Major gun
laws through 2004
that are not included in Edition 5
(Provided in PDF format to print out and include in your book.)
All other firearm updates,
which DO appear in the current edition
are provided below.
If you think it's an awful lot of updates for
rights
that are supposed to be uninfringed, you're not the first:
“It will be of little avail to the people
that the laws are made by men of their own choice, if the
laws be so voluminous that they cannot be read, or so incoherent
that they cannot be understood; if they be repealed or revised
before they are promulgated, or undergo such incessant changes
that no man who knows what the law is to-day can guess what
it will be to-morrow.” –James Madison, The Federalist
Papers, #62
UPDATE 5
The Virginia Gun Owner’s Guide
Changes to Edition 4 that appear in Edition 5.
VGOG Edition Five contains these changes to the
gun laws from the 2002 legislature. Link to the
state site for a description of the bill and a copy of the
bill text. The necessary changes are incorporated throughout the
new fifth edition. Pages with a “D” below indicate the
new law only affected Appendix D, the copy of the statutes, and
not the text of the book.
Bill Number -- Statute Affected -- VGOG Pg. -- Topic
Covered
H0118 ...... 59.1-148.3 ...... D ...... Retired cops buy service
guns for $1.
H0119 ...... 18.2-308.2:2 ...... 34 ...... Trading a gun while
purchasing a gun
H0223 ...... 18.2-308 ...... D ...... CCW fee exemptions for authorities
H0300 ...... 18.2-308.2 ...... D ...... Stun gun at home for felons
H0427 ...... 18.2-308.2 ...... D ...... Assault exemptions for
teachers
H0432 ...... 18.2-308.1:4 ...... 23 ...... Court order to surrender
CCW permit
H1058 ...... 18.2-308 ...... 55 ...... Permission for resident
military CCW
H1120 ...... 18.2-31 ...... D ...... Murder and other definitions
S0023 ...... 18.2-308 ...... D ...... Corp. Comm CCW exemption,
reciprocity
S0060 ...... 29.1-530.1 ...... 125 ...... Blaze orange hat w/other
brim color OK
S0074 ...... 29.1-301 ...... D ...... Trout license
S0341 ...... many ...... 119 ...... Firearms definitions changed
S0593 ...... 15.2-915 ...... 83 ...... Close loopholes to preemption
S0655 ...... 16.1-278.9 ...... D ...... Delinquent driver delay
raised 3 months
VGOG Edition Five contains these changes to the
gun laws from the 2001 legislature. Link to the
state site for a description of the bill and a copy of the
bill text. The necessary changes are incorporated throughout the
new fifth edition. Pages with a “D” below indicate the
new law only affected Appendix D, the copy of the statutes, and
not the text of the book.
Bill Number -- Statute Affected -- VGOG Pg. -- Topic Covered
H0247 ...... 18.2-280 ...... 27 ...... Firing guns on or near
schools
H0329 ...... 18.2-57.02 ...... 113 ...... Disarming an officer
H0395 ...... 18.2-308 ...... 58 ...... Court needs Sheriff or
Police report (CCW)
H1587 ...... 22.1-278.1 ...... D ...... Virginia Center for School
Safety
H1624 ...... 18.2-308.1 ...... 27 ...... Carrying knives
H1897 ...... 29.1-301 ...... 120 ...... Landowner’s parents
exempt (hunt license)
H2130 ...... 18.2-308 ...... 39, 56 ...... Improved reciprocity;
some definitions
H2204 ...... 19.2-123 ...... D ...... Bonds felony or misdemeanor
arrest
H2304 ...... 29.1-521 ...... 121 ...... Hunting license gun denial
H2327 ...... 18.2-308.2 ...... D ...... Stun guns for felons at
home
H2546 ...... 29.1-301 ...... 120 ...... Hunting license for Indian
tribes
H2610 ...... 37.1-67.3 ...... D ...... Gun eligibility records
for mental cases
H2610 ...... 37.1-134.18 ...... D ...... Incapacity restoration
H2623 ...... 18.2-308 ...... 58 ...... Digital fingerprints preferred
for CCW
H2795 ...... 16.1-285.1 ...... D ...... Juvenile or family court
jurisdiction
S1022 ...... 22.1-278.1 ...... D ...... Tornado planning, School
Safety Center
S1353 ...... 18.2-308,1:4 ...... D ...... Protective orders from
other places
Price ($14.95) and page count (256) remain the same. For an order
form, click here.
ISBN: 1-889632-10-4, Edition 5.
THE VIRGINIA GUN OWNER'S GUIDE ´ UPDATE 4
Changes to Edition 3 that appear in Edition
4
Minor adjustments in pagination, grammar and other
subtleties are not noted.
Virginia's gun laws grew in 2000 by 6.7%, to a total
of 36,486 words.
Page:
2 Now the 4th edition, ISBN 1-889632-06-6,
copyright 2001.
3 Table of contents updated as needed.
20 There are now 88,584 words of federal
gun law. 28 Û22.1-277.01 now includes school vehicles as school
grounds. Û22.1-280.1 now includes incidents of carrying explosives
or shooting of a person, while on school property, bus or activity.
29 School firearm incident reports must now
be released to the public, in addition to the department of education.
Information on certain offenses in addition to firearms may be
released by school officials under relaxed requirements, for police/school
data sharing, and staff has limited immunity in making such reports.
30 Dealers must now agree to state approval and taxation in addition
to federal controls and taxation in order to transfer firearms
to the public.
41 The reciprocity info is updated and a
sentence is added: "Instead of a protected right to keep
and bear arms, your rights as an American have been reduced to
a short list of government approved states for licensees only,
under the infringement of reciprocity schemes."
42 Under Û19.2-120, bail can be denied in
gun-related incidents.
57 Your social security number cannot be
legally placed (Û18.2-308) on your carry permit (but it has reportedly
been done in some places).
72 Note that the phrase "explosive material"
is defined under Û18.2-85 to include "gunpowder" (a
word usually reserved to connote "black powder," a mixture
of sulfur, charcoal and potassium nitrate, which is an explosive)
and to "smokeless powder," (a nitrocellulose compound
which is a propellant, not an explosive, used in most modern cartridge
ammunition). Fire Services Board regulations, and the Fire Prevention
Code, under Û27-97, regulate the handling, storage and use of
"explosives or blasting agents."
84 Cities and counties have an exemption
for taking of nuisance deer under Û29.1-529. Affects both Û15.2-1113
and Û15.2-1209.
109 A note is added at the end of the Deadly
Force and Self Defense chapter. "Many factors make relying
on the legal argument of self defense a risky business. Yes, it
is the law, and people are acquitted under it, but remember that
justice is not always served. Remember that you are only justified
if the authorities or a jury agree, after the fact, that you were
justified. Remember that a prosecutor's role is to work hard to
convict, regardless of your guilt or innocence. The pursuit of
high conviction rates may lead to what some would consider dirty
lawyer tricks, with your fate on the line. Months and even years
can pass with your freedom hanging in the balance. Popular folk
wisdom says it's better to be tried by twelve than carried by
six, and there's another old saying that also has some merit here,
'Better a criminal goes free than a lien on your home.' It is
admittedly a very tough and risky choice."
113 Lasers. Shining a laser or simulated
laser on a peace officer, as defined in Û18.2-57.01, is a class
2 misdemeanor. Use of Force by Teachers. Assault charges do not
apply to a teacher, acting in an official capacity, who uses reasonable
and necessary force in self defense, defense of others, or to
disarm students (Û18.2-57). 131 FBI fingerprint cards are reportedly
saved until the applicant reaches 99 years of age.
132 Although a national firearms registry
is against the law, authorities are increasingly able to easily
determine which people have chosen to own firearms.
135 The Justice Dept. was unsuccessful in
its attempt to levy a tax on Brady background checks.
137 This section is tuned to meet current
situation. The Brady Law Part 2-National Instant Check: The Brady
Law requires the U.S. Attorney General (AG) to establish a National
Instant Criminal Background Check system (NICS) before Nov. 30,
1998 (which they did). With NICS now in effect, the previous process
(now listed in small type) is eliminated.
In order to transfer any firearm, not just handguns,
with the NICS system is in place, a dealer must verify your identity
from a government-issued photo-ID card, contact the system (based
in Clarksburg, W. Va., run by the FBI), identify you and either:
´ get a unique transfer number back from the system,
or
´ wait three days during which state offices are
open and during which
NICS provides no notice that the transfer would
violate relevant laws. Virginia has been designated a "Point
of Contact" state by the FBI. This means that dealers here
contact the State Police for all gun sales, as they have been
doing for years. The instant check then automatically includes
a check of the federal NICS system, and the process is transparent
to Virginia's buyers. In most states, the dealer must contact
the FBI directly.
The NICS system is required to issue the transfer
number if the transfer would violate no relevant laws, and it
is supposed to immediately destroy all records of approved inquiries
except for the identifying number and the date it was issued.
The FBI, however, has decided to record the name and address of
everyone who buys a gun now that the system is running, and Congress
has been unable to stop them so far. If the transfer is approved,
the dealer includes the transfer number in the record of the transaction
(on a redesigned version of the 4473 form). The NICS system is
bypassed under conditions similar to 2, 4 and 5 listed above (in
small type) as exceptions to the Brady process (with number 2
broadened to include "firearms" permit).
A licensed dealer who violates these requirements
is subject to a civil fine of up to $5,000 and suspension or revocation
of their license, but only if the system is operating and would
have shown that the customer would have been ineligible to make
a purchase (as set forth in 18 USC 922(t)(5)).
139 The final FBI NICS regulations have been
published and are posted on our website at gunlaws.com. A person
under a domestic violence restraining order is barred from purchase
or possession of firearms. 146 An updated chart on the growth
of federal gun law shows a 5,000-word increase from 1996 to 1999.
