The first batch of new gun laws

[VBshooter]

Got this email from VCDL showing the first batch of gun laws being submitted in the assembly..Not very impressive IMHO ,,,But it's early and they will get better,tis year is an election year for the House and Senate in VA's General assembly so the pickins should be good this year,,,,,,,,We need to take the Senate back from the pukes that have been running it with their own rules and total disrespect for us or our gun rights with such things as phony committees and loaded committees that don;t even have the courtesy to discuss a bill before they throw it under the bus,,,,, Let's show tham we haven;t forgotten that stunt and that Payback is indeed a bitch!!

The new batch for consideration;;

The first batch of gun bills is now on the Virginia General Assembly Legislative Services web site. This is the tip of the iceberg and we can expect many more to arrive later this week once the General Assembly is actually in session. As a result I will send updates during the week on the additional bills as they arrive.

Here are the bills that VCDL is currently watching, what they do, and whether we support or oppose them. Some House Republicans and some Senate Democrats have come out swinging for our gun rights. With an election of both House and Senate coming this November, this could be an interesting session:

HB 305 - Delegate Nutter - allows a person who has a CHP or who has current or retired military officer identification and who is purchasing an 'assault weapon' to be exempt from needing to prove citizenship (with a birth certificate, voter registration, passport, etc.) - VCDL Strongly Supports this bill

HB 1411 - Delegate Wilt - limits the penalty for reckless handling of a firearm while hunting or trapping to a maximum of five years of prohibition from carrying while hunting/trapping, down from the current one year to LIFE prohibition. However, if the person then hunts during the prohibition period, they can be prohibited from carrying while hunting/trapping for one year to life, up from the current one to five additional years - VCDL Supports this bill

HB 1422 - Delegate Albo - allows a person to keep one firearm of no more than $3,000 in value if they are subject to a creditor process (updates Virginia's Homestead laws) - VCDL Supports this bill

HB 1471 - Delegate Cole- allows a person to keep one firearm for household use if they are subject to a creditor process (updates Virginia's Homestead laws) - VCDL Strongly Supports this bill

HB 1552 - Delegate Cox, J. A. - specifies that the Circuit Court Clerk is to mail a certified concealed handgun permit application to serve as a temporary concealed handgun permit within 5 days of the expiration of the maximum 45-day application processing period - VCDL Strongly Supports this bill

SB 754 - Senator Reynolds - is an improvement to current law dealing with abuse-based protective orders, which restrict purchase or transport of firearms. The bill would make such restrictions only after an ACTUAL FINDING of abuse (not just an accusation). However, the bill should be changed to require that the finding of abuse be made at an adjudicatory hearing (so that the order cannot be made "ex parte") - VCDL Supports, but would Strongly Support with suggested change

SB 755 - Senator Reynolds - allows someone who has had mental health treatment or substance abuse treatment in a residential setting to petition the Court for restoration of a CHP before the current five year waiting period has expired - VCDL Strongly Supports this bill

SB 757 - Senator Reynolds - allows someone on private property to be able to discharge an air gun as long as they have permission from the property owner to do so and reasonable care is taken to ensure the projectile does not cross the bounds of the property. Any local ordinances to the contrary, such as Fairfax County has, would be preempted - VCDL Strongly Supports this bill

SB 758 - Senator Reynolds - is an improvement to current law dealing with abuse-based and neglect-based protective orders, which restrict purchase or transport of firearms. The bill would make such restrictions only after an actual finding of both abuse AND neglect (not just an accusation). However, it should be changed to require that the finding of abuse and neglect be made at an adjudicatory hearing (so that the order cannot be made "ex parte") - VCDL Supports, but would Strongly Support with suggested change

SB 839 - Senator Petersen - allows a person to keep one firearm for household use if they are subject to a creditor process (updates Virginia's Homestead laws) - VCDL Strongly Supports this bill

SB 850 - Senator Petersen - allows a person to hunt on Sundays - VCDL Strongly Supports this bill

SJ 307 - Senator McEachen - Senate Joint Resolution which resolves that a Virginia Constitutional Amendment be made that allows NON-VIOLENT felons to get their voting rights back, BUT NOT THEIR FIREARMS RIGHTS BACK, upon completion of their sentence. VCDL Opposes this resolution as introduced because it specifically denies someone their Second Amendment rights, but would Strongly Support it if firearms rights would be restored, too

[zephyp]

Does anyone know if VCDL is lobbying for a Castle Doctrine this year? That would be nice...I think that is much higher priority than many of these...

