Public Comments for 02/10/2022 Public Safety - Firearms
HB813 - Law-enforcement agencies; acquisition of military property.
The Virginia Association of Chiefs of Police supports HB 813.
HB825 - Firearm Violence Intervention and Prevention, Virginia Center for; established.
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Please vote YES on HB825, establishing the Center for Firearm Violence Intervention and Prevention. Virginia is in the midst of a gun violence epidemic, and this legislation is needed to help us identify and execute evidence-based solutions.
Good afternoon Mr. Chair and members of the Sub-Committee, My name is Valerie Slater, Esq., and I am a member of the Virginia NAACP VSC, Director of RISE for Youth, Board member of The Activated People, and a coalition partner of the Virginia Community Violence Coalition. Collectively we urge you to support HB825. The creation of the Virginia Center for Firearm Violence Intervention and Prevention, and housing it within the Department of Criminal Justice Services is the right step towards addressing all community violence through a community centric public safety lens. Research consistently shows that programs developed with the input of those who will be recipients of the services are most successful because of participant buy-in. Allowing the Virginia Center for Firearm Violence Intervention and Prevention (VCFVI), housed within DCJS, to collect data, hear directly from communities how best to address their needs, and to provide the funds allowing communities to develop programs necessary to realize the change they want to see is the right way to interrupt and STOP violence in Virginia's communities. The age-old method of simply adding greater police presence in communities suffering from high incidents of violence is not working to make communities safer or to lower the rate of violence. It is time to add community innovation and community led programs, vetted and funded through the VCFVI, to the range of resources we employ, thereby allowing communities to become a part of solving their own problems from within. For these reasons and more, the Virginia NAACP, RISE for Youth, The Activated People, and the Virginia Community Violence Coalition strongly urge you to support HB825 to begin a new day of violence interruption in Virginia.
As a gun violence survivor, survivor of suicide loss, and a multigenerational gun owner, I'm asking you to support HB825. We need a comprehensive approach to address the gun violence crisis & funding this Center will help leaders & researchers make real strides in ending gun violence in the Commonwealth.
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HB1078 - Firearms; limitations on use or transfer.
Please move to report HB70, HB509, HB1078, HB1339. Thank you.
HB10: Please remove all State and local government fees for obtaining a CHP. Provided a person is eligible to possess and/or carry a gun, there should be NO cost burden imposed by government, if they require a background check to exercise the Right, especially if it is to determine the Right to carry concealed, where there is NO government approval required to openly carry. This additional cost to exercise a Right is wrong. Sometimes the cost burden is another impediment to some citizens who could more benefit from concealed carry than others who can more readily absorb the cost. Avoid this whole question by passing Constitutional Carry, preserving CHPs for the excepted venues and latitudes. HB11: Remove all penalties for carrying a concealed handgun, provided a person is not otherwise precluded from carrying a handgun. Pass Constitutional Carry. HB204: Change from five days to three. HB325: How a person determines something -- including a firearm -- is "lost" may not be anywhere near how the Commonwealth's Attorney decides it was "lost". If you look for it for two weeks, and then decide it's "lost", report it, and the prosecutor decides it was lost two weeks ago -- when one may have started the 'due-diligence' search -- and then criminalize the reporting citizen, this is counterproductive and victimizing. With that peril, why would one then report it? HB399: Criminalize crime, not possession. HB590: Stop prescribing and micromanaging how one -- or a family -- keeps firearms. Encourage responsible possession and storage, and have investigations of responsibility determine liability and penalties. HB 1078: Exempt Gift transfers, and offer NO-cost background check options for those. That way, if someone prefers that surety for a Gift, they retain a no-cost option. Thank you for receiving my comments, and for your service to Virginians.
