More on Virginia Background Check

Yesterday I posted the WINA story about Governor McDonnell looking favorably at ending the state police run background check in favor of the federal check which was brief.  This Virginia Pilot story goes into more detail.

Under the current process in Virginia, potential gun buyers are run through state and federal checks. The scans look for records that would prohibit a purchase - things such as a criminal history, residency status in the country, drug offenses, a dishonorable military discharge, and mental health adjudications.

The state police say if Virginia transitions to using only the federal system, purchase restrictions unique to Virginia might not block a sale if the federal system were the only screening method in place.  One such difference is that Virginia blocks individuals with juvenile felony convictions from purchasing firearms.  But Virginia does not release juvenile information so a federal check would likely not block such a transaction.  Delegate John Cosgrove will attempt to fix that.

A possible solution to that has been offered by Chesapeake Del. John Cosgrove, a Republican who previously filed legislation to allow juvenile records to be shared with the U.S. attorney general.

Although his bill failed, Cosgrove said he plans to reintroduce it in the legislative session that begins Jan. 11 as a vehicle to create uniformity between that aspect of state policy and the federal background check system.

The gun ban lobby opposes doing away with the Virginia background check.  This is just one issue that VSSA will be tracking as the session begins.

Governor McDonnell Would Approve Ending Virginia Background Check

AM 1070 WINA reports that Governor Bob McDonnell would look favorably toward doing away with the two decade old instant background check run by the Virginia State Police and replace it with the federal instant check system.

Governor McDonnell says if it could be legally possible, he would support any move to do away with the criminal background check for those who buy firearms.  McDonnell says he would replace the two-decade old state system with a federal procedure.  That method screens prospective gun buyers for eligibility to get their hands on weapons.  Gun rights groups have been calling on the governor to end Virginia's Firearms Transaction Program.

The Virginia system has been plagued by delays in the last couple of years as budget cuts have caused the state police to cut back on staff amid an increase in firearm sales.  The Virginia State Police charge $2 for each background check which is passed on to the purchaser. The federal background check does not impose a fee.

McDonnell Cautious on Campus Gun Ban, Reiterates Support for Repealing Gun Rationing

The Roanoke Times reports this morning that Governor Bob McDonnell said while he would have to see the legislation, at this time he would not be inclined to sign a bill banning colleges from prohibiting firearms on campus.

"There is some legitimate debate about whether an armed citizenry can stop problems, whether it's on a college campus or any other venue, but I'd have to see what the law looks like," McDonnell said.

"I would not be inclined to support that kind of legislation."

The Governor noted he doubts such legislation is likely to pass the General Assembly this year.  But he also had good news for gun owners by restating his support for repealing Virginia's handgun rationing law.

McDonnell said Tuesday that he remains supportive of another gun rights priority. The governor said he would sign a bill to repeal the state's one-gun-per-month limit on handgun purchases if lawmakers send it to him. McDonnell voted for the restriction as a legislator two decades ago because of concerns about "guns-for-drugs traffic" between Virginia and the Northeast.

But McDonnell said the state has since enacted additional measures to address those concerns "without having an arbitrary volume restriction on firearms."

The General Assembly convenes on January 11 and repealing handgun rationing is VSSA's top priority.

American Rifleman: Top Shot Season 1 Winner Becomes U.S. Citizen

Great story.  It's at the American Rifleman Blog.

Blue Ridge Community College Forced to Ban Firearms on Campus

The Staunton News Leader reported Friday that thanks to action taken by the state governing board of Virginia's community college system, Blue Ridge Community College (BRCC) will no longer be able to allow students with concealed handgun permits (CHPs) to carry on campus.  BRCC is the only public college or university that allowed it's students to carry while on campus.

The move comes after the state board for the community college system approved a statewide guideline recommending a ban in September, college spokeswoman Bridget Baylor said Friday.

