No one in Virginia now knows better than gun owners that elections have consequences. With studies showing roughly 44.6% of Virginia households owning firearms, that substantial minority of Virginians has faced the dire consequences of last year’s Democrat sweep of Virginia state elections.
And, as the NRA-ILA pointed out in a recent legislative alert, as bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Democrat Gov. Abigail Spanberger is seeking to make it even worse.
A governor’s amendment offered by the woefully unpopular executive threatens to ban most commonly-owned centerfire semi-automatic rifles and pistols and prohibits carry of some of the most popular semi-automatic pistols in public places.
As passed by the Democrat-controlled General Assembly, the looming semi-auto ban (HB217/SB749) defines “assault firearm” in several ways.
There is a feature test where centerfire rifles and pistols are “assault firearms” when they are capable of accepting a detachable magazine and have, in the case of rifles one offending feature (pistol grip, threaded barrel, etc.), and in the case of pistols two offending features (threaded barrel, barrel shroud, etc.).
The definition also includes “A semi-automatic center-fire rifle or pistol with a fixed magazine capacity in excess of 15 rounds.”
The bill prohibits the importation, sale, manufacture, purchase, or transfer of “assault firearms” with minor exceptions. The legislation also prohibits the importation, sale, barter, transfer, or purchase of magazines with a capacity greater than 15 rounds. Possession of these items is not prohibited, effectively grandfathering them for current owners.
Spanberger sent back to the General Assembly a governor’s amendment to the legislation, changing that last portion of the “assault firearm” definition cited above to the following:
A semi-automatic center-fire rifle or pistol with a magazine capacity in excess of 15 rounds.
Note, “fixed” has been removed.
It is not clear if the definition will be interpreted to take into account the magazine presently equipped to the firearm, or if it implicates all firearms capable of having a magazine capacity greater than 15 rounds. If it were the latter, the legislation would ban a huge swathe of semi-automatic centerfire rifles and pistols that no reasonable person - and, indeed even most gun control advocates - has ever considered an “assault firearm.”
Adding concern that it could be the latter, Virginia’s current definition of “assault firearm” (used to in narrow circumstances) provides:
"Assault firearm" means any semi-automatic center-fire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.
Note the language in bold. When the General Assembly sought to implicate only firearms actually equipped with a magazine above a certain capacity in their “assault firearm” definition, they made that decision abundantly clear.
Gun owners know that semi-automatic firearms capable of accepting detachable magazines can have effectively an unlimited magazine capacity.
For instance, the more than a century-old 1911 pistol often comes with 7 or 8 round magazines. But aftermarket magazine makers produce a 40-round 1911 magazine. Would the venerable 1911, and nearly every other common centerfire semi-automatic pistol, be a prohibited “assault firearm” under Spanberger’s gun ban?
This massive infringement is compounded by another bill Spanberger amended.
As passed by the General Assembly, HB1524 severely prohibits Virginians’ Right-to-Carry and transport commonly-owned semi-automatic firearms (which for the most part match up with the “assault firearms” definition listed under HB217/SB749) on or about their person, “on any public street, road, alley, sidewalk, or public right-of-way or in any public park or any other place of whatever nature that is open to the public.”
The legislation practically eliminates the Right-to-Carry the firearms implicated under the bill. Carry permit holders are not exempt.
Spanberger’s amended version directly references the “assault firearm” definition in HB217/SB749 as the firearms a person is prohibited from carrying in the prohibited locations.
Taken along with Spanberger’s ban language, Virginians could be effectively prohibited from carrying almost all common centerfire semi-automatic pistols for self-defense - even with a carry permit.
Even if Spanberger’s “assault firearm” definition only implicates firearms actually equipped with a magazine greater than 15 rounds, the results are dire.
Owners of semi-automatic centerfire pistols equipped with a magazine with a capacity greater than 15 rounds would not be able to carry their handgun for self-defense.
The consequences for carrying the wrong gun – the newly created “assault firearm” – are severe. A conviction under Spanberger’s ban is a Class 1 misdemeanor punishable by up to a year imprisonment and a loss of gun rights for three years!
The governor’s gun ban poses the gravest threat yet faced by all law-abiding Virginia gun owners. Whether Spanberger’s detestable “assault firearm” language is the result of malice or incompetence is irrelevant, Virginia gun owners have already seen what putting Democrats in charge of the government means for the rights guaranteed by the Second Amendment. We urge Virginia gun owners to turnout en mass to vote “NO” in today’s vote on the Radical Democrats’ Virginia gerrymandering scheme that is intended to give Radical Democrats control of the U.S. House of Representatives.
CHQ Editor George Rasley is a Glock ® certified pistol armorer, firearms instructor, range safety officer and a veteran of over 300 political campaigns, including every Republican presidential campaign from 1976 to 2008. He served as lead advance representative for Governor Sarah Palin in 2008 and has served as a staff member, consultant, or advance representative for some of America's most recognized conservative Republican political figures, including President Ronald Reagan and Jack Kemp. A member of American MENSA, he served in policy and communications positions on the House and Senate staff, and during the George H.W. Bush administration he served on the White House staff of Vice President Dan Quayle. He is a member of Gun Owners for Trump.