I STRONGLY SUPPORT HB 10 I STRONGLY SUPPORT HB 11 I STRONGLY SUPPORT HB 204 I STRONGLY SUPPORT HB 325 I STRONGLY SUPPORT HB 399 I STRONGLY OPPOSE HB 590 I STRONGLY SUPPORT MODIFIED BILL HB 1078 I STRONGLY SUPPORT BILL IF IT IS FIXED AND COMPLIES WITH FEDERAL LAW OTHERWISE I STRONGLY OPPOSE HB 1306
Delegates, HB 10, Delegate Anderson, removes all fees for a person to get a concealed handgun permit (CHP). It’s bad enough that gun owners need a permit to exercise their right to self-defense using a concealed handgun, they certainly shouldn’t have to pay a fee to do so. The fee is similar to a “poll tax" and I think it should be eliminated. I support this bill. HB 11, Delegate Anderson, reduces the penalties for carrying a concealed handgun without a CHP. The first offense is up to a $100 civil penalty, which avoids criminalizing someone who is innocently carrying a concealed handgun and is unaware of the requirement for a CHP or is unaware the method of carry is considered “concealed.” The second offense is raised to a Class 2 misdemeanor, and subsequent offenses are a Class 1 misdemeanor. If a person acquires a valid CHP while awaiting trial, which the bill allows for, the judge may dismiss the charge. I support this bill. HB 204, Delegate Wachsmann, changes the number of days that the state can delay a firearm transfer from five days to three days, matching federal law. I support this bill. HB 325, Delegate Freitas, repeals the requirement that a person who has their gun stolen must report it within 48 hours after the person discovers the loss. This law is unenforceable, as how does the Commonwealth know when a person discovered their gun missing, if they realized it at all? HB 399, Delegate Simon, makes the possession, transfer, sale, or manufacture of a homemade gun a crime, unless at some point federal law requires a frame to be serialized and a federal firearms importer or a federal firearms manufacturer has serialized the frame. This bill would make existing homemade guns illegal and would make 80% receivers illegal, turning innocent citizens into criminals overnight, with no compensation for the loss of their previously legal gun or 80% frame. This bill is tinkering with extremely complicated gun laws. It is also unconstitutional. I strongly oppose this bill. HB 590, Delegate VanVaulkenburg, requires a gun owner in a house where there is a person under 18 to either have a firearm under their immediate control or to store the firearm unloaded in a locked container and the ammunition in a separate locked container. This would make it illegal for someone to have a loaded firearm in a locked container, such as a biometric safe, for use in case of emergency. Also, this is a one-size-fits-all, not recognizing the difference in maturity levels children can have. Children under the age of 18 have used firearms to stop violent home invasions or other serious crimes taking place in their home. I strongly oppose this bill. HB 929, Delegate Batten, exempts holders of a federal “curios and relics” license from a background check when purchasing a firearm. I support this bill. HB 1078, Delegate Cordoza, clarifies that a transfer, but not a sale, between family members does not require a background check. I believe this should be expanded to not punish any transfer of personal property. HB 1306, Delegate Simon, updates the current law to add possession or sale of a firearm which has had its serial number removed or obliterated a crime. As written I oppose this bill. There are some changes that could be made that would be acceptable.
HB10 - I strongly agree with this as getting rid of CHP fees rectifies a violation to our constitutional rights, a fee on carrying a firearm is equivalent to a poll tax and should be immediately removed HB11 - I strongly agree with this as someone should have the opportunity to at least complete their CHP while they have a charge and people should not be going to jail in general for carrying a firearm in otherwise permitted places as it puts a further strain to our prison system and makes bad people out of nonviolent or ignorant people HB325 - I strongly agree with this bill as this rectifies the issue of punishing the victim (aka the person who had their firearm stolen) by removing the civil penalty. Having a fine on top of having your property stolen is just not common sense HB399 - I strongly oppose this terrible bill, it is unconstitutional as creating your own firearm has been protected since the beginning of America's existence. This bill will created felons out of ordinary people overnight. This will also not stop the manufacturing of firearms as material like polymer is available everywhere and will become even more accessible with the availability of 3D printers HB590 - I oppose this bill as safe storage laws are just another impediment for defending your own residence. The proper solution is to leave the discretion up to parents and to educate children to proper firearm safety and to always assume a gun is loaded HB1078 - I support this bill as it gets rid of unenforceable language in Virginia law HB1130 - I oppose this bill on the principle that all citizens should be treated the same HB1306 - I strongly oppose this bill for the reason that it will make lawful citizens illegal overnight and will not be followed by criminals anyway
Dear Delegates, I support all bills that remove restrictions on firearms and oppose all bills that add restrictions to firearms. Anti-gun bills serve only to disarm innocent, law-abiding citizens. They make it easier for real criminals to do harm. Why is this so hard to see? It's obvious. I illustrate why we must protect the rights of gun owners in a song a wrote called Good Folks. You can listen to it and watch the music video here: https://carlahowell.com/product/good-folks/ Thank you for hearing my concerns. Respectfully yours, Carla Howell
I'm a volunteer with Moms Demand Action for Gun Sense in America, and I oppose these bills.
Good afternoon, Mr. Chairman, and committee members: Thank you for the opportunity to comment on HB 16 and thank you, Delegate Fowler, for your work updating our state’s Safe Haven law. We, Virginia is for Children (an advocacy group for the lives of vulnerable children in our state), are following the Safe Haven law efforts and are fully supportive of the extension to thirty days of age for infant relinquishment. This is a reasonable, standard amount of time for a mom/parent to conclude that they cannot parent their baby OR, change their mind and decide they can parent their baby. Such a significant, life-altering decision does not need to be rushed or hurried. We know that moms who have just given birth, especially those who are alone, need time to recover physically and emotionally. Moms can experience postpartum depression after the birth of child, this typically occurs within the first 1-3 weeks after birth, parents can be in desperate situations- experiencing homelessness, abuse, addiction and need time to get help. Twenty-one states are now at thirty days for age of relinquishment. Utah just extended their law to thirty days in February, 2020 and approved funding for safe haven law awareness. Extending this law can potentially save more infants from abuse, neglect, and abandonment and give parents the time they need to make important decisions. We hope the committee will approve the extension and consider providing state funding for safe haven law awareness and promotion of safe haven locations or “safe baby sites”. Not enough parents are informed about the law’s existence and the process involved. Our group is especially interested in a state funded, DSS promoted, 24-hour confidential, crisis hotline that would provide intervention and support for women in crisis pregnancies and struggling parents, so that they can get the help they need to parent their baby. Thank you, Mr. Chairman, and committee members for your time and for the opportunity to voice our support of this bill. Sincerely, Leah Kipley VA is for Children
HB509 - Firearms; removal from persons posing substantial risk, penalties.