The last federal gun law passed in 1999, an omnibus bill that
by itself increased federal gun law 6%, has provisions for NICS
funding, gun-law enforcement funding, gun safety devices sold
at retail, public gun safety training funding, restrictions on
aliens, NICS record-keeping and tax prohibitions, shotguns and
certain antiques redefined, undetectable gun law reenactment,
relief for importers, a pawn shop NICS glitch fix, the Arms Control
and Disarmament Agency disbanded with duties moved to the State
Dept., and a special ban on using the U.S. global arms control
and disarmament agenda against the public.
185 Appendix D. The laws are updated through
2000. Link to the latest statutes on our website, gunlaws.com.
187 Gun law grew in 2000 by 6.7%, to a total
of 36,486 words. The 18 statutes affected include: Û15.2-915.1;
Û15.2-1113; Û15.2-1113.1; Û15.2-1209; Û16.1-278.8; Û16.1-278.9;
Û18.2-10; Û18.2-57; Û18.2-57.01; Û18.2-85; Û18.2-308.2:3; Û19.2-120;
Û19.2-123; Û22.1-277.01; Û22.1-280.1; Û29.1-529; Û55-248.9; Û59.1-148.3
The bills responsible for the changes in this update
are listed below.
"´" indicates effects Appendix D only
(no change to book text).
SB 660 391 59.1-148.3 ´ Cop CCW and buy service
gun
Copyright 2001 Alan Korwin All rights reserved
BLOOMFIELD PRESS
4848 E. Cactus, #505-440 ´ Scottsdale, AZ 85254 ´
602-996-4020 ´ 1-800-707-4020
gunlaws.com
CHANGES TO EDITION 2 THAT APPEAR IN EDITION
3
The Virginia legislature was active on gun issues
in 1998 and 1999, increasing Virginia gun law by 4.4% and 5.8%
respectively, to a new total of 34,184 words of gun law. The results
are summarized below, and are contained in their entirety in edition
3 of The Virginia Gun Owner's Guide.
Page
2--Edition 3, Copyright 1999, we are on the web at gunlaws.com
3--The Table of Contents was updated as
needed.
11--In the first line of the second full
paragraph, change "state laws" to "statutes," for precision.
13--This is now the Third Edition.
14--Change "citizens" to "people," for precision.
18--Tweak the language describing constitutional
amendment to comport with our other gun owner guides.
19--Statutes renumbered: §15.1 is now
§15.2, §17.1 is now §17.2.
23--Item 6, add a court order against stalking
to list of prohibitions.
26--Juveniles must make at least partial
restitution for harm done with guns under §16.1-278.8.
27--Gun-Free School Zones laws have grown
and changed in Virginia. The VGOG entry (except its first two
paragraphs) have been redone:
Merely having a gun on the premises of a public
or private elementary, middle or high school is a class 6 felony
under §18.2-308.1. School buses are included, as is any property
used for school-sponsored functions while the function is taking
place. Possession of other types of weapons such as knives with
a metal blade three inches or longer, tasers, brass knuckles or
blackjacks is punishable as a class 1 misdemeanor. Unloaded firearms
in a closed container in a motor vehicle and unloaded rifles and
shotguns in the firearm rack of a motor vehicle are allowed under
this law. Also allowed are weapons in a school-sanctioned program.
With regard to knives, exceptions are made for food utensils as
long as they're used that way, blades used for business purposes,
knives in vehicles, or as part of school activities or approved
programs, and for the proper authorities.
Under §22.1-277.01, a student who has a firearm
on school property or at school sponsored activities may be expelled
for one year. This statute uses an expanded definition of firearms
to include the frame or receiver of a firearm, a silencer or any
destructive device. Other discipline, or no action, may be taken
at the discretion of school officials, and school boards may establish
their own guidelines. Possession of a firearm as part of a school-sponsored
program is allowed.
Unloaded, cased firearms in a motor vehicle and
unloaded rifles and shotguns in the firearm rack of a motor vehicle,
a formerly legal and widely used exemption under this law, was
outlawed in 1999. At the same time, school officials were given
more discretion in taking action, or not, towards students. The
result is that the familiar motor vehicle exemptions protect you
against criminal charges under §18.2-308.1, but students
could be expelled, subject to school board policy, under §22.1-277.01.
Any county, city or town may prohibit any shooting,
hunting or carrying loaded firearms while hunting, within 100
yards of a school, as a class 4 misdemeanor under §29.1-527.
Before admitting a student to a public school,
the school board must require the parent or guardian to provide
a sworn statement indicating whether the student has ever been
expelled from a public or private school for a firearm offense.
Making a false statement is a class 3 misdemeanor under §22.1-3.2.
The document becomes part of the student's permanent record. In
addition, the superintendent of a school division is notified
by the authorities, as soon as possible by phone, when a juvenile
is charged with a serious gun crime (§16.1-260), and in writing
within 15 days, by the court clerk, when a juvenile is found delinquent
or guilty of a serious firearm offense (§16.1-305.1).
All incidents involving illegal carrying of firearms
on school property must be reported to the office of the principal,
under §22.1-280.1. All such reports must be submitted to
the school's division superintendent. The superintendents are
required to file annual firearm incident reports to the Dept.
of Education. A division superintendent who knowingly fails to
comply and make others comply faces sanctions described in §22.1-65.
Protection over juvenile criminal information is
relaxed in cases where firearm offenses are involved, so that
police and school principals can share information and make reports
required by law (§22.1-280.1). A judge may release the name
of a juvenile over 14, if charged with a weapon-related offense
that would be a felony for an adult, see §16.1-309.1.
A juvenile who uses a gun to knowingly attack a
teacher or other school personnel faces a mandatory minimum six-month
sentence of confinement, as required by §18.2-57.
Introduced in 1999, schools must now have written
emergency plans for dealing with a long list of natural and instigated
disasters, including criminal attacks and threats with firearms
and other weapons, see §22.1-278.1.
30--Paragraphs rearranged for better continuity.
33--The FBI's National Instant Background
Check (NICS) is now part of the Virginia Instant Check system.
35--You can buy and take possession of a
long gun out of state if the sale is legal and face-to-face with
a licensed dealer.
38--Additional observation regarding interstate
travel: The chilling conclusion is that the Constitution no longer
constrains law-making as it used to, and the government has rights
to travel that the people do not.
41--Firearms must be legal at your destination
to transport them by common carrier. While it's legal to give
custody of firearms to specified authorities on common carriers,
those individuals are not required to accept custody.
42--You can be barred from having a gun
as a condition of release on bail, under §19.2-123.
43--§15.1-133.01.1 is now §15.2-1721
(guns unclaimed for more than 60 days).
50--Passed in 1999, it is now legal to carry
concealed in your place of business without a permit.
54--Police with permits can carry concealed
while on duty at restaurants or clubs where liquor is served.
55--You cannot reapply for a permit for
five years if it is revoked for carrying while intoxicated or
on illegal drugs.
--Qualification for a permit
includes current military service or an honorable discharge.
56--The correct citation for item 1 is §18.2-308.1:1.
57--Disqualification includes conviction
for possession or distribution of illegal drugs in the prior 3
years.
57--The carry permit application requires
your social security number, but it cannot be put on the permit
itself.
58--§17-47.4 is now §17.1-213;
§17-116.05.1 is now §17.1-406. Appeals to the Court
of Appeals can be made within 60 days (formerly 30). If you are
denied a permit renewal, you are entitled to a formal hearing.
59--In 1999, the State Police were authorized
by law to charge fees to federal agencies (except for the FBI)
for access to the VCIN system. According to the Virginia legislative
website, 76 federal agencies currently have access to VCIN information
(where permit holders are listed).
61--The growth of prohibited places has
given rise to the phrase "infringement creep."
62--§15.1-29.15 is now §15.2-915.
65--Carry without a permit is now allowed
in your own business.
67--Same as 65.
73--NFA weapons, destructive devices and
'prohibited' weapons are frequently but inaccurately called illegal
guns (special conditions apply to their ownership and possession).
Guns with a bore greater than one-half inch (except regular shotguns)
are technically known as destructive devices.
83--§15.1-29.15 is now §15.2-915.
84--Enabling laws have been renumbered and
modified:
§15.2-916. Allows any locality to control
the shooting of all forms of bow and arrow, including crossbow,
with an exception for toys;
§15.2-917. Prohibits holding a shooting range
to noise control standards more restrictive than the ones in place
when construction of the range was approved. The effect of this
statute is to protect ranges from being "zoned" out of business
by changing noise ordinances.
§15.2-918. Allows any locality to control
air cannons and similar loud explosive devices designed to repel
birds.
§15.2-1113. Allows municipal corporations
to regulate or prohibit: 1-any dangerous, offensive or unhealthful
business, trade or enterprise (these and other terms of this law
are not specifically defined); 2-transportation of any offensive
substance; 3-the manufacture, storage, transportation or possession
and use of any explosive or inflammable substance; 4-the use and
exhibition of fireworks; and 5-the discharge of firearms. Also
allows such cities to require safety devices on storage equipment
for such items.
§15.2-1206. Allows the governing body of any
county to impose a license tax of up to $25 on a handgun dealer.
§15.2-1207. Allows counties to require sellers
of handguns to report the sale to the clerk of the circuit court.
The report may require the name and address of the buyer, the
date of purchase, and the number, make and caliber of the handgun.
The county may require the report within ten days of the sale,
and the court clerk must keep a record of the reports.
§15.2-1208. Continues in effect the law known
as Chapter 297 of Acts of 1944 that requires permits to sell or
buy handguns in any county with a population density of more than
1,000 people per square mile. Currently, this appears to affect
only Arlington and Fairfax counties.
89--The city examples provided are as of
1998.
93--The local ordinance samples are as of
1998.
99--Tweak the language describing use of
deadly force to comport with our other gun owner guides.
--Using lethal force is so risky
legally it is yet another reason to avoid it if at all possible
-- for your own safety.
--On the cover of this book is
the question, "When can you shoot to kill?" The unasked part of
the question is, "...and expect to be justified under the law."