[Vahunter]

Does anyone know if VCDL is lobbying for a Castle Doctrine this year? That would be nice...I think that is much higher priority than many of these...

I already have one.

[VBshooter]

As noted these are just the start of the new ones.... There will be many more to follow and I am very sure the Castle Doctrine along with the Civil suit exemption will be submitted..... What will suck is if the same group of idiots gets to repeat the made up rules and committees secenario ,We all need to remember that this year is an election year in the Assembly ,,,,Let/s get rid of the losers for good and hopefully our agenda goals will be realized

[t33j]

Does anyone know if VCDL is lobbying for a Castle Doctrine this year? That would be nice...I think that is much higher priority than many of these...

http://forum.opencarry.org/forums/showt ... post897158

http://forum.opencarry.org/forums/showt ... ost1116834

http://forum.opencarry.org/forums/showt ... ost1116106

[zephyp]

Does anyone know if VCDL is lobbying for a Castle Doctrine this year? That would be nice...I think that is much higher priority than many of these...

http://forum.opencarry.org/forums/showt ... post897158

http://forum.opencarry.org/forums/showt ... ost1116834

http://forum.opencarry.org/forums/showt ... ost1116106

I dont care to rest assured on the subject of Castle Doctrine based on a discussion forum exchange or case law. If such law exists within current VA code please provide a cite...whether it be common law or otherwise.

We all know how difficult dealing with a clear law on the books can be. We discuss that here daily. When its vague and murky and only found in places like "common" law and case precedents it makes it much more difficult. Not to mention the discussion mentions nothing about immunity from civil prosecution.

[VBshooter]

Those posts were from a year ago,, The bills will come as the grab ass of give and take is played out in the political sand box these guys sit in.. what we don;t need is pinheads like Lucas and other social vermin submitting little chicken shi7 bills to take away rights that the Reps fall all over themselves to pass in an attempt to look like they are working...Last year she decided that although VA law had stood for years ,it was time to include other states in ours to bone people out of a CHP under certain circumstances.... Additionally we cannot stand for the Death Panel that got shoved down our throats while all the Reps and the Governor could say was; "Oh Well" and left it at that...... if those bills had passed we would be in much better shape than we are now having to fight these same battles over again..We;d have our Castle Doctrine and exemption from lawsuits. The families of the recipient of a .45 caliber self defense gift would have to just plant em and go about their business instead of trying to get rich off the person(s) who defended themselves. One POS left hanging from last session has reared its ugly little head in the form of " Closing The Loophole " ..When they say continued that means we get to screw with this garbage again instead of making progress. Should be a fun session ,,,,And remember folks ....It's an electon year in VA

[WRW]

re: SJ 307

Paid his/her debt to society is not quite accurate. I'd rather the law remain as is...no vote and no weapons for those convicted. Non-violent does not mean that society is none the worse.

[gunderwood]

re: SJ 307

Paid his/her debt to society is not quite accurate. I'd rather the law remain as is...no vote and no weapons for those convicted. Non-violent does not mean that society is none the worse.

Everything is practically a felony these days.

[Paliden]

HERE A VERY CURRENT ARTICLE, They are coming out of the woodwork right now. I listen in a few far left wing radical site to hear what goes on, just like the lefts on here do. It's a modern spy game internet style. Anyway the hate talk is at an all time high and the call for violence is higher than normal. Here's an article about one of our fieriest opponents. She ran for revenge only.

One of the fiercest gun-control advocates in Congress, Rep. Carolyn McCarthy (D-N.Y.), pounced on the shooting massacre in Tucson Sunday, promising to introduce legislation as soon as Monday targeting the high-capacity ammunition the gunman used.

