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#1562046 - 11/19/19 02:00 PM "assault weapons" ban pre-filed in house and senate. It's now here.
jtdpowhatan Offline
Single barrel

Registered: 02/20/10
Posts: 48
Loc: Powhatan, VA
City or County: Powhatan
It's here, starting in January...more or less a ban on anything semi-auto, no grandfathering. This would be the most restrictive of any state.

House Bill 2: http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB2
Senate Bill 16: http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB16

Here for the full agenda for formerly Virginia, soon to be "East California:" http://lis.virginia.gov/cgi-bin/legp604.exe?201+lst+ALL

Take note of removal of all voter ID checks (i.e. they need to keep their majority), "fair" housing laws (illegal to not allow low income/section 8 housing in your suburbs!), passage of ERA, minimum wage hike, removal of "gendered" language, Constitution change to remove "man and woman" from definition of marriage, localities can impost 5 cent plastic bag tax to name a few. I am sure they are not done, missing are UBC's, red flag laws, climate change BS, removal of right to work, and the list goes on.

Prepare to engage. Engage your local Board of Supervisors to talk about 2A Sanctuary status, same for your Sheriff, and most important, your Commonwealth's Attorney as they decide who gets prosecuted for what...

GET INVOLVED. Tyranny is here.

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#1562059 - 11/19/19 02:47 PM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
chank3 Offline
Single barrel

Registered: 03/07/19
Posts: 30
Loc: Virginia
City or County: Falls Church
So much for Sic Semper Tyrannus...too many non-Virginia actors influencing policy. But I do appreciate this Blue Wave being a wake up call and motivating people to be more politically active.

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#1562578 - 11/21/19 02:08 AM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
waltherguy Offline
Pea shooter

Registered: 11/17/19
Posts: 1
Loc: Virginia
City or County: manassas
question is boys who excatly do we contact here to let them
know we aint having it..

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#1562705 - 11/21/19 11:47 AM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: waltherguy]
AR74 Offline
Double barrel

Registered: 09/07/17
Posts: 88
Loc: USA
City or County: Loudoun
Originally Posted By: waltherguy
question is boys who excatly do we contact here to let them
know we aint having it..


Email your county's board of supervisors and ask for the implementation of 2A Sanctuary due to the proposed violations of our constitutional rights.

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#1562768 - 11/21/19 03:23 PM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
challer Offline
Single barrel

Registered: 10/26/18
Posts: 38
Loc: alexandria
City or County: Fairfax County
How does this affect trusts?

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#1562774 - 11/21/19 03:40 PM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
challer Offline
Single barrel

Registered: 10/26/18
Posts: 38
Loc: alexandria
City or County: Fairfax County
How does this affect trusts?

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#1562992 - 11/22/19 09:06 AM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
jpm5321 Offline
Marksman

Registered: 11/11/12
Posts: 360
Loc: VA
City or County: Bracey
B. is unlawful for any person to import, sell, transfer, manufacture, purchase, possess, or transport an assault firearm. A violation of this section shall be is punishable as a Class 6 felony.

B. The provisions of this section shall not apply to (i) the manufacture by, transfer to, or possession by the Commonwealth or a department, agency, or political subdivision of the Commonwealth; (ii) the transfer to or possession by a law-enforcement officer employed by such an entity for purposes of law enforcement; or (iii) the possession by an individual who is retired from service with a law-enforcement agency and who is not otherwise prohibited from receiving ammunition transferred to the individual by the law-enforcement agency upon his retirement of such firearm magazines.


I don’t think a trust is going to save you.

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#1562996 - 11/22/19 09:20 AM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
jpm5321 Offline
Marksman

Registered: 11/11/12
Posts: 360
Loc: VA
City or County: Bracey
Does Article 1 Section 11 of the VA Constitution provide a legal challenge to this law?

Section 11. Due process of law; obligation of contracts; taking or damaging of private property; prohibited discrimination; jury trial in civil cases.


That no person shall be deprived of his life, liberty, or property without due process of law; that the General Assembly shall not pass any law impairing the obligation of contracts; and that the right to be free from any governmental discrimination upon the basis of religious conviction, race, color, sex, or national origin shall not be abridged, except that the mere separation of the sexes shall not be considered discrimination.


That in controversies respecting property, and in suits between man and man, trial by jury is preferable to any other, and ought to be held sacred. The General Assembly may limit the number of jurors for civil cases in courts of record to not less than five.


That the General Assembly shall pass no law whereby private property, the right to which is fundamental, shall be damaged or taken except for public use. No private property shall be damaged or taken for public use without just compensation to the owner thereof. No more private property may be taken than necessary to achieve the stated public use. Just compensation shall be no less than the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. The terms "lost profits" and "lost access" are to be defined by the General Assembly. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is.

