Virginia Legislation Codifies Individual Right to Firearm

hitIn October,  Virginia’s left-wing governor, and Hillary’s only hope of carrying Virginia in her latest presidential bid, Terry McAuliff signed an executive order that outlawed open carry in some state owned buildings, set up a task force aimed at more robust prosecution of gun crimes, and pushed for more gun control laws in Virginia. Bless his heart – during the press conference he was unable to stop himself from using the typical left-wing lies about the ease of acquiring firearms, particularly the one about online and gun show purchases.

Fact: There is no gun show loophole.   Despite the lies the left tosses about, existing gun laws apply just as much at a gun show as they do to any other place where guns are sold. Since 1938, persons selling firearms have been required to obtain a federal firearms license. If a dealer sells a gun from a storefront, from a table at a gun show or from a room in his home, the rules are exactly the same – he must get authorization from a background check to complete the sale that, depending on the state you live in, can take from 15 minutes to days.

It is also against the law to make a straw purchase for another individual who is legally unable to purchase firearms. Does it happen? Of course it does. Can it be legislated out of existence with stricter gun laws – NO! No more than you can prevent someone from robbing you because burglary is illegal.

As far as on-line gun purchases, yes, it is legal. You must be 18 to buy a shotgun or rifle and 21 to purchase a handgun. However, that firearm MUST be sent to a licensed firearm dealer who is required to do a complete background check at his or her location before you take possession of the firearm.

Private citizens however, not in the business of selling firearms, can legally sell their personal firearm to anyone they choose whether it be a stranger, their neighbor or family member without background checks, just as you can legally sell your personally owned vehicle to anyone you choose without involving a car dealer, DMV or the Virginia State Police. 

Of course for the left, facts be damned.  And, as they push for severe gun restrictions on law abiding citizens, two Virginia Delegates, Charles Poindexter and Mark Cole cosponsored and pre-filed House Bill 49 that essentially codifies the Supreme Court opinion in Columbia v. Heller, 554 U.S. 570 (2008). The Court’s 5-4 decision struck down provisions of the Firearms Control Regulation Act of 1975 as unconstitutional thereby affirming the right of an individual to possess a firearm for legal purposes such as self-defense.

HB49 amends the Virginia Code to add Section 1.240.2: “The right to keep and bear arms conferred by Article 1, Section 13 of the Constitution of Virginia and the 2nd Amendment to the U.S. Constitution is an individual right that is unconnected with militia service.”

This amendment doesn’t remove the militia, it simply clarifies that being part of the militia is not a requirement to own firearms. And, the right to keep and bear arms codified as an individual right in state law would create a foundation for further state action to protect it from federal infringement.

If passed, it could set the stage for the Virginia General Assembly to introduce legislation to stop state cooperation with the enforcement of federal gun laws. If passed, it will most decidedly be vetoed our left-wing governor. Whether the Senate can come up with enough votes to override a veto is yet to be seen. 

Now, I’d like to address all the left-wing media mouths that claim an armed individual would not have been able to “take-out” two shooters wearing body armor. Quit showing your ignorance – Body armor only covers portions of the human body.   If your aim isn’t sufficient to blow out a knee cap, aim for the crotch – both are guaranteed to take the wind out of their sail.  While they may not be dead – they probably are wishing they were!

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