You cannot know this ahead of time.
--An argument can be made against
the whole notion of shoot to kill on moral and legal grounds.
In a true self-defense case, your goal -- your intention and mental
state -- is not to kill, but to protect. Shoot to stop, or shoot
to neutralize the threat, are other ways of saying it.
--Shooting at another human being
is a last resort, reserved for only if and when innocent life
truly depends on it. If it doesn't, don't shoot. If it does, don't
miss.
108--Although deadly force can be used in
certain instances involving violent felonies, remember than an
act is a "violent felony" only after a court says it is.
110--Discharging a firearm in a public place
becomes a class 6 felony if bodily injury results.
126--It's illegal to possess a firearm while
helping others to hunt, if prior to the hunt you reached certain
season limits (§29.1-521).
133--Federal gun laws now include: Omnibus
Consolidated Appropriations Act for FY 1997 (Domestic Violence
Gun Ban, Gun Free School Zones); Omnibus Consolidated & Emergency
Supplemental Appropriations Act, 1999 (numerous requirements detailed
later in this update).
135--The Brady Law. Enacted in 1993 as the
Brady Handgun Violence Prevention Act, the Brady law in reality
turned out to be five things:
Centralized federal control over all handgun and long gun retail
sales;
A $200 million funding mechanism for a national computer system
capable of checking out any individual from a single FBI location;
The establishment of a national ID card requirement (based
on drivers' licenses and social security numbers) for all original
firearm purchases;
The most thorough commerce tracking system on earth, initially
only for retail sales of firearms in America; and
A mechanism for preventing known criminals from directly purchasing
firearms at retail and paying sales tax.
The widely publicized five-day waiting period was largely a myth,
and never existed in most states (Virginia never had one). The effect
of the Brady law on crime reduction is essentially unknown, since
the 250,000 criminals reportedly identified by the system (the number
is hotly disputed) are on the loose -- virtually no effort to track
or apprehend them has been made. It is a five-year federal felony
for criminals and other disqualified persons to attempt to purchase
a firearm.
Part 1 of the law, the handgun part, expired 60 months
after enactment, and is now described in the book text in small
type (it expired Nov. 30, 1998). Brady Part 2, the National Instant
Background Check (dubbed NICS by the FBI, who has replaced BATF
to operate the system), controls rifles, shotguns and handguns,
and is described as it appears in the federal statute. Complex regulations
to implement the new law, which are basically transparent in this
state, are not covered (available in their entirety on the FBI and
BATF Internet sites).
The FBI's use of the Brady NICS computer system to
record the name and address of every retail gun buyer in America,
in apparent violation of long-standing law (strictly forbidden in
both the McClure Volkmer Act, 1986, and the Brady law itself), has
prompted outcries from the public and Congress, but continues unabated.
In addition, the Justice Dept. seeks to levy a tax on the sale of
firearms, and give the funds to the FBI, with no apparent authority
to do so (taxes are supposed to originate in Congress). States that
agree to cooperate with the FBI, as Virginia has done, would avoid
the tax on its licensed dealers. (The tax has been temporarily stopped
by Congress).
For updates and detailed analysis of the complex
Brady machinations, check our website, www.gunlaws.com.
137--The Brady Law Part 2 -- National Instant
Check: The Brady Law requires the U.S. Attorney General (AG) to
establish a National Instant Criminal Background Check system (NICS)
before Nov. 30, 1998 (this was accomplished). Once this is in effect
(30 days after the AG notifies all FFLs that the system is running
and how to use it), the previous process is eliminated. In order
to transfer any firearm, not just handguns, when the NICS system
is in place, a dealer must verify your identity from a government-issued
photo-ID card, contact the system (based in Clarksburg, W. Va.,
run by the FBI), identify you and either:
get a unique transfer number back from the system, or
wait three days during which state offices are open and during
which the system provides no notice that the transfer would violate
relevant laws.
Virginia has been designated a "Point of Contact"
state by the FBI. This means that dealers here contact the State
Police for all gun sales, as they have been doing for years. The
instant check will then automatically include a link to the federal
NICS system, and the process will be transparent to Virginia's buyers.
In most states, the dealer must contact the FBI directly.
The NICS system is required to issue the transfer
number if the transfer would violate no relevant laws, and it must
destroy all records of approved inquiries except for the identifying
number and the date it was issued. The FBI, however, has indicated
they are recording the name and address of everyone who buys a gun
now that the system is running, and Congress has been unable to
stop them so far. If the transfer is approved, the dealer includes
the transfer number in the record of the transaction (on a redesigned
version of the 4473 form). The NICS system is bypassed under conditions
similar to 2, 4 and 5 listed as exceptions to the Brady process
(with a permit such as Virginia issues for concealed carry, with
a background check such as Virginia uses, and in places so remote
that checks are impossible (no such places exist). (VGOG editions
2 and 3 have details on p. 136).
A licensed dealer who violates these requirements
is subject to a civil fine up to $5,000 and suspension or revocation
of their license, but only if the system was operating and would
have shown the customer would have been ineligible to make a purchase.
