Legislative Affairs Committee Update

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Here’s this week’s update from your Friendly Neighborhood Legislative Affairs Committee.  In this note:

  1. Legislative Updates
  2. Finding Your elected representatives, both State and Federal
  3. Update on CHP and Day Care/Pre School Interaction
  4. VCDL Lobby Day

1. Legislative Updates

The Virginia Assembly Special Session remains in session with both the House and the Senate very busy on budget reconciliation and criminal justice reform. The 2A Bills of interest, which your friendly neighborhood Legislative Affairs Committee has been watching, have not made much progress in the past week.  Their progress is as follows:

  • HB5020 – Local control of firearms; concealed handgun permit. Provides that any local ordinances that prohibit the possession, carrying, or transportation of any firearms, ammunition, or components or combination shall not apply to a person who has a valid concealed handgun permit.
    • This Bill has been sent to the Committee on Public Safety for consideration.  No movement since 15 AUG.
  • SB5041 – Concealed handgun permits; demonstration of competence; effective date. Amends the delayed enactment clause for Chapter 390 and the delayed enactment clause for Chapter 1130 of the Acts of Assembly of 2020 so that the provisions of such chapters will take effect on January 1, 2022, instead of January 1, 2021. The bill has an emergency clause.
    • This Bill is ready to be sent to the House for consideration. (Good news)
  • HB5024 – Firearm sales; criminal history record information check; penalty. Eliminates the Class 1 misdemeanor penalty for a person who purchases a firearm from another person without obtaining the required criminal history record information check. The bill also eliminates the question on the form provided to a firearm dealer by the Department of State Police asking whether a prospective purchaser of a firearm has ever been the subject of a mental health temporary detention order and subsequently agreed to a voluntary admission.
    • This Bill remains stuck in the Committee on Public Safety for consideration.  No action on it since 17 AUG.

2.  Finding Your elected representatives, both State and Federal.

Your state representatives should hear from you! Both emails and phone calls remain your best options. Not sure who your state representatives are?  Find out through this link.  https://whosmy.virginiageneralassembly.gov/

3.  Update on CHP and Day Care/Pre School

VCDL is reporting a much more restrictive interpretation of the interaction of CHP holders and pre-schools.  Here’s what they are reporting:

  • This is an important nuance in the new law that treats licensed child day centers (NOT operated in a home) and preschools the same as a K-12 school as far as guns go.
  • Summary – The entire property (building and grounds) where there is a licensed day center or preschool is treated as if it were a K-12 school.
  • Impact
    • For child day centers and private or religious preschool, the gun ban is during the operating hours of the day center or preschool.
    • For public preschools, the ban is 24 hours a day, 7 days a week.
    • No guns can be possessed outside of a vehicle in the parking lot.
    • A person with a CHP can have a loaded, concealed handgun on them or elsewhere in the vehicle if the CHP holder stays in the vehicle.
    • A person without a CHP, or a CHP holder who needs to exit their vehicle, must store their gun unloaded in a closed compartment or container in the vehicle.
    • A violation is a Class 6 felony.  However, the prosecutor would have to prove that you knew you were on school grounds (i.e., on the grounds of the church or other building during hours of operation of a day center or preschool).

4.  VCDL Lobby Day is January 18th.  Watch for updates from your Club President and this Committee.

Thanks from Your Friendly Neighborhood FRGC Legislative Affairs Committee.