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Please move to report HB70, HB509, HB1078, HB1339. Thank you.
Written in support of this bill. Red flag laws are a tool of an ideological war against those who have beliefs in alignment with the 2nd amendment. Being subject to a red flag order inflicts psychological trauma and possible financial ruin. Financial ruin significantly impacts likelihood of starting a family, and secondly forces a person into slavery. Where they previously would have been compensated for their work, now instead they have to pay debt of attorney's fees or other costs associated. The psychological impacts include a complete disaffection with the justice system, society, and relationships. Due process is required to prevent the innocent from being subject to deprivation of life, liberty, or property without just cause. These red flag laws have aspects which indicate a diminution of due process. An individual who attempts to defend themself in a case will probably lose. Generally they are given something like 2 weeks to prepare, there is no discovery, the standard of proof is only a preponderance of the evidence (which is the lowest standard above no evidence), and their trial lasts 30 minutes in front of a judge who's career depends on conviction rate. And even if an innocent person hired an attorney, the attorney's job is nearly impossible, there's not even a prosecutor for him to work with. Due process costs money. The only reason not to have vigorous due process is to save money. In red flag cases, the state saves the cost of prosecutors, juries, mult-day court proceedings, evidence, proof, public defense attorneys, and much more. Through cultural influence by organizations like Mom's Demand Action and Everytown for gun safety, women are being trained or raised to engage in cultural war against men of certain ideologies. This war results in men who will not participate in marriage because the risk to their liberty is so severe that they decide the benefits are not worth it. This is a type of soft genocide because in a few generations, there will no longer exist people who believe in freedom and self-defense rights, and those organizations will be able to push their agendas with less opposition. The consequence of which is a disarmed public which can be more easily enslaved. A criminal using the state to make false claim of an innocent person is one outcome. At worse, red flag laws do nothing to stop a determined attacker from harming someone. It can simply enrage someone and put them straight back into the public. Or, it can turn a mentally healthy individual into one at risk of suicide because of their shattered world view and realization that the justice system uses words like beyond a reasonable doubt but really does something entirely different. Whether slavery exists now or not can only be questioned because the next type of slavery in this country will be poorly defined. But at some point if inflation and housing prices continue the way they are, there will be no question. When you have nothing and you only live on debt, then the only difference between you and a slave is what your living conditions are. I think the point of red flag laws is to trick some people into believing there is a just reason for them when really it's to make us hate each other. Unfortunately, Mom's Demand Action and Everytown may simply be used as tools by the wealthy to attempt to make us all hate each other so our resistance to enslavement can be weakened.
Red Flag legislation should never have been passed in the first place. It opens up unlimited abuse by people with grudges or government threat to opposing political commentary. Ask the Russians or other political dissidents how they feel about police arresting and imprisoning people who oppose the current regime. History proves that this is a very bad idea. If there is reason to believe that someone is a risk to himself or others, the appropriate response is to deal with the person (arrest, hospitalize, etc.), not take away inanimate objects on someone else's say so and without legal warrant. This clearly violates several Enumerated Rights under the Constitution. The Red Flag laws in Virginia should DEFINITELY be repealed immediately.
Gentlemen: I am writing to you to ask your support of HB509. As a criminal justice practitioner for over 23 years including time as a Deputy Sheriff, a Sgt. in a correctional unit and 13 years as a Magistrate as well as an Associate Degree in Law Enforcement and a BAS in Criminal Justice I feel I am qualified to discuss the "Red Flag" law. Constitutional safeguards not withstanding it find it more common than not for citizens in our society today to use even the most minor of excuses to condemn the actions or inactions of another citizen. My experience as a Magistrate indicates that being sworn to tell the truth is no longer a valid method to insure the truth of an individual's statement even with the possibility of criminal prosecution for lying to an official. I also believe that more and more citizens are abusing the Courts and Law Enforcement to settle their issues with domestic being the most common issue a party may rush to seek a criminal warrant or as this legislation seeks to prevent, to have firearms removed from a citizen legally possessing them based on flimsy, if not false, statements to a Judicial officer. It's sad to say but truth is no longer desired by a growing majority of our citizens. The "red flag" does not offer a valid means of providing security and protection. It provides a strong method of enforcing revenge in an unlawful and disgusting manner against an unsuspecting neighbor or relative. The "red flag" is not used for protection as intended. It is a latent method of going around the protection of the 2nd Amendment by over zealous legislators and radical citizens. I hope you will consider my submission regarding HB-509 and eliminate the "Red Flag" laws and their unjust actions from our society. Regards, Richard D. Cox, Magistrate (Retired)
Please vote NO on HB509. Easy access to firearms significantly increases the risk of suicide; 700 Virginians already die every year by firearm suicide. Studies have shown red flag laws to be very successful in averting these suicides. Please do not undo the progress we have made on this issue.
