Concealed handgun; person may carry concealed without permit if otherwise eligible to obtain permit. (SB48)
Introduced By
Sen. Dick Black (R-Leesburg) with support from co-patron Sen. Tom Garrett (R-Lynchburg)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
☐ |
Passed House |
✗ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Concealed handgun permits. Allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth. Read the Bill »
Outcome
Bill Has Failed
History
| Date | Action |
|---|---|
| 12/15/2015 | Prefiled and ordered printed; offered 01/13/16 16101905D |
| 12/15/2015 | Referred to Committee for Courts of Justice |
| 12/15/2015 | Introduced bill reprinted 16101905D |
| 01/20/2016 | Reported from Courts of Justice (7-Y 5-N) (see vote tally) |
| 01/25/2016 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
| 01/26/2016 | Read second time and engrossed |
| 01/27/2016 | Passed by for the day |
| 01/28/2016 | Passed by for the day |
| 01/29/2016 | Passed by for the day |
| 02/01/2016 | Read third time and defeated by Senate (20-Y 20-N) (see vote tally) |
| 02/01/2016 | Chair votes No |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 7 minutes.
Transcript
This is a transcript of the video clips in which this bill is discussed.
CONCEALED CARRY, IF YOU WEAR A JACKET RATHER THAN JUST OPEN CARRYING, THAT YOU ARE NOT SUBJECT TO ANY PARTICULAR REQUIREMENT FOR A PERMIT OR ANY OTHER REQUIREMENTS. IT DOES RETAINSen. Dick Black (R-Leesburg): THE PROCESS FOR PERMITTING SOLELY FOR THE PURPOSE OF ACCOMMODATING THOSE PEOPLE WHO NEED A PERMIT FOR USE FOR RECIPROCITY PURPOSES WITH OTHER STATES. AND I HOPE IT WILL BE THE PLEASURE OF THE BODY TO PASS THE BILL
[Unknown]: THANK YOU, SENATOR WOULD THE GENTLEMAN YIELD FOR A QUESTION? WOULD THE GENTLEMAN YIELD FOR A QUESTION? I WOULD YIELD I COULD ASK THE GENTLEMAN WITHOUT GETTING TO THE MERITS OF THE BILL BUT JUST AS A PRACTICAL MATTER WOULDN'T IT BE SIMPLE JUST TO REPEAL 18-2.308? THE SENIOR SENATOR FROM LOUDOUN I KNOW THERE ARE ALTERNATIVE METHODS TO LOOK AT IT. THIS IS THE BILL AND I AM HOPING THAT YOU PASS IT FURTHER QUESTION, MR. CHAIR WOULD THE GENTLEMAN YIELD FOR AN ADDITIONAL QUESTION? I DO HE YIELDS BASICALLY WHAT WE ARE DOING IS SAYING SOMEBODY COULD CARRY CONCEALED IN A PLACE THEY COULD CARRY PUBLICLY. THEY COULD CARRY CONCEALED IN A PRIVATE HOME OR PLACE OF BUSINESS, WHEREVER, AS LONG AS THERE IS NOT A SIGN SAYING YOU CANNOT HAVE A FIREARM HERE. THE SENIOR SENATOR FROM I BELIEVE WHAT YOU SAID IS LOUDOUN BASICALLY CORRECT. NOW, IN VIRGINIA WE ALLOW BUSINESSES, HOMES AND SO FORTH TO -- TO BASICALLY SAY THAT YOU ARE A TRESPASSER IF YOU CARRY A FIREARM IN THAT LOCATION WHETHER IT IS AN OPEN CARRY OR WHETHER IT IS A CONCEALED CARRY. FURTHER QUESTION THAT WOULD CONTINUE WOULD THE SENATOR YIELD FOR AN ADDITIONAL QUESTION? I DO HE YIELDS AND WOULD THE GENTLEMAN AGREE THE REASON WE HAVE A CONCEALED CARRY LAW IS LET'S SAY I CAN A BUSINESS AND I DON'T WANT PEOPLE OPEN CARRYING GUNS IN OR BRINGING GUNS IN I SEE SOMEONE WHO APPROACHES WITH A FIREARM AND SAY I'M SORRY, SIR, WE A NO GUNS POLICY HERE AND SINCE IT IS MY BUSY CAN ASK HIM TO LEAVE, CORRECT? THE SENIOR SENATOR? I THINK TYPICALLY WHAT YOU FIND IS THAT BUSINESSES THAT WANT TO, INCLUDE PEOPLE WITH FIREARMS WILL POST A PROMINENT NOTICE AT THE DOOR SAYING