Virginia Democrats Press Major New Gun Control Measures Despite GOP Opposition

This article was reprinted with permission from the Virginia Mercury.

Virginia Gov. Glenn Yankin's announcement this month that he believes the state's gun laws are already strict enough hasn't stopped Democrats from pushing key proposals that would limit access to guns.

Policy committees in both houses of the General Assembly have begun pushing major gun control bills while resisting Republican efforts to repeal existing gun restrictions and legalize guns in more places.

On both sides of the Legislature, bills banning the future sale of assault weapons and large magazines passed by bipartisan committee votes. Bills have also been proposed to ban so-called "guns," untraceable firearms assembled at home, often from DIY kits that can be purchased online.

Other bills have been introduced that would require a five-day waiting period for all gun purchases, require buyers to demonstrate knowledge through a gun safety course, impose a $500 civil penalty for leaving a handgun open in a vehicle unattended, and repeal the ban on gun safety. a weapon for everyone. with two DUI convictions within five years of carrying an existing firearm in public and the requirement to obtain a government permit before purchasing a weapon.

Some of these bills have not yet been heard in committee. But no matter how Democratic lawmakers iron out the details, few gun control proposals are expected to win the support of the Republican governor.

On Monday, Youngkin spokesman Christian Martinez said the governor would review all laws, but seized on a line from Youngkin's recent State of the Commonwealth address, calling Virginia's gun laws "already among the strictest in the country."

“He calls on members of the General Assembly to hold gun offenders accountable by strengthening and increasing their sentences to keep criminals off the streets,” Martinez said.

That reflects criticism from Republican lawmakers and gun rights groups at committee hearings, where opponents called the proposals misguided and potentially unconstitutional as the state Supreme Court recently adopted an expanded opinion on the right to carry firearms outside the home.

But advocates for stricter gun laws appear steadfast, portraying the new bills as a clever attempt to stop gun violence before it happens rather than redoubling their efforts to prosecute offenders.

“We hope the governor will support these actions and save lives across the commonwealth,” said Laurie Haas, a longtime gun violence prevention activist whose daughter was wounded in the 2007 mass shooting at Virginia Tech.

Most votes on gun laws this session predictably split along party lines, with debate at times contentious.

At a House subcommittee hearing on assault weapons legislation last week, Rep. A.C. Cardoso, R-Hampton, one of the few black Republicans in state politics, noted that weapons of any kind are rarely used in gun homicides. He said most gun homicides involve guns being used against black men.

"Why don't you have a bill that would end violence against African Americans?" Cardoso said.

Rep. Dan Helmer, a Fairfax Democrat and supporter of assault weapons legislation, said Democrats have introduced numerous bills aimed at stopping more common forms of gun violence.

“I am deeply concerned that the delegate does not want the 5 percent murder rate in the Commonwealth to stop,” Helmer said. “Because I think 5% is too much.”

Rep. Marcus Simon, a Fairfax Democrat, also weighed in and said he would be happy to talk to Cardoso about which party has the best track record of preventing gun violence in communities of color.

“This is not a baseline situation,” said Simon, chairman of the House Public Safety Committee. “I cannot ignore this proposal. I can't leave him."

The assault weapons bill passed the House Public Safety Committee last week by a vote of 11 to 9. Its counterpart in the other chamber received the green light from the Senate Judiciary Committee on Monday by a vote of 9 to 6.

Defining an assault weapon has been a challenge for lawmakers in the past. A bill being debated this year defines them as weapons that can be used with high-capacity magazines and other modifications such as stocks, grips and suppressors. The proposal excludes weapons manufactured before July 1. This is a benefit that allows assault weapon owners to keep firearms they have already acquired legally. The restrictions apply only to assault weapons manufactured after the ban took effect.

A Senate committee rejected an attempt to repeal Virginia's so-called red flag law, part of a major gun control package passed by Democrats in 2020 that allows authorities to restrict shootings of people deemed a threat to others to temporarily remove themselves.

Sen. Glenn Sturtevant, R-Chesterfield, laid out the legal arguments for repealing the bill, saying he sees it more as an issue of due process rights and limits on government seizure of property. But Democrats on the panel reminded Sturtevant, who lost his seat in 2019 and returned this year after unseating former Republican Sen. Amanda Chase in a redder district, that he previously viewed red flag laws as a promising idea.

“They voted for him in 2019,” said Sen. Creigh Deeds, D-Charlottesville. “Now you want to cancel it. For what?"

Sturtevant said the bill passed in 2020 is different from the one he voted for in 2019. He said the law's problems have become more apparent over time.

Democrats on the panel disputed that claim, saying the law has been used more than 1,000 times without major legal challenges, citing loopholes in its due process provisions.

While Youngkin is widely expected to veto more sweeping gun legislation brought to him by Democrats, it will be harder for the governor to reject more modest proposals outright.

Democrats are pushing to strengthen the state's gun safety laws with bills that would hold gun owners accountable if a minor obtains a gun and uses it to commit a crime.

Sen. Dave Marsden, D-Fairfax, introduced a bill that would fine gun owners who leave their guns in unattended vehicles in full view of passersby and said he hopes the governor will use his proposal to curb what he called widespread gun theft. . from cars. . He noted that the bill does not include criminal penalties and specifically excludes long guns so as not to impact hunters and others who might have a gun rack in their truck cab.

“It’s a minimalist approach to a big problem,” Marsden said.

Gun rights advocates said the proposal would effectively punish those who are victims of crime and that authorities should instead focus their efforts on arresting and prosecuting those who steal guns from cars.

“Punish them,” said Sen. Mark Peake, R-Lynchburg. "Send a message."

One proposal received bipartisan support in early committee votes.

With support from the Richmond Police Department, Delaware freshman Mike Jones, a Richmond Democrat, is sponsoring a bill to ban automatic suppressors, which are small plastic or metal devices that can quickly turn semi-automatic weapons into automatic weapons. Clear the hook of all ammunition.

The proposal has so far received unanimous support in House committee votes, with gun rights groups saying they are neutral on the issue because the bill is largely consistent with federal law that already restricts the use of such devices.

But some Senate Republicans have expressed concern that the proposal is too broad.

"They want these things to be illegal, period, so that criminals can't use them to hurt people," said Sen. Richard Stewart, a Westmoreland Republican who voted to advance the bill, while four of his colleagues Republicans opposed him. “Would you mind if someone shot a watermelon in the field?” They have 1,500 acres of land and a 300-acre cornfield and want to do it for fun.

Sen. Russett Perry, a Loudon Democrat, said the bill she sponsored is an attempt to address the public safety problem posed by widely available devices that help guns fire more bullets with less control.

"If you're trying to kill a watermelon," added gun violence prevention activist Andrew Goddard, "you probably don't want guns circulating anyway."

Why should “good” gun owners be restricted, one resident asks President Obama at City Hall.