Virginia Citizens Defense League, Inc., P.O. Box 513, Newington, VA 22122
804-639-0600 • 703-372-3285 • 757-271-3705 • 540-446-5783

---

VCDL 2009 Legislation Tracking Tool

Bills We Strongly Support
Bill Summary	Bill Status
HB1587       Patron: Robert G. Marshall  -  all patrons                                           REAL ID Act; Commonwealth's participation. Provides that, with the exception of identification cards issued to employees of the Department of State Police and certain other law enforcement officers, the Commonwealth will not comply with any provision of the federal REAL ID Act that it determines would compromise the economic privacy, biometric data, or biometric samples of any resident of the Commonwealth. This bill is identical to SB 1431. VCDL Comments This bill opts Virginia out of Real ID. Real ID is a threat to privacy in general, but it is especially so to gun owners.	09/15/08  House: Prefiled and ordered printed; offered 01/14/09 093801616 09/15/08  House: Referred to Committee on Militia, Police and Public Safety 01/23/09  House: Referred from Militia, Police and Public Safety by voice vote 01/23/09  House: Referred to Committee on Transportation 02/05/09  House: Reported from Transportation with amendment (17-Y 3-N) 02/06/09  House: Read first time 02/08/09  House: Passed by for the day 02/09/09  House: Read second time 02/09/09  House: Committee amendment agreed to 02/09/09  House: Engrossed by House as amended HB1587E 02/09/09  House: Printed as engrossed 093801616-E 02/10/09  House: Read third time and passed House (88-Y 10-N) 02/10/09  House: VOTE: --- PASSAGE (88-Y 10-N) 02/11/09  Senate: Constitutional reading dispensed 02/11/09  Senate: Referred to Committee on General Laws and Technology 02/18/09  Senate: Rereferred from General Laws and Technology (9-Y 0-N) 02/18/09  Senate: Rereferred to Transportation 02/19/09  Senate: Reported from Transportation with substitute (15-Y 0-N) 02/19/09  Senate: Committee substitute printed 093877616-S1 02/23/09  Senate: Constitutional reading dispensed (40-Y 0-N) 02/24/09  Senate: Read third time 02/24/09  Senate: Reading of substitute waived 02/24/09  Senate: Committee substitute agreed to 093877616-S1 02/24/09  Senate: Reading of amendment waived 02/24/09  Senate: Amendment by Senator Cuccinelli agreed to 02/24/09  Senate: Engrossed by Senate - committee substitute with amendment HB1587S1 02/24/09  Senate: Passed Senate with substitute with amendment (38-Y 1-N) 02/24/09  Senate: Reconsideration of Senate passage agreed to by Senate (39-Y 0-N) 02/24/09  Senate: Passed Senate with substitute with amendment (39-Y 0-N) 02/25/09  House: Placed on Calendar 02/26/09  House: Senate substitute with amendment agreed to by House 093877616-S1 (97-Y 0-N) 02/26/09  House: VOTE: --- ADOPTION (97-Y 0-N) 03/09/09  House: Enrolled 03/09/09  House: Bill text as passed House and Senate (HB1587ER) 03/10/09  Senate: Signed by President 03/11/09  House: Signed by Speaker 03/30/09  Governor: Approved by Governor-Chapter 733 (effective 7/1/09) 03/30/09  Governor: Acts of Assembly Chapter text (CHAP0733)
HB1655       Patron: Charles W. Carrico, Sr.  -  all patrons                                           Control of firearms; award of court costs and fees. Allows a court to award reasonable attorney fees, expenses, and court costs to any entity that prevails in an action challenging an ordinance, resolution or motion as being in conflict with a locality's authority to control firearms pursuant to º 15.2-915. Attorney fees may also be awarded to the prevailing party in an action challenging an administrative action taken in bad faith as being in conflict with the section. This bill is identical to SB 1513. VCDL Comments This bill puts teeth in Virginia.s firearm preemption law. 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	12/12/08  House: Prefiled and ordered printed; offered 01/14/09 097759460 12/12/08  House: Referred to Committee for Courts of Justice 01/20/09  House: Assigned Courts sub: Criminal 01/21/09  House: Referred from Courts of Justice by voice vote 01/21/09  House: Referred to Committee on Militia, Police and Public Safety 01/27/09  House: Assigned MPPS sub: #1 01/29/09  House: Subcommittee recommends reporting with amendment(s) 02/06/09  House: Reported from Militia, Police and Public Safety with substitute (19-Y 3-N) 02/06/09  House: Committee substitute printed 096018460-H1 02/08/09  House: Read first time 02/09/09  House: Read second time 02/09/09  House: Committee substitute agreed to 096018460-H1 02/09/09  House: Engrossed by House - committee substitute HB1655H1 02/10/09  House: Read third time and passed House (82-Y 16-N) 02/10/09  House: VOTE: --- PASSAGE (82-Y 16-N) 02/11/09  Senate: Constitutional reading dispensed 02/11/09  Senate: Referred to Committee for Courts of Justice 02/16/09  Senate: Reported from Courts of Justice with amendment (10-Y 4-N) 02/17/09  Senate: Constitutional reading dispensed (40-Y 0-N) 02/18/09  Senate: Passed by for the day 02/19/09  Senate: Read third time 02/19/09  Senate: Reading of amendment waived 02/19/09  Senate: Committee amendment agreed to 02/19/09  Senate: Engrossed by Senate as amended 02/19/09  Senate: Passed Senate with amendment (33-Y 6-N) 02/19/09  Senate: Reconsideration of Senate passage agreed to by Senate (37-Y 0-N) 02/19/09  Senate: Passed Senate with amendment (30-Y 10-N) 02/20/09  House: Placed on Calendar 02/23/09  House: Senate amendment rejected by House (18-Y 81-N) 02/23/09  House: VOTE: --- REJECTED (18-Y 81-N) 02/25/09  Senate: Senate insisted on amendment (35-Y 5-N) 02/25/09  Senate: Senate requested conference committee 02/26/09  House: House acceded to request 02/26/09  House: Conferees appointed by House 02/26/09  House: Delegates: Carrico, Wright, Bowling 02/26/09  Senate: Conferees appointed by Senate 02/26/09  Senate: Senators: Puller, Smith, Marsh 02/28/09  House: Conference report agreed to by House (84-Y 10-N) 02/28/09  House: VOTE: --- ADOPTION (84-Y 10-N) 02/28/09  Senate: Conference report agreed to by Senate (37-Y 1-N) 03/09/09  House: Enrolled 03/09/09  House: Bill text as passed House and Senate (HB1655ER) 03/09/09  Senate: Signed by President 03/11/09  House: Signed by Speaker 03/30/09  Governor: Approved by Governor-Chapter 735 (effective 7/1/09) 03/30/09  Governor: Acts of Assembly Chapter text (CHAP0735) E-Mail This Committee
