(VA) VSSA Legislative Alert Forwarded

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Roadrunner

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Here are A FEW highlights from the 2003 Virginia General Assembly (full text follows):

HB 1908 Importation, sale, possession or transfer of weapons that fire certain
Patron - James F. Almand

Summary as introduced:
Importation, sale, possession or transfer of weapons that fire certain rounds; penalty. Provides that any person who imports, sells, possesses, or transfers a firearm that fires the U.S. Army .50 caliber Browning Machine Gun round, the Russian/Chinese Army 12.7 mm round or the Russian/Chinese Army 14.5 mm round is guilty of a Class 6 felony.

HB 1997 Concealed handguns in "entertainment establishments."
Patron - R. Lee Ware, Jr.

Summary as introduced:
Concealed handguns in "entertainment establishments." Defines an entertainment establishment as an establishment that provides entertainment and whose sale of alcohol constitutes more than 30 per cent of total sales. The bill requires that such an establishment clearly post the fact at its entrances and removes the prohibition on taking an otherwise legally concealed handgun into a restaurant, replacing it with a prohibition on taking an otherwise legally concealed handgun into an entertainment establishment.

SB 771 Concealed handgun permits.
Patron - Ken T. Cuccinelli, II

Summary as introduced:
Concealed handgun permits. Provides that a valid concealed handgun permit or license issued by another state shall be valid in the Commonwealth, provided the permit holder is not a resident of Virginia and, if the permit does not include a photograph of the holder, he carries a current state or federal government-issued photo identification. Also requires that the Attorney General enter into reciprocal agreements with the states that require it for recognition of the validity of Virginia concealed handgun permits. The bill removes the requirement that the out-of-state permit holders meet Virginia requirements for issuance.



Virginia Shooting Sports Association
Legislative Alert for 1-8-03

===============================================================
Welcome to the first day of the 2003 Virginia General Assembly. Please find as attached Microsoft Word files, legislator contact information for both the House and Senate. Please make the effort to contact your representatives by mail and a phone call to their offices. E-mails and faxes are far less effective due to the enormous volume of computer generated material being generated from mailing lists these days. Below is listed all prefiled bills and bills introduced today.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

HB 1392 No fee for concealed firearm permit.
Patron - L. Scott Lingamfelter

Summary as introduced:
No fee for concealed firearm permit. Provides that the following need not pay a fee for a concealed firearm permit: (i) any person on active duty in good standing in the United States armed forces, National Guard or reserves of any service component, (ii) any retiree of any service component who has served 20 years of active duty in the United States armed forces, or (iii) any person who has served 30 years or more in the National Guard or in the Reserves of any service component.

HB 1433 Reissuance of concealed handgun permit.
Patron - Allen L. Louderback

Summary as introduced:
Reissuance of concealed handgun permit. Provides that the clerk of the circuit court shall give written notice by mail to the permit holder, at his last known address, of the expiration of his permit at least 60 days prior to expiration.

HB 1448 Issuance of concealed handgun permits.
Patron - William R. Janis

Summary as introduced:
Issuance of concealed handgun permits. Places the responsibility for issuance of concealed handgun permits in the hands of the clerk of the circuit court; denial and revocation authority remains with the court.

HB 1491 Use of rifles in King George County.
Patron - Albert C. Pollard, Jr.

Summary as introduced:
Use of rifles in King George County. Repeals the law that prohibits an individual from hunting any wild bird or animal in King George County with a rifle capable of shooting any cartridge more powerful than commercially loaded .22 caliber rifle cartridges.

HB 1501 Definition of antique and curio firearms.
Patron - L. Scott Lingamfelter

Summary as introduced:
Definition of antique and curio firearms. Redefines definition of antique firearm to follow the federal law and adds a definition of curio (and relic) firearms taken from the Code of Federal Regulations.

HB 1502 Personal protection; carrying concealed weapons; when lawful to carry.
Patron - Harry R. Purkey

Summary as introduced:
Personal protection; carrying concealed weapons; when lawful to carry. Eliminates the concealed weapons permit fee for members of the United States Marshals Service who have completed 20 years of service or are aged 55 or older.

HB 1516 Control of firearms by local ordinance.
Patron - Richard H. Black

Summary as introduced:
Control of firearms by local ordinance. Provides that no person may be prosecuted or convicted of a violation of any ordinance regulating the possession, carrying, or transportation of a firearm if he is (i) in possession of the firearm not in violation of any provision of Title 18.2 and he has a valid concealed handgun permit issued pursuant to § 18.2-308 or (ii) otherwise possessing, carrying, or transporting the firearm in a lawful manner. This provision was formerly limited only to transporting the weapon.

