The Local Gun Control Fight

BY Herschel Smith
9 months, 2 weeks ago

ZeroHedge is late to the game, discussing the fact that since gun control has stalled nationally, the new fight will be state and local.  Readers of TCJ have seen me discuss this as far back as perhaps two years ago (or maybe more).  Anyway, I’ve always said that the real fight was state and local, while stipulating that the harm that could be done by FedGov has always been directed towards bans of categories of weapons and shutdown of manufacturing sectors.

But what a difference a new governor makes.  Thus far I’m quite impressed by the new governor of Virginia, whether liberty for students from the Covid mandates, to right to life, and virtually everything else I’ve seen from him.  I doubt that the House and Senate would be going to the trouble they are if in fact they knew this new governor would veto these bills.

Bad laws can always be undone.

On Monday, the Senate Judiciary Committee will hear a number of pro-Second Amendment bills previously passed by the House. These bills are an ongoing effort to roll back infringements upon Second Amendment rights passed during the last two years.

House Bill 204 repeals the five business day delay for firearm transfers and restores the three day delay that was previously in place. The three day delay for state police to complete a background check was already considered appropriate for the technology level of the time when Virginia created its computerized background system decades ago. It is also what federal law considers appropriate in other states that use the federal NICS background check system.

House Bill 325 repeals the law that victimizes gun owners who suffer loss or theft of their property, with a fine if they do not report lost or stolen firearms within 48 hours of discovering them missing.

House Bill 509 restores due process protections in Virginia by repealing the so-called “red flag” scheme that allows the seizure of an individual’s firearms on baseless accusations, without a hearing or other opportunity for the person to be heard in court.

A person subject to the suspension of a Constitutional right should be entitled to high evidentiary standards, an opportunity to be heard, and the right to face his or her accusers. Civil liberties advocates from across the political spectrum have expressed concerns about these schemes and how the procedure may lead to abuses, due to insufficient due process protections.

House Bill 827 prevents localities from passing their own restrictions on lawful carry. Ever since the General Assembly allowed them to do so, anti-gun jurisdictions have created a confusing patchwork of carry restrictions that are difficult to know and obey and result in arbitrary boundaries that disarm law-abiding citizens without doing anything to keep armed criminals out.

It also prohibits localities from filing lawsuits against the firearm industry for lawful activities. It does not prohibit lawsuits for breach of contract or negligence from firearms or ammunition purchased by localities.

Some of this could be much stronger, but it’s a good start.  I have always focused on local, local, local, and I will continue to do so.  Your fight is immediately around you.  Look no further than your city hall, your local Sheriff, your local police chief, your board of county commissioners, and your state government.


Comments

  1. On February 25, 2022 at 8:56 am, Michael (from Utah) said:

    Agree with you 100% about things being local.

    As irritated as I often am with local and state government, it is far easier to influence what goes on there than it is in Washington DC.

    I’m tired of hearing some conservatives claim that in order to change things, they need to run for Congress. What a waste of time and effort. Run for the state legislature or governor where you can do a lot more good.

  2. On February 25, 2022 at 9:45 am, George 1 said:

    At the national level I cannot think of a current politician that has not let us down. The DC swamp is truly a uniparty cabal.

  3. On February 26, 2022 at 12:18 am, Kojak said:

    Local, local, local.
    That is where it all takes place.
    Learn it, know it, live it, love it, defend it.

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This article is filed under the category(s) Second Amendment and was published February 25th, 2022 by Herschel Smith.

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