THAT FIREARMS ARE NOT PERMITTED. AND THAT IS USUALLY THE WAY THAT THEY SATISFY THE REQUIREMENT FOR TRESPASS VIOLATION OKAY. FINAL FURTHER QUESTION, MR. CHAIR WOULD THE GENTLEMAN YIELD FOR AN ADDITIONAL QUESTION YES HE YIELDS, SENATOR IF SOMEBODY IS CARRYING CONCEALED THE OTHER THAN OF THE PROPERTY WHETHER IT IS A HOME OWNER OR BUSINESS OWNER WOULD HAVE NO REASON TO KNOW THAT THEY HAVE A GUN ON THE PREMISES, CORRECT? THE SENIOR SENATOR FROM LOUDOUN I WOULD SAY THAT IS, I SUPPOSE, TRUE. BY THE SAME TOKEN, SOMEBODY WHO JUST DECIDES THAT WHO IS NOT AUTHORIZED TO CARRY ANYWAY AND CARRIES CONCEALED AS MANY CRIMINALS DO, YOU KNOW, HE WOULD BE IN THE SAME POSTURE REALLY THANK YOU, SENATOR SPEAK TO THE BILL THE SENATOR HAS THE FLOOR LADIES AND GENTLEMEN OF THE SENATE, I THINK WE HAD A LOT OF BILLS AND BLOODSHED SPILLED OVER THE CONCEALED CARRY STATUTE. I THINK IT AS GOOD STATUTE AND DOES A COUPLE OF THINGS THAT WE WANT. ONE IS PEOPLE THAT ARE LAW ABIDING SIT DENS THAT WANT TO CONCEALED CARRY COME FORWARD AND THEY ARE REGISTERED AND GIVEN THE LICENSE AND SECONDLY ONCE THEY HAVE THE LICENSE THEY ARE ACCOUNTABLE FOR IT AND THEY HAVE TO MAKE SURE THEY FOLLOW THE LAW AND THEY DON'T ABUSE IT AND IN RETURN THEY ARE GIVE THAN LICENSE. IF WE PASS THIS BILL AND THIS BECOMES LAW WE DO AWAY WITH THE WHOLE SYSTEM AND I THINK IT IS A SYSTEM THAT BREEDS ACCOUNTABILITY. IT IS A GOOD SYSTEM. WE HAD A BY PARITY DAN COMPROMISE THAT SUPPORTS THAT -- BIPARTISAN COMPROMISE THAT SUPPORTS THAT SYSTEM. I HOPE WE REJECT THIS BILL WITH ALL DUE RESPECT SENATOR MORRISON WOULD THE FROM LOUDOUN YIELD FOR A QUESTION? WOULD THE SENIOR SENATOR FROM LOUDOUN YIELD FOR A YES? I DO HE YIELDS, SENATOR THANK YOU, MR. PRESIDENT, WOULD THIS BILL NOT MAKE IF LEGAL FOR MEMBERS OF A STREET GANG TO DO NOT HAVE A CRIMINAL RECORD ARE ADJUDICATED MENTALLY ILL BE ALLOWED TO CARRY WEAPONS? THE SENIOR SENATOR FROM LOUDOUN I WOULD SAY, MR. PRESIDENT, ANYONE WHO IS PRESENTLY PROHIBITED FROM CARRYING A FIREARM WILL BE PROHIBITED FROM CARRYING A FIREARM UNDER THIS LEDGE LAKES SPEAK TO THE BILL THE SENATOR HAS THE FLOOR THANK YOU, MR. PRESIDENT. FAIRFAX COUNTY OR GANG UNIT AND REEKAL TASK FORCE IN NORTHERN -- REGIONAL TASK FORCE WORKED HARD TO KEEP STREET VIOLENCE FROM SPRINGING UP AD HOC, SO THEY HAVE STAYED LARGELY UNARMED IN THEIR DAY-TO-DAY ACTIVITIES. WHAT THIS IS GOING TO DO IS TO ALLOW THESE INDIVIDUALS AND THESE ARE MOSTLY IN A GANG-LIKE MS 13 ARE MOSTLY ADULTS, MANY DO NOT HAVE A CRIMINAL RECORD OR FELONY OR ADJUDICATED MENTALLY ILL AND IT WILL START ESCALATING THE WAR OF WEAPONS IF YOU WILL. WELL, IF YOU START CARRYING CONCEALED MY GANG IS GOING TO START CARRYING CONCEDE. THIS IS NOT A CONSIDER CONCEALED. THIS COULD CREATE A HUGE PROBLEM IN TERMS OF GANG INTERDICTION IN NORTHERN VIRGINIA AND I URGE YOU TO VOTE AGAINST THIS BILL
Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 48 PASS. ALL IN FAVOR OF THE MOTION WILLT ES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.
[Unknown]: AYES 20, NOS 20 AYES 20, NOSE 20. THE CHAIR VOTES IN. THE BILL DOES NOT PASS. SENATE BILL 506, A BILL
Comments
Great bill! Why should law-abiding citizens have to jump through a bunch of paperwork to carry their gun under their jacket? The criminals don't follow the law anyway - they certainly don't worry about the permits.
