    Apr 2009
    Location
    Newport News, Virginia, USA
    Posts
    2,845
    Puller, a well-known communist is also on the committee... Her father-in-law (Chesty Puller) is spinning in his grave!!!
    "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)

  19. #19
    Regular Member 2a4all's Avatar
    Join Date
    Oct 2008
    Location
    Newport News, VA, ,
    Posts
    1,586
    This bill conflicts with HB 859, Criminal history record information check for transfer of certain firearms; exemption for concealed handgun permittees. (Provides an exemption from the required criminal history record information check upon firearms transfers in the Commonwealth for persons holding a valid Virginia-issued concealed handgun permit.)

    If they both become law, will CHP holders be able to conduct private sales? Will they only be able to do this among themselves?

    Left and right hands not coming together here.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

  20. #20
    Regular Member Thundar's Avatar
    Join Date
    Sep 2007
    Location
    Newport News, Virginia, USA
    Posts
    4,961
    Quote Originally Posted by 2a4all View Post
    This bill conflicts with HB 859, Criminal history record information check for transfer of certain firearms; exemption for concealed handgun permittees. (Provides an exemption from the required criminal history record information check upon firearms transfers in the Commonwealth for persons holding a valid Virginia-issued concealed handgun permit.)

    If they both become law, will CHP holders be able to conduct private sales? Will they only be able to do this among themselves?

    Left and right hands not coming together here.
    This bill clearly outlaws gun collecting in Virginia. Shame on the delegate.
    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

  21. #21
    Regular Member
    Join Date
    Jul 2008
    Location
    Dinwiddie, Virginia, USA
    Posts
    213
    obviously a law we can't afford to allow to pass.

    When we figure out how to squash this let me know what needs to be done. If need be I'll rally the 10,000+ members of the VaGunTrader website to make some noise.

    PM me if I can help.

  22. #22
    Regular Member
    Join Date
    Feb 2009
    Location
    Richmond, Virginia, USA
    Posts
    1,171

    Dandy Don Spewing again!

    Wasn't Dandy Don McEachin one of the individuals that stated it would be a Wild West if guns were allowed in restaurants that sold alcohol?

    Seems he never tires of looking foolish or being wrong.

    Maybe he is shooting to beat Saslaw's record.

  23. #23
    Regular Member
    Join Date
    Dec 2006
    Location
    Richmond, Virginia, USA
    Posts
    192
    The irony of "Jim Crow" gun laws brought back by a black guy!!!

  24. #24
    Regular Member 2a4all's Avatar
    Join Date
    Oct 2008
    Location
    Newport News, VA, ,
    Posts
    1,586
    Quote Originally Posted by Ric in Richmond View Post
    The irony of "Jim Crow" gun laws brought back by a black guy!!!
    What better way to slip a gun control measure in under the radar.

    What do you bet he's just being Obama's tool?
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

  25. #25
    Regular Member
    Join Date
    Feb 2009
    Location
    Richmond, Virginia, USA
    Posts
    1,171

    What's next?

    Quote Originally Posted by 2a4all View Post
    What better way to slip a gun control measure in under the radar.

    What do you bet he's just being Obama's tool?
    Will he be requiring all private used car sales to go through a car dealer? Is he going to propose legislation for background checks to buy a used car to make sure terrorists don't buy it?

    Everybody knows cars kill more people than guns.

    How did this communist get elected in the first place?

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •