Tuesday, January 12, 2010

Important Pending Virginia Legislation

HB = House Bill ; SB = Senate Bill

Positive Virginia Legislation to Support


HB 10 - Virginia Health Care Freedom Act
- Sponsored by Bob Marshall

Protects an individual's right and power to participate or to decline to participate in a health care system or plan. The bill prohibits any law that will infringe on an individual's right to pay for lawful medical services. The bill further prohibits the adoption of any law that imposes a penalty, tax, or fine upon an individual who declines to enter into a contract for health care coverage or to participate in a health care system or plan.


HB 60 - Amends Food Safety Preparation Law § 3.2-5130 - Sponsored by David J. Toscano

Exempts private homes from food safety inspections where the resident processes and prepares pickles, relishes, and salsas for sale to individuals at the home or at farmers markets and labeled "NOT FOR RESALE - PROCESSED AND PREPARED WITHOUT STATE INSPECTION." Private homes are already exempt from inspection where candies, jams, jellies, and baked goods are prepared and distributed accordingly.


HB 69 - Firearms Freedom Act - Sponsored by Charles W. "Bill" Carrico

Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce.


HB 106 - Concealed Carry - Sponsored by Mark L. Cole

Allows a person with a valid concealed handgun permit to carry a concealed handgun in a place of worship with permission of the leader of the religious meeting. The bill also eliminates the restriction against carrying a concealed handgun in a restaurant that serves alcohol.


HB 108 - Disposition of Firearms - Sponsored by Mark L. Cole

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.


HB 109 - Elimination of Firearms Licensing Fees and Records - Sponsored by Mark L. Cole

Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a recordkeeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records.


HB 152 - Personal Protection for Private Security Employees - Sponsored by John M. O'Bannon, III

Declares that firearms, firearms accessories, and ammunition made in Virginia and retained within the borders of Virginia are not subject to federal law or regulation under the authority of Congress to regulate interstate commerce.



Virginia Legislation to Oppose, as explained by VCDL


SB 70 - Reinforces Federal Gun Ban for Domestic Violence Misdemeanor - Sponsored by John M. O'Bannon, III

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.org Comments: This bill disallows expungement for MISDEMEANOR domestic violence convictions if that conviction bans the possession of a firearm under federal law. Once convicted, you will be forever banned from possessing firearms as there will be no way to get that conviction expunged. The misdemeanor domestic violence gun ban is a travesty and we need to have a way for good people to get their gun rights back.


HB 183 - Firearms Freedom Act - Sponsored by Joseph D. Morrissey

Allows a person convicted of a criminal offense to have his conviction expunged after 10 years have passed 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.org Comments: This bill is a matching bill to SB 70, which allows for expungement of certain convictions, but does not do so in a way that the federal government would likely accept because the expunged data is not really expunged, but is kept for possible reference in the future. Even if the expungements were valid, the bill does not allow the expungement of MISDEMEANOR domestic violence convictions if that conviction bans the possession of a firearm under federal law. Once convicted, you will be forever banned from possessing firearms as there will be no way to get that conviction expunged. The federal misdemeanor domestic violence gun ban is a travesty, is unconstitutional, and Virginia should not be supporting it in any way.