McCarthy ran for Congress after her husband was gunned down and her son seriously injured in a shooting in 1993 on a Long Island commuter train.



“My staff is working on looking at the different legislation fixes that we might be able to do and we might be able to introduce as early as tomorrow,” McCarthy told POLITICO in a Sunday afternoon phone interview.

Gun control activists cried it was time to reform weapons laws in the United States, almost immediately after a gunman killed six and injured 14 more, including Rep. Gabrielle Giffords, in Arizona on Saturday.

Many said that people with a history of mental instability, like the alleged shooter, Jared Lee Loughner, should not be able to buy a gun — and no one should be able to buy stockpiles of ammunition used by the 22-year-old assailant.

McCarthy said she plans to confer with House Speaker John Boehner and Minority Leader Nancy Pelosi to see “if we can work something through” in the coming week.

McCarthy’s spokesman confirmed the legislation will target the high-capacity ammunition clips the Arizona gunman allegedly used in the shooting, but neither he or the congresswoman offered any further details.

“Again, we need to look at how this is going to work, to protect people, certainly citizens, and we have to look at what I can pass,” McCarthy said. “I don’t want to give the NRA – excuse the pun – the ammunition to come at me either.”

Pennsylvania Rep. Robert Brady, a Democrat from Philadelphia, told CNN that he also plans to take legislative action. He will introduce a bill that would make it a crime for anyone to use language or symbols that could be seen as threatening or violent against a federal official, including a member of Congress.

Notice the first thing she wants to remove? Now who does NOT have any?
Get ready folks

[WRW]

@gunderwood:
Good point. IF that's the real concern here then we, as a State and a Nation, should address that point specifically by looking into what makes the crime worthy of felony status and adjusting accordingly.

[wrt81]

Per an e-mail from the NRA mailing list it looks like there will be a Castle Doctrine attempt again this year:

"HB 1573 and SB 876: Sponsored by Delegate Bill Cleaveland (R-17) and Senator Richard Stuart (R-28), HB 1573 and SB 876 would seek to codify a version of “Castle Doctrine” which would allow lawful occupants of a dwelling to use any degree of physical force including deadly force against an intruder who has committed an overt act against him without the fear of civil liability. The NRA worked with Senator Stuart on SB 876 and Delegate Cleaveland on HB 1573."

Text of HB1573: http://lis.virginia.gov/cgi-bin/legp604 ... ful+HB1573

Text of SB876: http://lis.virginia.gov/cgi-bin/legp604 ... +ful+SB876

[VBshooter]

Now we just need one thta exempts lawsuits everywhere else one could be at any given time or place

[gunderwood]

@gunderwood:
Good point. IF that's the real concern here then we, as a State and a Nation, should address that point specifically by looking into what makes the crime worthy of felony status and adjusting accordingly.

Agreed. That is definitely the preferred solution. IMHO, there shouldn't be any such thing as a non-violent felony. That doesn't mean that negligence which leads to harming another citizen (say manslaughter) gets off light, etc. Rather that unless you purposefully harm another citizen rape, murder, kidnap, etc. I don't see the reason you can't fully reintegrate into society with all your rights after you have paid your debt. The purpose of loosing your rights after committing a certain crime (felony) is that you are undeserving or incapable of full reintegration. IMHO, only purposeful acts intended to harm another person qualify for that kind of punishment.

[Jakeiscrazy]

From VCDL on Castle Doctrine:
CASTLE DOCTRINE BILL

I know that having a Castle Doctrine bill is high on the agenda for many of you. I looked at getting one introduced this year, but in my discussions with the Senator I was asking to introduce the bill, it was pointed out to me that there no glaring issue with needing civil immunity after having to use deadly force to defend yourself in Virginia.

Virginia case law and common law are already clear that you can stand your ground anywhere you are, no need to retreat. However, if you are part of the "problem" (somehow encouraged a confrontation), then you would need to retreat and could defend yourself if then cornered and after indicating your intent to give up the fight.

