2009 Valentine Firearms Legislative Digest

2009 Firearms Legislative Digest HB 1338 Firearm, etc.; increases from misdemeanor to felony for brandishing. William K. Barlow Summary:

Crimes; brandishing a firearm etc. Increases from a Class 1 misdemeanor to a Class 6 felony the brandishing of any firearm or any air or gas operated weapon or any object similar in appearance. Votes: No votes in House or Senate. Status: Bill was left in House Courts of Justice Committee. ________________________________________________________________________ HB 1655/SB 1513 Firearms; award of court costs, etc., to entity that prevails in action challenging locality. Charles W. Carrico, Sr./Ralph K. Smith Summary:

Control of firearms; awards of court costs and fees. Allows a court to award reasonable attorney fees, expenses, and court costs to any entity that prevails in an action challenging an ordinance, resolution or motion as being in conflict with a locality's authority to control firearms pursuant to § 15.2-915. Attorney fees may also be awarded to the prevailing party in an action challenging an administrative action taken in bad faith as being in conflict with the section. This bill is identical to SB 1513. Votes: House Vote 2/10/09 (82-Y 16-N) Valentine: Y House Vote 2/23/09 rejecting Senate Amendment to make permissive rather than mandatory awarding of fees expenses and costs (18-Y 81-N) Valentine: N House vote 2/28/09 (84-Y 10-N) Valentine: Y Status: Bill was passed by House and Senate and signed into law by Governor Kaine. ________________________________________________________________________ HB 1656 Concealed handguns; allows faculty members at institutions of higher education to carry on campus. Robert G. Marshall Summary:

Votes: Status:

Possession of concealed handguns by faculty members at state institutions of higher education. Allows full-time faculty members of state institutions of higher education who possess a valid Virginia concealed handgun permit to carry a concealed handgun on campus. No votes in House or Senate. Bill was left in House Militia, Police and Public Safety Committee.

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________________________________________________________________________ HB 1734 Concealed handgun permits; amends various processes, procedures, and requirements for obtaining. Brenda L. Pogge Summary:

Concealed handgun permits. Amends various processes, procedures, and requirements for obtaining a Virginia concealed handgun permit. The bill allows permit applications to be submitted and returned by mail, and specifies that the court may not require any additional information with a permit application other than what is required or authorized by § 18.2-308. If a current permit holder wishes to obtain a replacement permit indicating a change of address, the permit holder is no longer required to provide proof of the new address. The bill allows a court to consider only specific acts of the applicant within the immediately preceding three-year period to determine if the applicant is disqualified from obtaining a permit because the applicant is likely to use a weapon unlawfully or negligently. If the court finds that a person is disqualified from obtaining a permit, it must include the specific Code section that is the basis for the denial. Finally, the bill adds special conservators of the peace to the definition of a "law-enforcement officer" for purposes of § 18.2-308, thereby allowing special conservators of the peace to carry a concealed handgun anywhere in the Commonwealth without a permit, and exempting special conservators of the peace from limitations placed on concealed handgun permit holders, including carrying concealed handguns in restaurants that serve alcohol and carrying handguns on elementary, middle, and high school property.

Votes:

No votes in House or Senate

Status:

Bill was left in House Militia, Police and Public Safety Committee.

________________________________________________________________________ HB 1741 Firearms; possession or transportation thereof by persons under the age of 18, penalty. Brenda L. Pogge Summary:

Votes:

Criminal law; possession or transportation of certain firearms by persons under the age of 18; penalty. Increases from a Class 1 misdemeanor to a Class 6 felony the possession or transportation of certain firearms by persons under the age of 18. No votes in House or Senate.

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Status:

Bill was stricken from docket by House Militia, Police and Public Safety Committee. ________________________________________________________________________ HB 1748 Concealed handgun permit; no requirement for fingerprinting if previously issued permit. Brenda L. Pogge Summary:

Concealed handgun permit; fingerprints. Clarifies that no locality may require a person who has previously been issued a concealed handgun permit in the Commonwealth to submit to fingerprinting for a new permit. Votes: No votes in House or Senate. Status: Bill was stricken from docket by House Militia, Police and Public Safety Committee. ________________________________________________________________________ HB 1821 Concealed handguns; prohibited from carrying onto premises of restaurants and consuming alcohol. Joseph P. Johnson, Jr. Summary:

Concealed handguns; restaurants; penalty. Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of a restaurant or club shall inform a designated employee of the restaurant or club of that fact. A person who consumes alcohol in violation of the provisions of the bill is guilty of a Class 2 misdemeanor and a person who becomes intoxicated in violation of the provisions of the bill is guilty of a Class 1 misdemeanor. Votes: No votes in House or Senate. Status: Bill was left in House Militia, Police and Public Safety Committee. ________________________________________________________________________ HB 1822 Handguns; exempts permit holders from prohibition against carrying onto school property. Joseph P. Johnson, Jr. Summary:

Votes: Status:

Possession of handguns on school property; concealed handgun permittees. Exempts concealed handgun permit holders from the prohibition against carrying handguns onto the property of a public, private, or religious elementary, middle, or high school. No votes in House or Senate. Bill was left in House Militia, Police and Public Safety Committee.

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________________________________________________________________________ HB 1851 Firearms; purchase by members of United States Armed Forces or Virginia National Guard. L. Scott Lingamfelter Summary:

Purchase of firearms by members of the United States Armed Forces. Allows active duty service members of the United States Armed Forces or the Virginia National Guard to purchase more than one handgun within a 30-day period. The bill has a delayed effective date of January 1, 2010. Votes: House Vote 2/10/09 (86-Y 13-N) Valentine: Y House Vote 4/08/09 Override Governor’s Veto (73-Y 26-N) Valentine: Y Status: Bill was passed by House and Senate but Governor Kaine vetoed the bill. The House overrode Governor Kaine’s veto but the Senate sustained the veto. _______________________________________________________________________ HB 1910 Firearms; localities may adopt ordinance prohibiting thereof in libraries owned by locality. Mamye E. BaCote Summary:

Control of firearms; libraries. Provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof in libraries owned or operated by the locality. Votes: No votes in House or Senate. Status: Bill was left in House Militia, Police and Public Safety Committee. ________________________________________________________________________ HB 2004 Firearm silencer; shifts burden of proof that firearm is registered from State to defendant. Anne B. Crockett-Stark Summary:

Affirmative defense that silencer is registered. Shifts the burden of proof that a firearm silencer is registered or not from the Commonwealth to the defendant. Possession of an unregistered firearm silencer is unlawful, a Class 6 felony. Votes: No votes in House or Senate. Status: Bill was stricken from docket by House Militia, Police and Public Safety Committee. ________________________________________________________________________ HB 2042 Handguns; allows retiring law-enforcement officer of State Lottery Department to purchase. Thomas D. Gear Summary:

Votes:

Purchase of handguns of certain officers. Allows a retiring law enforcement officer of the State Lottery Department to purchase his handgun for $1 House vote 1/28/09 (94-Y 3-N) Valentine: Y

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Status:

Bill was passed by House and Senate and was signed into law by Governor Kaine. ________________________________________________________________________ HB 2144 Concealed handgun permit applications; access to personal information. David A. Nutter Summary:

Concealed handgun permits; access to permittee information. Protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network. However, the information would still be available to law-enforcement agencies, officers, and agents in the course of law-enforcement duties, and nonidentifying statistical information would be available to the general public. Votes: House Vote 2/10/09 (98-Y 0-N) Valentine: Y House Vote 2/10/09 (99-Y 0-N) Valentine: Y Status: Bill was passed by House and Senate and signed into law by Governor Kaine. ________________________________________________________________________ HB 2178 Possession of ammunition by convicted felons; prohibited. Edward T. Scott Summary:

Possession of ammunition by convicted felons; penalty. Prohibits a convicted felon from possessing ammunition for a firearm and adds a definition of ammunition. A violation is a Class 6 felony. Votes: House vote 2/10/09 (64-Y 34-N) Valentine: Y House vote 2/26/09 (74-Y 22-N) Valentine: Y Status: Bill was passed by House and Senate and signed by Governor Kaine into law. ________________________________________________________________________ HB 2318 Firearms; any person who sells three or more firearms at show be licensed as a firearms dealer. Joseph D. Morrissey Summary:

Votes: Status:

Sale of firearms at firearms shows. Requires any person who has a fixed location at a firearms show to display and sell firearms and any person who sells three or more firearms at a firearms show, regardless of whether he has a fixed location, to be licensed as a Virginia firearms dealer. No votes in House or Senate. Bill was left in House Militia, Police and Public Safety Committee.