Please report HB509 to the House floor for a vote. Red Flag is a drastic move and can be misused to the detriment or even death of the person "turned in", perhaps by a neighbor who doesn't like him. Sending SWAT to his house is costly and unnecessary. Detaining the victim of a Red Flag turn-in removes his right to due process. Many innocent, law-abiding citizes could be damaged or killed if we don't repeal the unconstitutional bill. Please do not continue delaying this important legislation.
Seems like it was a bad idea to pass the law in the first place. The climate has changed. Not liking the government overreach at this point.
I write/ speak in opposition to Red Flag Laws; As not only a lifelong Virginian, the daughter of a former VA Law Enforcement Officer, but also as a woman & mother. Red Flag Laws pose more of a risk to innocent Virginians than what they are **theorized** to do, due to the lack of guaranteed due process for the accused. They limit & restrict the civil rights of individuals before any criminal intent is proven prior to the seizing of the individual's personal property. There is NO substantial evidence proving they work (a RAND study found them inconclusive); especially when we lack laws to hold actual/ proven criminals fully accountable for their actions. Not only this, Red Flag Laws have no clear constitutional definition, which only confuses individuals of their rights even more. You're underhandedly creating a "Police State." This type of confusion also instills even more of a divide within & between marginalized communities and local law enforcement, because it puts anyone involved at risk of things like the possibility of violent retaliation- all due to unproven allegations from someone, like a revengeful ex or family member. We do NOT need anymore laws that enhance the risk of danger for Virginia residents disguised as "for our safety." We need more education rather than legislation. Thank you for your time.
HB509 Firearms - removal from persons posing substantial risk We are opposed to doing away with extreme risk protective orders, as suicides are increasing in Virginia, and 65% of gun deaths in Virginia are suicides. Those gun-related suicides have risen steadily for 20 years, so that today over half of the suicides in Virginia involve a firearm. The best way to prevent suicide is to remove the lethal means to do so. When a gun is used the fatality rate is over 80%, compared with a far less lethal rate for other methods. Individuals contemplating suicide often do so impulsively, and if they survive that first attempt, they are more likely to get treatment and much less likely to try again in the future. We supported the legislation that helps decrease the risk of suicide by firearm because it is based on behavior, not on someone’s health diagnosis. These laws provide for someone to ask the court in a civil proceeding to temporarily remove a firearm from someone who is an imminent risk to themselves or to others. The petition may be from a law enforcement officer, concerned family member or a medical professional. The removal is temporary, with due process built in at each step. For example, you can’t be denied your gun simply because you have a mental health diagnosis. The evidence on suicide prevention suggests that we should keep Extreme Risk Protection Orders, with due process protections for individual rights, including the rights of anyone with a mental illness.
I urge you to support HB509. Red Flag Laws are subjective and serves only to remove the right to bear arms and not to provide help to the individual suspected of being a danger to themselves or others. This is another means of "chipping-away" at individual rights.
I am oppose of these bill
HB1051, HB288, HB292, HB299,HB509 - PLEASE DO NOT PASS THIS BILL. I have a concealed carry myself and respect 2nd amendment rights to the letter of the law. When someone gets a protective order against them they have been convicted of violence. I spent 5 months trying to obtain a protective order from the courts on a man I was married to for 5 years. This man had an arsenal of weapons - maybe as many as 45 including AR's he built himself without any markings. He physically abused me and I had proof of that, I had to leave my own home because he would not and the police didn't make him. I continued to pay all bills including mortgages, utilities everything, he paid nothing but refused to leave. He threatened my life and held a gun on me several times. 5 months of this and finally some really wonderful judge granted a protective order. Now you want to allow him to have his guns back? Anyone with a protective order has faced physical violence or death threats. We are scared for the lives and safety of ourselves and families. Please do not do this to us. I would be glad to speak with you if you need me to. The last year of my life has been a nightmare. I marched on the capital for 2nd Amendment rights myself. But with the advent of violence I have faced in the last year I truly feel that we need to take a 2nd look at anyone who has weapons and is charged in any domestic violence situation. HB1205 - My ex actually stalks me and has been doing this for 5 years. He knows everywhere I go, everything I do, every call I make, every text message I send or receive, and reads all my email. He shuts down my computers, email, phones if there is something he does not want me to have access to like loan closing documents for my home. My realtor had to hand carry everything to me. I have documented proof of everything. Even where he was messing with the loan documents. Called police they said unless money is missing from your account no crime has been committed. (So much for identity theft). Everyone thinks someone else has the ball on this. This bill covers only the General Assembly - what about the Citizens of Virginia?? Cyber crime is the biggest, fastest growing segment. It is web based? Do you not want to protect the citizens of Virginia then give us a place to go when we are attacked. I have no means to trace anything to source only police can do that. If they wont ?? Everyone says it is someone elses job. Therefore nobody has the ball and the little guy is suffering. Help us too!! HJ3 - PLEASE VOTE YES ON THIS. A convention of states is the only way to fix what is broken in DC. A lot of people believe it will be runaway but so many safeguards are built in that could never happen. Besides in 100 years of being allowed to tax how would you grade their performance? Pretty bad huh? Maybe its time to move some of that back to the states where it really does belong. They take our money and do things they were never chartered to do. Your jobs. Bring it home and fix this mess please. Term limits, budget controls, federal overreach.