If you are denied a firearm under NICS, the law says
you may request the reason directly from NICS and it must present
you with a written answer within five business days. You may also
request the reason from the AG, who must respond "immediately,"
according to the law. You may provide information to fix any errors
in the system, and the AG must immediately consider the information,
investigate further, correct any erroneous federal records and notify
any federal or state agency that was the source of the errors.
139--Item 2 should say "Possession" not "Purchase"
for people under a domestic violence restraining order.
142--The full name of the act described is
"Omnibus Consolidated Appropriation Act for 1997."
--In effect, the Gun-Free School
Zones law criminalizes the actions of nearly anyone who travels
in a populated area with a legally possessed firearm, creating millions
of federal offenses every day. In stark contrast, none of the 6,000
students who brought weapons to school in 1997 were prosecuted.
143--A number of narrow conditions may exempt
people from this law, including whether they were represented by
an attorney, the type of trial and plea, an expungement or set aside,
or a pardon or other restoration of civil rights. Because courts-not-of-record
often handle such offenses, such determinations may not be possible.
The current congressional practice of placing unrelated
laws in larger acts, to get them passed without debate (or unnoticed),
has raised concerns among many observers. This law, known as the
Lautenberg amendment, is an extreme example.
It caught both firearms-rights advocates and adversaries
by surprise. The law is drafted broadly, affecting sworn police
officers nationwide, the armed forces, and agencies such as the
FBI, CIA, Secret Service, Forest Service and others, most of whom
are accustomed to being exempted from such laws. Many of these groups
are currently battling to get themselves exempted from the law.
They don't believe they should be prevented from defending themselves
or others because of prior minor infractions. Some police departments
have had to lay off officers who are in violation.
So many problems exist with respect to this legislation
that it has raised concerns unlike any recent act of Congress. Indeed,
some members reportedly were told before voting that this language
had been deleted from the final version, and the vote was held before
copies of the 2,000-page act were available for review. Experts
close to the issues cite numerous constitutional conflicts, including:
It is ex post facto - passed after the fact to affect your
former actions (prohibited by Art. 1, Sec. 9);
It impacts the right to keep and bear arms (2nd Amendment);
Legally owned property becomes subject to automatic seizure
(prohibited by the 4th Amendment);
It holds people accountable to a felony without a Grand Jury
indictment, represents a second punishment for a single offense
creating a double jeopardy, and it requires dispossession of personal
property without compensation or due process (all prohibited by
the 5th Amendment);
It denies your right to be informed of an accusation, and to
counsel and a public jury trial, because an existing misdemeanor
now automatically creates a federal felony (prohibited by the
6th Amendment);
Using a misdemeanor (a minor infraction) instead of a felony
(a serious crime) to deny civil rights may be cruel and unusual
punishment (8th Amendment);
Family conflicts, an issue at the state level, become federalized
(prohibited by the 10th Amendment); and
It denies due process, abridges the rights of U.S. citizens
by state law, and denies equal protection under the law (violates
14th Amendment guarantees).
Domestic violence has no single definition at the
state level. Some states' laws require the arrest of at least one
party if the police respond to an apparent domestic-violence report.
This raises all the issues of judicial process and plea-bargaining
after an arrest. A parent who pays a small fine rather than endure
a long expensive trial can now face a federal felony; domestic violence
pleas have been a standard ploy in divorce proceedings for decades;
these charges now deny your right to keep and bear arms, to vote,
to hold office and more.
An analogy to cars crystallizes this law's affects.
It is as if a former speeding ticket were now grounds for felony
arrestæif you own a car or gasoline. When a law is scrutinized for
constitutionality it is typically held up to a single constitutional
provision. The eight constitutional issues in this short piece of
legislation may set a record.
143--Omnibus Consolidated & Emergency Supplemental
Appropriations Act, 1999. This 4,000-page budget bill was secretly
drafted in committee, rushed to the floor of Congress, voted on
two days later, and enacted in October 1998 without any of your
representatives actually reading it. It increased federal gun law
by almost 6%, with provisions for NICS funding, gun-law enforcement
funding, gun safety devices sold at retail, public gun safety training
funding, restrictions on aliens, NICS record-keeping and tax prohibitions,
shotguns and certain antiques redefined, undetectable gun law reenactment,
relief for importers, a pawn shop NICS glitch fix, the Arms Control
and Disarmament Agency disbanded with duties moved to the State
Dept., and a special ban on using the U.S. global arms control and
disarmament agenda against the public.
189--The statutes in Appendix D have been
brought up to date through the end of the 1999 Virginia legislative
session, with changes made throughout.