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________________________________________________________________________ HB 2528 Disposition of firearms; no participation in program if individuals are given valuable in exchange. Mark L. Cole Summary:

Disposition of firearms. Provides that no locality may participate in any program in which individuals are given a thing of value in exchange for surrendering a firearm to the locality unless the governing body of the locality has enacted an ordinance authorizing the participation of the locality. The ordinance shall require that such firearms shall be sold by public auction, or sealed bids, to a person licensed as a dealer or be disposed of in any other appropriate manner. Votes: House vote 2/10/09 (64-Y 33-N) Valentine: N House vote with amendment to allow discretion in disposal of surrendered firearms 2/26/09 (85-Y 11-N) Valentine: Y House override of governor’s veto 4/08/09 (71-Y 28-N) Valentine: N Status: Bill was passed by House and Senate but Governor Kaine vetoed the bill. The House overrode Governor Kaine’s veto but the Senate sustained the veto. ________________________________________________________________________ HB 2631 Firearms show; Fairfax County may require criminal history record information from promoter thereof. C. Charles Caputo Summary:

Firearms show in Fairfax County; criminal history record information request. Provides that Fairfax County may by ordinance require the promoter of any show held in Fairfax County to make available to all vendors or exhibitors at a firearms show at least one location on the premises where the vendor or exhibitor shall conduct criminal history record information requests for the sale of firearms. Votes: No votes in House or Senate. Status: Bill left in House Militia, Police and Public Safety Committee. ________________________________________________________________________ SB 832 Firearms; possessing or carrying dangerous weapon in public buildings during official meetings. Mamie E. Locke Summary:

Votes: Status:

Control of firearms; possessing or carrying a dangerous weapon in public buildings during official meetings of the governing body. Provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof in community or recreation centers, administrative buildings, or public libraries owned or operated by the locality during an official meeting of the governing body. No votes in House or full Senate. Bill was defeated in Senate Local Government Committee.

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________________________________________________________________________ SB 877 Law-enforcement officers, retired; meets training and qualification standards to carry weapon. Stephen H. Martin Summary:

Carrying concealed weapons; retired law-enforcement officers. Allows retired law-enforcement officers who are qualified under federal law to carry concealed firearms to carry a concealed handgun into a restaurant that serves alcohol. Votes: House vote 2/24/09 (84-Y 15-N) Valentine: Y House vote to override governor’s veto 4/8/09 (76-Y 22-N) Valentine: Y Status: Bill was passed by the Senate and House but Governor Kaine vetoed the bill. The Senate and House overrode Governor Kaine’s veto and the bill became law. ________________________________________________________________________ SB 1035 Concealed handguns; prohibited in restaurants, etc when consuming alcohol. Emmett W. Hanger, Jr. Summary:

Concealed handguns; restaurants; penalty. Allows a person with a concealed handgun permit to carry a concealed handgun onto the premises of a restaurant or club and prohibits such person from consuming alcoholic beverages while on the premises. A person who consumes alcohol in violation of the provisions of the bill is guilty of a Class 2 misdemeanor and a person who becomes intoxicated in violation of the provisions of the bill is guilty of a Class 1 misdemeanor. Votes: House voted 2/24/09 (65-Y 32-N) Valentine: Y House voted 2/24/09 Passage #2 (66-Y 33-N) Valentine: Y Status: Bill was passed by the House and Senate but Governor Kaine vetoed the bill. The Senate sustained the Governor’s veto. ________________________________________________________________________ SB 1053 Government facilities; local government may by ordinance, make unlawful to possess dangerous weapon. Mary Margaret Whipple Summary:

Votes: Status:

Dangerous weapons in government facilities. Provides that the governing body of any locality may, by ordinance, make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any facility that is owned or leased by that locality and used by it for governmental purposes. No votes in House or full Senate. Bill was defeated in Senate Local Government Committee.