HB 1581 Control of firearms by localities.
Patron - Mark L. Cole

Summary as introduced:
Control of firearms by localities. Deletes provisions that allow localities to enforce certain ordinances adopted prior to 1987, related to control of firearms.

HB 1620 Concealed weapons restrictions and procedures.
Patron - Clarke N. Hogan

Summary as introduced:
Concealed weapons restrictions and procedures. Provides that it is legal to carry a permitted concealed weapon while hunting regardless of the weather, that traffic misdemeanors do not prohibit one from obtaining a concealed handgun permit, that the clerk shall replace a lost or stolen permit and that the State Police shall establish a uniform size and shape for the permit.

SB 698 Transfer of firearms; criminal records check.
Patron - Henry L. Marsh III

Summary as introduced:
Transfer of firearms; criminal records check. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. This bill would require that private sales go through the instant background check system in the same manner that sales from licensed firearms dealers are conducted.

SB 703 Possession of weapons on school property.
Patron - Frederick M. Quayle

Summary as introduced:
Possession of weapons on school property. Specifies that possession of a BB handgun or BB rifle on school property is punishable as a Class 6 felony.

HB 1811 Deadly physical force.
Patron - John J. Welch, III

Summary as introduced:
Deadly physical force. Grants the occupant of a dwelling immunity from civil liability or criminal prosecution for any injury or death resulting from the occupant's use of force, including deadly physical force, against a person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily harm.

HB 1856 Definition of a firearm.
Patron - L. Scott Lingamfelter

Summary as introduced:
Definition of a firearm. Conforms the definitions of "firearm" in Title 18.2 to be consistent with the definition of "firearm" in Title 29.1; it essentially replaces "explosion" with "by action of an explosion of a combustible material," and removes references to weapons in which ammunition may be discharged by pneumatic pressure from several definitions or uses of "firearm" throughout the Code.

HB 1907 Student expulsions; possession of air Rifle or BB gun.
Patron - James F. Almand

Summary as introduced:
Student expulsions; possession of air rifle or BB gun. Modifies the "Gun-Free Schools" statute to add possession of an air rifle or BB gun on school property or a school-sponsored activity to those firearms-related offenses for which school boards are to expel students for 1 calendar year, unless the school board determines that "special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate." The current weapons, firearms, and destructive device definitions in the Gun-Free Schools and criminal statutes do not clearly address air rifles or BB guns. Under current law, students are to be expelled (unless "special circumstances" exist) for possession of "firearms," defined in the Gun-Free Schools statute as "any destructive device," and those weapons that may "expel a projectile by the action of an explosive," those weapons prohibited on school property or at school-sponsored activities in § 18.2-308.1." Section 18.2-308.1, in turn, cross-references and incorporates the definition of "weapons" listed in § 18.2-308 A, which includes various knives as well as "any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material." The measure does not alter the definition of "firearm" in the criminal statutes or within the Gun-Free Schools provision.

HB 1908 Importation, sale, possession or transfer of weapons that fire certain ammunition
Patron - James F. Almand

Summary as introduced:
Importation, sale, possession or transfer of weapons that fire certain rounds; penalty. Provides that any person who imports, sells, possesses, or transfers a firearm that fires the U.S. Army .50 caliber Browning Machine Gun round, the Russian/Chinese Army 12.7 mm round or the Russian/Chinese Army 14.5 mm round is guilty of a Class 6 felony.

HB 1997 Concealed handguns in "entertainment establishments."
Patron - R. Lee Ware, Jr.

Summary as introduced:
Concealed handguns in "entertainment establishments." Defines an entertainment establishment as an establishment that provides entertainment and whose sale of alcohol constitutes more than 30 per cent of total sales. The bill requires that such an establishment clearly post the fact at its entrances and removes the prohibition on taking an otherwise legally concealed handgun into a restaurant, replacing it with a prohibition on taking an otherwise legally concealed handgun into an entertainment establishment.

HB 2027 Possession of firearm by persons subject to protective orders; penalty
Patron - J. Chapman Petersen

Summary as introduced:
Possession of firearm by persons subject to protective orders; penalty. Prohibits, and punishes as a Class 1 misdemeanor, possession of a firearm by a person subject to a protective order. Currently, such a person is prohibited from transporting or purchasing a firearm or carrying a concealed handgun.