HB1851       Patron: L. Scott Lingamfelter  -  all patrons                                           Purchase of firearms by members of the 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. VCDL Comments This bill , exempts active duty military from One Handgun a Month.	01/12/09  House: Prefiled and ordered printed; offered 01/14/09 095987600 01/12/09  House: Referred to Committee on Militia, Police and Public Safety 01/27/09  House: Assigned MPPS sub: #1 01/29/09  House: Subcommittee recommends reporting with amendment(s) 02/06/09  House: Reported from Militia, Police and Public Safety with amendments (19-Y 3-N) 02/08/09  House: Read first time 02/09/09  House: Read second time 02/09/09  House: Committee amendments agreed to 02/09/09  House: Speaker ruled Amendment by Delegate Athey not germane 02/09/09  House: Engrossed by House as amended HB1851E 02/09/09  House: Printed as engrossed 095987600-E 02/10/09  House: Read third time and passed House (86-Y 13-N) 02/10/09  House: VOTE: --- PASSAGE (86-Y 13-N) 02/11/09  Senate: Constitutional reading dispensed 02/11/09  Senate: Referred to Committee for Courts of Justice 02/23/09  Senate: Reported from Courts of Justice (11-Y 4-N) 02/24/09  Senate: Constitutional reading dispensed (39-Y 0-N) 02/25/09  Senate: Read third time 02/25/09  Senate: Passed Senate (31-Y 8-N) 03/04/09  House: Enrolled 03/04/09  House: Bill text as passed House and Senate (HB1851ER) 03/05/09  Senate: Signed by President 03/06/09  House: Signed by Speaker 03/30/09  Governor: Vetoed by Governor 04/07/09  House: Placed on Calendar 04/08/09  House: Governor's veto overridden (73-Y 26-N) 04/08/09  House: VOTE: --- OVERRIDE GOVERNOR'S VETO (73-Y 26-N) 04/08/09  Senate: Motion to pass in enrolled form rejected (26-Y 14-N) E-Mail This Committee
SB1035       Patron: Emmett W. Hanger, Jr.  -  all patrons                                           Concealed handguns; restaurants; penalty. Allows a person with a concealed handgun permit to carry a concealed handgun onto the premises of a restaurant or club and prohibits such person from consuming alcoholic beverages while on the premises. 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. VCDL Comments This bill allows a concealed handgun permit holder to carry concealed in a restaurant that serves alcoholic beverages as long as the permit holder does not consume any alcoholic beverages and notifies the designated employee of such restaurant that he is carrying concealed. Also, off-duty officers who are carrying a concealed handgun cannot consume alcohol in such restaurants unless they are in the actual performance of their duties.	01/13/09  Senate: Prefiled and ordered printed; offered 01/14/09 095977232 01/13/09  Senate: Referred to Committee for Courts of Justice 01/28/09  Senate: Reported from Courts of Justice with amendments (9-Y 6-N) 01/30/09  Senate: Constitutional reading dispensed (39-Y 0-N) 02/02/09  Senate: Read second time 02/02/09  Senate: Reading of amendments waived 02/02/09  Senate: Committee amendments agreed to 02/02/09  Senate: Engrossed by Senate as amended SB1035E 02/02/09  Senate: Printed as engrossed 095977232-E 02/03/09  Senate: Read third time and passed Senate (20-Y 19-N) 02/03/09  Senate: Reconsideration of passage agreed to by Senate (40-Y 0-N) 02/03/09  Senate: Passed Senate (24-Y 16-N) 02/11/09  House: Placed on Calendar 02/11/09  House: Read first time 02/11/09  House: Referred to Committee on Militia, Police and Public Safety 02/18/09  House: Assigned MPPS sub: #1 02/19/09  House: Subcommittee recommends reporting with amendment(s) 02/20/09  House: Reported from Militia, Police and Public Safety with amendment (17-Y 5-N) 02/23/09  House: Read second time 02/24/09  House: Read third time 02/24/09  House: Passed by temporarily 02/24/09  House: Committee amendment rejected 02/24/09  House: Amendments by Delegate Griffith agreed to 02/24/09  House: Pending question ordered 02/24/09  House: Engrossed by House as amended 02/24/09  House: Passed House with amendments (65-Y 32-N) 02/24/09  House: VOTE: --- PASSAGE (65-Y 32-N) 02/24/09  House: Reconsideration of House passage agreed to by House 02/24/09  House: Passed House with amendments (66-Y 33-N) 02/24/09  House: VOTE: --- PASSAGE #2 (66-Y 33-N) 02/25/09  Senate: House amendments agreed to by Senate (24-Y 14-N) 02/25/09  Senate: Reconsideration of House amendments agreed to by Senate (36-Y 1-N) 02/25/09  Senate: House amendments agreed to by Senate (22-Y 16-N) 03/04/09  Senate: Enrolled 03/04/09  Senate: Bill text as passed Senate and House (SB1035ER) 03/05/09  Senate: Signed by President 03/06/09  House: Signed by Speaker 03/30/09  Governor: Vetoed by Governor 04/07/09  Senate: Placed on Calendar 04/08/09  Senate: Motion to pass in enrolled form rejected (24-Y 16-N) 04/08/09  Senate: Senate sustained Governor's veto E-Mail This Committee
SB1383       Patron: Kenneth W. Stolle  -  all patrons                                           Firearm silencers. 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. VCDL Comments This bill repeals state penalty for possession of an unregistered silencer (federal law will still apply).	01/14/09  Senate: Prefiled and ordered printed; offered 01/14/09 090808328 01/14/09  Senate: Referred to Committee for Courts of Justice 02/02/09  Senate: Reported from Courts of Justice (11-Y 4-N) 02/03/09  Senate: Constitutional reading dispensed (40-Y 0-N) 02/04/09  Senate: Read second time and engrossed 02/05/09  Senate: Read third time and passed Senate (33-Y 5-N) 02/13/09  House: Placed on Calendar 02/13/09  House: Read first time 02/13/09  House: Referred to Committee on Militia, Police and Public Safety 02/18/09  House: Assigned MPPS sub: #1 02/19/09  House: Subcommittee recommends reporting 02/20/09  House: Reported from Militia, Police and Public Safety (22-Y 0-N) 02/23/09  House: Read second time 02/24/09  House: Read third time 02/24/09  House: Passed House BLOCK VOTE (99-Y 0-N) 02/24/09  House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) 03/04/09  Senate: Enrolled 03/04/09  Senate: Bill text as passed Senate and House (SB1383ER) 03/04/09  Senate: Signed by President 03/06/09  House: Signed by Speaker 03/27/09  Governor: Approved by Governor-Chapter 288 (effective 7/1/09) 03/27/09  Governor: Acts of Assembly Chapter text (CHAP0288) E-Mail This Committee
SB1513       Patron: Ralph K. Smith  -  all patrons                                           Control of firearms; award of court costs and fees. Allows a court to award reasonable attorney fees, expenses, and court costs to any entity that prevails in an action challenging an ordinance, resolution or motion as being in conflict with a locality's authority to control firearms pursuant to º 15.2-915. Attorney fees may also be awarded to the prevailing party in an action challenging an administrative action taken in bad faith as being in conflict with the section. This bill is identical to HB 1655. VCDL Comments This bill puts teeth in preemption.	01/23/09  Senate: Presented and ordered printed 098765326 01/23/09  Senate: Referred to Committee for Courts of Justice 01/27/09  Senate: Assigned Courts sub: Civil 02/09/09  Senate: Reported from Courts of Justice with substitute (11-Y 4-N) 02/09/09  Senate: Committee substitute printed 091458326-S1 02/10/09  Senate: Constitutional reading dispensed (40-Y 0-N) 02/10/09  Senate: Read second time 02/10/09  Senate: Reading of substitute waived 02/10/09  Senate: Committee substitute agreed to 091458326-S1 02/10/09  Senate: Engrossed by Senate - committee substitute SB1513S1 02/10/09  Senate: Constitutional reading dispensed (39-Y 1-N) 02/10/09  Senate: Passed Senate (30-Y 10-N) 02/13/09  House: Placed on Calendar 02/13/09  House: Read first time 02/13/09  House: Referred to Committee on Militia, Police and Public Safety 02/20/09  House: Reported from Militia, Police and Public Safety with amendment (18-Y 4-N) 02/23/09  House: Read second time 02/24/09  House: Read third time 02/24/09  House: Committee amendment agreed to 02/24/09  House: Engrossed by House as amended 02/24/09  House: Passed House with amendment (84-Y 13-N) 02/24/09  House: VOTE: --- PASSAGE (84-Y 13-N) 02/25/09  Senate: Passed by temporarily 02/25/09  Senate: House amendment rejected by Senate (9-Y 28-N) 02/26/09  House: House insisted on amendment 02/26/09  House: House requested conference committee 02/26/09  Senate: Senate acceded to request (38-Y 0-N) 02/26/09  House: Conferees appointed by House 02/26/09  House: Delegates: Carrico, Wright, Bowling 02/26/09  Senate: Conferees appointed by Senate 02/26/09  Senate: Senators: Puller, Smith, Marsh 02/28/09  House: Conference report agreed to by House (86-Y 9-N) 02/28/09  House: VOTE: --- ADOPTION (86-Y 9-N) 02/28/09  Senate: Conference report agreed to by Senate (37-Y 3-N) 03/09/09  Senate: Enrolled 03/09/09  Senate: Bill text as passed Senate and House (SB1513ER) 03/09/09  Senate: Signed by President 03/11/09  House: Signed by Speaker 03/30/09  Governor: Approved by Governor-Chapter 772 (effective 7/1/09) 03/30/09  Governor: Acts of Assembly Chapter text (CHAP0772) E-Mail This Committee