Support.
Support this 100%. Ditto what Michelle S. wrote.
I wholeheartedly support this bill. Put it on the fast track!!!
100% support!!!
Would be better without the word "openly" -- but it's a good start Let's roll!
A great step in the right direction.
I support this, but would rather that it stipulate that if you are eligible to own or possess the firearm you may carry it open or concealed anywhere that you would be able to if you held a concealed handgun permit.
Excellent bill! We should not need a special permission slip in order to cover up with a jacket in the winter or any other case. I agree with other commenters that it would be better without specifying openly, but it's a good start!
Interesting.
I support it.
But let's make it even simpler.
If it is lawful for you to own the gun, it is lawful for you to carry the gun open or concealed.
Period.
I support this.
What's the deal with charging law-abiding citizens $50 to exercise a right under the US Constitution anyway? What other God-given right has a government fee attached to its exercise? Please pass this bill.
Both open and concealed carry should be legal without a permit. Executive Order 50 is also an Executive overstep that needs to be canceled.
I agree that both open and concealed carry should be legal without a permit.
Open carry and concealed carry should be permitless. Permitless carry is in keeping with the spirit of 2A- 'shall not be infringed.'
I strongly agree that the 2nd Amendment is the only permit I need.
I am the militia. I carry my pistol openly and proudly everywhere I go, even in church. It's part of my normal everyday life. And I enjoy the liberty the framers intended, knowing that an armed citizen keeps government tyranny at bay.
100% support this. It's about time we had some common sense gun laws! The way they were intended!
I would be happier if it didn't specify "openly." It is, however, a step in the right direction!
I support this.
The Right of Self Defense is a Natural Right, a Human Right conferred on all by the Creator. By limiting and infringing upon the Means with which to protect oneself, the state is in effect denying us our Human Rights. It's high time to rectify the state. I fully support this.
This is a great start. If we could work on the term openly, that would be an even better beginning.
This is how gun violence is prevented in the first place.
I fully support this. Does the gov charge for the freedom of speech? No. Why charge for this?
Absolutely support this. There is no requirement for a permit to bear arms in either the US or Virginia constitutions. This is much closer to what the Founders intended.
This bill is an excellent step in the right direction. I support it without reservation.
This is the most common sense firearm legislation I have seen in a while. The states that currently have this legislation in effect, are some of the most non-violent states in this country. Because criminals don't obey laws, but when you disarm us, as citizens, you only create a victim pool.
This is one of the best bills we can pass. It reflects the original purpose of the 2nd amendment. This is a power the people have and the government was not meant to remove or infringe upon it. It will make the commonwealth safer by easing burden of law-abiding citizens with capacity to protect themselves and others.
I strongly support this.
Politicians love to characterize proposed legislation as "common sense." Finally we see some proposed legislation that truly is common sense.
"The right of the people to keep and bear Arms, shall not be infringed."
It would appear to me that now, 239 years after the declaration of Independence, that the 2nd amendment shall be implemented in Virginia.
Increased freedom to carry weapons in public will lead to increased security. I support this legislation.
Please pass this bill, it just reinforces 2nd Amendment.
The 2nd amendment actually states: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
But, nevertheless, it has been interpreted to mean the right of private citizen to have a gun.
My concern with this legislation is how will a police officer know that someone would otherwise be eligible? The way this is written means it will be an affirmative defense that you are otherwise eligible to obtain a concealed carry permit. Law enforcement will likely be arresting a lot of people if this passes.
This is an awfully interesting question.
Support.
Maybe, I’m having a senior moment but, I think inclusion of the words, “under this article” confuse the issue and should not have been included.
Being in procession of a concealed carry permit (“permission slip”) proves you have passed a background check and are not a bad guy. How else could you prove you are a good guy when this bill passes?
Perhaps Senator Black needs to tweak this bill a bit.
Great bill. We go through a background check when we purchase a firearm and it only costs $2, but we have to do more paperwork and pay $55 for a concealed carry permit (every 5 years). Seems more of a money maker for the State and County.
Nonetheless, the state doesn't require citizens to pay a fee (or tax) to exercise our other first amendment freedoms: religion, expression, assembly, and the right to petition the government for a redress of grievances.
Past the bill in VA, and then hopefully other states will follow suit. The second amendment is not only for VA but throughout all our United States. We should have to consult a lawyer every time we take a road trip across our country.
There are going to be two possible results of this bill. 1. Law enforcement will be arresting a lot more people and those people will have to prove in court why they are "otherwise eligible" (hint hint..you may as well have gotten the permit at that point); or
2. Law enforcement will stop enforcing the Code of Virginia as it pertains to Carrying a Concealed Weapon and persons who are dangerous, i.e., would not otherwise qualify to carry a concealed weapon would carry a concealed weapon (making the list of those persons not eligible to carry completely moot).