April 20th, 2006 04:55 PM
VA Veto session results...
The Governor's veto of HB1106 (concealed carry in vehicle by those without CWP) was sustained. Keep hammering away.
HB370. Regulation of firearms by counties; hunting. Amends existing provisions related to regulation of firearms along public highways by clarifying that the provisions apply to hunting. The Governor wanted to make it not effective unless reenacted by the 2007 Legislature, but that recommendation was not accepted. The vote to reject the recommendation has been communicated to the Governor.
The Governor approved:
HB1265. Emergency services and disasters; constitutional rights. Provides that nothing in Chapter 3.2 of Title 44 relating to emergency services and disaster laws should be interpreted as allowing the Governor or any other governmental authority to limit the right to keep and bear arms pursuant to the Constitutions of Virginia and of the United States. These rights include the lawful possession, sale, and transfer of firearms. Effective 7/1/06.
HB1537. Condemnation; sport shooting ranges. Provides that no property that is within a sport shooting range shall be condemned except in accordance with general law. Owners of sport shooting ranges are allowed to relocate any condemned portion of their shooting range within the jurisdiction of the condemning authority. In addition, any sport shooting range that has relocated or any owner thereof shall have the same rights, powers, and privileges, with respect to such range, that existed prior to condemnation. This measure tracks language in º 25.1-105. Effective 7/1/06.
HB1577. Concealed handgun permits. Eliminates the ability of a locality to require an applicant for a concealed handgun permit to submit fingerprints as part of the renewal of an existing permit. The bill modifies the current law provision that a court may disqualify an applicant from receiving a concealed handgun permit based upon specific acts that indicate that the applicant would use a weapon unlawfully or negligently by adding a disqualifying conviction and allowing the personal knowledge of a deputy sheriff, police officer or assistant Commonwealth's Attorney to be the basis for the specific acts alleged by the sheriff, chief of police, or Commonwealth's Attorney. The bill adds a definition of personal knowledge and defines it as knowledge of a fact that a person has himself gained through his own senses or knowledge that was gained by a law-enforcement officer or prosecutor through the performance of his official duties. (effective)
A permit holder who changes his address must notify the issuing court of his change of address within 30 days. (effective 07/01/07, if budget appropriate is made)
The bill provides a 90-day grace period for a member of the armed forces to renew his concealed handgun permit if the permit expired during an active-duty military deployment. During the 90-day period, which begins when the person returns from deployment, the permit holder would be required to carry written documentation of the start and end dates of the deployment. (effective)
The bill requires the Department of State Police, in consultation with the Supreme Court on the development of the application for a concealed handgun permit, to include a reference to the Virginia Supreme Court website address or the Virginia Reports on the application. (effective)
Concealed handgun permits would no longer have to be renewed every five years if the Virginia State Police receive an appropriation sufficient to conduct a criminal background check on all valid concealed handgun permits annually. The bill creates a Class 6 felony for any person who knowingly is in possession of a revoked concealed handgun permit while in possession of a concealed handgun; this provision is also contingent upon an appropriation. (effective 07/01/07, if budget appropriation is made)
HB1577 is enacted and effective. The changes requiring a CWP permit holder to notify within 30 days of a move, and those related to the CWP no longer having to be renewed are subject to budget appropriations and will not take effect until 1 July 2007, if they take place at all. Requiring a budget appropriation for these elements to be enacted provides an easy out in the budget process - oops, we forgot to add anything to the budget, sorry...So, they can pass it without any real accountability, because those elements will simply not become effective depending on the details of the budget.
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