Bills We Support
Bill Summary	Bill Status
HB2528       Patron: Mark L. Cole  -  all patrons                                           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 or be disposed of in any other appropriate manner. VCDL Comments This bill requires localities that sponsor "gun buy backs" to have an ordinance to that effect and to sell the turned in guns at a public auction to a Federal Firearms Licensee. The auction must be advertised.	01/16/09  House: Presented and ordered printed 098613468 01/16/09  House: Referred to Committee on Militia, Police and Public Safety 01/29/09  House: Assigned MPPS sub: #1 01/29/09  House: Subcommittee recommends reporting 02/06/09  House: Reported from Militia, Police and Public Safety (18-Y 4-N) 02/08/09  House: Read first time 02/09/09  House: Read second time 02/09/09  House: Passed by temporarily 02/09/09  House: Amendments by Delegate Cole agreed to 02/09/09  House: Engrossed by House as amended HB2528E 02/09/09  House: Printed as engrossed 098613468-E 02/10/09  House: Read third time and passed House (64-Y 33-N) 02/10/09  House: VOTE: --- PASSAGE (64-Y 33-N) 02/11/09  Senate: Constitutional reading dispensed 02/11/09  Senate: Referred to Committee on Local Government 02/17/09  Senate: Reported from Local Government (8-Y 7-N) 02/19/09  Senate: Constitutional reading dispensed (40-Y 0-N) 02/20/09  Senate: Passed by for the day 02/23/09  Senate: Passed by for the day 02/24/09  Senate: Read third time 02/24/09  Senate: Passed Senate (21-Y 18-N) 02/24/09  Senate: Reconsideration of Senate passage agreed to by Senate (39-Y 0-N) 02/24/09  Senate: Reading of amendment waived 02/24/09  Senate: Amendment by Senator Stolle agreed to 02/24/09  Senate: Passed by for the day 02/25/09  Senate: Read third time 02/25/09  Senate: Engrossed by Senate as amended 02/25/09  Senate: Passed Senate with amendment (28-Y 12-N) 02/26/09  House: Placed on Calendar 02/26/09  House: Senate amendment agreed to by House (85-Y 11-N) 02/26/09  House: VOTE: --- ADOPTION (85-Y 11-N) 03/09/09  House: Enrolled 03/09/09  House: Bill text as passed House and Senate (HB2528ER) 03/10/09  Senate: Signed by President 03/11/09  House: Signed by Speaker 03/30/09  Governor: Vetoed by Governor 04/07/09  House: Placed on Calendar 04/08/09  House: Governor's veto overridden (71-Y 28-N) 04/08/09  House: VOTE: --- OVERRIDE GOVERNOR'S VETO (71-Y 28-N) 04/08/09  Senate: Motion to pass in enrolled form rejected (24-Y 16-N) E-Mail This Committee
SB1396       Patron: Thomas K. Norment, Jr.  -  all patrons                                           Purchase of service handgun. Allows a designated law-enforcement officer to purchase his service handgun for $1 if he is receiving disability payments for a service-incurred disability with no expectation of returning to his former employment. VCDL Comments This bill allows a law-enforcement officer who receives a service-related disability and can't return to his job, to be able to purchase his service handgun for $1.	01/14/09  Senate: Prefiled and ordered printed; offered 01/14/09 090847284 01/14/09  Senate: Referred to Committee for Courts of Justice 02/02/09  Senate: Reported from Courts of Justice (15-Y 0-N) 02/03/09  Senate: Constitutional reading dispensed (40-Y 0-N) 02/04/09  Senate: Read second time and engrossed 02/05/09  Senate: Read third time and passed Senate (39-Y 0-N) 02/12/09  House: Placed on Calendar 02/12/09  House: Read first time 02/12/09  House: Referred to Committee on Militia, Police and Public Safety 02/20/09  House: Reported from Militia, Police and Public Safety (22-Y 0-N) 02/23/09  House: Read second time 02/24/09  House: Read third time 02/24/09  House: Passed House BLOCK VOTE (99-Y 0-N) 02/24/09  House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) 03/04/09  Senate: Enrolled 03/04/09  Senate: Bill text as passed Senate and House (SB1396ER) 03/04/09  Senate: Signed by President 03/06/09  House: Signed by Speaker 03/27/09  Governor: Approved by Governor-Chapter 289 (effective 7/1/09) 03/27/09  Governor: Acts of Assembly Chapter text (CHAP0289) E-Mail This Committee
SB1431       Patron: Ken T. Cuccinelli, II  -  all patrons                                           REAL ID Act; Commonwealth's participation. Provides that, with the exception of identification cards issued to employees of the Department of State Police and certain other law enforcement officers, the Commonwealth will not comply with any provision of the federal REAL ID Act that it determines would compromise the economic privacy, biometric data, or biometric samples of any resident of the Commonwealth. This bill is identical to HB 1587. VCDL Comments This bill is the Senate companion of HB 1587.	01/16/09  Senate: Presented and ordered printed 093852216 01/16/09  Senate: Referred to Committee on General Laws and Technology 02/04/09  Senate: Reported from General Laws and Technology (15-Y 0-N) 02/04/09  Senate: Rereferred to Transportation 02/05/09  Senate: Reported from Transportation with amendment (8-Y 6-N 1-A) 02/09/09  Senate: Constitutional reading dispensed (40-Y 0-N) 02/10/09  Senate: Read second time 02/10/09  Senate: Reading of amendment waived 02/10/09  Senate: Committee amendment agreed to 02/10/09  Senate: Amendment #1 by Senator Cuccinelli withdrawn 02/10/09  Senate: Reading of amendment waived 02/10/09  Senate: Amendment #2 by Senator Cuccinelli agreed to 02/10/09  Senate: Engrossed by Senate as amended SB1431E 02/10/09  Senate: Printed as engrossed 093852216-E 02/10/09  Senate: Constitutional reading dispensed (40-Y 0-N) 02/10/09  Senate: Passed Senate (25-Y 14-N) 02/10/09  Senate: Reconsideration of passage agreed to by Senate (40-Y 0-N) 02/10/09  Senate: Passed Senate (30-Y 9-N) 02/13/09  House: Placed on Calendar 02/13/09  House: Read first time 02/13/09  House: Referred to Committee on Transportation 02/19/09  House: Referred from Transportation by voice vote 02/19/09  House: Referred to Committee on Militia, Police and Public Safety 02/20/09  House: Reported from Militia, Police and Public Safety with amendment (21-Y 1-N) 02/23/09  House: Read second time 02/24/09  House: Read third time 02/24/09  House: Committee amendment agreed to 02/24/09  House: Engrossed by House as amended 02/24/09  House: Passed House with amendment (96-Y 3-N) 02/24/09  House: VOTE: --- PASSAGE (96-Y 3-N) 02/25/09  Senate: House amendment agreed to by Senate (36-Y 0-N) 03/09/09  Senate: Enrolled 03/09/09  Senate: Bill text as passed Senate and House (SB1431ER) 03/10/09  Senate: Signed by President 03/11/09  House: Signed by Speaker 03/30/09  Governor: Approved by Governor-Chapter 769 (effective 7/1/09) 03/30/09  Governor: Acts of Assembly Chapter text (CHAP0769) E-Mail This Committee