Dear Committee, I am a wife, mother, domestic violence survivor, and most importantly a fellow Virginian. I signed up to speak but did not get the opportunity, so I am writing you. I urge everyone to support HB509 to repeal red flag gun laws. As a domestic violence survivor I went through a nightmare with my ex abusing me in another state due to their red flag gun laws. Although eventually the judge saw that this was a form of abuse, it cost me time and a lot of money. It affords the abuser another way to abuse their victim - by stripping them of the ability to self defend. I was lucky but not all victims are this lucky. I appeal to you to vote to support this bill and repeal red flag gun laws. Our citizens will not re-elect those who take away our Constitutional freedoms in the 2022 midterms.
I support this bill.
Please pass HB509. To protect our constitutional rights.
Red flag laws are grossly immoral and illegal per our common law rules of "innocent before proven guilty." Our right to keep and bear arms has never been more important in this time frame of overbearing government. The founders truly said that rulers love to become tyrants if they are given a free rein. Also, in a time of rank criminality and with AG's giving free passes to barbarian looters and invaders, home defense and gun rights are important for that reason as well. FIX THE MISTAKE, RESPECT THE CONSTITUTION.
I'm a gun owner and I oppose this bill. Every year, nearly 700 Virginians die by firearm suicide. Substantial risk orders in Virginia have already been an effective intervention for temporary moments of crisis. If the commonwealth’s law is repealed, more Virginians' lives will be placed in danger. As a survivor of gun suicide loss and a volunteer with Moms Demand Action for Gun Sense in America, I'm imploring you to vote no on this bill.
Dear Honorable Delegates of the Great State of Virginia: I support the repeal of the red flag gun laws to restore the Constitutional Rights of the 2nd, 4th , 5th, 6th and 14th Amendment. I also support medical freedom in Virginia. Respectfully, Mrs. Patricia Marseglia Arlington, Va Alfonso Lopez's district
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Red flag laws are grossly immoral and illegal per our common law rules of "innocent before proven guilty." Our right to keep and bear arms has never been more important in this time frame of overbearing government. The founders truly said that rulers love to become tyrants if they are given a free rein. Also, in a time of rank criminality and with AG's giving free passes to barbarian looters and invaders, home defense and gun rights are important for that reason as well. FIX THE MISTAKE, RESPECT THE CONSTITUTION.
Dear State Representatives, I am asking you to pass SB509 in order to preserve our Second Amendment rights, and repeal red flag gun laws. As a domestic violence survivor I had been a target of such laws in IL in the past, despite being a VA resident. I had an abusive ex who tried to use such laws to keep me from defending myself and my son. These laws can be easily used by abusers to further abuse their victims. I was fortunate enough to fight this, but it let my abuser drain me of money, and force me to multiple court hearings. Please support HB509 on behalf of domestic violence survivors, and citizens who wish to defend themselves without fear.
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There are already many applicable laws regarding emergent or temporary custody of someone for their or others safety, harassment of another, and temporary restraining orders. If the only thing you are doing is removing firearms from someone, then there is no substantive change in their ability to hurt themselves or another. Thus Red Flag Laws are only a charade of safety, they spit in the face of America's foundation based on due process, and they do nothing to truly protect people. Please support HB509 and repeal this anti-American law.
Please support HB 509 - Until the second amendment is repealed, it must be respected.
I grew up with a wise old saying "if someone will lie for you , they will lie on you". The constitutional rights that are broken by "red flag" can be used on political opponents as well as citizens, if YOU politicians don't kill the red flag, one day you might find yourself at the hands of the communist/socialist, to punish you. You absolutely know this thing is unconstitutional, and we put you there to stop it. Ultimately there is One with whom we have to do and He is watching, I hope you make the right decision. Joseph Mckinley Compton
pass hb509
I live in a remote area, also a drug infested area right off a major highway. My guns are my protection against intruders. I cannot afford a gated fence or other measures afforded by some who have no mercy on people like me. Please uphold my Constitutional right to bear arms and protect myself from those who may want to harm me and my family.