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________________________________________________________________________ SB 1166 Firearms; increases fee paid to dealers for criminal history record information checks. John C. Watkins Summary:

Criminal records check; purchase of firearms. Increases the fee paid to firearms dealers for criminal history record information checks from $2 to $5 for Virginians and from $5 to $8 for persons living out-of-state. The bill also provides that data and forms submitted to and maintained by the Department of State Police for such criminal history checks and purchases may not be inspected by the public. Votes: Bill was passed by Senate but did not come before full House for a vote. Status: Bill was left in House Committee on Militia, Police and Public Safety. ________________________________________________________________________ SB 1254 Concealed handguns; when permit from reciprocal State, person shall carry permit at all times. Henry L. Marsh III Summary:

Concealed handgun permits. Makes changes to the procedures governing the application for a concealed handgun permit and the carrying of a concealed handgun in the Commonwealth. The bill provides that a conviction from another state for driving while intoxicated or for drunkenness in public disqualifies an individual from obtaining a concealed handgun permit. The bill also requires that a nonresident carrying a concealed handgun in the Commonwealth with either a reciprocal permit from another state or a Commonwealth-issued nonresident permit display photo identification along with the permit, upon request of a law-enforcement officer. Votes: Bill was passed by Senate but did not come before full House for a vote. Status: Bill was tabled in the House Courts of Justice Committee. ________________________________________________________________________ SB 1257 Firearms; criminal records check performed at a gun show before vendor may transfer. Henry L. Marsh III Summary:

Votes: Status:

Transfer of firearms; criminal records check; penalties. 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. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check. No votes in the House. Bill was defeated in the Senate.

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________________________________________________________________________ SB 1383 Firearm silencer; repeals provision that makes it a Class 6 felony to possess if not registered. Kenneth W. Stolle Summary:

Firearm silencers. Repeals the provision that makes it a Class 6 felony to possess a firearm muffler or silencer that is not registered in the National Firearms Registration and Transfer Record. Votes: House vote 2/24/09 (99-Y O-N) Valentine: Y Status: Bill was passed by the Senate and House and signed into law by Governor Kaine. ________________________________________________________________________ SB 1385 Firearms shows; state police presence. Kenneth W. Stolle Summary:

Firearms shows; state police presence. Requires the promoter of a firearms show to arrange and pay for a law-enforcement officer from the Department of State Police to be present at all times during a firearms show. Also allows the Superintendent of State Police to enter into agreements with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives whereby law-enforcement officers with the Department of State Police may be granted federal law-enforcement authority for the purposes of enforcing firearms laws of the United States. Votes: No votes in the House or full Senate. Status: Bill was left in Senate Committee on Courts of Justice. ________________________________________________________________________ SB 1396 Purchase of service handgun; certain law-enforcement officers to purchase their handgun. Thomas K. Norment, Jr. Summary:

Purchase of service handgun. Allows a designated law-enforcement officer to purchase his service handgun for $1 if he is receiving disability payments for a service-incurred disability with no expectation of returning to his former employment. Votes: House vote 2/24/09 (99-Y 0-N) Valentine: Y Status: Bill was passed by the Senate and House and signed into law by Governor Kaine. ________________________________________________________________________ SB 1528 Concealed handgun permits; completion of firearms training, etc., may be done electronically. Ken T. Cuccinelli, II Summary:

Concealed handgun permits; handgun competence demonstration. Provides that the completion of a firearms training or safety course conducted by a state-certified or National Rifle Association-certified firearms instructor may be done electronically or on-line.

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Votes:

House vote 2/24/09 (99-Y 0-N) Valentine: Y House vote to override governor’s veto 4/8/09 (73-Y 23-N) Valentine: Y Status: Bill was passed by the Senate and House but Governor Kaine vetoed the bill. The House and Senate overrode the governor’s veto and the bill became law. ________________________________________________________________________

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