SB877       Patron: Stephen H. Martin  -  all patrons                                           Carrying concealed weapons; retired law-enforcement officers. 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. VCDL Comments This bill exempts retired out-of-state law-enforcement officers qualifying under the federal LEOSA 2004 from Virginia's concealed weapons law.	12/30/08  Senate: Prefiled and ordered printed; offered 01/14/09 095953268 12/30/08  Senate: Referred to Committee for Courts of Justice 01/09/09  Senate: Introduced bill reprinted 095953268 01/13/09  Senate: Assigned Courts sub: Criminal 01/13/09  Senate: Introduced bill reprinted 095953268 02/04/09  Senate: Reported from Courts of Justice with amendments (11-Y 0-N) 02/06/09  Senate: Constitutional reading dispensed (39-Y 0-N) 02/09/09  Senate: Read second time 02/09/09  Senate: Reading of amendments waived 02/09/09  Senate: Committee amendments agreed to 02/09/09  Senate: Engrossed by Senate as amended SB877E 02/09/09  Senate: Printed as engrossed 095953268-E 02/09/09  Senate: Constitutional reading dispensed (40-Y 0-N) 02/09/09  Senate: Passed Senate (40-Y 0-N) 02/13/09  House: Placed on Calendar 02/13/09  House: Read first time 02/13/09  House: Referred to Committee on Militia, Police and Public Safety 02/18/09  House: Assigned MPPS sub: #1 02/19/09  House: Subcommittee recommends reporting 02/20/09  House: Reported from Militia, Police and Public Safety (20-Y 2-N) 02/23/09  House: Read second time 02/24/09  House: Read third time 02/24/09  House: Pending question ordered 02/24/09  House: Passed House (84-Y 15-N) 02/24/09  House: VOTE: --- PASSAGE (84-Y 15-N) 02/28/09  Senate: Enrolled 02/28/09  Senate: Bill text as passed Senate and House (SB877ER) 02/28/09  Senate: Signed by President 02/28/09  House: Signed by Speaker 03/30/09  Governor: Vetoed by Governor 04/07/09  Senate: Placed on Calendar 04/08/09  Senate: Passed in enrolled form (30-Y 10-N) 04/08/09  Senate: Motion to reconsider passed in enrolled form agreed to (40-Y 0-N) 04/08/09  Senate: Passed in enrolled form not withstanding Governor's objection (30-Y 10-N) 04/08/09  House: Passed by temporarily 04/08/09  House: Governor's veto overridden (76-Y 22-N) 04/08/09  House: VOTE: --- OVERRIDE GOVERNOR'S VETO (76-Y 22-N) 04/08/09  House: Bill became law Chapter 779 (effective 7/1/09) 04/08/09  Governor: Acts of Assembly Chapter text (CHAP0779) E-Mail This Committee
Bills We Strongly Oppose
Bill Summary	Bill Status
HB2144       Patron: David A. Nutter  -  all patrons                                           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. VCDL Comments This bill prohibits the Virginia State Police from giving out concealed handgun permit holder.s personal information, but does NOT prohibits the courts from doing the same. We NEED to close off both sources as newspapers, such as the Fredericksburg Freelance-Star, continue to publish the names and addresses of permit holders. Many permit holder.s lives are in more danger than the average police officer and should be protected from dissemination similarly. Note: If courts are also prohibited from releasing this information by an amendment to this bill, VCDL will change its position on this bill to .strongly support..	01/13/09  House: Prefiled and ordered printed; offered 01/14/09 096611660 01/13/09  House: Referred to Committee on Militia, Police and Public Safety 01/20/09  House: Assigned MPPS sub: #1 01/29/09  House: Subcommittee recommends reporting 02/06/09  House: Reported from Militia, Police and Public Safety (22-Y 0-N) 02/08/09  House: Read first time 02/09/09  House: Read second time and engrossed 02/10/09  House: Read third time and passed House BLOCK VOTE (98-Y 0-N) 02/10/09  House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) 02/10/09  House: Reconsideration of passage agreed to by House 02/10/09  House: Passed House BLOCK VOTE (99-Y 0-N) 02/10/09  House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) 02/11/09  Senate: Constitutional reading dispensed 02/11/09  Senate: Referred to Committee for Courts of Justice 02/23/09  Senate: Reported from Courts of Justice (15-Y 0-N) 02/24/09  Senate: Constitutional reading dispensed (39-Y 0-N) 02/25/09  Senate: Read third time 02/25/09  Senate: Passed Senate (40-Y 0-N) 03/04/09  House: Enrolled 03/04/09  House: Bill text as passed House and Senate (HB2144ER) 03/05/09  Senate: Signed by President 03/06/09  House: Signed by Speaker 03/27/09  Governor: Approved by Governor-Chapter 235 (effective 7/1/09) 03/27/09  Governor: Acts of Assembly Chapter text (CHAP0235) E-Mail This Committee
HB2178       Patron: Edward T. Scott  -  all patrons                                           Possession of ammunition by convicted felons; penalty. Prohibits a convicted felon from possessing ammunition for a firearm and adds a definition of ammunition. A violation is a Class 6 felony. VCDL Comments This bill prohibits convicted felons from possessing ammunition. There is no need to codify in state law something that is already covered by federal law.	01/14/09  House: Prefiled and ordered printed; offered 01/14/09 098494716 01/14/09  House: Referred to Committee on Militia, Police and Public Safety 01/20/09  House: Assigned MPPS sub: #1 01/29/09  House: Subcommittee failed to recommend reporting 02/05/09  House: Subcommittee reconsidered recommendation 02/05/09  House: Subcommittee recommends reporting with amendment(s) 02/06/09  House: Reported from Militia, Police and Public Safety with substitute (16-Y 6-N) 02/06/09  House: Committee substitute printed 096024716-H1 02/08/09  House: Read first time 02/09/09  House: Read second time 02/09/09  House: Committee substitute agreed to 096024716-H1 02/09/09  House: Engrossed by House - committee substitute HB2178H1 02/10/09  House: Read third time and passed House (64-Y 34-N) 02/10/09  House: VOTE: --- PASSAGE (64-Y 34-N) 02/11/09  Senate: Constitutional reading dispensed 02/11/09  Senate: Referred to Committee for Courts of Justice 02/13/09  Senate: Assigned Courts sub: Criminal 02/23/09  Senate: Reported from Courts of Justice with substitute (15-Y 0-N) 02/23/09  Senate: Committee substitute printed 091559716-S1 02/24/09  Senate: Constitutional reading dispensed (39-Y 0-N) 02/25/09  Senate: Read third time 02/25/09  Senate: Reading of substitute waived 02/25/09  Senate: Committee substitute agreed to 091559716-S1 02/25/09  Senate: Engrossed by Senate - committee substitute HB2178S1 02/25/09  Senate: Passed Senate with substitute (40-Y 0-N) 02/26/09  House: Placed on Calendar 02/26/09  House: Senate substitute agreed to by House 091559716-S1 (74-Y 22-N) 02/26/09  House: VOTE: --- ADOPTION (74-Y 22-N) 03/09/09  House: Enrolled 03/09/09  House: Bill text as passed House and Senate (HB2178ER) 03/10/09  Senate: Signed by President 03/11/09  House: Signed by Speaker 03/27/09  Governor: Approved by Governor-Chapter 236 (effective 7/1/09) 03/27/09  Governor: Acts of Assembly Chapter text (CHAP0236) E-Mail This Committee