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As a constituent, I want the Rules Committee to pass HB509. The erosion of our Constitution must be fixed and it starts here.
Pass HB509. Red flag laws are easily abused.
PLEASE VOTE TO REPEAL THE RED FLAG LAWS!!! VOTE FOR HB509!!! THAKS: KENNETH MCVEY
Red flag laws are unconstitutional and unethical. The criteria for preemptive confiscation of property, and the suspension of enumerated rights, is unclear under the current law and also represents a clear departure from “innocence until proven guilty.” The potential for abuse of Red Flag Laws by private citizens is immense; however, it is already an overreach of power from the state.
Members of the Rules Committee, I respectfully ask that you support passage of HB509 to end the red flag laws enacted in 2020. The red flag laws are an affront to our state and national constitutions, the entire process is vulnerable to malicious abuse potentially leaving the innocent defenseless, and it completely violates due process. Support HB509 to return the focus to the people, not the weapon at hand, when law enforcement are evaluating the risk an individual presents to themselves or others. Taking away firearms from someone truly at risk of harming themselves or others, without coordinated mental services leaves the individual angrier or more vulnerable than before and can increase the likelihood of a bad outcome. A far better means of deescalating the risk of firearm injury is to leave the weapons and remove the individual from the situation for evaluation and support. Instead of supporting unjust red flag laws, please work to improve Virginia's mental health response & care capabilities to identify and assist those in need. Thanks,
This bill is a must, it is not okay for you all to think you can toy with the rights that God gave us Americans. I will absolutely oppose voting for anyone that doesn't support the repeal of red flag laws and so will all my friends and colleagues. Unconstitutional laws will not be followed as they are by definition void.
HB509 must pass! Red Flag legislation is unconstitutional and tyrannical. Red Flag throws out the presumption of innocence, and leads to false imprisonment and theft of a person's private property. Red Flag is a witch-hunt tool, and must be abolished.
I fully support HB 509 and the repeal of the unlawful red flag laws which assault ALL American's rights. If this assault on our inalienable rights, as delineated in the Bill of Rights, is allowed to continue, where do politicians feel they can attack us next? The red flag laws are a clear assault on the 2nd, 4th, 5th and even the 6th and 8th amendments. Effective as it may be to destroy so many rights in 1 terrifying action, it a clear assault on the freedom's that were the basis of the creation this great nation.
The red flag law is useless. It in no way stops evil intent. Regulations on lawfully owned firearms will not stop evil.
No anti 2A legislation please!!!!
My husband and I are adamantly against ANY red flag laws. They are unconstitutional and erode the rights of the accused by eliminating due process. Punishment of those who would misuse red flag laws for political or vindictive motives were not even addressed properly by those who foolishly voted for it . I do not want my right to bear arms in the protection of my family to be suspended because someone has a grudge against me or doesn’t want me to be armed. If someone wants to warn law enforcement about a person who is a threat to anyone they can do so through constitutionally sound means. Thank you for listening. Mrs Francis Brashear
It's becoming very old you Folks blame everything on Guns, I've owned Guns since I was 6 years old never hurt anyone or thought of it. Change your direction and start blaming Bad People, Lock them up and keep them there. End of Gun crime. It's so obvious but it doesn't suit your plans does it?
I strongly urge you to support HB 509, and be the first state in the country to repeal a red flag law. This law was by far the most egregious violation of rights by the state, and it must be defeated!
I am writing on behalf of all Americans in Virginia, holding my elected officials accountable to REPEAL the Red Flag law and support/pass HB509 which is a tyrannical law which infringes upon our God given Constitutional rights of bearing arms. This is a clear attack on our 2nd Amendment rights. Vote on behalf of this law. Thank you for your attention and time.
Repeal of Red Flag - This should never have been passed in my opinion. There was never any clear policy provided that supported the value. Instead it was touted as "common sense gun control" but no explanation was provided for how this benefited Virginians. Furthermore when VA has been letting cop killers out on early release and letting violent offenders side step appropriate incarceration I doubt the sincerity of those who passed this originally and their concern for the safety of Virginians. Instead it seems to be more a push to have government and those who would abuse government use the Red Flag law to abuse VA citizens. Please support the repeal of this for the safety of VA citizens as well as law enforcement officers that have more valuable things to do to keep VA a safe place to live.
Please move forward on this bill Red Flag laws are a direct infringement on Americans of the United States Second Amendment righs s
I respectfully insist that the Members of the Rules Committee pass HB509. Red flags laws are a direct violation of the 2nd, 4th, 5th, 6th and 14th Amendments to the U.S. Constitution, and Article 13 (among others) of the Virginia Constitution, and Virginia's red flag law must be repealed immediately. Gov. Northam never should have signed it, and doing so was a violation of his oath of office. Now that he's out of office, now is our chance to fix that error. Any elected member of the Virginia House of Delegates or Senate that fails to support this effort needs to know we will hold them personally accountable in the upcoming election if they do not vote in support of HB 509, the Repeal of Red Flag Gun Confiscation. Do the right thing. We are watching.
