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Northam administration outlines gun control measures it backs including assault weapons ban with permits for existing owners

Northam administration outlines gun control measures it backs including assault weapons ban with permits for existing owners

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RICHMOND — The Northam administration threw its weight Thursday behind the eight proposals it will back on gun control this legislative session, including a ban on assault weapons defined as any semiautomatic rifle or pistol with a magazine that holds more than 10 rounds.

The Northam-backed bill would go into effect in July, but would allow people who already own an assault weapon to obtain a permit from the state for restricted use. Without a permit, the guns would have to be disposed of, surrendered or made inoperable by January 2021.

The bills add specificity to proposals Gov. Ralph Northam outlined in the aftermath of the May 31 shooting in which a Virginia Beach city employee fatally shot 12 people. The proposals represent a small portion of the bills filed on gun topics so far this session.

“We are not taking positions on any other bills,” said Public Safety Secretary Brian Moran during a presentation Thursday morning to state officials and community activists.

The Northam-backed assault weapons ban will be sponsored by Del. Mark Levine, D-Alexandria, and Sen. Adam Ebbin, D-Alexandria.

It is different from a bill filed by Senate Majority Leader Dick Saslaw, D-Fairfax, which does not include a “grandfather” provision for current owners of weapons deemed “assault weapons.” The lack of such a provision in Saslaw’s bill has raised concerns among some gun-rights backers about confiscation. Saslaw has said his bill will be amended in committee to “resolve some problems.”

The Levine-Ebbin proposal would make it a Class 6 felony to import, sell, buy, transfer or build an assault weapon within the state.

The definition of an assault weapon, under this bill, also includes features like a folding or telescoping stock, and thumbhole stock, a second grip and barrel that can hold a silencer or extender. The bill also classifies a semiautomatic pistol that weighs more than 50 ounces unloaded as an assault weapon.

The bill bans standalone parts designed to turn a non-banned firearm into an assault weapon.

Northam’s package also includes a “Red Flag” law proposed by Del. Rip Sullivan, D-Fairfax, and Sen. George Barker, D-Fairfax, which would remove firearms, through a legal warrant, from people deemed a risk to themselves through what is called an “extreme risk protective order.”

Republicans have expressed concern that this type of legislation would violate due-process rights for people deemed in crisis.

“This protective order may only be obtained by law enforcement or commonwealth’s attorneys,” Moran said. “So, this isn’t neighbor against neighbor, or ex-spouse, those situations.”

Moran added that after 14 days, the issue is referred to a circuit judge, who would hear the case and decide how to move forward. “We addressed due process,” he said.

Northam’s budget includes $3.6 million and 10 Virginia State Police positions over two years to implement the law and other related bills.

Moran said that despite high tensions over gun control, the administration is “optimistic” about enacting its package.

“We expect these bills to pass,” he said. “Clearly the opposition to these bills expect them to pass; otherwise you wouldn’t have the sanctuary movements sprouting in the commonwealth.”

The Virginia Citizens Defense League says that 125 counties, cities and towns in Virginia have backed Second Amendment sanctuary resolutions in which local government leaders pledge not to enforce gun laws they deem unconstitutional. Virginia Attorney General Mark Herring says such resolutions have no legal force.

The Northam-backed legislative package also includes:

n Legislation filed by Del. Ken Plum, D-Fairfax, and Sen. Louise Lucas, D-Portsmouth, calling for universal background checks. Right now, only federally licensed firearms dealers have to conduct background checks.

n Legislation by Del. Mike Mullin, D-Newport News, and Sen. Janet Howell, D-Fairfax, would ban people with a restraining order against them to possess a firearm.

n The restoration of the one-handgun-a-month law that was repealed in 2012, with legislation filed by Del. Jeion Ward and Sen. Mamie Locke, both Democrats from Hampton.

n A proposal to require the reporting of lost and stolen firearms subject to a civil penalty as high as $250, filed by Del. Jeff Bourne and Sen. Jennifer McClellan, both Democrats from Richmond.

n Legislation that would subject anyone who “recklessly” leaves a loaded, unsecured firearm near anyone under 18 to a Class 6 felony. Howell and Del. Cliff Hayes, D-Chesapeake, will carry that legislation.

n Del. Cia Price, D-Newport News, and Sen. John Edwards, D-Roanoke, will sponsor legislation to allow local governments to regulate firearms in their jurisdictions. It also would repeal a law that bans localities from suing gun manufacturers and dealers.

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