Firearms; regulation by state entities prohibited. (HB1096)

Introduced By

Del. Michael Webert (R-Marshall) with support from co-patrons Del. Mark Cole (R-Fredericksburg), and Del. Charles Poindexter (R-Glade Hill)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Regulation of firearms by state entities. Prohibits any state entity from adopting or enforcing any rule, regulation, policy, or administrative action governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof unless expressly authorized by statute. The bill invalidates any such rule, regulation, policy, or administrative action adopted by a state entity prior to July 1, 2016. The bill does not prohibit a law-enforcement officer from acting within the scope of his duties, nor does it apply to the Department of Corrections, Department of Juvenile Justice, Department of State Police, Virginia National Guard, Department of Behavioral Health and Developmental Services, or Department of Social Services. The bill allows entities to adopt or enforce rules or regulations necessary for compliance with the Fire Prevention Code or necessary for the operation of Reserve Officer Training Corps programs. The bill expressly authorizes the Board of Game and Inland Fisheries to create certain regulations governing the possession, carrying, transportation, and storage of firearms, ammunition, or components or combinations thereof. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/13/2016Committee
01/13/2016Prefiled and ordered printed; offered 01/13/16 16100024D
01/13/2016Referred to Committee on Militia, Police and Public Safety
01/18/2016Assigned to sub: #1
01/18/2016Assigned MPPS sub: #1
01/18/2016Impact statement from DPB (HB1096)
01/21/2016Subcommittee recommends reporting with amendment(s) (4-Y 1-N)
02/05/2016Reported from Militia, Police and Public Safety with substitute (15-Y 7-N) (see vote tally)
02/05/2016Committee substitute printed 16104695D-H1
02/05/2016Incorporates HB593
02/08/2016Read first time
02/09/2016Impact statement from DPB (HB1096H1)
02/09/2016Passed by for the day
02/10/2016Read second time
02/10/2016Committee substitute agreed to 16104695D-H1
02/10/2016Engrossed by House - committee substitute HB1096H1
02/11/2016Read third time and passed House (64-Y 34-N)
02/11/2016VOTE: PASSAGE (64-Y 34-N) (see vote tally)
02/11/2016Passed by temporarily
02/11/2016Reconsideration of passage agreed to by House
02/11/2016Passed House (63-Y 35-N)
02/11/2016VOTE: PASSAGE #2 (63-Y 35-N) (see vote tally)
02/12/2016Constitutional reading dispensed
02/12/2016Referred to Committee for Courts of Justice
02/24/2016Reported from Courts of Justice with amendment (9-Y 6-N) (see vote tally)
02/26/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/29/2016Read third time
02/29/2016Reading of amendment waived
02/29/2016Committee amendment agreed to
02/29/2016Engrossed by Senate as amended
02/29/2016Passed Senate with amendment (21-Y 17-N) (see vote tally)
03/01/2016Placed on Calendar
03/02/2016Senate amendment agreed to by House (65-Y 33-N)
03/02/2016VOTE: ADOPTION (65-Y 33-N) (see vote tally)
03/03/2016Enrolled
03/03/2016Bill text as passed House and Senate (HB1096ER)
03/03/2016Impact statement from DPB (HB1096ER)
03/03/2016Signed by Speaker
03/06/2016Signed by President
03/07/2016Enrolled Bill communicated to Governor on 3/7/2016
03/07/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
03/23/2016G Vetoed by Governor
04/20/2016Placed on Calendar
04/20/2016House sustained Governor's veto (66-Y 34-N)
04/20/2016VOTE: OVERRIDE GOVERNOR'S VETO (66-Y 34-N)
04/20/2016Requires 67 afirmative votes to override Governor's veto

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 10 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Del. Bill Howell (R-Fredericksburg): AYES 34, NOS 3. >> NOS 34, NOS 3. THE BILL PASSES.