"Red flag" laws are a massively flawed concept that have resulted in numerous deaths for gun owners in other states. These law violate due process and post numerous other constitutional questions. Vote for HB 509 to repeal these infringements on our rights and restore liberty to residents of Virginia.
There are no reasonable standards one can use to figure out who gets red-flagged. If a man or woman is grieving the death of a family member, they will be suffering from situational depression. Are they then permanently red-flagged? There are too many situations in which local officials of varying qualifications would have to make permanent safety decisions. And, in the current climate, these decisions would reliably be made politically with a thumb on the scale.
I'm a volunteer with Moms Demand Action for Gun Sense in America, and I oppose this bill. Every year, nearly 700 Virginians die by firearm suicide. Substantial risk orders are an effective intervention for temporary moments of crisis. If the commonwealth’s law is repealed, more Virginians' lives will be placed in danger.
Please pass HB 509 And get rid of unfair red Flag laws. Restore folks gun rights and citizens due process as protected by the US constitution. Thanks
Thousands of members of the Virginia Constitutional Conservative highly encourage you to vote for House Bill 509 and restore the second fourth fifth sixth and 14th amendments in Virginia. A vote against this bill is a vote against the Constitution and your oath of office.
Please repeal this unconstitutional legislation. Depriving people of 2A rights without proper protocol of due process is reactionary, illogical, and illegal. There are more direct and effective ways to deal with mental health and/or criminal violence, ways which do not endanger the rights of Old Dominion residents. There are right and wrong ways to do anything, red flag laws are absolutely the incorrect way to nurture and protect a free society. The alternatives might be more financially costly for the judiciary and/or any psychological aid initiative, but I for one do not desire for my taxes to pay for shortcuts which will lead us nowhere except haphazardly into tyranny.
What part of Article I Section XIII of Virginia's Constitution is so difficult to understand? HB509 puts government back into its Constitutional box. Do what you said you would do when you promise to ' uphold the Constitution . . .' --- Luke 16:10-13.
I am urging the repeal of Red Flag Laws. They presume that citizens are guilty before proven innocent - a complete perversion of "innocent until proven guilty" and an utter raping of citizen's due process. In no other right do we have to prove innocence in order to exercise it. Red flag laws have been on the books in various states for years - and not one of them have been successfully. There hasn't been a single case where a red flag order was used to disarm anyone exhibiting intentions to use firearms for violence. The opposite has happened - they have led to the deaths of innocent and nonviolent people. Red flag laws are bad public policies that endanger the public, and they must be repealed.
The Red Flag law as passed in Virginia is a direct violation of the bill of rights, and is utterly opposed to everything this nation stands for. We urge the members of the committee to move for a swift and total repeal of Red Flag, and remind them that the passage or failure of this bill will be held to account. Virginians will be watching this bill closely as it moves though committee and to vote, and we will not be deceived as to the reason or fault if it is stalled or shelved. I would urge all members of the committee to swiftly move this bill through to passage.
Virginia's new Red Flag law is not only unnecessary, it is dangerous, and, even worse, unconstitutional. Unnecessary. There has always been a judicial procedure for confiscating a weapon from an insane person. The difference between legally confiscating a weapon and Red Flag confiscation is due process of law. Under the 2d, 4th, , 5th , and 6th Amendments to the Constitution - our Bill of Rights - we as citizens are all entitled to our day in court BEFORE a right is denied and a gun is confiscated. Dangerous. Red Flag Laws are dangerous, because they put both police and innocent people who have never committed crimes at great risk. People, who don't even know they have been falsely accused, have been killed because Red Flag Laws allowed police to break down doors in the middle of the night. Unconstitutional. Worse still, whenever a firearm is seized by authorities before the owner has his day in court, it violates the Second Amendment right to keep and bear arms, the Fourth Amendment right to be secure against unreasonable search and seizure, the Fifth Amendment and Fourteenth Amendment right to due process, and the Sixth Amendment right “to be informed of the nature and charge of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” The legal process for having a person declared unfit and taking away rights is contingent upon due process. When I entered the service, I swore an oath to defend the Constitution. I fought in combat, and have had friends who died, for our rights, and the rights of others. While all legislators have taken a similar oath, some cavalierly violate it. Don't you be one of them. Vigorously defend my rights and the rights of all Americans to due process.
'Substantial Risk Orders" are in direct violation of the Bill of Rights. In a time when concerned parents are branded as "terrorists" for speaking up at school board meetings we can not allow this "Red Flag law" to stand . 1st Amendment - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. 2nd Amendment - A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. 4th Amendment - The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 5th Amendment - No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. 6th Amendment - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. 14th Amendment - .....No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. .... Any politician who support Red Flag Laws (regardless of party) deserves to be removed from office.