From Appendix D Intro:
Total numbered statutes of Virginia gun law: 169;
Growth in Virginia gun law, by word count:
Don't Take Chances With Partial Or Out-Of-Date
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Copyright 1999 Alan Korwin All rights reserved
Contact:
Alan Korwin BLOOMFIELD PRESS
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VIRGINIA ESCAPES NEW FEDERAL GUN
TAX FBI To Levy
Tax By End Of Year
Only 20 States Exempted;
$13–$16 May Apply to
Retail Gun Sales
Under the general banner of crime reduction, and citing the Brady
law for its authority, the FBI has plans to tax the retail sale
of handguns and long guns, starting Nov. 30, if their new computer
systems are ready in time and no one stops them. The proposed tax
could generate $1 million per week nationally, based on the bureau's
estimates. Detailed information is included in a report just issued
by Phoenix-based Bloomfield Press, a book publisher specializing
in gun law [Ed.: Summary of Findings on request and website].
Perhaps more significant than a surprising new tax from the Justice
Department—without any apparent Congressional approval—is
the FBI's announced plans to record complete identifying information
on every person who purchases a firearm from a licensed dealer.
Any regulation that requires such recording has been prohibited
under the McClure-Volkmer Act since 1986. Neither the tax nor the
gun-buyer registration scheme appear to be legal, according to Alan
Korwin, co-author of The Virginia Gun Owner's Guide. Korwin
has written seven books on gun law. His Virginia guide contains
the state's gun laws word-for-word and in plain English.
The federal registration and tax plan are being rolled out under
the guise of the National Instant Check System, required when Part
1 of the Brady law expires this year. Under Brady Part 2, all retail
handgun and long gun sales will have to run through the system,
which the FBI has based at its Clarksburg, W. Va., data center.
They are hiring 500 people to handle the anticipated load.
The FBI intends to waive the tax for any state that sets up an
FBI-approved central firearms clearance center. Virginia's long-standing
instant check system has been approved, placing its state police
under a degree of FBI control. In other states, each dealer will
have to "enroll" with the FBI to legally make a sale,
and pay the tax on every purchase. The Bureau will accept credit
cards or will arrange to bill dealers, and those who don't pay (or
are real late on the invoice) will be literally out of business.
Several authorities have indicated that they expect enough clamor
from the taxed dealers to compel their states to comply. When 100
Arizona dealers were told at a government meeting in June, that
they would not be taxed, they cheered, apparently oblivious to the
implications of federalizing their local police.
###
CHANGES TO THE FIRST EDITION
This update released: November 3, 1997
The information presented here brings the first edition of The
Virginia Gun Owner's Guide (VGOG) up to date through the close of
the 1997 Virginia legislative session.
The basic rules for gun ownership, possession and use remained
the same, but numerous subtle changes were made during the last
legislature, as you can see from the information below.
To determine which edition of the book you have, look at the bottom
of the second page. The series of backwards numbers you'll find
there is known as the print code line. The lowest number in that
line is the edition number. At the time of this update, there is
only one edition in print; your book will have a number "1"
at the end of the line. The second edition will have a "2"
as the last digit. It is scheduled for release in 1998, and
may include changes not shown here.
VGOG Statutes affected in 1997 legislature: ß15.1-29.15;
ß18.2-51.1; ß18.2-287.2; ß29.1-301;
ß18.2-308; 18.2-308.2:2; ß29.1-300.1;
ß37.1-129 (full text of these statutes)
VGOG
PAGE 32--The Dept. of State Police is not required to respond
to dealer background checks on Dec. 25th, and that day will not
be counted in determining the "dealer's next business day."
51--Unlicensed concealed carry for "the proper authorities"
is expanded to include retired local law-enforcement officers who
have served at least 15 years of duty, and local and state police
officers who are retired for a service-related disability.
53--New concealed-handgun permits, and permit renewals,
are valid for five years (formerly two years).
54--Tax limits for permits: The government may not charge
you more than $50 for a total application. You may be charged up
to $35.00 for the background check, which includes fees charged
by the FBI.
In order to curb abuses, courts are now required to accept
the same payment methods used for all other fees and penalties.
The tax, called a "fee," must be accepted in one payment
by the person accepting the application. The tax cannot be
required until the entire application is accepted.
Serious problems with concealed carry in liquor-licensed
facilities have been corrected. The restriction on carry in
any liquor-licensed business or special event has been changed:
it is illegal to carry a concealed handgun into a restaurant or
club licensed to sell and serve alcohol for on-premises consumption.
A club is defined as a private non-profit organization operated
for a national, social, patriotic, political, athletic or similar
purpose. The owner, event sponsor, or their employees may
carry while on duty if they have a concealed-handgun permit.
56--Circuit Courts are required to consult with law enforcement
authorities and receive a report from the Central Criminal Records
Exchange in order to issue a permit; the Central Criminal Records
Exchange is required to notify the court that issued your permit
if you become ineligible because of any disqualifying factor.
In item 7 (disqualifying misdemeanors), the three-year period
has been increased to five years.
57--No form other than the one provided by the State Police
can be used for a concealed-handgun permit, making the application
uniform statewide.
Fingerprinting for a concealed-handgun permit is not required
by state law, though many localities took it upon themselves to
make such a requirement. Now, §18.2-308 authorizes counties
or cities to pass an ordinance requiring fingerprinting for a concealed-handgun
permit if they wish. If fingerprints are required, you must
submit them along with a physical description for use by the FBI
through the Central Criminal Records Exchange.