[Unknown]: HOUSE BILL 1096. A BILL RELATING TO REGULATION OF FIREARMS BY STATE ENTITIES. REPORTED FROM THE COMMITTEE FOR COURTS OF JUSTICE WITH AMENDMENT. THE SENATOR FROM ROCKINGHAM. >> MR. PRESIDENT, I MOVE THAT THE COMMITTEE AMENDMENT BE AGREED TO. THE QUESTION IS HALL THE COMMITTEE AMENDMENT BE AGREED ALL IN FAVOR SAY AYE. TO. THOSE OPPOSED, NO. THE AYES HAVE IT. THE AMENDMENT IS AGREED TO. THE SENATOR FROM ROCKINGHAM. MR. PRESIDENT, I MOVE THAT THE BILL PASS. MR. PRESIDENT, MEMBERS OF THE SENATE WHAT THIS BILL DOES IS IT PROHIBITS ANY STATE ENTITY FROM ADOPTING OR ENFORCING ANY RULE REGULATION, POLICY OR ADMINISTRATIVE ACTION GOVERNING THE PURCHASE, POSSESSION, TRANSFER, OWNERSHIP, CARRYING, STORE AND OR TRANSPORTATION OF FIREARMS OR AMMUNITION UNLESS EXPRESSLY AUTHORIZED BY STATUTE. IT JEN VAL LIT DATES ANY RULES THAT CONFLICT WITH THAT. EXCEPTIONS HAVE BEEN PAID MADE IN THE BILL FOR THE DEPARTMENT OF DIRECTIONS CORRECTIONS, THE DEPARTMENT OF JUVENILE JUSTICE, STATE POLICE, NATIONAL GUARD, DEPARTMENT OF BEHAVIORAL HEALTH DEPARTMENT AND ANY INSTITUTION OF HIGHER EDUCATION AS WELL AS COMMONWEALTH ATTORNEYS INDIGENT DEFENSE COMMISSION AND DEPARTMENT OF FORENSIC SCIENCES. WITH THAT, MR. PRESIDENT, I WOULD ASK THAT THE BILL PASS.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL HOUSE BILL 1096 PASS. ALL IN FAVOR OF THE MOTION WILLS AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE
GENTLEMAN FROM FAUQUIER, MR. WEBBERT.

[Unknown]: THANK YOU, MR. SPEAKER, I MOVE THE BODY ACCEPT THE SENATE AMENDMENT. SHALL THE SENATE AMENDMENT BE AGREED TO? CLERK WILL CLOSE THE ROLL. AYE, 65, NO, 33. THE SENATE AMENDMENT IS AGREED TO.
THERE IS A NATURAL TENSION BETWEEN THE EXECUTIVE AND LEGISLATIVE BRANCHS IT IS MY THE BILL IS IN THE RIGHT. IT'S INTENT TO PUT US BACK INTO WHERE WE WERE. IF LOOKING BACK ACROSS THE TRAGEDIES A VAST MAJORITY OCCURRED IN GUN-FREE ZONES. THE GOVERNOR'S ORDER CREATES BELIEVE -- BELIEF THE GOALS OF THOUSANDS MORE. >> ALL VIRGINIANS HAVE THE RIGHT TO FEEL SAFE AND PROTECTED IN WORK ENVIRONMENT. THIS BILL WOULD ACTUALLY INVALIDATE EXISTING REGULATIONS PROMOTING PUBLIC SAFETY IN THE I BELIEVE ALL OF US RESPECT THE BUILDINGS. SECOND AMENDMENT AND SWORN TO UPHOLD AND PROTECT THE CONSTITUTION. HOWEVER, WE BELIEVE VIRGINIANS HAVE THE RIGHT TO LIFE, LIBERTY AND PURSUIT OF HAPPINESS. EVERY DAY, MR. SPEAKER, 60,000 VIRGINIANS REPORT TO WORK IN STATE GOVERNMENT BUILDING AS CROSS THE COMMONWEALTH TO PROVIDE SERVICES TO FELLOW VIRGINIANS. IT SHOULD NOT BE IMPEDED WITH THE CONCERN OR FEAR OF SOMEONE HAVING A WEAPON. WE MUST TAKE PRECAUTION TO PROTECT FROM GUN VIOLENCE. AND CANNOT WAIT FOR FURTHER TRAGEDY TO ADDRESS THIS. ALLOWING OPEN CARRY BY INDIVIDUALS SOME OF WHOM MIGHT COULD EXPOSE STATE EMPLOYEES UNNECESSARY RISK OR TRAGEDY. THE GOVERNOR'S EXECUTIVE ORDER IS A APPLICATION OF ADMINISTRATIVE REQUIREMENTS IMPLEMENTED THROUGHOUT STATE AGENCIES. I HOPE IT WILL BE THE WILL OF THE BODY TO VOTE NO.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM SHENANDOAH, MR. BILL GERT.

