Virginia Law Clarified!

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Thread: Virginia Law Clarified!

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    Senior Member Array Zsnake's Avatar
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    Virginia Law Clarified!

    MCAULIFFE POKES GUN OWNERS TO REPAY A DEBT TO MICHAEL BLOOMBERG

    Governor McAuliffe, as a partial payment to Michael Bloomberg for helping
    him get elected the Governor of Virginia by a whopping 2.5% margin, used his
    very first veto on a bill that simply CLARIFIED A CURRENT GUN LAW!

    The Governor vetoed HB 962, which clarifies that someone who doesn't have a
    CHP can store a loaded handgun in an CLOSED compartment or container within
    a vehicle or vessel. The word used in the current law is "secured" instead
    of "closed."

    The more I think about it, the more it is actually pretty funny: McAuliffe
    has played Bloomberg for a sucker! Mcauliffe's VETO CHANGES NOTHING!

    Remember that our Governor hails from New York and is clearly more than a
    little liberty and freedom challenged. He had zero legislative experience
    prior to being elected and has no idea about what Virginians expect from him
    when it comes to protecting our right to keep and bear arms.

    It gets better: because of a technicality in how the House handled voting
    down the Governor's attempt to require the compartment or container be
    locked, it's possible that HB 962 may not be brought up during the veto
    override session in April. Why is that good? Because the legislative
    record now shows that both the Senate and the House voted overwhelmingly for
    the clarification and that the House overwhelmingly and specifically
    rejected the Governor's "locked" wording (the Senate didn't have to take the
    issue up since the House already rejected the wording change). That
    actually strengthens our position and is a good place to leave things for
    now.

    BOTTOM LINE: Current law stands, so storing a loaded handgun in a CLOSED
    compartment or container in a vehicle remains legal for all gun owners.


    SOME HISTORY

    Delegate Ben Cline's introduced HB 962 at VCDL's request. The idea was to
    avoid false arrests by police officers who might erroneously think that
    "secured" means "locked," even though an Attorney General, the Courts, and
    the General Assembly have said that it does NOT mean locked, but CLOSED.

    Such false arrests have happened, BTW, and VCDL felt that this bill was
    needed.

    But, it looks like the Governor wants people to sue the pants off localities
    over such false arrests rather than just make sure they don't happen.

    So be it - ignorance of the law is no excuse to falsely arrest someone.

    PRESS COVERAGE

    Thanks to member Kevin Hix for the link:

    From pilotonline.com: http://tinyurl.com/pggbyqt

    Gov. McAuliffe uses first veto on "guns in cars" bill By Julian Walker The
    Virginian-Pilot

    Gov. Terry McAuliffe's first use of the veto pen - on a gun rights bill he
    previously sought to weaken with an amendment - is more symbolic than
    substantive.

    While its effect doesn't change the law on storing guns inside a private
    vehicle, it's a clear reminder to McAuliffe's gun control base that he's in
    their corner.

    He vetoed Del. Ben Cline's HB962, intended to clarify that gun owners
    without concealed handgun permits can keep the weapons in their vehicles if
    they're secured in compartments that aren't locked. McAuliffe considers that
    broadened definition a public safety risk.

    An amendment from McAuliffe had required storage of weapons in locked
    containers but was rejected by the Republican-run House of Delegates earlier
    this month. Cline, R-Rockbridge County, has said the legislation is
    necessary to make it clear that a storage container needn't be locked to
    comply with the law.

    McAuliffe's veto is the final action on Cline's bill this year, legislative
    officials said.

    Ordinarily, bills vetoed or amended by a governor go back to the General
    Assembly for consideration, typically in April. Because the legislature
    rejected McAuliffe's amendment, however, members don't get a chance to
    respond to his veto.

    Normally, overriding a veto takes a two-thirds vote in the House and Senate
    - Cline's bill passed each by wide margins - and failure to reach that
    threshold in either chamber means the veto stands.

    Cline's goal was to update the "guns in cars" law from 2010, which created
    an exemption to Virginia's policy on concealed handgun permits to allow
    owners to store them in closed compartments inside private vehicles.

    That law initially specified that the container had to be locked. But an
    amendment from Gov. Bob McDonnell to one of the "guns in cars" bills
    softened its language so the compartment only had to be "secured."

    McDonnell didn't seek to amend a companion bill, leaving the "locked"
    wording intact.

    Gun rights advocates who perceive McAuliffe as unfriendly to their cause
    bristled at his proposed alteration to Cline's bill earlier this month.

    "The amendment is clearly meant to poke gun owners in the eye! Not a good
    way for McAuliffe to start off his tenure as Governor, but not unexpected
    either," the Virginia Citizens Defense League wrote in a March 4 email to
    members.

    McAuliffe's gubernatorial campaign in October received roughly $1.75 million
    in advertising support from Independence USA PAC, according to the Virginia
    Public Access Project, a nonpartisan tracker of money in state politics. The
    political committee started by former New York Mayor Michael Bloomberg spent
    the money on television advertising critical of former Attorney General Ken
    Cuccinelli's stance on criminal background checks before certain gun
    purchases.

    "I am disappointed that Governor McAuliffe's first use of the veto is in
    opposition to a bill defending the Second Amendment rights of law-abiding
    Virginians," Cline said in a statement. "The Governor is clearly listening
    to his friends in the gun control lobby instead of the majority of
    Virginians who support the Second Amendment."

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