Posted: 4/14/2015 3:04:59 PM EDT
As some of you may know, Governor McAuliffe vetoed bill SB 948, which prohibits sharing of CHP-holder information with agencies in jurisdictions that do not have CHP reciprocity with Virginia. The point of this legislation is to prevent states liuke Maryland and New Jersey from going on fishing expeditions when a CHP "flag" shows up on a DMV plate check. It is the stated policy per the AG in both New Jersey and Maryland to see a CHP flag (or NRA, or firearms manufacturer bumper sticker) as "reasonable and articulable suspicion" that authorizes detention and search of a vehicle and its occupants. And yes, it'll be a felony stop - guns drawn, face-down and handcuffed, and the chance of getting shot that goes with it.
Here is what I sent to my delegate, who voted against the bill originally:
Dear Delegate Keam,
I see you every year, and you make the case to me how reasonable you are on firearms legislation and safety. However, you voted against SB948 in the house session for some reason.
What does the bill do?
Ir prevents the sharing of concealed permit data with localities with whom we do not have permit reciprocity. That means, they do not recognize CHP licenses issued by the Commonwealth.
Why is this important?
There have been a number of incidents where this data was used against law-abiding people, by police, merely to harass and intimidate them. The MD AG has explicitly stated that he considers a CHP "flag" on a Virginia DMV record as reasonable, articulable suspicion. This means that the occupants of any automobile from Virginia, whose owner has a CHP license, are free to be detained and the vehicle searched for a "reasonable" amount of time.
Please understand that "detention" means being ordered, at the side of the highway, from the vehicle at gunpoint, being tackled and handcuffed.
And please remember that CHP holders have a the lowest rate of felony conviction of any identifiable segment of the population. That means they're the most law-abiding of the law-abiding.
De-Bunking the Veto Explanation
Sharing data on the Commonwealth's most law-abiding of the law-abiding citizens with states who have an explicit policy of using this data to search and harass these same citizens and their companions has absolutely nothing to do with law enforcement officer safety. To even argue this makes a mockery of the CHP system, for it implies that CHP holders are criminals in waiting, rather than the responsible citizens history has shown them to be.
Instead, it exposes these same, most law-abiding of law-abiding citizens where they are put face-down roadside ad gunpoint, with no recourse, for nothing more than a notice on their vehicle registration. The risk, as has been highlighted in the press with a number of unjustified shootings ending in the deaths of innocent people, to those same law-abiding citizens is incredibly high. They will be embarrassed, made a spectacle of, and publicly demeaned.
Is this really what the governor thinks of the most law abiding of his citizens?
Sincerely,
View Quote
You can look up your delegate here: http://virginiageneralassembly.gov/house/members/members.php
You can look up the bill here: http://lis.virginia.gov/cgi-bin/legp604.exe?151+sum+SB948
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