Bills We Oppose
Bill Summary	Bill Status
Bills We Are Currently Neutral On
Bill Summary	Bill Status
HB2042       Patron: Thomas D. Gear  -  all patrons                                           Purchase of handguns of certain officers. Allows a retiring law-enforcement officer of the State Lottery Department to purchase his handgun for $1. VCDL Comments This bill allows officers of the State Lottery Department to be able to purchase their handguns on retirement.	01/13/09  House: Prefiled and ordered printed; offered 01/14/09 090823856 01/13/09  House: Referred to Committee on Militia, Police and Public Safety 01/23/09  House: Reported from Militia, Police and Public Safety (19-Y 1-N) 01/26/09  House: Read first time 01/27/09  House: Read second time and engrossed 01/28/09  House: Read third time and passed House (94-Y 3-N) 01/28/09  House: VOTE: --- PASSAGE (94-Y 3-N) 01/29/09  Senate: Constitutional reading dispensed 01/29/09  Senate: Referred to Committee for Courts of Justice 02/16/09  Senate: Reported from Courts of Justice (14-Y 0-N) 02/17/09  Senate: Constitutional reading dispensed (40-Y 0-N) 02/18/09  Senate: Read third time 02/18/09  Senate: Passed Senate (40-Y 0-N) 02/23/09  House: Enrolled 02/23/09  House: Bill text as passed House and Senate (HB2042ER) 02/24/09  House: Signed by Speaker 02/25/09  Senate: Signed by President 03/27/09  Governor: Approved by Governor-Chapter 412 (effective 7/1/09) 03/27/09  Governor: Acts of Assembly Chapter text (CHAP0412)
Bills That Have Been Rolled Into Other Bills, Continued to Next Year, Withdrawn or Killed
Bill Summary	Bill Status
HB1656       Patron: Robert G. Marshall  -  all patrons Possession of concealed handguns by faculty members at state institutions of higher education. 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. VCDL Comments This bill allows full-time faculty members with a concealed handgun permit to carry in public universities and colleges.	12/15/08  House: Prefiled and ordered printed; offered 01/14/09 095960616 12/15/08  House: Referred to Committee on Militia, Police and Public Safety 02/10/09  House: Left in Militia, Police and Public Safety
HB1734       Patron: Brenda L. Pogge  -  all patrons Concealed handgun permits. Amends various processes, procedures, and requirements for obtaining a Virginia concealed handgun permit. VCDL Comments This bill clarifies that concealed handgun permit applications can be mailed in, clarifies that courts cannot ask for more items from permit applicants than is specifically allowed by law, that the exact reason for denial of a permit must be specified, simplifies change of address procedures for permits, and classifies Special Conservators of the Peace as law-enforcement officers.	01/07/09  House: Prefiled and ordered printed; offered 01/14/09 098332686 01/07/09  House: Referred to Committee on Militia, Police and Public Safety 02/10/09  House: Left in Militia, Police and Public Safety
HB1748       Patron: Brenda L. Pogge  -  all patrons Concealed handgun permit; fingerprints. 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. VCDL Comments This bill specifies that once you have been issued a concealed handgun permits, there is to be no fingerprints required on renewal.	01/07/09  House: Prefiled and ordered printed; offered 01/14/09 098331686 01/07/09  House: Referred to Committee on Militia, Police and Public Safety 01/20/09  House: Assigned MPPS sub: #1 01/29/09  House: Subcommittee recommends striking from the docket by voice vote 01/30/09  House: Stricken from docket by Militia, Police and Public Safety by voice vote
HB1821       Patron: Joseph P. Johnson, Jr.  -  all patrons 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. VCDL Comments This bill allows a concealed handgun permit holder to carry concealed in a restaurant that serves alcoholic beverages as long as the permit holder does not consume any alcoholic beverages and notifies the designated employee of such restaurant that he is carrying concealed. Also, off-duty officers who are carrying a concealed handgun cannot consume alcohol in such restaurants unless they are in the actual performance of their duties.	01/12/09  House: Prefiled and ordered printed; offered 01/14/09 096650576 01/12/09  House: Referred to Committee for Courts of Justice 01/20/09  House: Assigned Courts sub: Criminal 01/21/09  House: Referred from Courts of Justice by voice vote 01/21/09  House: Referred to Committee on Militia, Police and Public Safety 02/10/09  House: Left in Militia, Police and Public Safety
HB1822       Patron: Joseph P. Johnson, Jr.  -  all patrons Possession of handguns on school property; concealed handgun permittees. 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. VCDL Comments This bill allows concealed handgun permit holders to carry on K-12 school grounds and buildings. This is the same as what off-duty Commonwealth Attorneys and their deputies can do currently.	01/12/09  House: Prefiled and ordered printed; offered 01/14/09 096651576 01/12/09  House: Referred to Committee for Courts of Justice 01/20/09  House: Assigned Courts sub: Criminal 01/21/09  House: Referred from Courts of Justice by voice vote 01/21/09  House: Referred to Committee on Militia, Police and Public Safety 02/10/09  House: Left in Militia, Police and Public Safety
SB1053       Patron: Mary Margaret Whipple  -  all patrons 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. VCDL Comments This bill allows localities to ban guns in government buildings and grounds. Another Legislative Victory For Virginia Gun Owners!	01/13/09  Senate: Prefiled and ordered printed; offered 01/14/09 094341352 01/13/09  Senate: Referred to Committee on Local Government 01/27/09  Senate: Failed to report (defeated) in Local Government (5-Y 10-N)
HB1741       Patron: Brenda L. Pogge  -  all patrons Criminal law; possession or transportation of certain firearms 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. VCDL Comments This bill makes possession of a handgun or "assault weapon" by someone under the age of 18 a felony. NOTE: According to Delegate Pogge, this bill was not drafted properly and will be fixed so that only if the person under 18 can be shown to have evil intent will the felony charge apply. The prosecutor will have the option to charge for a misdemeanor. Once the bill is corrected, VCDL will shift its position on the bill to neutral. Another Legislative Victory For Virginia Gun Owners!	01/07/09  House: Prefiled and ordered printed; offered 01/14/09 090536686 01/07/09  House: Referred to Committee on Militia, Police and Public Safety 01/23/09  House: Stricken from docket by Militia, Police and Public Safety by voice vote