I urge moving HB509 out of committee for a vote on the floor of the House of Delegates. If the purpose of the law was to address the problem a person presented to the community as an extreme risk then the law should have addressed the needs of that person, not their firearm possession. A person can be a danger to themselves and others with a car, a can of gasoline, or a kitchen knife. The Extreme Risk Protection Order, aka ERPO or Red Flag law, is simply an end run around the protections of the 2nd, 4th, 5th and 14th amendments to the US Constitution as an attempt to confiscate firearms pretending to provide due process. Do you know that historic weapons such as "cap and ball" pistols, flintlocks, and even reproductions of historic cannons are not considered firearms and therefore are not subject to a ERPO? Virginia's Red Flag law is an abomination against our liberties and the protections constitutionally limited governments are supposed to be constrained by. Pass this bill out of committee and on the floor now please.
As a woman it is critical that I maintain my RIGHT to protect myself; however as citizens of a free state and nation, we must repeal any law that infringes on our 1st, 2nd, 4th and 14th amendment, IMMEDIATELY. This committee must immediately vote YES on HB 509. Empowering those with ill intentions while suppressing the God given right of law abiding citizens is tyrannical! I’m demanding not only a vote for the bill but for our elected officials to co-patron this bill. There are NO excuses, the people will be watching closely.
I already sent this email to each of the Rules Committee members: As an outspoken parent activist in Loudoun County who has been: personally targeted online with a death threat, personally targeted for doxxing, personally named on a hate list by a secret online group that included the commonwealth's attorney and six school board members (warranting a call from a sheriff's deputy), generally labeled a "domestic terrorist" by the NSBA, and generally considered worthy of investigation by the Department of Justice simply for speaking out at school board meetings (AG Garland's memo)--it terrifies me that there is a red flag law in Virginia that empowers people with bad intentions to instigate a violent response by law enforcement to violate any number of my constitutional rights. You need to repeal this law NOW. Support HB 509. Don't just say you'll vote for it. Sign up to be a co-patron of the bill. Work with the state senate to get co-patrons there. Work with people across the aisle. Make this happen THIS LEGISLATIVE SESSION. It is outrageous how easily I can lose my rights upon the word of someone who sees me as their political enemy and wants to see me destroyed. Thank you.
HB1232, to add citizen members to the Behavioral Health Commission, achieves benefits for the commission and the public. Research shows that policy is better when the people affected provide input about services and supports based on their lived experience. VOCAL is an organization of more than 2,000 Virginians with lived behavioral health experience. We strongly support citizen membership on the commission. Doing so ensures that the voices of Virginia’s citizens are heard. The commission will benefit by having citizen members that will help them to craft policy that makes behavioral healthcare cost efficient, effective, high quality, and appropriate to the needs of the individuals served. VOCAL joins disability Law Center of Virginia, the Virginia Association of Community Services Boards, the National Alliance on Mental Illness Virginia, Partner for Mental Health, Robin’s Hope, SAARA, Mental Health America of Virginia, Voices for Virginia’s Children, and many other organizations and individuals who support this positive change to providing outstanding behavioral health care to all Virginians
The consideration of HB509 by the Rules Committee and not the Public Safety committee appears to be diversion to ultimately kill this HB509. Passage of this Bill is essential to rejecting governmental efforts to supercede Virginian's 1st, 2nd, 4th and 14th Amendment rights by imposing threats against persons who speak out against another person's views (1st Amendment), threaten forfeiture of personal protection weapons (2nd Amendment), weaponize illegal search and seizure (4th Amendment) and denies citizens their rights to confront their accuser (14th Amendment). Passage of HB509 is of paramount importance as it sets a precedent for revocation of rights well beyond firearm possession.
In reference to bills HB1166, HB14, HB288, HB292, HB299, HB509 and HB513 I would strongly advise that these bills not be passed. Gun violence is responsible for thousands of injuries and deaths each year because there aren't enough laws restricting the acquisition, possession, and use of firearms. It is not mandatory for a psychological evaluation to take place before a person buys a gun, so thousands of suicide by gun incidents occur every year as a result. Hundreds of mass shootings happen each year because common citizens are able to easily access military grade weapons and use those weapons to commit murder. Guns are bought and sold easily through the black market and distributed all across this country and across its borders. If anything there should be more laws restricting the number of firearms one can purchase and possess. There's no reason someone should own a double or triple digit amount of guns or possess any explosive devices. The restriction of carrying these weapons shouldn't just be limited to government buildings. The minimum requirement should be a mandatory psychological evaluation before purchasing a gun or obtaining a gun license, and if there's any possibility of harm being caused to themselves or someone else (whether accidental or intentional) then they should be barred from having either. And if someone does own firearms without a gun license, they should be taken, whether they are perceived as competent or not. There should be stronger action taken to prevent the open distribution and possession of firearms, not easing access to them.
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