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#1563009 - 11/22/19 09:44 AM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jpm5321]
challer Offline
Single barrel

Registered: 10/26/18
Posts: 38
Loc: alexandria
City or County: Fairfax County
I believe "taken from public use" is the parent of "gun buy backs" and "grandfather" clauses

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#1563010 - 11/22/19 09:46 AM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jpm5321]
challer Offline
Single barrel

Registered: 10/26/18
Posts: 38
Loc: alexandria
City or County: Fairfax County
So how will private security agencies get past this? Just trying to understand. I was told a trust is different than an individual but could be wrong.

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#1563041 - 11/22/19 10:49 AM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jpm5321]
Wojownik Offline
Bolt action

Registered: 10/14/10
Posts: 152
Loc: Northern VA
City or County: Fairfax / Loudoun
Need to research Virginia case law on this - in most cases Virginia courts (to my recollection) have kept in the swimlane of takings = eminent domain = land. But that doesn't mean the courts have restricted the definition of "property" to just land.

Citing "police powers" the government enjoys a pretty wide berth in the courts on regulating what you can and can't do with property - but even here, IF it goes too far in the eyes of the court, it can become a taking. There is a key subclause in the proposed bill, allowing transfers out of state, that is cleverly there to avoid what could otherwise have been a black-and-white taking.

Another example of police powers - under §19.2-386.16 law enforcement can actually seize you property (vehicle) if you have committed certain offenses. That is a form of taking (without any compensation) that the Virginia Courts have so far found to be constitutional, based on the government's "police powers".

So what you are asking is actually a murky area of law that the courts would need to test:
- what are the limits to the state's "police powers"?
- has it cited a sufficiently defined criteria to exercise these "police powers" in banning "assault weapons"?
- is such a prohibition actually a "taking" or is it something else under law?
- Does the prohibition "go too far" - to quote SCOTUS - and thereby become a taking?
- Or, because it has the weasel option of "transferring property out of state," it is not a "taking"?

The wording of this legislation is not accidental - it is intended to dance around the whole issue of "takings". It is also a classic case of legislation written by someone outside the state, imported slavishly into Virginia by party operatives.


Originally Posted By: jpm5321
Does Article 1 Section 11 of the VA Constitution provide a legal challenge to this law?

Section 11. Due process of law; obligation of contracts; taking or damaging of private property; prohibited discrimination; jury trial in civil cases.


That no person shall be deprived of his life, liberty, or property without due process of law; that the General Assembly shall not pass any law impairing the obligation of contracts; and that the right to be free from any governmental discrimination upon the basis of religious conviction, race, color, sex, or national origin shall not be abridged, except that the mere separation of the sexes shall not be considered discrimination.


That in controversies respecting property, and in suits between man and man, trial by jury is preferable to any other, and ought to be held sacred. The General Assembly may limit the number of jurors for civil cases in courts of record to not less than five.


That the General Assembly shall pass no law whereby private property, the right to which is fundamental, shall be damaged or taken except for public use. No private property shall be damaged or taken for public use without just compensation to the owner thereof. No more private property may be taken than necessary to achieve the stated public use. Just compensation shall be no less than the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. The terms "lost profits" and "lost access" are to be defined by the General Assembly. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is.

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#1564493 - 11/26/19 08:32 AM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
BRDGUY Offline
If i'm right, it isn't guessing.

Registered: 08/24/11
Posts: 351
Loc: Virginia
City or County: Spotsylvania
Get out and make a difference! 2A Sanctuary


Warren County to vote on resolution 12/10/19
Spotsylvania County to vote on resolution 12/10/19
King George County to vote on resolution 12/3/19
Rappahannock County to hear resolution on 12/2/19
Goochland County to vote on resolution 12/3/19
Powhatan County to vote on resolution on 11/25/19
Greene County to vote on resolution on 11/26/19
Wythe County to vote on resolution on 11/26/19
Prince Edward County to vote on resolution on 12/10/19
Floyd County to vote on resolution on 12/10/19
Louisa County to hear resolution on 12/2/19
Botetourt County to hear resolution on 11/26/19
Prince George County to vote on resolution on 12/10/19
Northumberland County to vote on resolution on 12/12/19
Page County to hear resolution on 12/3/19
Charles City County to vote on resolution on 11/26/19
Glouster County to vote on resolution on 12/3/19

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#1564745 - 11/27/19 03:30 AM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
Gary_Sprouse Offline
Bolt action

Registered: 07/17/19
Posts: 150
Loc: Virginia
City or County: Lexington
Rockbridge County votes on resolution 12/9/19

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#1564779 - 11/27/19 07:00 AM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
BRDGUY Offline
If i'm right, it isn't guessing.

Registered: 08/24/11
Posts: 351
Loc: Virginia
City or County: Spotsylvania
Washington County passed 7-0 for 2A Sanctuary

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#1564786 - 11/27/19 07:35 AM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
BRDGUY Offline
If i'm right, it isn't guessing.