SB832       Patron: Mamie E. Locke  -  all patrons Control of firearms; possessing or carrying a dangerous weapon in public buildings during official meetings of the governing body. 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. VCDL Comments This bill allows localities to ban guns in any building where an official government meeting is being held. Gun-free zones are dangerous for everyone but criminals. Another Legislative Victory For Virginia Gun Owners!	12/17/08  Senate: Prefiled and ordered printed; offered 01/14/09 094317256 12/17/08  Senate: Referred to Committee on Local Government 01/27/09  Senate: Failed to report (defeated) in Local Government (5-Y 10-N)
HB1910       Patron: Mamye E. BaCote  -  all patrons Control of firearms; libraries. Provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof in libraries owned or operated by the locality. VCDL Comments This bill localities to ban guns, ammunition, and components from libraries. Another Legislative Victory For Virginia Gun Owners!	01/13/09  House: Prefiled and ordered printed; offered 01/14/09 098301424 01/13/09  House: Referred to Committee on Militia, Police and Public Safety 01/20/09  House: Assigned MPPS sub: #1 01/29/09  House: Subcommittee recommends passing by indefinitely by voice vote 02/10/09  House: Left in Militia, Police and Public Safety
HB2004       Patron: Anne B. Crockett-Stark  -  all patrons Affirmative defense that silencer is registered. 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. VCDL Comments This bill makes possession of a silencer a class 6 FELONY. It does provide an affirmative defense that you registered the silencer with the Feds (who provide a tax stamp for the silencer). However, requiring the silencer owner to prove that the federal tax stamp he has is valid to the Court in order to avoid a conviction is completely unreasonable and would be needless harassment. The tax stamp already requires federal registration, notification of local law enforcement, a thorough background check, a fee, and can take up to four months. Another Legislative Victory For Virginia Gun Owners!	01/13/09  House: Prefiled and ordered printed; offered 01/14/09 097822480 01/13/09  House: Referred to Committee on Militia, Police and Public Safety 01/30/09  House: Stricken from docket by Militia, Police and Public Safety by voice vote
SB1257       Patron: Henry L. Marsh III  -  all patrons 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. VCDL Comments This bill requires any private sales at gun shows go through a background check. The Virginia State Crime Commission did not recommend this bill. This requirement is just the first step in ultimately setting up a private sale registration scheme. Few guns used in crimes are purchased at gun shows, so this bill will have no noticeable affect on crime. Another Legislative Victory For Virginia Gun Owners!	01/14/09  Senate: Prefiled and ordered printed; offered 01/14/09 091529264 01/14/09  Senate: Referred to Committee for Courts of Justice 01/26/09  Senate: Reported from Courts of Justice with amendments (8-Y 7-N) 01/27/09  Senate: Constitutional reading dispensed (39-Y 0-N) 01/28/09  Senate: Read second time 01/28/09  Senate: Passed by for the day 01/29/09  Senate: Read second time 01/29/09  Senate: Floor substitute printed 099821216-S1 (Cuccinelli) 01/29/09  Senate: Floor substitute printed 091541228-S2 (Edwards) 01/29/09  Senate: Reading of amendments waived 01/29/09  Senate: Committee amendments agreed to 01/29/09  Senate: Engrossed by Senate as amended SB1257E 01/29/09  Senate: Printed as engrossed 091529264-E 01/30/09  Senate: Passed by for the day 02/02/09  Senate: Passed by for the day 02/03/09  Senate: Read third time and defeated by Senate (18-Y 22-N) 02/03/09  Senate: Reconsideration of defeated action agreed to by Senate (40-Y 0-N) 02/03/09  Senate: Passed by for the day 02/04/09  Senate: Read third time and defeated by Senate (19-Y 21-N)
HB2227       Patron: Dave W. Marsden  -  all patrons 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. VCDL Comments This bill treats air guns that can expel a projectile at more than 250 feet per second as a weapon that can't be concealed. Exactly how is the speed going to be measured by the citizen or the police? Also, this will definitely affect paint ball enthusiasts. Another Legislative Victory For Virginia Gun Owners!	01/14/09  House: Prefiled and ordered printed; offered 01/14/09 098457608 01/14/09  House: Referred to Committee on Militia, Police and Public Safety 01/20/09  House: Assigned MPPS sub: #1 02/10/09  House: Left in Militia, Police and Public Safety
HB2318       Patron: Joseph D. Morrissey  -  all patrons 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. VCDL Comments This bill requires anyone selling three or more firearms at a gun show without a table or who has a table at a gun show and has even one gun for sale to have a Federal Firearms License. This is going to make someone wishing to sell some guns from their private collection, or who is selling guns from an estate sale, unnecessarily onerous. Criminals rarely get guns from gun shows, so this will not have any affect on crime. Another Legislative Victory For Virginia Gun Owners!	01/14/09  House: Prefiled and ordered printed; offered 01/14/09 098540653 01/14/09  House: Referred to Committee on Militia, Police and Public Safety 01/27/09  House: Assigned MPPS sub: #1 01/29/09  House: Subcommittee recommends passing by indefinitely by voice vote 02/10/09  House: Left in Militia, Police and Public Safety
HB2481       Patron: Jeion A. Ward  -  all patrons 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. VCDL Comments This bill requires change of address notification to be provided to the state police for machine gun owners. Virginia needs to get rid of the expensive state machine gun registration scheme, not make it more complicated and costly. The feds already maintain the machine gun database, Virginia doesn.t need to duplicate the effort. Also, since 1934, a lawfully owned machine gun has never been used in the commission of a crime. Another Legislative Victory For Virginia Gun Owners!	01/14/09  House: Presented and ordered printed 098164824 01/14/09  House: Referred to Committee on Militia, Police and Public Safety 01/20/09  House: Assigned MPPS sub: #1 02/10/09  House: Left in Militia, Police and Public Safety
HB2631       Patron: C. Charles Caputo  -  all patrons Firearms show in Fairfax County; criminal history record information request. 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. VCDL Comments This bill is a gun show bill put in for Fairfax County. Another Legislative Victory For Virginia Gun Owners!	01/23/09  House: Presented and ordered printed 092065456 01/23/09  House: Referred to Committee on Militia, Police and Public Safety 02/10/09  House: Left in Militia, Police and Public Safety