The board took action after Virginia Attorney General Ken Cuccinelli wrote in a July legal advisory opinion that university policies couldn’t apply to people with CHPs because they did not have the force of law.  He did however write that a regulation is enforceable because it undergoes a more formal process and must be approved by a university’s governing body through the Virginia Register Act.  All of the state's public colleges and universitities have set about replacing their policies with regulations.

Interestingly enough, the community college spokesman said this:

Baylor said the college has not had any problems with students or staff discharging guns or threatening people with weapons. Advocates for allowing students and teachers to carry weapons into school often cite Blue Ridge as an example to follow.

Maybe that was the real problem; there was a perfect example in Virginia of how permit holders are no threat to faculty and students.

Firearm Bills Pre-filed for 2012 General Assembly Session

Four bills have been pre-filed for the 2012 Session of the General Assembly.

HB 20 Emergency Services & Disaster Law; shall not be interpreted to prohibit carrying, etc., of firearms-Provides that nothing in the Emergency Services and Disaster Law shall be interpreted to limit or prohibit the possession, carrying, transportation, sale, or transfer of firearms.

HB 22 Firearms; disposition thereof acquired by localities - 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 (compensated gun confiscation) 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 offered for sale by public auction or sealed bids to a person licensed as a dealer.

HB 25 Concealed handgun permits; confidentiality of permittee information - Prohibits the clerk of the court from disclosing information contained on a concealed handgun permit application or on an order issuing a concealed handgun permit.

HB 26 Concealed handgun permit; failure to produce upon demand of a law-enforcement officer, penalty - Provides that failure to produce, upon demand of a law-enforcement officer, a concealed handgun permit and a government-issued photo identification while carrying a concealed handgun is punishable by a $25 civil penalty. A court may waive this penalty if the person presents a valid concealed handgun permit and government-issued photo identification to the court. The bill also introduces an affirmative defense of having a valid concealed handgun permit to a charge of violating the concealed weapons statute.

HB 22 and HB 25 have surfaced before.  A bill similar to HB 22 was vetoed by Tim Kaine when he was governor.  HB 25 address the issue of newspapers like the Fredericksburg Free Lance Star publishing the names of people issue concealed handgun permits.  Prior biills introduced to address this issue have not passed but with the change in the make-up of the state senate, there is hope this may be the year for this legislation.

Can the Fast and Furious News Get Worse?

From today's Morning Jolt from NRO's Jim Geraghty:

The really short update on the Fast and Furious scandal: Yesterday, it sounded bad; today, it sounds worse. CBS: 

Documents obtained by CBS News show that the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) discussed using their covert operation "Fast and Furious" to argue for controversial new rules about gun sales.

ATF officials didn't intend to publicly disclose their own role in letting Mexican cartels obtain the weapons, but emails show they discussed using the sales, including sales encouraged by ATF, to justify a new gun regulation called "Demand Letter 3". That would require some U.S. gun shops to report the sale of multiple rifles or "long guns." Demand Letter 3 was so named because it would be the third ATF program demanding gun dealers report tracing information.

On July 14, 2010 after ATF headquarters in Washington D.C. received an update on Fast and Furious, ATF Field Ops Assistant Director Mark Chait emailed Bill Newell, ATF's Phoenix Special Agent in Charge of Fast and Furious:

"Bill -- can you see if these guns were all purchased from the same (licensed gun dealer) and at one time. We are looking at anecdotal cases to support a demand letter on long gun multiple sales. Thanks."

Geraghty is not the only one writing about Fast and Furious this morning.  Ben Howe at Red State:

Now call me crazy, but if you're trying to get a law passed that prevents the sale of multiple weapons to a single customer but you have to force dealers to do this, doesn't that indicate that it might not be happening? Forcing people to do something against their better judgment so you can make the case that that very thing must be stopped is the kind of circular logic that only a radicalized Alinskyite could get behind.

Today's House Judiciary Oversight Hearing on DOJ is not going to be fun for Eric Holder. Watch it live here.