Posted: 3/8/2006 8:59:42 PM EDT
Okay guys.. both the NRA and VCDL (hello Mr PVC... please look at this carefully) are talking about HB 162. Here is the Bill, as ammended now for the second time (in the senate, substitue version 064667820-S1 leg1.state.va.us/cgi-bin/legp504.exe?061+ful+HB162S1 ) the bill sucks and Russ Potts did a good job by sending it back to committee, note section C: 064667820
HOUSE BILL NO. 162 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on March 6, 2006) (Patron Prior to Substitute--Delegate Lingamfelter) A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.1:01, relating to firearms in locked vehicles. Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 18.2-308.1:01 as follows:
§ 18.2-308.1:01. Firearms in locked vehicles.
A. No person, property owner, tenant, employer, or business entity shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting a person who may lawfully possess a firearm from storing a firearm locked in or locked to a firearms rack in a motor vehicle in a parking lot, parking space, or other similar property available to the general public for parking motor vehicles.
B. Any person may enforce this section by filing a petition for injunction in the court of record of the county or city in which the person, property owner, tenant, employer, or business entity prohibiting the firearm is located. The court shall award actual damages, court costs, and attorney fees to a prevailing party.
C. This section shall not apply to (i) property on which a person is prohibited from possessing a firearm by § 18.2-308.1; (ii) possession of firearms in vehicles on the curtilage of an individual's abode; (iii) vehicles on property (a) to which access is restricted or limited through the use of a gate, security station, signs, or other means of restricting or limiting general access onto the property; or (b) upon which a building occupied by a single employer and its affiliated entities is located and in which access to the building is restricted or limited by card access, a security station, signs, or other means of restricting or limiting general public access into the building; (iv) vehicles owned or leased by an employer or business entity and used by an employee in the course of his employment; or (v) personal vehicles while such vehicles are being used for the transport of consumers of programs licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services.Had this Bill passed it would have caused more problems. In NoVA, most employers (AOL, MCI/Verizon, ATT, the Gov't contractors, etc) have restricted access to their buildings. Currently, they need to affirmatively indicated/document that they prohibt firearms on their premises, these policies could be fought in court and perhps result in precedent that would make such prohibitions finally end. This law would change that...it would further provide them with a basis for denying our civil rights. The biggest proponents of the changes to the bill were MCI and and AOL and their new puppets are recently elected hyper liberal Poision (shamefully sits in Dick Black's former Militia committee house seat) and Herring in the Senate. This Bill should crash and never see light of day until it can be passed in its original form. Please call Russ Potts and thank him. ETA: For comparison, here is the original bill: HOUSE BILL NO. 162 Offered January 11, 2006 Prefiled December 29, 2005 A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.1:01, relating to firearms in locked vehicles; immunity from liability; civil penalty. ---------- Patron-- Lingamfelter ---------- Referred to Committee on Militia, Police and Public Safety ---------- Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 18.2-308.1:01 as follows:
§ 18.2-308.1:01. Firearms in locked vehicles; immunity from liability.
A. No person, property owner, tenant, employer, or business entity shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting a person who may lawfully possess a firearm from storing a firearm locked in or locked to a motor vehicle in a parking lot, parking space, or other similar property set aside for motor vehicles.
B. No person, property owner, tenant, employer, or business entity shall be liable in any civil action for any occurrence that results from or is connected to the use of a firearm that was lawfully stored pursuant to subsection A, unless the person, property owner, tenant, employer, or business entity commits a criminal act involving the use of the firearm.
C. Any person may enforce this section by filing a petition for injunction in the court of record of the county or city in which the person, property owner, tenant, employer, or business entity prohibiting the firearm is located. The court shall award actual damages, court costs, and attorney fees to a prevailing plaintiff.
D. This section shall not apply to § 18.2-308.1, relating to possession of firearms on school property.
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