Virginia Citizens
VCDL Legislative Update 3/13/24
(For those who would rather listen to this update, click here:
https://cdn.ymaws.com/vcdl.org/resource/resmgr/va-alert/audio_of_leg_update_3_13_202.mp3)
The General Assembly has adjourned until April 17th. On that date the General Assembly will attempt to override any of Governor Youngkin’s vetoes and will decide what to do with any of the Governor’s recommended changes to other bills.
Gun-control bills that were defeated
or set aside in the General Assembly
Twenty-three pro-rights bills were defeated in the General Assembly this year, with only one surviving. There were also seven gun-control bills that were defeated in the General Assembly:
SB57, Salim, prohibits a CHP holder from carrying a concealed handgun on the premises of a restaurant or club that serves alcoholic beverages. Reason for defeat: The Senate passed the bill and the House Public Safety Firearms subcommittee recommended its passage, but the full House Public Safety committee never met to vote on the bill.
HB113, Sullivan, makes it illegal for someone to possess, purchase, or transport a handgun for five years if convicted of a second or subsequent drunk-driving violation. Reason for defeat: While the bill passed the House, the Senate sent the bill to the Appropriations committee and that committee never voted on the bill.
HB158, McClure, requires a firearm locking device and a misleading printed warning message provided with all firearm sales. Reason for defeat: While the bill passed the House, the Senate Courts of Justice committee moved the bill out to next year’s General Assembly session.
HB270, Reid, creates a state sponsored “assault firearm” buy-up scheme and requires a five-day waiting period for all firearm sales. Reason for defeat: The House Appropriations Transportation and Public Safety subcommittee moved the bill out to next year’s General Assembly session.
HB319, Helmer, removes firearms courses offered by NRA and USCCA certified instructors from the list of qualified training courses to get a CHP. Reason for defeat: House Appropriations committee moved the bill out to next year’s General Assembly session.
SB522, Williams Graves, removes NRA and USCCA training courses from the list of qualified training courses to get a CHP. It also requires the firing of ten rounds of ammunition. Reason for defeat: While both the House and the Senate passed the bill, the House modified it before passage. The conference committee assigned to iron out the differences never met.
HB791, Henson, makes it a class 3 misdemeanor for a first offense and a class 1 misdemeanor for subsequent offenses of carrying a pneumatic gun on K-12 school property. Reason for defeat: While the bill passed out of the House Public Safety and the House Appropriations committees having been modified to reduce felony penalties down to misdemeanors, the bill was sent back to the House Public Safety committee for further work but was never heard by that committee again.
Discussion: The Democrats in the General Assembly have to pay back Michael Bloomberg, and all of his surrogate gun-control organizations, for supporting the Democrats’ campaigns. Consequently, the Democrats don’t want to be seen as voting against gun control, no matter how pointless, ridiculous, or unconstitutional a bill might be.
So, what is a good gun-grabber supposed to do with the gun-control bills that have gone a bridge too far? Where Democrat gun owners in the General Assembly and Democrat constituents are pushing back?
Why, you use parliamentary tricks to remove bills from the table, not an actual vote! One trick is to send the bill to a committee that will never meet again. “Darn, we just ran out of time and couldn’t reconvene that committee!” The bill dies by neglect. Or, if a vote is required, it is a voice vote where individual votes are not recorded or it is a vote that “merely moves the bill to next year,” not kill it. Such bills often don’t show up again the next year.
Gun-control bills that were
vetoed or modified by the Governor
Three bills arrived on the Governor’s desk early enough that he had to act on them by March 8th.
HB 46, Bennett-Parker, and SB 47, Favola, are identical and require that someone who has become a prohibited person transfer their firearms to someone who is 21 or older and doesn’t live at the same address. Both bills were vetoed.
HB498, Cohen, requires schools to notify parents by email or text of subjective information about laws on children getting access to loaded firearms, how to behave around children if you are a gun owner, talking to other parents about guns, and various gun statistics. Instead of vetoing this bill, the Governor decided that there are also some other things that parents should be notified of at the same time. He modified the bill. Gubernatorial modifications require the General Assembly to accept all his changes or the bill is vetoed. The bill will now have to pass the General Assembly again next year and he added this to the bill:
The Department of Education shall (i) collaborate with relevant stakeholders to create a list of (a) parental rights, including the right to be notified of sexually explicit materials, to express disagreement with a school's or a school board's policies or decisions, and to make decisions concerning the upbringing, education, and care of the parent's child, and (b) parental responsibilities, including safeguarding their child against access to drugs, ensuring their child is protected from exploitation or abuse, maintaining their child's school attendance, participating in their child's school discipline proceedings, monitoring their child's behavioral and educational process, and, if applicable, paying child support; and (ii) develop an efficient method for distributing such list to parents at the beginning of each school year. The Department of Education shall submit a report on such list to the Chairs of the House Committee on Education and the Senate Committee on Education and Health by December 1, 2024.