And, as the NRA-ILA pointed out in a recent legislative alert, as bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Democrat Gov. Abigail Spanberger is seeking to make it even worse.
A governor’s amendment offered by the woefully unpopular executive threatens to ban most commonly-owned centerfire semi-automatic rifles and pistols and prohibits carry of some of the most popular semi-automatic pistols in public places.
As passed by the Democrat-controlled General Assembly, the looming semi-auto ban (HB217/SB749) defines “assault firearm” in several ways.
There is a feature test where centerfire rifles and pistols are “assault firearms” when they are capable of accepting a detachable magazine and have, in the case of rifles one offending feature (pistol grip, threaded barrel, etc.), and in the case of pistols two offending features (threaded barrel, barrel shroud, etc.).
The definition also includes “A semi-automatic center-fire rifle or pistol with a fixed magazine capacity in excess of 15 rounds.”
The bill prohibits the importation, sale, manufacture, purchase, or transfer of “assault firearms” with minor exceptions. The legislation also prohibits the importation, sale, barter, transfer, or purchase of magazines with a capacity greater than 15 rounds. Possession of these items is not prohibited, effectively grandfathering them for current owners.
Spanberger sent back to the General Assembly a governor’s amendment to the legislation, changing that last portion of the “assault firearm” definition cited above to the following:
A semi-automatic center-fire rifle or pistol with a magazine capacity in excess of 15 rounds.
Note, “fixed” has been removed.
It is not clear if the definition will be interpreted to take into account the magazine presently equipped to the firearm, or if it implicates all firearms capable of having a magazine capacity greater than 15 rounds. If it were the latter, the legislation would ban a huge swathe of semi-automatic centerfire rifles and pistols that no reasonable person - and, indeed even most gun control advocates - has ever considered an “assault firearm.”
Adding concern that it could be the latter, Virginia’s current definition of “assault firearm” (used to in narrow circumstances) provides:
"Assault firearm" means any semi-automatic center-fire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.
Note the language in bold. When the General Assembly sought to implicate only firearms actually equipped with a magazine above a certain capacity in their “assault firearm” definition, they made that decision abundantly clear.
Gun owners know that semi-automatic firearms capable of accepting detachable magazines can have effectively an unlimited magazine capacity.
For instance, the more than a century-old 1911 pistol often comes with 7 or 8 round magazines. But aftermarket magazine makers produce a 40-round 1911 magazine. Would the venerable 1911, and nearly every other common centerfire semi-automatic pistol, be a prohibited “assault firearm” under Spanberger’s gun ban?
This massive infringement is compounded by another bill Spanberger amended.
As passed by the General Assembly, HB1524 severely prohibits Virginians’ Right-to-Carry and transport commonly-owned semi-automatic firearms (which for the most part match up with the “assault firearms” definition listed under HB217/SB749) on or about their person, “on any public street, road, alley, sidewalk, or public right-of-way or in any public park or any other place of whatever nature that is open to the public.”
The legislation practically eliminates the Right-to-Carry the firearms implicated under the bill. Carry permit holders are not exempt.
Spanberger’s amended version directly references the “assault firearm” definition in HB217/SB749 as the firearms a person is prohibited from carrying in the prohibited locations.
Taken along with Spanberger’s ban language, Virginians could be effectively prohibited from carrying almost all common centerfire semi-automatic pistols for self-defense - even with a carry permit.
Even if Spanberger’s “assault firearm” definition only implicates firearms actually equipped with a magazine greater than 15 rounds, the results are dire.
Owners of semi-automatic centerfire pistols equipped with a magazine with a capacity greater than 15 rounds would not be able to carry their handgun for self-defense.
The consequences for carrying the wrong gun – the newly created “assault firearm” – are severe. A conviction under Spanberger’s ban is a Class 1 misdemeanor punishable by up to a year imprisonment and a loss of gun rights for three years!
The governor’s gun ban poses the gravest threat yet faced by all law-abiding Virginia gun owners. Whether Spanberger’s detestable “assault firearm” language is the result of malice or incompetence is irrelevant, Virginia gun owners have already seen what putting Democrats in charge of the government means for the rights guaranteed by the Second Amendment. We urge Virginia gun owners to turnout en mass to vote “NO” in today’s vote on the Radical Democrats’ Virginia gerrymandering scheme that is intended to give Radical Democrats control of the U.S. House of Representatives.
CHQ Editor George Rasley is a Glock ® certified pistol armorer, firearms instructor, range safety officer and a veteran of over 300 political campaigns, including every Republican presidential campaign from 1976 to 2008. He served as lead advance representative for Governor Sarah Palin in 2008 and has served as a staff member, consultant, or advance representative for some of America's most recognized conservative Republican political figures, including President Ronald Reagan and Jack Kemp. A member of American MENSA, he served in policy and communications positions on the House and Senate staff, and during the George H.W. Bush administration he served on the White House staff of Vice President Dan Quayle. He is a member of Gun Owners for Trump.