[Unknown]: THANK YOU, MR. SPEAKER. SPEAKING TO THE VETO.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN HAS THE FLOOR.

[Unknown]: I WOULD LOVE TO JUST INJECT LOGIC INTO WHAT THE GENTLEWOMAN SAID NOW. NO MATTER HOW MANY TIMES SHE SAYS SAFE, SAFETY, OR FEELS SAFE, NONE OF THAT RESULTS IN SAFETY. SHE HEARD THE GENTLEMAN STATE THAT THE VERY TRANL DIS THAT WE TRY TO PREVENT OCCUR IF THE PLACES THAT THE GOVERNOR HAS CREATED BY THOUSANDS MORE. THOUSANDS MORE PLACES WHERE PEOPLE FEEL SAFE. SOMEONE PUT A SIGN UP SAYING IF YOU'RE COMING HERE TO KILL PEOPLE, THERE IS A POLICY THAT SAYS YOU CAN'T BRING A GUN IN HERE, OKAY? THE ONLY PEOPLE THAT ARE GOING TO ABIDE BY THAT ARE PEOPLE WHO FOLLOW THE LAW, RULES, AND REGULATIONS. AND JUST BECAUSE YOU SAY WORDS LIKE PRECAUTION, OR PROTECT OR SAFETY, OR TRAGEDY, OVER AND OVER DOESN'T MAKE THIS LOGICAL. SO WHAT WE'VE DONE IS PREVENT PEOPLE WHO EVERYWHERE ELSE HAVE ABILITY TO PROTECT THEMSELVES, TO PROTECT THEIR FAMILY, TO PROTECT THE INNOCENT BYSTANDERS IN LINE AT THE DMV OR WHATEVER. TELL THEM YOU NO LONGER HAVE THAT RIGHT. IN THE MOST PUBLIC PLACES, PLACES THAT THEY OWN, THE TAXPAYERS PAID FOR. WE'VE TOLD THOSE PEOPLE YOU CAN'T BRING YOUR GUN THERE. WHAT DO WE TELL THE POTENTIAL MASS MURDERER? THEY KNOW THEY'LL BE ABLE TO SEE THROUGH THEIR PURPOSE BECAUSE NOBODY IS THERE TO PROTECT THEMSELVES. THAT IS THE TROJAN BEING USED HERE. I KNOW THERE IS AN AGENDA AT WORK. I UNDERSTAND THE AGENDA. THAT IS WHY WE FIGHT HARD AGAINST THE AGENDA. LET'S BE LOGICAL. THIS DOESN'T MAKE ANYONE SAFER. SCOFF, BUT YOU KNOW IT'S TRUE. MR. SPEAKER, I HEARD THAT TERM USED BEFORE. FEEL SAFE. IN 2006, I CARRIED A BILL THAT WOULD HAVE ALLOWED OTHERWISE ELIGIBLE 21-YEAR-OLD PEOPLE WHO HAVE A COPS YEELED WEAPON PERMIT TO CARRY THEIR PERMIT ON A COLLEGE OR UNIVERSITY HERE IN THE COMMONWEALTH OF VIRGINIA. THE BILL WAS DEFEATED THE SPOKESMAN FOR VIRGINIA TECH, I REMEMBER CLEAR AS DAY, SAID HE PRAYS THE DEFEAT OF THE BILL. SAYING THAT THE DEFEAT OF THIS BILL WILL MAKE OUR STUDENTS, FACULTY AND VISITORS FEEL MORE SAFE ON CAMPUS. THAT IS 2006. LET'S CUT IT OUT. OKAY? LET'S BE LOGICAL AND MAKE PEOPLE SAFER AND PEOPLE WHO WANT TO TAKE ACCOUNT FOR THEIR OWN SAFETY, LET'S TRUST THEM TO DO THAT. LIKE WE DO EVERYWHERE ELSE IN SOCIETY. THERE IS NOTHING MAGICAL ABOUT THESE STATE BUILDINGS. I ENCOURAGE YOU TO OVERRIDE THIS