For civil law, you would most likely win in court as well. Lawyers who would file a suit against someone who defended themselves would almost always do so on "contingency." That is the lawyer would get paid only based on him winning the case. Since the odds of winning such a civil case are almost nil, lawyers don't even take on such cases, since they know they would never get paid.

Codifying current case law and current common law on self defense would be tricky. One would have to be careful to not somehow take away protections we currently enjoy. VCDL may attempt to put in such a bill at some point, but not this year. That is not to say that someone else might not put in such a bill this year, since bills will continue to be introduced for another week or so.


Also from the email:
WITHDRAWN BILL

This following bill is DEAD. It was actually carried over from last year and Delegate Nutter said he's not sure why it showed up as active this year:

HB 995 - Delegate Nutter - allows a person who has a CHP or who has current or retired military officer identification and who is purchasing an 'assault weapon' to be exempt from needing to prove citizenship (with a birth certificate, voter registration, passport, etc.) - bill has been WITHDRAWN


NEW BILLS

HB 1731 - Delegate Carrico - any gun manufactured in Virginia and sold to a Virginia resident in Virginia is not subject to any federal regulation. This bill was also introduced last year - VCDL Strongly Supports this bill

HB 1732 - Delegate Carrico - Virginia would recognize the carry permits from all other states (full recognition). This is the first VCDL requested bill to hit. - VCDL Strongly Supports this bill

HB 1777 - Delegate Gilbert - cleans up some wording dealing with penalty for faking a birth certificate to obtain a gun illegally - VCDL is NEUTRAL on this bill

HB 1779 - Delegate Gilbert - is an improvement to current law dealing with abuse-based protective orders, which restrict purchase or transport of firearms. The bill would make such restrictions only after an ACTUAL FINDING of abuse (not just an accusation). However, the bill should be changed to require that the finding of abuse be made at an adjudicatory hearing (so that the order cannot be made "ex parte") - VCDL Supports, but would Strongly Support with suggested change

HB 1813 - Delegate Hope - bans the carry of firearms in any building owned or used by the General Assembly. Guns would have to be checked into storage at the door. And, surprise, surprise, the General Assembly members would be EXEMPT! - VCDL Strongly Opposes this bill

HB 1856 - Delegate Anderson - clarifies that the Circuit Court Clerk is to replace a lost or stolen permit within five days of getting a notarized statement of the loss for a fee of $5 - VCDL Strongly Support this bill

HB 1857 - Delegate Anderson - clarifies that someone with permanent orders to a Pentagon duty post can use their ID as photo-identification to purchase a firearm in Virginia - VCDL Supports this bill

HB 1889 - Delegate WIlt - deals with retrieving certain wounded animals while hunting using tracking dogs and while armed with a gun - VCDL is Neutral on this bill

LOBBY DAY - NO CHANGES - CHP HOLDERS CAN CARRY AS USUAL

In the wake of the Arizona massacre, I contacted the Capitol Police and confirmed that it will be business as usual at the General Assembly this year - CHP holders can carry.


BE THERE MONDAY TO PROTECT OUR RIGHTS!

With Delegate Hope wanting to ban guns at the Capitol, Delegate McClellan wanting to destroy gun shows, and Delegate BaCote wanting to ban guns in libraries, I again urge you to come to Lobby Day and help us make sure all these bills die and all the good bills make it into law.

[WRW]

@gunderwood:
Good point. IF that's the real concern here then we, as a State and a Nation, should address that point specifically by looking into what makes the crime worthy of felony status and adjusting accordingly.

Agreed. That is definitely the preferred solution. IMHO, there shouldn't be any such thing as a non-violent felony. That doesn't mean that negligence which leads to harming another citizen (say manslaughter) gets off light, etc. Rather that unless you purposefully harm another citizen rape, murder, kidnap, etc. I don't see the reason you can't fully reintegrate into society with all your rights after you have paid your debt. The purpose of loosing your rights after committing a certain crime (felony) is that you are undeserving or incapable of full reintegration. IMHO, only purposeful acts intended to harm another person qualify for that kind of punishment.

Here we differ. One may serve his/her time, but I don't believe they ever "pay their debt". The losses to the victims are seldom reimbursed, if insurance is involved then all in the pool lose through higher premiums, identity theft can cause years of vexation to the victims, and the list goes on. The havoc wreaked on society can be substantial.

