The about-face is part of a deal that McAuliffe (D) struck with Republican leaders one month after Attorney General Mark R. Herring (D) severed the right for gun owners in 25 states to have their concealed carry permits recognized in Virginia.

In exchange, Republicans will agree to some concessions, according to McAuliffe’s office and the office of House Speaker William J. Howell (R-Stafford).

If an individual’s Virginia concealed-carry permit is revoked, a permit from another state will not be honored in Virginia — a practice known as “state shopping.”

State police must be present at all gun shows to administer background checks in private sales of guns on a voluntary basis.

Anyone subject to a permanent protective order for a domestic violence offence will be prohibited from carrying a firearm for the two-year life of the order.

In exchange, Republicans will agree to a major concession: Anyone subject to a permanent protective order for a domestic violence offence will be prohibited from carrying a firearm for the two-year life of the order. The issue had been a nonstarter in the Republican-controlled General Assembly.

In another concession, state police must be present at all gun shows to administer background checks in private sales of guns on a voluntary basis. McAuliffe’s budget includes $100,000 to fund the activity.

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The Dems got cold feet.  The GOP got us a good deal.

GOP hating 2Aers need to get over themselves.  

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The deal doesn't have to be limited to anything.  We are giving ground in multiple areas; we should be gaining ground in multiple areas too.



The broader class being denied rights is anyone who can be served with a protective order.  There's a lot less due process associated with a protective order than a criminal conviction.  Going through a nasty divorce?  Neighbor problems?  You're a target for a protective order.  Anything that can be abused to deny people their rights, will be abused.  Count on it.

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Honestly think this is a terrible idea.  Not necessarily the "deal" itself but the precedent this sets is troubling.  We're basically being extorted by the Marxists.

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Some perspective here:

-this is not a "trade" nor a "compromise."  There is no quid pro quo here.

Herring TOOK something from us.  Now the governor is asking republicans to give up more of our rights in order to get back the rights Herring just took away.

Is this a workable long-term strategy?

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Sounds more like extortion than a "deal"

Take away public's gun rights, and give them back when they agree to pass more gun-control laws.

I think the better deal would have been to say "fuck'em" and open-carry rather than give prosecutors an easier way to make you give up your guns.

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I remain skeptical of this deal.  It sends a message to anti-gun politicians that when they can't pass their anti-gun agenda through the legislative process, they should simply take executive action and it will force the Republicans to the negotiating table, where those same Republicans will compromise just to get back to the status quo that we had before the executive action was taken.  What will stop future Democrat Governors and Attorneys General from taking additional executive action to force additional concessions from the legislature?  

Nevertheless, I withhold final judgment until I see the actual details of the bill.  However, any final deal must meet the followIng conditions AT A MINIMUM in order to be considered acceptable:

1.  The deal must undo BOTH the Attorney General's unilateral action regarding recognition of out of state permits AND the Governor's unilateral action on open and concealed carry in state agency buildings.

2.  The deal must LEGISLATIVELY and PERMANENTLY undo these actions by the Governor and AG, and ensure that they are stripped of the authority to reinstitute these--or similar--executive actions in the future.  If we are going to give ground in ways that will be permanently written into the Code, we must ensure that anything we gain is also written permanently into the Code and cannot be undone by either the current administration or a future administration.

3.  The deal must provide a mechanism to avoid abuse of the protective order provision by anti-gun judges, and a mechanism for people to get their rights restored when they demonstrate that they are not a threat to others.  The burden of proof must be on the state to demonstrate that the individual should be denied their rights, not on the individual to demonstrate that they should get their rights back.

I will send this to both Sen. Norment as well as Speaker Howell.  I recommend you all do the same, with a copy to your delegate and senator.

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The Republicans can't get it passed in the Senate with a veto-proof majority. There's just no way around that, even with the pro-gun Dems like Edwards behind it. They have to make the deal or suck it up and pray for a good governor come 2016/2017

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The deal being suggested strips the AG's discretion from the code in 18.2-308.014. That's an EXCELLENT thing, and a win.

Was there some element of extortion to it? Yep. But if we come out better on the other side... it's a win. Politics is sometimes shitty that way.

I was against this at first. I talked to Todd Gilbert and he laid out the way that it's a win, primarily because it clarifies 308.014, accepts permits from any state willing to accept VA's, and adds about 8 states to the list of reciprocity.

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The deal being suggested strips the AG's discretion from the code in 18.2-308.014. That's an EXCELLENT thing, and a win.

Was there some element of extortion to it? Yep. But if we come out better on the other side... it's a win. Politics is sometimes shitty that way.

I was against this at first. I talked to Todd Gilbert and he laid out the way that it's a win, primarily because it clarifies 308.014, accepts permits from any state willing to accept VA's, and adds about 8 states to the list of reciprocity.

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Va. gun-safety activists feel betrayed by McAuliffe’s ‘gift to the gun lobby’

By Laura Vozzella January 29 at 12:13 PM ?  