SB1046       Patron: Yvonne B. Miller  -  all patrons Obtaining licenses and identification cards; federal REAL ID Act. Amends provisions for obtaining licenses to comply with federal REAL ID Act requirements. VCDL Comments This bill enables Real ID in Virginia, which negatively affects the privacy of all Virginians. Another Legislative Victory For Virginia Gun Owners!	01/13/09  Senate: Prefiled and ordered printed; offered 01/14/09 093838828 01/13/09  Senate: Referred to Committee on Transportation 02/05/09  Senate: Reported from Transportation with substitute (14-Y 1-N) 02/05/09  Senate: Committee substitute printed 093868828-S1 02/09/09  Senate: Constitutional reading dispensed (40-Y 0-N) 02/10/09  Senate: Read second time 02/10/09  Senate: Reading of substitute waived 02/10/09  Senate: Committee substitute agreed to 093868828-S1 02/10/09  Senate: Reading of amendment waived 02/10/09  Senate: Amendment by Senator Cuccinelli rejected 02/10/09  Senate: Engrossed by Senate - committee substitute SB1046S1 02/10/09  Senate: Constitutional reading dispensed (40-Y 0-N) 02/10/09  Senate: Passed Senate (36-Y 3-N) 02/10/09  Senate: Reconsideration of passage agreed to by Senate (40-Y 0-N) 02/10/09  Senate: Passed Senate (38-Y 2-N) 02/13/09  House: Placed on Calendar 02/13/09  House: Read first time 02/13/09  House: Referred to Committee on Transportation 02/19/09  House: Reported from Transportation (20-Y 2-N) 02/20/09  House: Read second time 02/23/09  House: Passed by for the day 02/24/09  House: Read third time 02/24/09  House: Passed by for the day 02/25/09  House: Read third time 02/25/09  House: Amendments by Delegate Albo withdrawn 02/25/09  House: Passed House (84-Y 16-N) 02/25/09  House: VOTE: --- PASSAGE (84-Y 16-N) 03/04/09  Senate: Enrolled 03/04/09  Senate: Bill text as passed Senate and House (SB1046ER) 03/05/09  Senate: Signed by President 03/06/09  House: Signed by Speaker 03/30/09  Senate: Governor's recommendation received by Senate 04/07/09  Senate: Placed on Calendar 04/08/09  Senate: Senate concurred in Governor's recommendation (21-Y 19-N) 04/08/09  House: House rejected Governor's recommendation (32-Y 67-N) 04/08/09  House: VOTE: --- REJECTED (32-Y 67-N) 04/08/09  House: Communicated to Governor 05/06/09  Governor: Approved by Governor-Chapter 872 (effective 7/1/09) 05/06/09  Governor: Acts of Assembly Chapter text (CHAP0872)
SB841       Patron: Ken T. Cuccinelli, II  -  all patrons REAL ID Act and citizens' privacy. Prohibits DMV or any other agency of the Commonwealth from using any type of computer chip or radio-frequency identification on licenses and identification cards and from sharing certain data with other states or with any federal government agency. Further provides that no biometric data will be gathered or retained. VCDL Comments This bill opts Virginia out of Real ID - not as good as HB 1587 by Bob Marshall.	12/22/08  Senate: Prefiled and ordered printed; offered 01/14/09 093812216 12/22/08  Senate: Referred to Committee on Transportation 02/05/09  Senate: Stricken at request of Patron in Transportation (15-Y 0-N)
HB2136       Patron: Jackson H. Miller  -  all patrons Misdemeanor arrest or summons at discretion of law-enforcement officer. Gives a law-enforcement officer the choice of issuing a summons and releasing the person or arresting him for Class 1 and 2 misdemeanors. Under current law, the law-enforcement officer must release the person on a summons for most Class 1 and 2 misdemeanors unless the person fails to stop the unlawful act or indicates that he will not appear as directed in the summons. The bill also requires the officer to arrest the person if he fails to stop the unlawful act; currently arrest is discretionary when the person fails to stop the unlawful act. VCDL Comments This bill allows police officers to be able to arrest someone for a class 1 or 2 misdemeanor at will. Current law has reasonable exceptions that allow for arrest and are sufficient. Another Legislative Victory For Virginia Gun Owners!	01/13/09  House: Prefiled and ordered printed; offered 01/14/09 098481640 01/13/09  House: Referred to Committee for Courts of Justice 01/20/09  House: Assigned Courts sub: Criminal 01/21/09  House: Subcommittee recommends reporting 02/04/09  House: Reported from Courts of Justice (15-Y 6-N) 02/06/09  House: Read first time 02/08/09  House: Passed by for the day 02/09/09  House: Read second time and engrossed 02/10/09  House: Read third time and passed House (69-Y 25-N) 02/10/09  House: VOTE: --- PASSAGE (69-Y 25-N) 02/11/09  Senate: Constitutional reading dispensed 02/11/09  Senate: Referred to Committee for Courts of Justice 02/24/09  Senate: Left in Courts of Justice
SB1166       Patron: John C. Watkins  -  all patrons 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. VCDL Comments This bill raises fee for background check on a firearm from $2 to $5 . a 150% increase. We need to get rid of the fee altogether, not raise it, as the background check is for the benefit of the general public and does nothing to benefit the safety of the gun owner. In addition, the Virginia instant check duplicates what is done by the no cost Federal NICS, so as a cost savings measure, Virginia should transition to a NICS state and do away with the Firearms Transaction Center. On the positive side, the bill does make the gun owner.s purchase form unavailable to the public. Another Legislative Victory For Virginia Gun Owners!	01/13/09  Senate: Prefiled and ordered printed; offered 01/14/09 098208824 01/13/09  Senate: Referred to Committee for Courts of Justice 01/26/09  Senate: Reported from Courts of Justice (9-Y 6-N) 01/26/09  Senate: Rereferred to Finance 02/04/09  Senate: Reported from Finance (14-Y 2-N) 02/05/09  Senate: Constitutional reading dispensed (39-Y 0-N) 02/06/09  Senate: Read second time and engrossed 02/09/09  Senate: Read third time and passed Senate (27-Y 13-N) 02/13/09  House: Placed on Calendar 02/13/09  House: Read first time 02/13/09  House: Referred to Committee on Militia, Police and Public Safety 02/18/09  House: Assigned MPPS sub: #1 02/19/09  House: Subcommittee recommends laying on the table by voice vote 02/28/09  House: Left in Militia, Police and Public Safety
SB1254       Patron: Henry L. Marsh III  -  all patrons 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 provides that a conviction from another state for driving while intoxicated or for drunkenness in public disqualifies an individual from obtaining a concealed handgun permit. 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. VCDL Comments This bill eliminates taking an internet based training course for a concealed handgun permit, expands a disqualification for public drunkenness to include such an offense in any other state (laws in other states for drunkenness can vary widely), and requires reciprocal permits be carried with a photo id (not needed for many such permits, which already have a photo on them). Another Legislative Victory For Virginia Gun Owners!	01/14/09  Senate: Prefiled and ordered printed; offered 01/14/09 098168824 01/14/09  Senate: Referred to Committee for Courts of Justice 01/26/09  Senate: Reported from Courts of Justice with amendments (14-Y 0-N) 01/27/09  Senate: Constitutional reading dispensed (39-Y 0-N) 01/28/09  Senate: Read second time 01/28/09  Senate: Reading of amendments waived 01/28/09  Senate: Committee amendments agreed to 01/28/09  Senate: Engrossed by Senate as amended SB1254E 01/28/09  Senate: Printed as engrossed 098168824-E 01/29/09  Senate: Read third time and passed Senate (40-Y 0-N) 02/13/09  House: Placed on Calendar 02/13/09  House: Read first time 02/13/09  House: Referred to Committee on Militia, Police and Public Safety 02/18/09  House: Assigned MPPS sub: #1 02/20/09  House: Reported from Militia, Police and Public Safety with amendment (22-Y 0-N) 02/20/09  House: Referred to Committee for Courts of Justice 02/23/09  House: Tabled in Courts of Justice by voice vote
