In the days following the election, a pro-gun-rights group compared Virginia Democrats’ impending passage of gun control measures to the Japanese bombing of Pearl Harbor in 1941.
“I fear that all we have done is to awaken a sleeping giant and fill him with a terrible resolve,” Philip Van Cleave*, the president of the Virginia Citizens Defense League, wrote in an email to members quoting a Japanese admiral, Isoroku Yamamoto.
“That’s exactly what shoving gun control down our throats will do, too!” he continued.
Rural Virginia localities have declared their counties “2nd Amendment sanctuaries” while opposing gun legislation they think would infringe their rights to bear arms if Democrats pass it during next year’s General Assembly session as they’ve signaled.
A sense of urgency has washed over Virginia gun rights activists as Gov. Ralph Northam promises to pass “common sense gun safety legislation” with the help of the new Democratic majority in the legislature that was elected on Nov. 5.
“Northam has declared war on Virginia’s gun owners,” Van Cleave wrote to members.
But experts say retribution for lawmakers is unlikely once the laws go into effect, and support for stricter gun control will overpower any opposition from pro-gun-rights groups, as seen in other states that have enacted stricter gun policies in the wake of mass shootings.
“I don’t think there’s anything to be afraid of,” Northam told a group of reporters in Norfolk recently when asked about gun owners’ concerns.
Last year, 26 state legislatures and Washington, D.C., passed 67 new laws aimed at restricting gun access, according to the Giffords Law Center, a gun control organization founded by former U.S. Rep. Gabby Giffords, who survived a shooting in 2011.
An October Washington Post-Schar School poll showed 58% of Virginia adults surveyed supported stricter gun laws in the state, and 91% of registered voters surveyed said gun policy was very important or fairly important to them when they voted Nov. 5.
Northam has proposed several bills that have been killed in previous years by a GOP-held General Assembly. Now, with Democrats in the majority, he’ll likely succeed in passing these eight bills:
Requiring background checks on all gun sales and transactions: The bill would mandate anyone who sells, rents, trades or transfers a firearm must do a background check on the receiver of the gun before the sale or transfer is complete. As it stands, gun shops and federally licensed dealers selling at gun shows must perform such checks, but sales that take between two citizens — at a gun show or elsewhere — are exempt.
Banning “dangerous” weapons and accessories: That includes what gun control advocates call assault weapons, along with high-capacity magazines, bump stocks and silencers, like the one used in the Virginia Beach mass shooting. Northam hasn’t defined what “dangerous” or “assault” weapons he wants to ban.
Limiting handgun sales to one a month: A similar law was on the books from 1993 to 2012. Buying more than one handgun in 30 days would come with up to a 12-month jail sentence and a maximum fine of $2,500. Those wanting to buy more than one in a month would have to apply for it through the State Police and undergo an enhanced background check.
Requiring lost or stolen firearms to be reported to police within 24 hours: The punishment for not reporting, according to Sen. Jennifer McClellan’s bill, would be up to a $250 fine.
Allowing Extreme Risk Protection Orders (“red flag” law): The bill would allow law enforcement and the courts to temporarily take someone’s firearms if they are deemed a threat to themselves or others. Several states have passed varying versions of red flag laws.
Barring people under final protective orders from having guns: Right now, the law only says people who are under final protective orders of family abuse cannot have firearms.
Making it illegal to “recklessly” leave loaded, unsecured firearms around children under 18: The bill would raise the age from 14 to 18 and raise the punishment from a Class 3 misdemeanor, which comes with a $500 maximum fine, to a Class 6 felony, which comes with a punishment of 1-5 years in jail and a maxim $2,500 fine, for adults who “recklessly” allow kids to be around loaded, unsecured guns in such a way that might endanger the child’s life.
Letting localities regulate whether guns are allowed in government buildings: Virginia has a law that says cities and counties can’t make their own rules when it comes to allowing guns in government buildings. One Republican lawmaker filed a bill this year that would allow localities to ban firearms if they had security provisions in place, such as security guards or metal detectors. Del. Cia Price, D-Newport News, filed a bill that says localities may regulate guns.
Robert Spitzer, a political science professor at SUNY Cortland and the author of five books on gun policy, said that since gun violence has been a top concern for voters lately, he thinks lawmakers will be praised for passing these bills.
“That’s not to say that nobody in the Virginia legislature who votes for these measures might not be defeated next time there’s an election, but I think they are on pretty firm political ground,” he said.
While he’s not anticipating retribution, there have been cases where legislators have been ousted following votes on gun legislation. Two Colorado Democrats were voted out of office in 2013 over their support of tougher gun control laws, multiple news outlets reported.
Kristin Goss, a political science professor at Duke University’s Sanford School of Public Policy, said most of the bills Northam proposed fall in line with what she calls the “mainstream gun violence prevention movement.”
“It’s a much safer issue for Democrats to run on,” she said.
That being said, a few of the bills might be controversial.
An assault weapons ban might even make some Democrats queasy, Goss said. Northam didn’t define “assault weapons” when he first pitched the idea of a ban, but said it would include high-capacity magazines, silencers and bump stocks.
Whichever bills are passed, court challenges from pro gun-rights organizers are bound to follow, even if they aren’t successful, Spitzer said.
“Litigation is also a part of this playbook,” he said.
Bill Dixon, an avid hunter and gun owner from Pungo, said reaction from the gun-owning community will be loud.
“There is going to be a big backlash,” he said. “Specifically what that is going to be, I can’t tell you.”
Marie Albiges, 757-247-4962, malbiges@dailypress.com
