Virginia Shooting Sports Association

2009 General Assembly Legislative Tracking Form

Updated 02:55PM 3/01/09

Legend:      _ Code clean up/no impact on gun owner rights

                                    :  ­_ Improves gun owner rights

                                    : ­ _ Restricts gun owner rights

                                    :  *  VSSA has taken no position at this time

 

The General Assembly Adjourned Sine Die – February 28, 2009

Reconvened Session to Consider Governor’s Amendments and Vetoes – April 8, 2009

 

House Bills Introduced

Bill No.

Title

LIS Bill Summary as Passed House

(unless otherwise noted)

Last Action

VSSA Position

 

 

 

 

 

HB 1655

Charles W. Carrico, Sr.

 

Firearms; award of court costs, etc. to entity that prevails in action challenging locality

Requires a court to award reasonable attorney fees, expenses, and court costs to any entity that prevails in an action challenging an ordinance, resolution, motion, or an administrative action taken in bad faith, as being in conflict with a locality's authority to control firearms pursuant to § 15.2-915.

Passed House 82-Y 16-N

 

Passed Senate with amendment (30-Y 10-N)

 

Bill Passed as amended by Senate

 

Bill advances to Governor for signature, amendments or veto.

Support

 

 

 

 

 

HB 1656

Robert G. Marshall

Concealed handguns; allows faculty members at institutions of higher education to carry on campus.

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.

02/10/09  House: Left in Militia, Police and Public Safety

Bill Dead for 2009

Support

 

 

 

 

 

HB 1734

Brenda L. Pogge

Concealed handgun permits; amends various processes, procedures, etc., for obtaining a permit.

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.

 

02/10/09  House: Left in Militia, Police and Public Safety

Bill Dead for 2009

Support

 

 

 

 

 

HB 1741

Brenda L. Pogge

Firearms; possession or transportation thereof 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.

01/23/09  House: Stricken from docket by Militia, Police and Public Safety by voice vote

Bill Dead for 2009

(Note -Inclination is to Oppose but patron is strong on our issue and the legislative team is working to determine why this bill was introduced)

 

 

 

 

 

HB 1748

Brenda L. Pogge

Concealed handgun permit; no requirement for fingerprinting if previously issued permit

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.

01/30/09  House: Stricken from docket by Militia, Police and Public Safety by voice vote

Bill Dead for 2009

Support

 

 

 

 

 

HB 1821

Joseph P. Johnson, Jr.

Concealed handguns; prohibits person who carries in restaurant from consuming alcoholic beverages.

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.

02/10/09  House: Left in Militia, Police and Public Safety

Bill Dead for 2009

Support

 

 

 

 

 

HB 1822

Joseph P. Johnson, Jr.

Handguns; exempts permit holders from prohibition against carrying onto school property.

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.

02/10/09  House: Left in Militia, Police and Public Safety

Bill Dead for 2009

Support

 

 

 

 

 

HB 1851

L. Scott Lingamfelter

Firearms; purchase by members of 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.

Passed House - 86-Y 13-N

 

Passed Senate (31-Y 8-N)

 

Bill advances to Governor for signature, amendments or veto

Support

 

 

 

 

 

HB 1910

Mamye E. BaCote

Firearms; localities may adopt ordinance prohibiting thereof in libraries owned by locality.

Provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof in libraries owned or operated by the locality.

01/29/09  House: Subcommittee recommends passing by indefinitely by voice vote

Bill Defeated

Strongly Oppose

 

 

 

 

 

HB 2004

Anne B. Crockett-Stark

 

Firearm silencer; shifts burden of proof that firearm is registered from State to defendant.

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.

01/30/09  House: Stricken from docket by Militia, Police and Public Safety by voice vote

Bill Defeated

Oppose as drafted

 

 

 

 

 

HB 2042

Thomas D. Gear

 

Purchase of handguns of certain officers

Allows a retiring law-enforcement officer of the State Lottery Department to purchase his handgun for $1.

Passed House (94-Y 3-N)

 

Passed Senate (40-Y 0-N)

 

Bill advances to Governor for signature, amendments or veto.

 

 

 

 

 

 

HB 2144

David A. Nutter

 

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.

Passed House - 99-Y 0-N

 

Passed Senate (40-Y 0-N)

 

Bill advances to Governor for signature, amendments or veto.

Note: This bill codifies the AG’s opinion prohibiting the State Police from releasing names of permit holders but allows individuals seeking the information to get it from local circuit courts.

 

 

 

 

 

HB 2178

Edward T. Scott

 

Possession of ammunition by convicted felons; prohibited

Summary as Passed

Prohibits a convicted felon from possessing ammunition for a firearm and adds a definition of ammunition.  A violation is a Class 6 felony.

Passed House - 64-Y 34-N

 

Passed Senate with substitute (40-Y 0-N)

 

Bill Passed as amended

 

Bill advances to Governor for signature, amendments or veto.

 

 

 

 

 

 

HB 2227

Dave W. Marsden

Concealed weapons

Adds weapons designed to expel a projectile at a speed of more than 250 feet per second by action of compressed air or gas, such as an airsoft gun, to the list of weapons that are prohibited from being carried concealed.

02/10/09  House: Left in Militia, Police and Public Safety

Bill Defeated

Oppose

 

 

 

 

 

HB 2318

Joseph D. Morrissey

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.

