From VCDL President to VCDL Members:
Be advised - once more - that these laws are effective JULY 1, 2005.
We are still working on the restaurant ban of concealed carry.
Thanks to all who worked on this year's legislation: citizens, legislators, and Governor Mark Warner.
-AndyB
.
Ladies and Gentlemen,
Your hard work and persistence have paid off, with Virginia law
taking several important steps forward and only a small baby-step
back! Governor Warner has signed all the remaining gun bills that
VCDL was watching - including both bills put in at VCDL's behalf!
CAUTION: These bills do not become law until July 1st. Until then,
the current law applies.
Here is a detailed description of these bills. Also, there are three
action items at the end of the alert. I am NOT a lawyer - these are
my lay understanding of what these bills do:
--
HB 2535, carried for VCDL by Delegate Riley E. Ingram, who represents
the Hopewell area: This bill allows a person with a concealed
handgun permit to have a concealed, loaded, handgun in the vehicle in
a school parking lot, traffic circle, etc. It also clarifies that
firearms cannot be banned from property where a school function is
being held UNLESS the property is being used EXCLUSIVELY for that
school function.
Details: There are two key concepts in this bill. First, the
handgun can be loaded but it MUST be CONCEALED and remain concealed
in the vehicle while on school property and you must have a CHP. If
you are going to get out of the vehicle, the gun MUST be left in the
car CONCEALED. Once you are on school property you cannot put the
gun in the trunk, because as soon as you step out of the car with the
gun you would be in violation of the law (a FELONY). If you plan on
getting out of the car, you might consider concealing the handgun
before you arrive at the school by putting the handgun in the glove
box, console, under the seat, etc. Remember these two things and you
should be OK: the handgun is CONCEALED at all times and the handgun
NEVER leaves the vehicle with you.
Second, if you are at a public location and a school function arrives
(like a school bus stopping at McDonald's), you can have a firearm in
your possession as long as the public location is not being used
EXCLUSIVELY for a school function. Under current law you are in
violation of the law as soon as those kids and their teacher walk
into your location. This new change applies to all gun owners, with
or without a CHP.
--
HB 1915, carried for VCDL by Delegate Mark L. Cole, who represents
the Spotsylvania/Fredericksburg area: Current wording of 18.2-287.4
seems to imply that you cannot carry a loaded firearm where the
population is over 160,000. Only at the end does it happen to
describe the firearms actually prohibited as those commonly viewed as
"assault weapons," e.g., have magazines that can hold over 20 rounds,
has a folding stock or designed to accommodate a suppressor, etc..
Because of the confusing ordering of paragraphs, several citizens
have been falsely arrested or harassed for carrying typical
self-defense handguns. Police, judges, magistrates, city attorneys
have misread the current version of this law!
While VCDL has always opposed the restrictions in current law, HB
1915 not only clarifies it to preclude future harassment and/or false
arrest of citizens, but now also exempts concealed handgun permit
holders from it entirely! Shooting ranges are also exempted.
Details: If you do NOT have a CHP, then if you are in a public area
in a city with a population exceeding 160,000 (like Richmond,
Virginia Beach, etc.) or a county having an urban county executive
form of government (like Fairfax) or in a city or county that is
surrounded by or adjacent to such a county (like Falls Church), you
CANNOT possess:
1. A LOADED semi-automatic CENTER-FIRE rifle or pistol that has a
magazine in it that will hold MORE than 20 rounds at the time of the
offense or
2. A LOADED semi-automatic CENTER-FIRE rifle or pistol that was
designed by the manufacturer to accommodate a silencer (suppressor,
more correctly) or
3. A LOADED semi-automatic CENTER-FIRE rifle or pistol that has a
folding stock or
4. A LOADED shotgun with a magazine that will hold more than 7
rounds of the longest ammunition for which it is chambered
NOTE: Items 1 and 4 do not require you have the maximum number of
bullets in the magazine. The magazine, as long as it is in the gun,
can be empty and you could still be charged. Item 2 does not require
that the suppressor be on the gun for there to be a violation.
CHP holders - don't worry about any of it ;-)
--
HB 1917, Delegate Mark L. Cole: This bill says that just because you
are in an area where you COULD be hunting on a Sunday and possess a
weapon, you shall NOT be presumed to be hunting. YES! Delegate Cole
has a firm grip on that 'freedom' thing. It should ALWAYS be up to
the state to PROVE that you have violated the law - in this case by
actually hunting. Sure, the police might have to work harder, but
that is their job. I want my freedom and presumed innocence
protected.
--
HB 2282, Delegate William R. Janis, who represents part of Henrico
and surrounding areas: This bill increases protection of new
shooting ranges by stating that the noise standards for the locality
that were in place at the time the application for the range was
submitted shall apply to that range from the application time forward.
--
HB 2928, Delegate Thomas C. Wright, Jr., who represents the area
around Victoria: This bill requires that before an individual is
denied a CHP by a statement from a Sheriff, chief of police, or
Commonwealth attorney or other 'competent person', there MUST be a
specific act or acts upon which the denial is based. The Court must
also base the denial upon a preponderance of such evidence.
Under current law, you can be denied simply based on a statement
someone makes without having to have any evidence that the statement
is even correct!
--
HB 2931, Delegate Robert F. McDonnell, who represents the Virginia
Beach area: This bill reduces the amount of information that a gun
purchaser has to provide on the state firearms purchase form.
Currently the form requires all the same information as the federal
form and has an extra question to boot.
--
HB 1671, Delegate R. Steven Landes, who represents the area around
Weyers Cave: This bill repeals one of two parts of the law that bans
carrying a loaded firearm in a parked vehicle or if walking down the
road if you don't have permission to hunt on both sides of the road.
CAUTION - the other part of this law (15.2-1209.1) has not been
changed! 15.2-1209.1 allows a county to implement such a ban, but
exempts guns in moving vehicles or carried on a person acting at the
time in defense of person or property. We now need to get rid of
15.2-1209.1.
--
The other bills don't directly effect most of you:
HB 2683, Delegate Lingamfelter, makes it easier for gun shows to
report show information to the state police.
HB 2577, Delegate Jackie T. Stump, allows a person who has their
rights restored by federal law to possess, transport, or carry
explosive materials to do so under VA law.
HB 2060, Delegate Thomas Davis Rust, clears up an oversight that did
not allow police to be exempt from Virginia's stupid one-gun-a-month
law. Currently just CHP holders are exempt. Usually it is citizens
who are left out in the cold...
SB 1149, Senator Kenneth W. Stolle, changes hunting under the
influence of alcohol to hunting while impaired and raises the penalty
from a class 2 to a class 1 misdemeanor. This bill was our baby-step
back.
Be advised - once more - that these laws are effective JULY 1, 2005.
We are still working on the restaurant ban of concealed carry.
Thanks to all who worked on this year's legislation: citizens, legislators, and Governor Mark Warner.
-AndyB
.