And, yes, felony charges in the case of ruinous fraud, embezzelment, etc.(white collar crimes) is justifiable as a punitive measure IMHO.

[Yarddawg]

From VCDL on Castle Doctrine:
CASTLE DOCTRINE BILL

I know that having a Castle Doctrine bill is high on the agenda for many of you. I looked at getting one introduced this year, but in my discussions with the Senator I was asking to introduce the bill, it was pointed out to me that there no glaring issue with needing civil immunity after having to use deadly force to defend yourself in Virginia.

Virginia case law and common law are already clear that you can stand your ground anywhere you are, no need to retreat. However, if you are part of the "problem" (somehow encouraged a confrontation), then you would need to retreat and could defend yourself if then cornered and after indicating your intent to give up the fight.

For civil law, you would most likely win in court as well. Lawyers who would file a suit against someone who defended themselves would almost always do so on "contingency." That is the lawyer would get paid only based on him winning the case. Since the odds of winning such a civil case are almost nil, lawyers don't even take on such cases, since they know they would never get paid.

Codifying current case law and current common law on self defense would be tricky. One would have to be careful to not somehow take away protections we currently enjoy. VCDL may attempt to put in such a bill at some point, but not this year. That is not to say that someone else might not put in such a bill this year, since bills will continue to be introduced for another week or so.

I can see it now..."Your Honor, Ladies and Gentlemen of the jury, my client should be cleared of all charges against them because they have a newsletter from the VCDL that says they will win this case." Yeah, right, I'm sure that will fly!

[WRW]

From VCDL on Castle Doctrine:
CASTLE DOCTRINE BILL

I know that having a Castle Doctrine bill is high on the agenda for many of you. I looked at getting one introduced this year, but in my discussions with the Senator I was asking to introduce the bill, it was pointed out to me that there no glaring issue with needing civil immunity after having to use deadly force to defend yourself in Virginia.

Virginia case law and common law are already clear that you can stand your ground anywhere you are, no need to retreat. However, if you are part of the "problem" (somehow encouraged a confrontation), then you would need to retreat and could defend yourself if then cornered and after indicating your intent to give up the fight.

For civil law, you would most likely win in court as well. Lawyers who would file a suit against someone who defended themselves would almost always do so on "contingency." That is the lawyer would get paid only based on him winning the case. Since the odds of winning such a civil case are almost nil, lawyers don't even take on such cases, since they know they would never get paid.

Codifying current case law and current common law on self defense would be tricky. One would have to be careful to not somehow take away protections we currently enjoy. VCDL may attempt to put in such a bill at some point, but not this year. That is not to say that someone else might not put in such a bill this year, since bills will continue to be introduced for another week or so.

I can see it now..."Your Honor, Ladies and Gentlemen of the jury, my client should be cleared of all charges against them because they have a newsletter from the VCDL that says they will win this case." Yeah, right, I'm sure that will fly!

If that was the best lawyer I could find, I'd defend myself.

[Eutaw]

Having just graduated college, this is the stuff I haven't been hearing. Stuff I need to know. Anything I can do, or individuals can do to push for castle doctrine other than vote? Its something i'd like to see happen for us.

[ Post made via Mobile Device ]

[Jakeiscrazy]

Having just graduated college, this is the stuff I haven't been hearing. Stuff I need to know. Anything I can do, or individuals can do to push for castle doctrine other than vote? Its something i'd like to see happen for us.

[ Post made via Mobile Device ]

Email your Reps. As far as helping the 2A community overall. First off be a good representative, be respectful, safe, don't break the law, ect. Become an NRA member, and VCDL member(despite the fact I have neglected to do that myself), talk to your friends about their rights, take them shooting if they are willing(safely and nicely, don't hand them a 12G to see their faces when it nails their shoulder), and email your Reps both state and national, and of course vote them out if they don't vote the way you want. *Warning some people pro-2A guy don't like the NRA and/or VCDL for various reason most of them silly IMHO. You can look into that yourself.*