02/10/09  House: Left in Militia, Police and Public Safety

Bill Defeated

Oppose

 

 

 

 

 

HB 2481

Jeion A. Ward

Criminal law; registration of machine guns

Requires any registrant to forthwith notify the Superintendent of State Police, in writing, of the change of address of the registrant or permanent change of the physical location of the machine gun.

02/10/09  House: Left in Militia, Police and Public Safety

Bill Defeated

Oppose

 

 

 

 

 

HB 2528

Mark L. Cole

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

Passed House - 64-Y 33-N

 

Passed Senate with amendment (28-Y 12-N)

 

Bill Passed as amended

 

Bill advances to Governor for signature, amendments or veto.

Support

 

 

 

 

 

HB 2631

C. Charles Caputo

Firearms show; Fairfax County may require criminal history record information from promoter thereof.

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.

02/10/09  House: Left in Militia, Police and Public Safety

Bill Defeated

Strongly Oppose

 

 

 

 

 

 

 

Senate Bills Introduced

 

 

Bill No.

Title

LIS Bill Summary as Passed Senate

(unless otherwise noted)

Last Action

VSSA Position

 

 

 

 

 

SB 832

Mamie E. Locke

Firearms; possessing or carrying dangerous weapon in public buildings during official meetings

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.

01/27/09  Senate: Failed to report (defeated) in Local Government (5-Y 10-N)

Bill Defeated

Oppose

 

 

 

 

 

SB 877

Stephen H. Martin

Law-enforcement officers, retired; clarifies that officers are not subject to concealed weapon laws

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.

Passed Senate (40-Y 0-N)

 

Passed House (84-Y 15-N)

 

Bill advances to Governor for signature, amendments or veto.

Support

 

 

 

 

 

SB 1035

Emmett W. Hanger, Jr.

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.

Passed Senate (24-Y 16-N)

 

Passed House with Amendments (66-Y 33-N)

 

Bill Passed as amended

 

Bill advances to Governor for signature, amendments or veto.

Support

 

 

 

 

 

SB 1053

Mary Margaret Whipple

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.

01/27/09  Senate: Failed to report (defeated) in Local Government (5-Y 10-N)

Bill Defeated

Strongly Oppose

 

 

 

 

 

SB 1166

John C. Watkins

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.

02/09/09  Passed Senate (27-Y 13-N)

 

02/28/09  House: Left in Militia, Police and Public Safety

 

Bill Defeated

Oppose

(Note – while VSSA supports closing public access to the forms, we strongly oppose trying to balance the budget on the backs of gun owners)

 

 

 

 

 

SB 1254

Henry L. Marsh III

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 clarifies that a conviction from another state for driving while intoxicated or for drunkenness in public disqualifies an individual from obtaining a concealed handgun permit, and that any training to show competence with a handgun must be completed in person. 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.

01/29/09 Passed Senate (40-Y 0-N) with amendments

 

02/23/09  House: Tabled in Courts of Justice by voice vote

 

Bill Defeated

Oppose

Note: While the requirement for in person training has been removed, it still requires that a reciprocal permit holder display a separate photo-id even if the permit includes a photo

 

 

 

 

 

SB 1257

Henry L. Marsh III

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.

02/04/09  Defeated by Senate (19-Y 21-N)

Bill Defeated

Strongly Oppose

 

 

 

 

 

SB 1383

Kenneth W. Stolle

 

Firearm silencers; repeals provision that makes it a Class 6 felony to possess if not registered.

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.

 Passed Senate (33-Y 5-N)

 

Passed House (99-Y 0-N)

 

Bill advances to Governor for signature, amendments or veto.

Support

 

 

 

 

 

SB 1385

Kenneth W. Stolle

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

01/14/09  Senate: Referred to Committee for Courts of Justice

 

02/11/09  Senate: Left in Courts of Justice

 

Bill Defeated

Oppose

(Note -This bill seeks to address a problem that does not exist.  Gun Show Promoters should not have to pay for law enforcement to monitor gun shows.  Federal studies have shown that gun shows are not a source for guns used in crimes.)

 

 

 

 

 

SB 1396

Thomas K. Norment, Jr.

Purchase of service handgun; designated law-enforcement officers to purchase their handgun.

Allows designated law-enforcement officers to purchase their service handgun for $1 if they are receiving disability payments for a service-incurred disability with no expectation of returning to their former employment.

Passed Senate (39-Y 0-N)

 

Passed House (99-Y 0-N)

 

Bill advances to Governor for signature, amendments or veto.

Support

 

 

 

 

 

SB 1513

Ralph K. Smith

Firearms; award of court costs, etc., to entity that prevails in action challenging locality.

Requires a court to award reasonable attorney fees, expenses, and court costs to any entity that prevails in an action challenging an ordinance, resolution, motion, or administrative action as being in conflict with a locality's authority to control firearms pursuant to § 15.2-915.

Passed Senate (30-Y 10-N)

 

Passed House with Amendment (84-Y 13-N)

 

House Amendment rejected by Senate

 

Bill passes as passed Senate

 

Bill advances to Governor for signature, amendments or veto.

Support

 

 

 

 

 

SB 1528

Ken T. Cuccinelli, II

Concealed handgun permits; completion of firearms training, etc., may be done electronically.

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.

Passed Senate (29-Y 10-N)

 

Passed House (99-Y 0-N)

 

Bill advances to Governor for signature, amendments or veto.

Support

 

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Note!!! Legislation is subject to change at a moment’s notice.  VSSA may take a position on a bill based on current information and change its position later based on amendments or other actions.  Please check the tracking form  and the VSSA Blog regularly for the most up-to-date information.

 

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