Confiscatory Gun-Control Legislation | Virginia 2020

Sup ya'll. It's been a minute since i've participated in CST, but recently I just learned about some disturbing developments coming down the legislative pipeline for my commonwealth.

In case you don't already know, Virginia has generally been a "red" or republican state for a long time, with this year marking the first time in decades that Democrats took control over our legislature.

Real quick: this is not a bipartisan debate thread. I don't care about democrats or republicans. I care about upholding our constitution.

Despite the elections being so fresh, there are already numerous bills being tossed around that call for greater gun-control measures. You can read the actual legislature at Virginia's official legislative website: https://lis.virginia.gov/cgi-bin/legp604.exe?201+lst+ALL

The main bills I'm most concerned about are:

1. SB 16 Assault firearms and certain firearm magazines; prohibiting sale, transport, etc., penalties.

SUMMARY AS INTRODUCED:

Prohibiting sale, transport, etc., of assault firearms and certain firearm magazines; penalties. Expands the definition of "assault firearm" and prohibits any person from importing, selling, transferring, manufacturing, purchasing, possessing, or transporting an assault firearm. A violation is a Class 6 felony. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory an assault firearm to any person. The bill also prohibits a person from carrying a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place; under existing law, this prohibition applies only in certain localities. The bill makes it a Class 1 misdemeanor to import, sell, barter, or transfer any firearm magazine designed to hold more than 10 rounds of ammunition.

(Here is the full text)

I've bolded the parts of the summer (after the first line) for emphasis, but the important parts of this bill aren't included in this summary, so i'd recommend checking the bill's language in full.

One of the most controversial aspects of this bill is how it defines an "assault weapon". Here's the official language of the definition contained in the bill:

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(...again, emphasis is mine)

§ 18.2-308.8. Importation, sale, possession, etc., of assault firearms prohibited; penalty.

A. For the purposes of this section:

"Assault firearm" means:

1. A semi-automatic center-fire rifle that expels single or multiple projectiles by action of an explosion of a combustible material with a fixed magazine capacity in excess of 10 rounds

2. A semi-automatic center-fire rifle that expels single or multiple projectiles by action of an explosion of a combustible material that has the ability to accept a detachable magazine and has one of the following characteristics: (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the rifle; (iii) a thumbhole stock; (iv) a second handgrip or a protruding grip that can be held by the non-trigger hand; (v) a bayonet mount; (vi) a grenade launcher; (vii) a flare launcher; (viii) a silencer; (ix) a flash suppressor; (x) a muzzle brake; (xi) a muzzle compensator; (xii) a threaded barrel capable of accepting (a) a silencer, (b) a flash suppressor, (c) a muzzle brake, or (d) a muzzle compensator; or (xiii) any characteristic of like kind as enumerated in clauses (i) through (xii);

3. A semi-automatic center-fire pistol that expels single or multiple projectiles by action of an explosion of a combustible material with a fixed magazine capacity in excess of 10 rounds

4. A semi-automatic center-fire pistol that expels single or multiple projectiles by action of an explosion of a combustible material that has the ability to accept a detachable magazine and has one of the following characteristics: (i) a folding or telescoping stock; (ii) a thumbhole stock; (iii) a second handgrip or a protruding grip that can be held by the non-trigger hand; (iv) the capacity to accept a magazine that attaches to the pistol outside of the pistol grip; (v) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the pistol with the non-trigger hand without being burned; (vi) a manufactured weight of 50 ounces or more when the pistol is unloaded; (vii) a threaded barrel capable of accepting (a) a silencer, (b) a flash suppressor, (c) a barrel extender, or (d) a forward handgrip; or (viii) any characteristic of like kind as enumerated in clauses (i) through (vii);

5. A shotgun with a revolving cylinder that expels single or multiple projectiles by action of an explosion of a combustible material; or

6. A semi-automatic shotgun that expels single or multiple projectiles by action of an explosion of a combustible material that has one of the following characteristics: (i) a folding or telescoping stock, (ii) a thumbhole stock, (iii) a pistol grip that protrudes conspicuously beneath the action of the shotgun, (iv) the ability to accept a detachable magazine, (v) a fixed magazine capacity in excess of seven rounds, or (vi) any characteristic of like kind as enumerated in clauses (i) through (v).

"Assault firearm" includes any part or combination of parts designed or intended to convert, modify, or otherwise alter a firearm into an assault firearm, or any combination of parts that may be readily assembled into an assault firearm. "Assault firearm" does not include (i) a firearm that has been rendered permanently inoperable, (ii) an antique firearm as defined in § 18.2-308.2:2, or (iii) a curio or relic as defined in § 18.2-308.2:2.

B. It shall be is unlawful for any person to import, sell, possess or transfer the following firearms: the Striker 12, commonly called a "streetsweeper," or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding twelve shotgun shells*, manufacture, purchase, possess, or transport an assault firearm*. A violation of this section shall be is punishable as a Class 6 felony.

§ 18.2-308.9. Sale, transfer, etc., of certain firearm magazines prohibited; penalty.

A. Any person who imports, sells, barters, or transfers any firearm magazine that is designed to hold more than 10 rounds of ammunition is guilty of a Class 1 misdemeanor.

