Virginia Citizens Defense League, Inc. • P.O. Box 513, Newington, VA 22122 • 804-639-0600
Virginia Citizens Defense League, Inc.
2003 Candidate Survey
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1. Current Virginia law includes penalties for anyone carrying a gun while under the influence of alcohol or illegal drugs. However, since 1995, Virginia's concealed carry law has prohibited lawful concealed carry by permit holders (even if they aren't drinking) in ABC licensed restaurants and clubs. For nearly 100 years prior to 1995, permit holders faced no such restriction and there were no problems. Because of this recent (1995) change in Virginia’s concealed weapons law, 1) restaurants have become safety zones for violent criminals, 2) law-abiding citizens may be at risk not only at dinner, but when walking to and from their car in a dark, secluded parking lot, and 3) law-abiding citizens may be forced to unsafely store their loaded firearm in an unattended vehicle while in a restaurant.
2. Many states have "reciprocity" arrangements where they recognize each other's concealed carry permits. Increasingly, states are unilaterally recognizing all other states’ concealed handgun permits or adding a simple provision to their law that they will recognize the permits of any state that recognizes their permits. Therefore, the more states that Virginia recognizes, the more states that will recognize Virginia with the result that holders of Virginia concealed handgun permits will be able to legally carry concealed in more states.
3. Virginia law provides for fingerprinting of concealed handgun permit applicants as a local option. While most localities do not require fingerprinting, a few do. Of those localities that do require fingerprinting, some require it only for the initial application while others require it for both the initial application and for renewals too. This establishes a non-uniform application procedure throughout the Commonwealth. More importantly, the process of fingerprinting of concealed weapon permit applicants treats law-abiding citizens like common criminals and results in FBI registration of applicants. No matter what the Virginia code requires, the FBI never destroys a finger print record once it is received. Most Virginia localities and many other states (Pennsylvania, for example, with over a half million permits issued) do not require fingerprinting of concealed weapons applicants and have not experienced any problems.
4. Virginia law prohibits the carrying of firearms in courthouses, on K-12 school property, and in places of religious worship while a religious service is in progress. Other than these restrictions, Virginia does not have any law prohibiting law-abiding citizens from legally carrying a firearm in a public place in open view (open carry). Thus, no permit is required in Virginia to open carry. However, Virginia does require a permit to carry a firearm concealed. Two states have what is frequently referred to as Vermont-style carry” for both open and concealed carry -- Vermont and Alaska. These two states recognize that every citizen has the right to carry a gun, openly or concealed, except to commit a crime. Thus, with no government bureaucracy or permit system, the citizens of Vermont and Alaska can legally carry the tools for self-defense.
5. Virginia's firearms preemption law grandfathers local ordinances passed prior to January 1, 1987. In addition, Virginia law contains an antiquated 1944 measure requiring municipalities with a population density in excess of 1000 per square mile to issue handgun purchase permits. These laws turn many Virginians into second-class citizens and subject them to the inconvenience and danger of waiting periods based solely upon the jurisdiction in which they choose to make their purchase. In certain locations in Virginia a citizen who makes the personal choice to purchase a handgun may have to wait up to 8 weeks or more for police approval. This uncalled for delay exists despite Virginia's "instant check" system.
6. Gun control advocates frequently attempt to discourage gun ownership by creating a patchwork of differing local government ordinances. Most recently, efforts have been made to authorize Roanoke, Richmond, and Fairfax County to enact ordinances restricting the carrying or possession of firearms in certain municipal facilities.
7. Most firearms experts recognize that mechanical devices, such as trigger locks, create an extremely dangerous condition, whereby a gun can be fired accidentally. These dangerous "lock up your safety" devices may render a handgun ineffective when most needed and leave an individual or family defenseless and vulnerable to attack. Additionally, trigger locks create a false sense of security similar to that created when child safety caps were mandated which resulted in a significant increase in child poisonings when parents came to rely on the "safety" caps rather than education to protect their children.
8. Everyone is concerned for the safety of our children, and education is one of the best means of protecting them.
9. Most experts agree that “ballistic fingerprinting” is not a valid fingerprinting of firearms but rather just a snapshot in time because the markings on the shell and bullets change over time with use, parts replacement, and/or intentional modifications. Two studies done for the California Department of Justice concluded that ballistic fingerprinting is not a viable methodology.
10. Gun control advocates and the news media have made a concerted effort to demonize gun shows as a place where criminals have ready access to firearms. In Virginia, the State Police maintain strict control over all gun shows and dealers are required to ensure that all firearm purchases are approved by the State Police whether the sale is consummated at a gun show or at the dealer’s place of business.
11. In 1993, Governor Doug Wilder led an emotional and irrational stampede that limited the number of handguns law-abiding citizens may purchase to one every 30 days -- with police permission required for multiple purchases. Today, most Americans realize that: 1) criminals will always find ways of obtaining weapons whether legally or illegally and 2) limiting the legal activities of honest citizens reduces popular support for laws in general and undermines our legal system.
12. Gun control advocates have attempted to ban various classes of firearms and related items such as semi-automatic copies of military rifles and carbines (strictly due to their cosmetic appearance when they are, in fact, identical in function to standard semi-automatic hunting rifles), inexpensive and affordable handguns (erroneously called "Saturday Night Specials"), high-capacity magazines, etc.
13. During the 2003 Legislative Session, the House of Delegates passed a bill (100-0) to provide criminal and civil immunity to anyone who used a firearm in his own home to protect himself or his family from a violent intruder. The bill later died in the Senate.
14. During the 2003 Legislative Session, the House of Delegates passed several pro-gun owner bills that died in the Senate. In one case, the Senate and/or Party leadership would not allow a vote on these bills because one Senator did not want to go on record as being for or against the bill.
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Virginia Citizens Defense League, Inc. • P.O. Box 513, Newington, VA 22122 • 804-639-0600