HB 2210 Sensitive Records Protection Act; penalty.
Patron - S. Chris Jones

Summary as introduced:
Sensitive Records Protection Act; penalty. Creates the Sensitive Records Protection Act, which prohibits the release of sensitive records, a defined term in the Act, notwithstanding any other provision of law to the contrary. The bill provides a penalty for violation and provides for exceptions to the general prohibition against release.

SB 771 Concealed handgun permits.
Patron - Ken T. Cuccinelli, II

Summary as introduced:
Concealed handgun permits. Provides that a valid concealed handgun permit or license issued by another state shall be valid in the Commonwealth, provided the permit holder is not a resident of Virginia and, if the permit does not include a photograph of the holder, he carries a current state or federal government-issued photo identification. Also requires that the Attorney General enter into reciprocal agreements with the states that require it for recognition of the validity of Virginia concealed handgun permits. The bill removes the requirement that the out-of-state permit holders meet Virginia requirements for issuance.

SB 939 Possession of firearms.
Patron - Charles J. Colgan

Summary as introduced:
Possession of firearms. Prohibits persons voluntarily admitted to a public mental health facility pursuant to § 37.1-65, or to a private mental health facility, from purchasing, possessing, or transporting firearms if the person is mentally ill and in need of hospitalization and presents an imminent danger to self or others as a result of mental illness. Under current law, this prohibition only applies to persons involuntarily committed. The bill also prohibits persons subject to protective orders from possessing firearms while the order is in effect. Currently, federal law prohibits such persons from possessing a firearm, but Virginia law does not codify this prohibition.

-end-
 
A real mixed bag here. There is the potential to really benefit CCW holders from the checkerboard of where to carry, where not. Kudos to Limgamfelter, Cole and Cuccinelli: all freshmen.
TC
TFL Survivor
 
One thing that has me alittle confused is the so-called "Restaurant Ban." As it stands now in Virginia, is it illegal to carry concealed in a restuarant which serves alcohol or does the law pertain to concealed carry in a bars?
 
I though that you cannot carry concealed in any establishment that sells alcohol for consumption on premises, but you can carry openly in that same establishment... as long as they don't have a no-guns sign posted (or ask you to leave).

-0-
 
You may not conceal carry in any business that is licensed to sell alcohol on its premises.

The exception is that the owners and employees of that business may carry concealed.

Open carry is allowed in the same businesses so long as they do not post a sign or ask the person to leave.

Failing to leave a property when asked by the owner or their representative can result in a trespassing charge, a misdemeanor offense.

So the effect of the law is that if you want to take the family out and conceal carry you must go to a restaurant that does not have a bar. In VA that would be Bob Evans, Cracker Barrel, and some local places. Lee Ware's bill would basically only prohibit carrying in bars and clubs, and most restaurants would have to post a sign to prohibit carrying concealed.

I'm not sure how successful this bill will be as the Restaurant Association in VA has been very adamant about the CHP prohibition. They are afraid that if they have to post a sign they will lose business or will have to remove the sign. I say let them post and then we know where not to spend our money.

edited for spelling. Send me some caffine! ;)
 
Why limit the caliber?

A .50 has NEVER been involved in any crime, from what I understand? Is the Govt of VA a little paranoid?
 
Banning the .50 rifles in Virginia is puzzling since there are few places open to the public to shoot them. This is over-simplified, but we all know you can be killed just as easily with the .308, .300, .338, and etc. James Almand and his supporters are clueless.

I'm curious as to what his justification or why he believes these rifles should be banned.
 
I'm curious as to what his justification or why he believes these rifles should be banned
Why, RoadRunner: because they're EVIL .50 cals, that's why. He heard somebody say that, so it must be true. Maroon.

FWIW, Del. Scott Lingamfelter retired from the Army , working in my office in the Pentagon, in order to run in a newly created District that includes my home. Small world. He's an honest and smart man.
TC
TFL Survivor
 
Why limit the caliber?
A .50 has NEVER been involved in any crime, from what I understand? Is the Govt of VA a little paranoid?

The VA government isn't paranoid. This is just the latest ban bill that HCI et al. are pushing throughout the US where they can find delegates etc. to propose them.

Roadrunner is correct. The only places I can think of offhand where you can shoot a 50 BMG are the NRA HQ and Quantico. Clark Bros. allowed them at one point, but I don't know if they still do or not. Other than that I guess if you own enough property you could also.

Once the banners are successful at banning calibers, then they will just work their way through them all. You eat the elephant one bite at a time. I don't own a 50 BMG rifle, but I support the right of anyone who can afford one to own it and shoot it. I wouldn't mind if they'd let me shoot it once either. :)
 
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