RICHMOND — Gun-safety activists reacted with fury on Friday to a deal Gov. Terry McAuliffe struck with Republicans to recognize most out-of-state concealed-handgun permits, fanning out across the Capitol, placing hundreds of calls and writing to the Democrat who won office two years ago bragging about his "F” rating from the National Rifle Association.



"Governor McAuliffe should reconsider this dangerous gift to the gun lobby,” said John Feinblatt, president of Everytown for Gun Safety, which in the fall poured more than $2 million into two state Senate races in a failed attempt to help McAuliffe’s party take control of the chamber.



The gun agreement, which still needs the General Assembly’s approval, would reverse Democratic Attorney General Mark R. Herring’s decision last month to sever the reciprocity rights of gun owners in 25 states with standards looser than Virginia’s.



The deal would require gun-rights groups to give on a couple fronts. The state could take guns away from anyone under a two-year protective order for domestic-violence offenses. And state police would have to attend all gun shows to provide background checks for private sellers who choose to vet potential buyers.



While the NRA has praised the deal, gun-safety advocates who just last week rallied on Capitol Square with the governor described it as a betrayal.



Everytown, which is bankrolled by former New York mayor Michael Bloomberg, released a letter signed by more than a dozen survivors or relatives of Virginia shootings, including relatives of those killed in the 2007 Virginia Tech massacre. Andy and Barbara Parker, parents of a Roanoke journalist killed on live television in August, also signed it. The couple had stood beside McAuliffe (D) on Capitol Square on during the annual "lobby day” rally, praising the governor and the Herring action that McAuliffe has since agreed to roll back.



"You have been a leader who has shown the greatest courage on this issue and been an inspiration to so many of us. Until today,” they said in the letter. "Perhaps you don’t realize that North Dakota authorities will grant concealed carry permits to people who’ve been convicted of stalking. Or that Alabama lacks any training requirements whatsoever in its permitting process. Or that Tennessee allows individuals with numerous assault convictions to acquire permits. Or that Florida does not run a full background check on permit applicants and will issue permits to non-Florida residents — so any nonresident not up to Virginia permitting standards could just apply for a Florida permit through the mail.”





McAuliffe’s office did not immediately respond to a request for comment.



On Thursday, McAuliffe spokesman Brian Coy hailed the deal as a bipartisan breakthrough "that will make Virginians safer. It also demonstrates that Democrats and Republicans can work together on key issues like keeping guns out of dangerous hands.”



Chris W. Cox, executive director of NRA’s Institute for Legislative Action, the organization’s lobbying arm, issued a statement in support of the deal.





"The National Rifle Association commends leaders in the Commonwealth for moving forward on a bipartisan package that will benefit Virginia citizens,” Cox said.



Herring conspicuously declined to take a stand on the deal.



"At the end of the day, the measure of success for this package will be whether the final product that emerges from the legislative process makes Virginians safer,” he said.



Laura Vozzella covers Virginia politics for The Washington Post.



https://www.washingtonpost.com/local/virginia-politics/va-gun-safety-activists-feel-betrayed-by-mcauliffes-gift-to-the-gun-lobby/2016/01/29/72603778-c6a2-11e5-a4aa-f25866ba0dc6_story.html?hpid=hp_local-news_vaguns-1pm%3Ahomepage%2Fstory

“Governor McAuliffe should reconsider this dangerous gift to the gun lobby,” said John Feinblatt, president of Everytown for Gun Safety, which in the fall poured more than $2 million into two state Senate races in a failed attempt to help McAuliffe’s party take control of the chamber.

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We will regret this.  Who wants to take bets on how long it will be before Herring and McAuliffe issue additional executive actions infringing on our rights to bring the Republicans to the negotiating table?  What rights will Bill Howell give up next?

BREAKING NEWS:   *** February 1 cutoff date for dropping recognition of 25 states has been extended to March 1 ***


THE “DEAL”

As you've undoubtedly heard from the media, there is a package deal in the works between Governor McAuliffe and the Republicans in the General Assembly dealing with 1) concealed handgun permit (CHP) reciprocity, 2) voluntary background checks at gunshows, and 3) those subject to a permanent domestic violence protection order.

To many CHP holders, CHP reciprocity is a HUGE deal, especially if they travel out-of-state regularly and want to be able to carry discretely.  For example, there is no solution to carrying in South Carolina if we don’t have an agreement between our two states.

There is a lot of misinformation from the media and elsewhere and a lot of people are coming to the wrong conclusions about what the deal does and doesn’t do.  Rumors are flying that gun owners only get back the reciprocity that was taken away by Herring and the State Police - that is FALSE.  We have gained important ground!

