Tag Archives: Reciprocity

Virginia Reciprocity Agreements May Be Renewed

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The Virginia Citizens Defense League, Inc., (VCDL), an all-volunteer, non-partisan grassroots organization defending the right to keep and bear arms in the state, released a statement regarding the pending cancellation of carry reciprocity with 25 other states. Most important: The just-passed February 1, 2016 cutoff date for dropping recognition of 25 states has been extended to March 1.

Click here to read our previous coverage.

VCDL reported that there is a package deal in the works between Governor McAuliffe and the Republicans in the General Assembly dealing with 1) concealed handgun permit (CHP) reciprocity, 2) voluntary background checks at gunshows, and 3) those subject to a permanent domestic violence protection order.

VCDL-logoThe VCDL release said, “To many CHP holders, CHP reciprocity is a HUGE deal, especially if they travel out-of-state regularly and want to be able to carry discretely. For example, there is no solution to carrying in South Carolina if we don’t have an agreement between our two states.”

Gunowners should know the deal is still in the works, and there is no absolute guarantee this will become law — but there’s a reasonably good chance it will.

There are three components that make up the deal, each component represented by matching bills in the House and in the Senate.

1: Reciprocity Details

Virginia will honor the carry permits from all states, VCDL reported. “This is considerably better than current law and something VCDL has been trying to get for at least seven years now,” the release said.

Because Virginia will honor all other states, Virginia CHPs will be recognized by all the states affected by the reciprocity cancellation, plus three new states will be given reciprocity status: New Hampshire, Georgia, and Colorado.

Further, going forward, the State Police and the attorney general will have no say in the new law. If another state requires a formal agreement to honor Virginia CHPs, the new law requires the attorney general to enter into any such agreement.

It’s important to recognize that reciprocity does not mean equal treatment inside all other states, VCDL said. For example, someone from New York will be able to carry in Virginia, but a Virginia resident won’t be able to carry in New York, unless New York is willing to enter into a reciprocal agreement with Virginia.

2: Voluntary gun-show background checks

Background checks for a private sale are completely voluntary. The State Police shall be at every gun show in Virginia, by law. The gun show promoter shall notify the State Police of the location and times of the gun show at least 30 days in advance, shall provide a free location for the police to set up, and shall have signs letting attendees know of the voluntary background checks at the State Police booth. The State Police may charge a reasonable fee. If a background check is run, the seller receives some special legal protections that are currently not available for private sales. If a background check is not run, the seller doesn’t have any more, or any less, legal protections than under current law.

For those gun owners who would feel safer selling a gun to someone who has had a background check, this provides a new option, in addition to the current option of either asking if the person has a CHP or going through the more laborious and expensive route of letting an FFL do the transfer. It also has no effect on private sales conducted anywhere outside of gun shows, where this voluntary option is not provided.

3: Persons subject to a permanent domestic violence protection order cannot possess firearms until the order expires.

The only permanent protection order this restriction applies to is one for domestic violence and nothing else. VCDL said, “The subject of the protection order must have had his day in court along with any legal counsel. Temporary protection orders do not affect possession of firearms.”

For further effects of the deal, click the following links:

McAuliffe’s Cave On Concealed Carry In VA Suggests Problems For Clinton in Iowa

Five things that (kind of) explain McAuliffe’s gun deal with Republicans

Everytown For Gun Safety Comes Unglued Over Terry McAuliffe’s Gun Control Reversal

Sour Grapes: Gun Control Advocates Feel ‘Betrayed’ Over McAuliffe Reversal On Carry Rights

Governor, GOP call gun deal a bipartisan win, but gun-safety activists unconvinced

Gun control advocates slam usual ally McAuliffe on gun deal

Come February, Virginia to Sever CHP Reciprocity with 25 States 

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In a startling move, Virginia Attorney General Mark Herring announced on December 22 that Virginia will sever concealed handgun permit (CHP) reciprocity ties with 25 of 30 states. In particular, this will affect many Midsouth Shooters Supply customers who reside in Tennessee and other states bordering the Commonwealth.

