Virginia Citizens Defense League, Inc. • P.O. Box 513, Newington, VA 22122 • 804-639-0600
VCDL 2009 Statewide 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 1995 change in Virginia’s concealed weapons law, 1) violent criminals know that restaurant patrons are defenseless prey, 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 unnecessarily handle and unsafely store their loaded firearm in an unattended vehicle while in a restaurant. In addition, 36 other states with over 2.6 million permit holders do not have this “restaurant ban” and haven’t experienced any problems.
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 automatically recognizes the permits of any state that recognizes their permits. These states have experienced no problems due to the their unilateral recognition of other states’ permits. Therefore, as Virginia recognizes more states’ permits, more states will recognize Virginia’s permits resulting in Virginia concealed handgun permit holders being able to legally carry concealed in more states.
3. Virginia law provides for fingerprinting of concealed handgun permit applicants as a local option. Most localities do not require fingerprinting -- only 25% require it. 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 Code of Virginia requires, the FBI never destroys a finger print record once it is received. 75% of 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 generally prohibits the carrying of guns in both public and private K-12 schools, except for the police (including off-duty, vacationing LEOs from other states). So, an off duty, vacationing game warden from Hawaii can legally carry a loaded gun into a Virginia school classroom, but a Virginia citizen with a concealed handgun permit can’t even get out of his car! This ban 1) infringes the rights of law abiding Virginians, 2) grants special privileges to citizens of other states who know little or nothing of Virginia law, and 3) makes it almost certain that children and school personnel would remain helpless in the face of a Columbine type of attack by a deranged student or stranger who will ignore the law against bringing a gun in the school. Even the draconian federal Gun Free School Zone Act specifically exempts concealed handgun permit holders from its restrictions and allows permit holders to carry their firearms into classrooms.
5. Virginia law does not prohibit the carry or possession of firearms on college and university property. However, many colleges and universities have established policies prohibiting students and staff from possessing or carrying firearms on campus. Students risk expulsion and staff risk being fired if they violate these policies. Unfortunately, these “no guns” policies only disarm the law-abiding who are then unable to provide for their own defense, as seen in recent school massacres where such gun control was in effect. Bills were introduced in both 2006 and 2007 Legislative Sessions to eliminate these college “victim disarmament zones”. They were defeated, ensuring that criminals and murderers will have the upper hand. As the tragedy at Virginia Tech proved, the “I’m unarmed, please don’t hurt me” approach is not an effective means of self defense, especially when faced with a violent criminal determined to kill. Unfortunately, the police can’t be everywhere all the time and usually arrive after the crime to take a report from any survivors.
6. Virginia law prohibits the carrying of firearms in courthouses, on K-12 school property, the terminals of certain airports, 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 for those who choose to carry a firearm concealed. Two states recognize that every citizen has the right to carry a gun, openly or concealed, for all lawful purposes – Vermont and Alaska. While Vermont does not issue permits at all, Alaska continues to issue optional permits for those who wish to take advantage of reciprocity agreements with other states.
7. 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, Norfolk, and Fairfax County to enact ordinances restricting the carrying or possession of firearms in certain municipal facilities.
8. Like most states, Virginia preempts localities from enforcing their own homemade gun control ordinances to prevent gun owners from running afoul of a patchwork of criminal laws. But even though statewide firearms preemption was enacted in Virginia way back in 1987, and was further clarified and strengthened in 2002, 2003, and 2004, localities continue to enact and enforce local gun control ordinances. As recently as Spring 2007, the City of Norfolk enacted a “gun ban” and then proceeded to arrest a law-abiding individual for violating this invalid local ordinance. Individuals who violate the law are subject to penalties. Some localities, however, after publicly affirming during government meetings that they cannot be held accountable, openly operate above the law.
9. 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.
10. 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. Most recently, a Maryland State Police report on Maryland’s ballistic fingerprinting program called it expensive and ineffective. In addition, the head of the Maryland State Police testified before a Maryland House committee that the mandate to collect ballistics information hasn't helped solve any crimes.
11. Gun control advocates have made a concerted effort to demonize gun shows as a place where criminals have ready access to firearms. However, according to a 2001 U.S. Department of Justice report, only 0.7% of criminals got their guns from gun shows. In Virginia, the State Police maintain strict control over all gun shows and dealers are required to ensure that all their firearm transfers are approved by the State Police whether the transfer is consummated at a gun show or at the dealer’s place of business. The terms “gun show loophole” and “unlicensed gun dealer” have been fabricated to mislead the public into believing that gun shows permit gun transfers that would be forbidden anywhere else. There is nothing that can be done legally at a gun show that cannot also be done legally outside of a gun show. Closing the imaginary “gun show loophole” is just the first step in a campaign to criminalize all non‑dealer private gun transfers.
12. 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. In addition, South Carolina was the first state to pass a “one-gun-a-month” law and has recently repealed that law.
13. 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 (derisively called "Saturday Night Specials"), high-capacity magazines, .50 caliber rifles, etc.
14. 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.
15. In 2006, VCDL identified 14 different regulations in the Virginia Administrative Code (VAC) that do not have any statutory authority for restricting the possession or carrying of firearms. See: www.vcdl.org/pdf/VCDL_Memo_to_AG_on_VAC.pdf These regulations punish law abiding citizens lawfully exercising their rights. Since VCDL's memo was published, George Mason University added another regulation to the VAC restricting the possession and carrying of firearms.
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Virginia Citizens Defense League, Inc. • P.O. Box 513, Newington, VA 22122 • 804-639-0600