SB1385       Patron: Kenneth W. Stolle  -  all patrons 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. VCDL Comments This bill requires gun shows to pay for a BATFE-deputized State Police officer to be present at all times during a gun show to enforce federal gun laws. VCDL objects to the cost for that officer being paid by the gun show promoter, as the gun show receives no benefit from what is an unfunded mandate. The officers should be paid out of the General Fund since this law is supposed to benefit the general public. Another Legislative Victory For Virginia Gun Owners!	01/14/09  Senate: Prefiled and ordered printed; offered 01/14/09 091530838 01/14/09  Senate: Referred to Committee for Courts of Justice 02/11/09  Senate: Left in Courts of Justice
HB2282       Patron: Dan C. Bowling  -  all patrons Hunting deer with rifles. Allows .223 and .22-250 caliber rifles to be used for hunting deer. VCDL Comments This bill allows deer to be hunted with a .223 or a .22-250 rifle (currently .22 is disallowed for deer hunting).	01/14/09  House: Prefiled and ordered printed; offered 01/14/09 098333436 01/14/09  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources 02/04/09  House: Tabled in Agriculture, Chesapeake and Natural Resources by voice vote
SB1289       Patron: A. Donald McEachin  -  all patrons Expungement of criminal conviction record. Allows a person convicted of certain criminal offenses to petition to have his conviction expunged after a five-year period has expired following the conviction, upon a showing that his opportunities for employment, education, or professional licensure are prejudiced by the existence of the criminal record. Expungement would not be available for someone convicted of a violent felony, a DUI-related offense, an offense for which registration on the sex offender registry is required, or domestic violence. VCDL Comments This bill allows for simplified restoration of rights after 5 years of having a clean record, which VCDL supports. VCDL opposes a provision in the bill that is an exception for someone convicted of misdemeanor domestic violence, if the person has lost his gun rights because of that conviction.	01/14/09  Senate: Prefiled and ordered printed; offered 01/14/09 090655628 01/14/09  Senate: Referred to Committee for Courts of Justice 01/15/09  Senate: Assigned Courts sub: Criminal 02/02/09  Senate: Passed by in Courts of Justice with letter (15-Y 0-N) 02/02/09  Senate: Subject matter referred to the Crime Commission pursuant to Senate Rule 20 (L)
SB1333       Patron: Ken T. Cuccinelli, II  -  all patrons Paramilitary activity; penalty. Makes it a Class 5 felony to provide land or other resources knowing that it will be used to conduct illegal paramilitary activities. VCDL Comments This bill makes it a crime to provide land or resources to assist in unlawful paramilitary activity.	01/14/09  Senate: Prefiled and ordered printed; offered 01/14/09 091519216 01/14/09  Senate: Referred to Committee for Courts of Justice 01/15/09  Senate: Assigned Courts sub: Criminal 02/09/09  Senate: Stricken at the request of Patron in Courts of Justice (14-Y 0-N)
HB1813       Patron: Joseph D. Morrissey  -  all patrons Expungement of criminal conviction record. Allows a person convicted of a criminal offense to have his conviction expunged after eight years has expired following the conviction, upon a showing that his opportunities for employment, education, or professional licensure are prejudiced by the existence of the criminal record. Expungement would not be available for someone convicted of a violent felony, a DUI-related offense, an offense for which registration on the sex offender registry is required, or domestic violence. VCDL Comments This bill allows for simplified restoration of rights after 8 years of having a clean record, which VCDL supports. VCDL opposes a provision in the bill that is an exception for someone convicted of misdemeanor domestic violence, if the person has lost his gun rights because of that conviction.	01/12/09  House: Prefiled and ordered printed; offered 01/14/09 090402653 01/12/09  House: Referred to Committee for Courts of Justice 01/16/09  House: Assigned Courts sub: Criminal 01/29/09  House: Subcommittee recommends passing by indefinitely by voice vote 02/10/09  House: Left in Courts of Justice
SB529       Patron: R. Edward Houck  -  all patrons 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 non-identifying statistical information would be available to the general public. This bill is a recommendation of the Freedom of Information Advisory Council. This bill incorporates SB 730 and SB 759. VCDL Comments This bill prohibits the Virginia State Police from giving out concealed handgun permit holder.s personal information, but does NOT prohibit the courts from doing the same. We NEED to close off both sources as newspapers, such as the Fredericksburg Freelance-Star, continue to publish the names and addresses of permit holders. Many permit holder.s lives are in more danger than the average police officer and should be protected from dissemination similarly. Note: If courts are also prohibited from releasing this information by an amendment to this bill, VCDL will change its position on this bill to .strongly support..	01/09/08  Senate: Prefiled and ordered printed; offered 01/09/08 085902740 01/09/08  Senate: Referred to Committee for Courts of Justice 02/04/08  Senate: Reported from Courts of Justice with substitute (13-Y 2-N) 02/04/08  Senate: Committee substitute printed 085989244-S1 02/05/08  Senate: Constitutional reading dispensed (39-Y 0-N) 02/06/08  Senate: Read second time 02/06/08  Senate: Reading of substitute waived 02/06/08  Senate: Committee substitute agreed to 085989244-S1 02/06/08  Senate: Reading of amendment waived 02/06/08  Senate: Amendment by Senator Cuccinelli rejected 02/06/08  Senate: Passed by for the day 02/07/08  Senate: Read second time 02/07/08  Senate: Passed by for the day 02/08/08  Senate: Read second time 02/08/08  Senate: Passed by for the day 02/11/08  Senate: Read second time 02/11/08  Senate: Motion to recommit to committee agreed to 02/11/08  Senate: Recommitted to Courts of Justice 02/11/08  Senate: Pursuant to Senate Rule 20 (f) 02/11/08  Senate: Continued to 2009 in Courts of Justice 02/11/08  Senate: Subject matter referred by letter to FOIA Council pursuant to Senate Rule 20 (L). 12/05/08  Senate: Left in Courts of Justice
HB1338       Patron: William K. Barlow  -  all patrons Crimes; brandishing a firearm etc. Increases from a Class 1 misdemeanor to a Class 6 felony the brandishing of any firearm or any air or gas operated weapon or any object similar in appearance. VCDL Comments This bill makes brandishing a FELONY. Making all of our laws felonies endangers our freedom.	01/09/08  House: Prefiled and ordered printed; offered 01/09/08 081103428 01/09/08  House: Referred to Committee for Courts of Justice 01/16/08  House: Assigned Courts sub: Criminal 01/28/08  House: Continued to 2009 in Courts of Justice by voice vote 12/04/08  House: Left in Courts of Justice