Saturday, February 8, 2014

VA-ALERT: ACTION ITEM & Legislative Update 2/7/14

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URGENT ACTION ITEM

Delegate Wilt's HB 786, which allows teachers to store firearms in their vehicles while on school property without fear of being fired or punished, is up for a vote early next week! Let's protect our teachers!

To send a prewritten message to your Delegate, click here:

http://tinyurl.com/m9bck5t

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UPDATE: LIFETIME PERMITS AND CHP HOLDERS BEING EXEMPT FROM NICS CHECKS

The bad news first:

Two of the three lifetime permit bills are dead for this year. Delegate Campbell's bill (HB 644) was pocket vetoed (see the description of a pocket veto later in this document) and Delegate Lingamfelter's bill (HB 736) was passed by for the year.

Delegate Lingamfelter was a Colonel in the Army and he was very much a soldier on a mission to get a lifetime permit bill passed along with a NICS exemption for CHP holders (when buying a gun from a dealer, CHP holders would fill out the paperwork, show their permit, and get their gun without the dealer actually running a background check). Lifetime permits have been dear to Lingamfelter's heart for many years now and he fought hard for his bill.

Delegate Lingamfelter put in some important concessions to gain the support of both VCDL and the NRA this week. Consequently, VCDL moved from opposing his bill to neutral and the NRA went into support mode. VCDL still couldn't support the bill because there will still too many problems remaining and time simply ran out today. :-(

Now the good news:

Senator Carrico's SB 608 is the same bill that Lingamfelter introduced in the House. On Monday we will know if SB 608 has passed the Senate. If it does (and there is a good chance it might), we can fix the bill in the House, as we will have plenty of time to do so. We will try to get Lingamfelter's improvements put in the bill and fix up the remaining concerns that VCDL has. If we can accomplish that, then VCDL will go into full support mode. The final bill that VCDL would like to have would have the provision for a permit holder to be exempt from the NICS check when buying a firearm, too.

Much like the proverbial Phoenix rising from its ashes, lifetime permits may not yet be dead.

Cross your fingers.

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UPDATE: OTHER BILLS

As Crossover day approaches, several good bills and bad bills are effectively dead due to time constraints. Crossover is the day when all House bills that are still alive are sent to the Senate and vice versa. This is the second major step of the journey for a bill to become law.

The following bills died because they were never heard in either a committee or a subcommittee. This is called a "pocket veto" and the Speaker of the House, Bill Howell, and the appropriate Committee Chairman have that power. Usually the pocket veto is used to kill "controversial" bills that the Speaker doesn't want to bring to a vote because he doesn't want to put certain members of his party on record. The excuse for using such a veto is "darn, we just didn't have time to get to that bill."

Pro-liberty bills killed by a pocket veto:

HB 8, Del. Lee Ware, lowers the maximum fee for a CHP to $25 (put in for VCDL)

HB 21, Del. Bob Marshall, requires that at least one person in every school be authorized to carry a concealed handgun.

HB 114, Del. Cole, allows private schools to determine their own policies on school security (put in for VCDL).

HB 317, Del. Berg, restores the right of CHP holders to be able to carry in the non-sterile areas of an airport terminal.

HB 644, Del. Campbell, lifetime CHPs.

HB 646, Del. Campbell, removes the fee for getting a replacement CHP.

HB 714, Del. Campbell, removes the fee for renewing a CHP.

HB 1266, Del. LaRock, makes it so that a Class III trust can register a machine gun with the Virginia State Police. I fought hard to get that bill put into subcommittee and given a vote, but in the end it was pocket vetoed. That is most unfortunate for all those who have a machine gun in a trust.


Anti-liberty bills killed by a pocket veto:

HB 257, Del. Lingamfelter, increases felonies for crimes committed using a firearm.

HB 964, Del. Surovell, takes away a person's ability to purchase a firearm or to get a CHP if they are on the secret federal "terrorist watchlist."


The following anti-liberty bills were KILLED this week in committee:

HB 48, Del. Simon, takes away gun rights for certain misdemeanor convictions.

HB 298, Del. Loupassi, overreaching mental health bill that would leave someone disarmed who was deemed to not need commitment on appeal. This bill would have been in violation of the Americans with Disabilities Act (ADA).

HB 1015, Del. Berg, required certain signage for a non-residential building if they wish to ban guns. This bill, while well meaning, was deemed unnecessary as current trespass laws are working well in Virginia.


The following anti-liberty bills ADVANCED this week:

SB 65, Sen. Marsh, "celebratory gunfire" bill passed out of the Senate and heads to the House. The House version of this bill, HB 810 by Del. Carr, was completely changed into a reckless endangerment bill, stripping out all of Sen. Marsh's gun-control language. The modified version passed out of the House. I would expect the same series of events to happen to SB 65 in the House. As a reckless endangerment bill, VCDL stands neutral instead of strongly opposing. HB 810 provides punishment for someone who handles a firearm in a "gross, wanton, and culpable" manner as to show "reckless disregard for human life" and causes someone else to have "permanent and significant physical injuries." The punishment is a Class 6 felony.

SB 510, Sen. Favola, takes away a person's gun rights for certain misdemeanors passed out of the Senate and heads to the House. This bill had a matching bill in the House, HB 48, Del. Simon, which was KILLED this week. I would expect SB 510 to meet the same fate.


The following pro-liberty bills ADVANCED this week:

HB 43, Del. Bob Marshall, prevents state and local government from helping the feds enforce gun laws passed after 12/1/2013. There is still a chance this bill could die with a pocket veto. We will know on Monday.

SB 377, Sen. Reeves, gives a firearms dealer the OPTION of being able to check a gun for stolen when purchased from, transferred from, or traded with a private seller. Passed the Senate and is headed to the House.

HB 752, Del. Rust, prevents automatic expulsion of students for possession of an air gun. Passed the House and is on the way to the Senate.

HB 786, Del. Wilt, prevents a teacher with a lawfully stored firearm in his or her car, from being fired or punished. Cleared committee and heads to the House Floor.



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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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