Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Background Checks for Family Members?! Bloomberg-Bought Virginia Legislature Seeks to Ban Private Firearms Transfers

Friday, December 6, 2019

Background Checks for Family Members?! Bloomberg-Bought Virginia Legislature Seeks to Ban Private Firearms Transfers

Michael Bloomberg’s bought-and-paid-for new Virginia majorities have wasted no time introducing an extremist bill that would make the Commonwealth one of the most hostile states for law-abiding gun owners.

House Bill 2, introduced by Delegate Kenneth R. Plum (D-36), would criminalize almost all private transfers of firearms. Not merely restricted to doing so for sales, Virginians would be required to seek government permission to gift, trade, and even temporarily lend firearms to close friends and extended family. The legislation states that:

“[n]o person shall sell, rent, trade, or transfer a firearm” without first subjecting the transferee to a state police background check to be conducted at a licensed firearms dealer.

Under this extreme legislation, even lending a brother your rifle for a deer hunt or letting your daughter borrow a handgun for self-defense could land otherwise law-abiding Virginians with a felony conviction and up to 5 years in jail. Additionally, the recipient could face up to a full year of incarceration.

Background checks don’t stop criminals from stealing firearms, getting them on the black market, or getting them from straw purchasers. Background checks simply do not prevent criminals from obtaining illegal firearms.

Not only would the proposed legislation criminalize harmless acts by law-abiding gun owners, severely hindering Virginian’s Second Amendment rights, it wouldn’t even make us any safer.

The legislation does include some exemptions, but the exemptions important to most gun-owners are incredibly narrow.

1. The transfer is a bona fide gift made by or to a member of a transferor's immediate family as defined in § 6.2-1300;

VA Code Ann. § 6.2-1300 defines “immediate family” as, “the individuals in a household who are related by blood, marriage, or other recognized family relationship” and “regardless of their place of residence, the children, grandchildren, grandparents, parents, siblings, and spouse of an individual.” Under HB 2, an uncle could not gift a niece that lives in a separate household a .22 rifle without involving the state.

Worse, this narrow “immediate family” exception is limited to a “bona fide gift.” Therefore, even immediate family members could not temporarily loan or sell firearms to each other without government interference. For example, a servicemember could not lend his wife his personal firearm for self-defense for while he is deployed overseas without involving the government.

6. The transfer is temporary and is necessary to prevent imminent death or great bodily harm;

While this may seem like a useful exemption, in Virginia, imminent threat is defined as “an immediate, real threat to one’s safety.” The Virginia Supreme Court has found that “a generalized fear of danger” is not sufficient. Even if someone was a recent victim of a crime or subject to a generalized or vague threat of violence, loaning them a gun would be illegal under the proposed legislation.

If a mother lent her daughter, who had been vaguely threatened, her pistol for self-defense without first undergoing an onerous background check, the mother could face felony charges under the proposed law.

7. The transfer is temporary and occurs within the continuous presence of the owner of the firearm;

This exemption would cover some types of informal shooting and gun handling scenarios. However, it is exceedingly narrow due to the “within the continuous presence” requirement.

For instance, a person could not permit their friend to borrow a firearm for a joint hunting trip unless they remained in the continual presence of one another throughout the entire hunt. This means that the two individuals could not hunt in separate duck blinds, or from different tree stands. Additionally, if an individual lent their friend a firearm in order to shoot together on private property, the owner would be committing a felony even if they went to the bathroom for five minutes.

10. The transfer occurs at a shooting range, shooting gallery, or other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity.

This shooting sports exemption is also limited. The contemplated transfer must occur “at a shooting range, shooting gallery, or other area designed for the purpose of target shooting.” A friend or relative could not allow an individual to borrow a firearm to participate in the shooting sports or a firearm educational opportunity unless they accompany the individual to the range and transfer the firearm on its premises. The legislation provides no exemption whereby a friend or family member could allow an individual to borrow a firearm to hunt, unless they at all times accompany the borrower.

It is obvious from the everyday benign conduct which HB 2 would criminalize that Plum’s goal is to harass law-abiding gun owners rather than prevent violent crime. Furthermore, there is hard evidence that such laws do not stop criminals.

This year, researchers at the Bloomberg School of Public Health and the UC Davis School of Medicine (named after new legislature’s bankroller) found that comprehensive background checks and prohibitions based on violent misdemeanors “were not associated with changes in firearm suicide or homicide.”

Now more than ever, all Virginia gun owners must organize to fight against Bloomberg-backed gun control in the Old Dominion. Stay tuned to www.nraila.org for updates. In the meantime, please sign up to volunteer to help defeat this and other terrible legislation.

IN THIS ARTICLE
Virginia private transfers
TRENDING NOW
With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

News  

Monday, April 15, 2024

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

So-called “universal” background checks were back in the news last week. The Biden administration and the regime press were promoting the impression that ATF’s new “engaged in the business” rule closed the non-existent “gun show ...

Invisible Crime and Other “Simple Realities”

News  

Monday, April 15, 2024

Invisible Crime and Other “Simple Realities”

Viewers were reminded of the disturbing disconnect between the Biden Administration and everyday Americans on seeing Pete Buttigieg, the Secretary of Transportation, interviewed on television not too long ago.

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Wednesday, April 10, 2024

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Senator Anne Carney, Maine's leading gun grabber, is at it again.

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Colorado: Semi-Auto Ban Up For Final Vote in House

Saturday, April 13, 2024

Colorado: Semi-Auto Ban Up For Final Vote in House

HB24-1292 the semi-auto ban passed its second reading yesterday and is scheduled for final vote tomorrow in the House before moving on to the Senate.

Maine: Senate Advances Anti-Gun Bills, Votes on the House Floor are Imminent!

Sunday, April 14, 2024

Maine: Senate Advances Anti-Gun Bills, Votes on the House Floor are Imminent!

Late Friday night, the Maine Senate passed a number of extreme anti-gun bills. These bills included 72-hour waiting periods on firearm purchases and transfers, redefining semi-automatic firearms as "machine guns," and implementing universal background check ...

NRA-ILA Scores Injunction Preventing Enforcement of CA Youth Firearms-Advertising Restriction

Friday, April 12, 2024

NRA-ILA Scores Injunction Preventing Enforcement of CA Youth Firearms-Advertising Restriction

Fairfax, Virginia – April 12, 2024…Today, NRA-ILA announced a significant legal victory protecting First Amendment and firearm-related rights, as a California district court preliminarily enjoined enforcement of California’s severe restrictions on the marketing of firearm-related products in the ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.