Virginia state legislators recently passed a series of laws aimed at curtailing the rising incidences of gun violence. The Democrat-sponsored bills received widespread backing from groups such as the Coalition to Stop Gun Violence and Moms Demand Action.
The new Virginia gun laws, which took effect on July 1, 2021, have also elicited mixed reactions from state residents, with some factions terming it as government overreach. Others welcomed the move, citing it as a step in the right direction to tighten gun ownership laws.
That being said, here’s everything you need to know about the new Virginia gun laws in 2021.
One Handgun per Mouth
The one-handgun-a-mouth law that was previously in force between 1993 and 2012 was resurrected by Hampton legislator Sen. Mamie Locke. The new law makes it illegal to purchase more than one handgun over a 30-day period. According to the legislation’s provisions, individuals found to be flouting this new rule will be charged with a Class One misdemeanor which carries a fine of $2,500, a penalty of one year jail time, or both.
The only groups exempt from this law include private security firms, antique firearms dealers, concealed handgun permit holders, correctional officers, and law enforcement personnel. It also does not apply to private sales.
The gun legislation provides a mechanism through which an individual can request the government for special permission to purchase more than one gun in a single month, provided they submit to an advanced background check conducted by the Virginia State Police.
The whole premise of the new law is to significantly minimize the number of people who come in from out of state to buy guns in bulk through illicit straw purchases or those who are simply looking to purchase multiple guns at a go.
What Is a Class One Misdemeanor in VA
A Class One misdemeanor charge in Virginia is the most serious of all misdemeanor offenses in the state. It is punishable with a fine of up to $2,500, 12 months in jail, or both.
Generally, if state legislators fail to designate a specific misdemeanor or punishment for violating a law, the crime in question is automatically prosecuted as a Class One misdemeanor.
This conviction stays on your record permanently and is publicly available unless you get your records sealed or expunged.
Reporting Lost or Stolen Firearms
This novel law makes it mandatory for state residents to report a lost or stolen gun within 48 hours once they discover it missing. Failing to report a missing firearm carries a civil fine of $250.
The police will then enter the lost/stolen firearm information into the National Crime Information Center database. This effectively exonerates the gun owner of any liability resulting from harm done using the gun once they reported it missing.
Gun Restrictions in Cities and Counties
Newport News Del. Cia Price pitched the new law that gives supervisory boards and city councils the authority to ban firearms on government premises, community/recreational centers, public parks, and outdoor areas hosting permitted events.
The provisions of the legislation require these areas to post notices in plain view letting the public know that firearms are prohibited within the locality. Hampton is one of the several localities in Virginia that’s considering implementing the ordinance.
Opponents of the new law have voiced their concerns over its intermittent nature. Some critics argue that it is not practical to outlaw the possession of firearms in one jurisdiction, only for it to become legal once you cross over to a neighboring one that has no such laws in force.
Since the new law took effect, guns are now banned near Capitol grounds. The General Assembly has also made it illegal to carry firearms within 40 feet of polling sites.
Universal Background Checks
The new Virginia firearm laws make it mandatory for anyone involved in the private sale of a gun to run a thorough background check on the buyer. Failure to do this will be a violation of the law, and both the seller and buyer can be charged with a Class One misdemeanor.
Critics of the new law argue that it should not be mandatory for sellers to do background checks on buyers when selling a firearm to a trusted friend or family member, citing that it will only make the process more difficult and expensive for gun owners.
The Virginia Citizens Defense League, Gun Owners of America Inc., and Gun Owners Foundation, alongside three other plaintiffs, filed a lawsuit in Lynchburg Circuit Court alleging that the new law is a “gross overreaching infringement” on its citizens’ right to own and bear firearms.
Red Flag Law
The Red Flag law allows a magistrate or judge to issue an emergency 14-day “substantial risk” order, prohibiting an individual from bearing a firearm provided there is probable cause to believe that it poses a danger to others or themselves.
While this assertion would be subject to an investigation, a law enforcement officer or commonwealth’s attorney can submit an affidavit declaring that the individual in question is dangerous. A court hearing would then be conducted within 14 days to determine if the emergency order needs to be in place for a longer duration.
If the court finds probable cause based on “clear and convincing evidence,” a magistrate or judge can issue a longer order of up to 180 days. Once that period has elapsed, the law enforcement officer or commonwealth’s attorney can petition the court for a 180-day extension, although that would require another hearing.
The whole idea behind the Red Flag law is to deter those facing a mental health crisis from harming themselves or others.
Other Laws
Additional gun laws that have been enacted include elevating the penalty for leaving a loaded gun near a child aged 14 and below, from a Class 3 misdemeanor to a Class 1 misdemeanor.
Moreover, any individual served with a permanent protective order is required to surrender their firearm within 24 hours.
When Do Virginia’s New Gun Laws Go Into Effect
The new Virginia gun laws go into effect on July 1, 2021.
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