After the record check, the State Police must return the fingerprint
card to the local agency. The local agency must promptly notify
you that you have 21 days to request the return of your card.
Cards not claimed within 21 days must be destroyed, as a gesture
to prevent the authorities from compiling records on people who
have not committed crimes. Fingerprints taken under this program
may not be copied, held or used for any other purpose. It's
not clear whether this state requirement is binding on federal authorities.
A concealed-handgun permit shall be issued within 45 days
of the application, even if the record check is not complete. The
court must revoke the permit if the record check later shows the
applicant is disqualified.
58--Reciprocity. Virginia has joined the national movement
to establish rights for its residents when they travel outside the
state, and to grant rights to others who visit the state, by adopting
a state-by-state reciprocal-agreement scheme. Concealed-carry
permits from other states will be valid in Virginia if: 1–There
is a way to instantly verify the validity of the permit 24 hours
a day; 2–Qualifications for the permit are "substantially
similar to or exceed" the Virginia requirements, as determined
at the discretion of the authorities; 3–The other state has
entered into an agreement to grant reciprocity to people with a
Virginia concealed-handgun permit.
The State Police are required to work with the Attorney General
to determine if any states qualify for reciprocity. The State Police
will maintain the list of states they deem qualified and make it
available as part of the Virginia Criminal Information Network.
It is already well known that many states will not qualify.
Studying the laws of your home state (a common permit requirement)
hardly prepares you for, and is typically quite different from,
the laws of any other state. In such cases the authorities
will have to ignore the "substantially similar" requirement
to declare matches. The "meets or exceeds" requirement
sounds good but is a virtual roadblock with any state that exceeds
Virginia requirements, because they would meet our terms but we
would not meet theirs. Texas, for example, requires a 50-shot
marksmanship test, with every shot timed, and a 175 score out of
a possible 250. (Virginia has no specific shooting-test requirement).
A total of 49 "agreements" between the states would
be required to allow Virginians to exercise their rights nationwide.
To link all states to all other states under this plan would require
1,225 deals, but that number would be reduced by the number of states
that have no government registration system for concealed-carry
permit holders, eliminating them from possibly qualifying.
Federal legislation has been introduced to grant some relief,
but the idea of federally "allowed" right-to-carry, for
government license holders only, has a chilling effect; and unlicensed
people would have no rights under such plans. The cleanest
approach may be a return to the fundamental rights, nearly forgotten,
that if you have a gun, you're not a criminal, and the gun isn't
illegal, then that is not a crime and there are no grounds for arrest
or harassment. This has been proposed as the American
Historical Rights Protection Act.
61--Item #4—Concealed-handgun permit holders are prohibited
from carrying a concealed handgun into any club or restaurant where
alcohol is sold and served for consumption on premises.
62--Item #9 (Chesapeake)—Changes have been made to the
preemption statute, §15.1-29.15, to protect honest people from
prosecution or conviction for transporting firearms through Chesapeake
and other localities with highly restrictive laws (see below). Despite
these changes, you may still be subject to arrest and have to prove
your innocence at a later time. Caution is advised in such
areas that do not maintain a high regard for personal rights, civil
liberties and constitutional guarantees.
75--(And also on page 81) A careful analysis by Beretta
Product Manager Gabriele de Plano reveals that the USAS-12 shotgun
is not prohibited under Virginia law.
83--One of the more important acts of the 1997 legislative
session was to strengthen the provisions of §15.1-29.15, the
preemption law. While local laws may remain in place under the revised
statute, such laws have had their teeth pulled. Under the new version
of §15.1-29.15, a person may not be prosecuted or convicted
under any local law that regulates transportation of a firearm if:
1–The person lawfully possesses the firearm and has a valid
concealed-handgun permit or; 2–the person is otherwise transporting
the firearm legally. In other words, the authorities only
have domain over the criminals, not the honest people.
This change to the law restores your ability to legally transport
a firearm in the state by eliminating various Second Amendment "infringement
traps" arbitrarily set up and run by local officials. Unfortunately,
the broad protection from prosecution or conviction is no guarantee
that you won't be arrested or detained for violation of a local
law by local law-enforcement street patrols.
120--Item #7–No license is needed for anyone aiding
a disabled person who is properly licensed and hunting.
NOTES:
• Copies of the updated statutes will
be printed in Edition 2 of The Virginia Gun Owner's Guide.
And from this page.
• It is legal to own and wear bullet-resistant garments,
but wearing such during the commission of specified crimes increases
the penalties.
• Other statute changes include: Extra penalty for
attack of a peace officer now includes attack of a firefighter;
a junior lifetime hunting license is now available; mental health
reporting requirement under ß37.1-129 has been repealed.
• Changed area codes in Appendix C will appear in the next
edition of the book.
• Send us a stamped self addressed envelope for future news
about updates.
Copyright 1997 Alan Korwin • BLOOMFIELD PRESS
4848 E. Cactus, #505-440 • Scottsdale, AZ 85254 • 602-996-4020