Speaking about this audit and update, Attorney General Herring said, “Virginia, and nearly every other state in the country, have recognized that carrying a concealed handgun is a significant responsibility that should be extended only to those who have gone through a process to prove a level of competency and responsibility.”

Early next year, Virginia will no longer honor carry permits from the following states:

Alaska, Arizona, Arkansas, Delaware, Florida, Idaho, Indiana, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Montana, Nebraska, New Mexico, North Dakota, North Carolina, Ohio, Pennsylvania, South Carolina, South Dakota, Tennessee, Washington, Wisconsin and Wyoming.

virginia-ag-mark-herring
Virginia Attorney General Mark Herring Virginia Attorney General Mark Herring announced on December 22 that Virginia will sever concealed handgun permit (CHP) reciprocity ties with 25 of 30 states. Millions of concealed-handgun-carry permittees will be affected by the decision.

“The standards for proving competency and responsibility are up to each state,” Herring said, “and the General Assembly has established Virginia’s standards for whom it considers capable of safely carrying a concealed handgun. Those standards should be applied evenly, consistently, and fairly to anyone who wants to lawfully conceal a handgun in Virginia.

Herring added, “Under state law, the Virginia State Police can agree to recognize permits issued in another state if that state’s laws, disqualifiers, and safeguards are adequate to prevent possession of a permit by persons who would be denied a permit in the Commonwealth. For much of the last year, my team and I have worked with the Virginia State Police to conduct an audit and update of the states whose permits are recognized in Virginia. This has been a deliberate, thorough, professional review of the states which supposedly meet or exceed Virginia’s standards.”

The following permits will continue to be recognized: West Virginia, Michigan, Oklahoma, Texas and Utah.

The move also means several states will no longer recognize Virginia’s concealed carry permits because they require mutual recognition of permits. Those include Florida, Louisiana, North Dakota, Pennsylvania, South Carolina and Wyoming.

Border towns in West Virginia, Kentucky, Tennessee, North Carolina, and Maryland will be hardest hit, such as in Downtown Bristol, which sits on the Virginia/Tennessee state line. State Street in Bristol divides the city into Virginia and Tennessee sections. Soon, that could mean gun-carrying residents on the south side of the street in Tennessee become criminals on the north side in Virginia.

Members of the Virginia House of Delegates criticized the actions of Attorney General Herring.

“The House of Delegates will immediately begin a careful review of the Attorney General’s findings,” said Speaker William J. Howell of Stafford. “Unfortunately, I have little doubt as to his true motivations. He is damaging the integrity of the office he holds.”

“This is another Washington-style overreach from a nakedly partisan attorney general,” said Delegate Rob Bell (R-Albemarle). “The attorney general’s job is to faithfully interpret and enforce the law of the Commonwealth. Virginians who have concealed carry permits may lose the ability to protect themselves when traveling in 25 states. Instead of doing the job he was elected to do, Mark Herring continues to put the political goals of his liberal supporters ahead of sound legal judgement.”

Speaking about today’s announcement, Deputy Majority Leader Todd Gilbert (R-Shenandoah) said, “Attorney General Herring is endangering the lives of law-abiding Virginians as they travel for work, vacation or to visit their families. Virginia’s law on concealed carry reciprocity was created in 1997, when Democrats controlled both houses of the state legislature. This law gives State Police the discretion to determine the states with which Virginia should have reciprocity agreements based on consultation with the Attorney General’s office. There is no doubt in my mind, however, that the consultation provided by the Attorney General in this matter is based purely on his partisan, political goal of denying law-abiding citizens the right to protect and defend themselves.”

“People who lawfully carry a concealed firearm in Virginia want the confidence that when they travel to another state, that state recognizes the rights of Virginia citizens to protect themselves. The attorney general’s unilateral action likely means that many of the 25 states involved in today’s announcement will no longer recognize the legal rights of Virginia citizens,” said Delegate L. Scott Lingamfelter (R-Prince William), Chairman of the House Committee on Militia, Police & Public Safety. “If the Attorney General was truly interested in safety and security, he would have sat down with these states and resolved any potential issues instead of pulling the rug from under the feet of law-abiding Virginia citizens.”