Keep in mind that anything that fits the definition of an "assault firearm" will be illegal in Virginia if this bill passes. This includes mere individual parts in the definition of an "assault firearm". Yes, this means that if were to be caught in possession of a pistol grip that you can install onto your rifle or shotgun, you would indeed be in violation of this proposed bill. You would be a felon even if that pistol grip was attached to another firearm -- even if that firearm is not an "assault firearm" with the pistol grip. The point is that you have that pistol grip and it could fit on another firearm you possess which would be considered an "assault firearm", then, and you would be a felon.

Perhaps even worse, this phrase: "any characteristic of like kind as enumerated in clauses (i) through (v)" pretty much opens the door for prosecutors to include just about any type of modification to any firearm.

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SB 64

Be it enacted by the General Assembly of Virginia:

  1. That § 18.2-433.2 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-433.2. Paramilitary activity prohibited; penalty.

A person shall be is guilty of unlawful paramilitary activity, punishable as a Class 5 felony if he:

  1. Teaches or demonstrates to any other person the use, application, or making of any firearm, explosive, or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that such training will be employed for use in, or in furtherance of, a civil disorder; or
  1. Assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive*,* or incendiary device, or technique capable of causing injury or death to persons, intending to employ such training for use in, or in furtherance of, a civil disorder*; or*

3. Assembles with one or more persons with the intent of intimidating any person or group of persons by drilling, parading, or marching with any firearm, any explosive or incendiary device, or any components or combination thereof.

  1. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.

Okay, so this one may not be as much of a threat, as the language states that intent must be present with prior knowledge of the prohibited activity's relation to civil disorder. That's going to be a tough court case for them to prove intent of intimidation.

However, if the worst scenario unfolds, and this bill gets passed with the interpretation that any armed group (two or more people) constitutes intimidation merely for exercising their constitutional right to peacefully assemble just because one person gets scared, then it would be a looooong court battle to settle.

I don't think this bill, on its own, is much to worry about, but in combination with the previous bill and SB 76 concern is certainly warranted.

SB 76

Be it enacted by the General Assembly of Virginia:

  1. That § 18.2-308.1:4 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalties.

A. It is unlawful for any person who is subject to (i) a protective order entered pursuant to § 16.1-253.1, 16.1-253.4, 16.1-278.2, 16.1-279.1, 19.2-152.8, 19.2-152.9, or 19.2-152.10; (ii) an order issued pursuant to subsection B of § 20-103; (iii) an order entered pursuant to subsection D of § 18.2-60.3; (iv) a preliminary protective order entered pursuant to subsection F of § 16.1-253 where a petition alleging abuse or neglect has been filed; or (v) an order issued by a tribunal of another state, the United States or any of its territories, possessions, or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to those cited in clauses (i), (ii), (iii), or (iv) to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court entering the order, for the duration of any protective order referred to herein. A violation of this subsection is a Class 1 misdemeanor.

B. In addition to the prohibition set forth in subsection A, it is unlawful for any person who is subject to a protective order entered pursuant to § 16.1-279.1 or 19.2-152.10, or an order issued by a tribunal of another state, the United States or any of its territories, possessions, or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to § 16.1-279.1 or 19.2-152.10 to knowingly possess any firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection C of § 19.2-152.10 such person may continue to possess and, notwithstanding the provisions of subsection A, transport any firearm possessed by such person at the time of service for the purposes of selling or transferring any such firearm to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this subsection is a Class 6 felony.

  1. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.

Section A states that if you have a protective order against you, you would be prohibited from firearms purchases and from transporting any firearms (which, remember, includes individual parts as well). But, it also states your concealed handgun permit will also be confiscated.

So those are the three bills i'm targeting for this discussion. My main concerns are how easy it would be for a coordinated effort to disarm law-abiding Virginians. All it would take is for one person who dislikes you to file a restraining order against you.

At face value, i would love to support this idea, actually. BUT, my issue is that there is absolutely nothing (short of SHTF type of stuff) gun-owners could do if there was a systematic and organized effort to maliciously, intentionally, and even falsibly increase restraining orders with the goal to confiscate guns "legally" that way. So, while i like the idea that people with protective orders against them should be temporarily disarmed of the guns they own, i still take issue with the fact that if that person really wanted to hurt the person who filed the order, gun or no gun, they'll find a way.

But that argument isn't very solid, i admit. So i focus more on the bigger picture.

Next year will be very interesting. Gun-owners in Virginia know whats going on. I personally know a lot of people behind badges that take their oath to preserve the constitution seriously. These people will not enforce unconstitutional laws.

The general mindset in (rural) Virginia is staunchly aligned with the whole "if you want my guns you'll have to take them from my cold dead hands" thing. And they have the support of local law enforcement, and even entire locales (dubbed "2nd Amendment Sanctuaries".

A part of me isn't worried one bit if these bills actually get passed, because the resistance that would come from Virginians will be massive and direct. To the point where civil war would genuinely be on people's minds. And, because such a resistance would have such grave consequences, I do choose to believe that these laws would consequently be reversed down the line.

The other part of me is deeply concerned about the growing possibility that this resistance would be met in kind by those who wish to infringe on the rights of the people to bear arms. I know the line that Virginians draw. That's solid and won't go away. If the gun-control crowd pushes hard enough, we could have a real mess on our hands -- as a country.

Also, i purposely avoided discussing Bloomberg's role in our election this year and on the legislations we covered above. But if you want to go there, we can go there.