Well, what’s good for the goose is good for the gander! One of the many times I’d love to be a fly on the wall in the Democrat caucus room. I’m pretty sure the Democrats won’t accept those changes, so the bill will probably die by veto. We’ll see…
The vetoes and the changes will be considered by the General Assembly on April 17th.
The remaining gun bills on the Governor’s desk
There are now 34-gun bills remaining on the Governor’s desk. One that VCDL supports and the rest we strongly oppose.
The Governor has until April 8th to decide what he is going to do with those bills. Whether he signs a bill or doesn’t sign it, it becomes law. If he vetoes a bill or changes it, the bill goes back to the General Assembly. On April 17th the General Assembly will try to override the vetoes (on gun bills, they don’t have anywhere near enough votes to do so). For bills that the Governor has changed, the General Assembly will decide whether to accept all the Governor’s changes or let the bills die by veto.
Here’s the one remaining bill that VCDL supports, which was introduced by Nadarius Clark, a Democrat:
HB35, Clark, adds any locking or deactivating device to the list of items, such as gun safes, that are eligible for a tax credit once per year, at face value, up to $300. There is no requirement that someone must purchase or use such a device or that a tax credit must be taken.
Here are the remaining gun-control bills:
HB2, bans “assault firearms” and magazines holding more than 10 rounds made after July 1, 2024. The definition of “assault firearm” is expanded to capture more types of firearms. It also prohibits ownership of “assault firearms” by young adults.
SB2, bans “assault firearms” and magazines holding more than 10 rounds made after July 1, 2024. The definition of “assault firearm” is expanded to capture more types of firearms. It also prohibits ownership of “assault firearms” by young adults.
SB99, prohibits the carry of “assault firearms” in public areas, regardless of whether they are loaded, and removes an exemption for CHP holders.
SB100, requires serialization of homemade guns made after 1968.
HB173, requires serialization of homemade guns made after 1968.
HB175, prohibits the carry of “assault firearms” in public areas, regardless of whether they are loaded, and removes an exemption for CHP holders.
HB183, requires all firearms in a home, that are not being carried by the owner, to be locked up if there is a minor present.
SB225, requires schools to text or email subjective information on guns to parents at the start of a school year. NOTE: The same bill on the House side, HB498, was modified by the Governor. See the discussion on HB498 under “Gun-control bills that were vetoed or modified by the Governor.”
SB258, expands the things a judge can consider and must consider when issuing an Extreme Risk Protection Order (Red Flag).
SB273, requires a five-day waiting period for firearm sales.
HB318, allows for frivolous lawsuits against the gun industry in a blatant attempt to litigate a legitimate industry out of business.
SB327, makes it illegal for young adults to purchase an “assault firearm.” The definition of “assault firearm” is expanded to capture more types of firearms.
HB351, requires a person purchasing a firearm to sign a certification that no minor lives in the home, otherwise a locking device must be included with the firearm.
HB362, adds “dating relationship” to the definition of a “domestic relationship” for purposes of prohibiting guns for misdemeanor domestic violence.
SB363, makes it unlawful to possess, sell, or distribute a firearm with an altered serial number.
SB368, requires all firearms in a home, that are not being carried by the owner, to be locked up if there is a minor present.
SB383, prohibits firearms in higher education buildings unless part of an authorized program or activity in that building.
SB447, creates a $500 fine and makes a vehicle subject to towing if there is a visible handgun inside an unattended vehicle.
HB454, prohibits firearms in higher education buildings unless part of an authorized program or activity in that building.
HB466, severely restricts recognition of out-of-state CHPs.
SB491, allows for frivolous lawsuits against the gun industry.
SB515, prohibits firearms in hospitals.
HB585, prohibits home-based Federal Firearms Licensees from operating within 1.5 miles of any elementary or middle school.
HB637, creates a training program to make more frequent use of Substantial Risk Orders (Red Flag).
SB642, adds “dating relationship” to the definition of a “domestic relationship” for purposes of prohibiting guns for misdemeanor domestic violence.
HB797, removes NRA and USCCA training courses from the list of qualified training courses to get a CHP. It also requires the firing of ten rounds of ammunition. Interestingly, the House cognate for this bill, SB522, died for lack of a conference committee report.
HB798, takes away a person’s right to own a firearm for several types of misdemeanor convictions, including simple assault.
HB799, requires a person to be fingerprinted when applying for a new or renewed CHP. Applicant pays the fingerprinting fee.
HB861, prohibits firearms in hospitals.
HB939, prohibits firearms within 100 feet of an electoral board, voter registration, voter satellite building, or a drop-off location or absentee voter precinct.
HB1174, makes it illegal for young adults to purchase an “assault firearm.” The definition of “assault firearm” is expanded to capture more types of firearms.
HB1195, requires a five-day waiting period for firearm sales.
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