Registered: 08/24/11
Posts: 351
Loc: Virginia
City or County: Spotsylvania
Lots of info here. Everyone have a Happy Thanksgiving!



http://gunrightswatch.com/news/2019/11/2...nt-sanctuaries/

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#1564787 - 11/27/19 07:36 AM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
BRDGUY Offline
If i'm right, it isn't guessing.

Registered: 08/24/11
Posts: 351
Loc: Virginia
City or County: Spotsylvania
HENRICO BOS meeting was last night, there was no formal agenda for the 2A topic but they did hear public comment on the issue.
Video here. Starts around minute 16:10
https://henrico-va.granicus.com/MediaPlayer.php?view_id=2&clip_id=3026

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#1564913 - 11/27/19 03:15 PM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
Gnome Offline
For alt vi har. Og alt vi er.

Registered: 01/01/14
Posts: 335
Loc: Ft. A. P. Hill, Va.
City or County: Hanover
Very Moving Speakers in the Public Comments section of the Henrico County BOS meeting.
_________________________
For fred og frihet Gjør rett, frykt ingen.

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#1565120 - 11/28/19 07:44 AM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
Swinger Offline
HMFIC

Registered: 06/23/14
Posts: 91
Loc: Smithfield
City or County: Smithfield
http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB64+hil

anyone hear anything about this garbage?
_________________________
When tyranny becomes law, rebellion becomes duty

If your signature is filled with unneeded, unnecessary, self imposed requirements or restrictions with LOTS of CAPS for EMPHASIS, you are not helping the community and I will pass on you.

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#1566208 - 12/01/19 06:42 PM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
netguru Offline
Quack Smacker

Registered: 12/05/12
Posts: 32
Loc: King William County
City or County: King William
**I VOTE DEMOCRAT**'em. Sorry for the language, but they need to understand that nobody in NJ turned in their more than 10 rd mags. I know state police up there, and they got 0.

First step. Own your property, no mortgage. Second. No trespassing signs. Third. Land grant. No taxes on real-estate, and no law can come on your land. You will then be sovereign.

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#1566499 - 12/02/19 12:38 PM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
Cam3roni Offline
Pea shooter

Registered: 10/18/19
Posts: 1
Loc: Virginia
City or County: Richmond
I hate liberals

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#1566721 - 12/02/19 10:34 PM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: netguru]
FordBoy Offline
Pea shooter

Registered: 09/28/15
Posts: 17
Loc: Clarke County, VA
City or County: Clarke County, VA
Originally Posted By: netguru
**I VOTE DEMOCRAT**'em. Sorry for the language, but they need to understand that nobody in NJ turned in their more than 10 rd mags. I know state police up there, and they got 0.

First step. Own your property, no mortgage. Second. No trespassing signs. Third. Land grant. No taxes on real-estate, and no law can come on your land. You will then be sovereign.


That's all fine and dandy until you need to leave your property..

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#1566861 - 12/03/19 11:35 AM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
Squirrel Offline
Double barrel

Registered: 12/04/08
Posts: 77
Loc: Richmond
City or County: Richmond
So question about Sanctuary Counties (because I am having a hard time finding this information online)... This seems to indicate that law enforcement will refuse to enforce the proposed gun law changes within the boundaries of that county. Obviously I will not take my guns outside of my county, assuming it is a Sanctuary County. Does that mean that citizens are free to shoot such firearms on private land, or even at gun ranges within that county, with no fear of prosecution? I would be leery of owning the banned firearms if the Sanctuary County thing was just a "gentleman's agreement" between the county and its citizens. I would hope that sanctuary county status would have something in writing so that citizens know they do not have to fear arrest over this issue.

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#1566872 - 12/03/19 12:22 PM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
glh0903 Offline
Bolt action

Registered: 09/06/13
Posts: 102
Loc: Virginia
City or County: Charlottesville
I would think that in theory you would still be protected as long as it's inside the county line. Keep in mind state police could still make arrests, regardless of what the county decides. For this reason we should be doing the full court press on the district attorneys. They are who ultimately decide to prosecute or not.


Edited by glh0903 (12/03/19 12:46 PM)
Edit Reason: Spelling

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#1566911 - 12/03/19 02:47 PM Re: "assault weapons" ban pre-filed in house and senate. It's now here. [Re: jtdpowhatan]
Squirrel Offline
Double barrel

Registered: 12/04/08
Posts: 77
Loc: Richmond
City or County: Richmond
I know the legislation is already written and we expect it to pass, but it's so hard to imagine a law like this passing a legal challenge. People with large firearms collections stand to lose hundreds of thousands of dollars in assets as a result of this law. I don't know how this would be supported in the courts. In the very least, I can imagine a grandfather clause being added to the legislation.

Granted, the expansion of civil forfeiture across the country also seems to lack all due process, but at least in those cases the argument being made is that criminal activity is suspected. With the voluntary forfeiture of firearms, citizens are being forced to part with significantly valuable property.

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