THE DEAL IS STILL IN THE WORKS.  Things could still go south as the key bills that make up the deal work their way through the legislature and onto the Governor’s desk.  SO, FOR NOW, NOTHING HAS CHANGED.  THERE IS NO ABSOLUTE GUARANTEE THIS WILL BECOME LAW, BUT A REASONABLY GOOD CHANCE IT WILL.  If it fails, we may not be able to fix the reciprocity situation for another two-long-years.

VCDL has been privy to the deal for several days, as was a national group.   VCDL monitored progress of this potentially groundbreaking advancement of our liberty from its genesis, and provided counsel and discussion points during its evolution.

The final product was given the nod by VCDL, however we will be watching like a hawk for any changes that negatively affect gun owners.


IMPORTANT DETAILS ON THE “DEAL”

There are three components that make up the deal, each component represented by matching bills in the House and in the Senate.

#1 - Reciprocity details - gun owners gain ground!

* Virginia will honor the carry permits from ALL states!  This is considerably better than current law and something VCDL has been trying to get for at least seven years now.

* Because Virginia will honor all other states, Virginia CHPs will be recognized by all the states we have lost AND we will gain some new states:  New Hampshire, Georgia, and Colorado!

* The State Police and the Attorney General will have NO say in the new law.  If another state requires a formal agreement to honor Virginia CHPs, the new law requires the Attorney General to enter into any such agreement.  If he fails to do this, item #3, below, does not go into effect.

* One other change on the reciprocity law:  If your Virginia CHP is revoked for cause, you won’t be able to carry on a non-resident permit from another state.  Not a deal breaker.

NOTE:  Just because we are honoring all other states, doesn’t mean we can carry in all those states.  Someone from New York will be able to carry here, but we won’t be able to carry in New York unless New York is willing to enter into a reciprocal agreement with Virginia, for example.

As more and more states start honoring out-of-state permits, the prospects of our permit being honored by even more states down the road is bright!


#2 - Voluntary gun show background checks

* Background checks for a private sale are COMPLETELY voluntary.

* The State Police shall be at every gun show in Virginia, by law.  (Some gun owners were thinking this was some kind of a trick - that if the State Police don’t show up, the gun show would be cancelled.  This should put that worry to rest.)

* The gun show promoter shall notify the State Police of the location and times of the gun show at least 30 days in advance, shall provide a free location for the police to set up, and shall have signs letting attendees know of the voluntary background checks at the State Police booth.  (I checked with one of Virginia’s largest gun show promoters on this to see if any of it was objectionable and was told, “no.”)

* The State Police may charge a reasonable fee.  (If they charge more than you want to pay, you can just walk away and do the transaction without the background check.)

* NO information on the make, model, or serial number of the gun being sold will be provided to the State Police - i.e. no federal Form 4473!  The purchaser will have to fill out the Virginia form, which asks a few questions and has the buyer's name, address, and signature.  (If you don’t want to fill out that form, you can just walk away and do the transaction without the background check.)

* There is a carrot: if a background check is run, the seller receives some special legal protections that are currently not available for private sales.  If a background check is not run, you don’t have any more or any less legal protections than under current law.

Yes, down the road inevitably there will be some bills introduced that attempt to make the background check mandatory.  We get bills on mandatory background checks for private sales every year.  We will have to fight and defeat those bills in the future, just as we fight and defeat similar bills today.

For those gun owners who would feel safer selling a gun to someone who has had a background check, this provides a new option in addition to the current option of either asking if the person has a CHP or going through the more laborious and expensive route of letting an FFL do the transfer.  It also has no effect on private sales conducted anywhere outside of gun shows, where this voluntary option is not provided.


#3 - Persons subject to a PERMANENT domestic violence protection order cannot possess firearms until the order expires

* The ONLY permanent protection order this restriction applies to is one for domestic violence and NOTHING else.

* The subject of the protection order must have had his day in court along with any legal counsel.  Temporary protection orders do NOT affect possession of firearms.

* If the judge, after hearing the defense, decides to issue a permanent protection order anyhow, the subject of the protection order will lose his gun rights for the duration of the order (MAXIMUM of two years), and automatically get those gun rights back when the permanent protection order expires.  Note:  a new permanent protection order could potentially be issued when the perament protection order expires if the judge thinks a danger still exists.

* The subject of the permanent protection order will have 24 hours to turn his guns over to a person of his choice, as long as that person can legally possess firearms.

* The above is basically federal law already, and state law already prohibits a person with such a permanent protection order from purchasing  or transporting a firearm.


WHAT’S NEXT?

* VCDL will be monitoring the deal’s progress, watching for changes that negatively affect gun owners.

* If a negative issue arises and is not fixed quickly, I will advise all of you immediately via an Urgent Legislative Action Alert.

* I will also be providing links to the three bills described above as soon as the final language is available online.  That way you can read them for yourself.

* For now just standby on this, as I keep you advised of the progress of the deal.

* If you don’t have any absolutely urgent questions, please hold on to them for now as it would be easy to overwhelm me with emails (I’m already getting over 200 a day as is).