Saturday, February 22, 2020

Weekly Column: Assault Weapons Ban – Getting It Right

The following is my column that will appear in the Mt. Vernon Gazette, Springfield Connection, The Prince William Times, The Fort Hunt Herald, and Potomac Local in the week of February 23, 2020.
Assault Weapons Ban – Getting It Right

Last week the Senate Judiciary Committee considered a House of Delegates’ bill to regulate assault rifles and other firearm attachments.  I have always supported stronger regulation of assault rifles. 

I lived through the 2002 D.C. sniper attacks while crouching in my car getting gas to avoid being shot.  In 2016, three police officers including one of my constituents were shot with an AR-15.  Officer Ashley Guindon was killed on her first day on the job.  I do not support civilian ownership of weapons of war that are unnecessary for hunting or self-protection.

Experts estimate that there are five to ten million assault weapons in the U.S., including at least 100,000 in Virginia.  The proposed House bill felonized the sale or transfer of assault weapons, certain magazines and silencers, and had no buyback program for assault rifles.  It felonized the possession of certain magazines and silencers after two years.  We repeatedly advised the House that the votes did not exist in the Senate, but the House chose to send the bill over by a one vote margin with three House Democrats voting “no” and one not voting.  

In our chamber, multiple Senators were concerned that the House bill did not “grandfather” guns owned by existing owners, specific legal disposal rules, and questioned the absence of an explicit, funded gun buyback program which could turn a ban into a constitutional taking requiring government compensation.  They also pointed out that many of the assault weapon features described in the ban bill are also on other types of weapons, therefore likely creating confusion for law enforcement officers and civilians and making it unclear exactly which guns were banned.  They were clear they would not support passage this session.  The bill was also not endorsed or a priority for Mom's Demand Action, Giffords: Courage to Fight Gun Violence, or Everytown for Gun Safety.

I joined three Democratic Senators on the Judiciary Committee to continue the bill to the 2021 session and refer it to the Crime Commission so experts can refine and clarify the bill. That will also give us time to hold fuller public hearings over the summer or fall.  We expect the Crime Commission to fully analyze and clarify the bill to carry out our intent. I am wholly committed to seeing this through and we did not “kill the assault weapons bill.”

We have made significant progress on firearm violence prevention.  We have passed (1) universal background checks, (2) reinstating Virginia’s “one-gun-a-month” purchase limit, (3) emergency risk protection or “red flag” orders, (4) authorizing local governments to regulate guns in public buildings, parks and events, (5) allowing firearm forfeiture during protective order proceedings, (6) banned bump stocks, and (7) increased penalties for child access.  Legislation to broaden the crimes that surrender firearms rights to misdemeanor stalking and sexual battery is pending along with my voluntary Do Not Sell List legislation.  Passage of these bills is unprecedented and historic.  

Many Other Bills Advance

With three weeks left, we have two dozen major bills on education, transportation, energy, environment, labor, criminal justice reform, equity and a $110 billion budget to consider.

The legislature has sent at least 15 of my bills to Governor Ralph Northam, including my legislation prohibiting holding a phone while driving and a bill banning “conversion therapy.”  My legislation to tighten up Virginia’s loose predatory lending laws awaits the Governor’s signature and predatory lending establishments, like those dotting the U.S. 1 Corridor, must stop charging 120-400 percent interest rates on six-month loans and will likely pack up and leave. 
Both the House and Senate budgets included my initiative to conduct a study to extend the Blue Line Metro to Prince William County.    
The Senate also approved over $1.2 billion in new funding for K-12, a three percent pay raise for teachers, 200 new school counselors, $81 million for subsidized preschool and $96 million for free community college for some disadvantaged students.  We voted to create Medicaid-funded adult dental coverage, a five percent pay increase for home health care workers and increased mental health care funding.  We proposed the largest contribution ever to the Water Quality Improvement Fund.   A joint House-Senate committee will now resolve the differences in the two budget bills. 
This is an historic session.  I hope you will  email your comments to me at scott@scottsurovell.org.

29 comments:

  1. You are lying.

    In the past, I've given you the benefit of the doubt. You now KNOW and continue to press these untruths.

    HB961 did not address "assault rifles".

    It addressed the AR-15 - not an assault weapon.

    It addressed handguns with magazine capacities above 10 rounds - not assault rifles.

    It addressed suppressors (they are NOT "silencers") - not assault weapons.

    It did NOT. ONE. THING. to address violence.

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    1. The AR-15 is indeed an assault weapon, by any lucid person's definition. HB961 would indeed have addressed violence, by making it more difficult for aspirant shooters to kill people quickly. There is a reason the perpetrators of the Sandy Hook, Parkland, Aurora, and Las Vegas shootings all used AR-15s. They are good at killing people quickly. Had Sen. Surovell supported this bill, he would have made it more difficult for shooters to commit mass-casualty attacks. The bill also addressed pistols with magazine capacities in excess of 12 rounds (not 10). The perpetrator of the Virginia Tech shooting used a pistol with several high-capacity magazines, again demonstrating that this bill--if it had passed--would indeed have helped mitigate the risk of mass shootings.

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    2. Stop the nonsense. https://www.youtube.com/watch?v=8YmF2ULnlhA

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    3. Clark, then I guess you want to ban trucks.

      https://g.co/kgs/12gatz

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    4. The VA Tech shooter used 10 round magazines. Would you ban those? He wore shoes also, allowing him to more efficiently move between rooms. We need to ban those too? This kind of argument is stupid, honestly. Look at causation, in his case unreported mental illness, instead of a broad brush approach treating gun owners as either inherently violent individuals or, alternatively, subject to some kind of evil talismanic power simply for touching a firearm you don't like. It's really about an inherent bigotry against gun owers, as statistically, for example, since I have, say, 5 "assault weapons" as you define them, not including pistols with ability to hold standard capacity magazines, I should be some kind of rampant killer. Shockingly, I'm not. Statistically, if the issue were the firearms, you'd see an increase in shootings as a result, tracking the increase in those particular firearms. There isn't any. The vast majority of "gun violence" (disingenuously confusing causes to increase numbers) are suicides. Do you really want to argue that suicides lead one to ban magazine capacity of over 12?

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  2. The test for appropriateness of a gun bill is whether it will deter criminals from taking some illegal action. All the bills make it more difficult for law abiding citizens to assert their 2nd Amendment rights, without detering criminals from doing whatever they want to do. As such they all fail the test.

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  3. I am trying to understand how taking firearms away from people who purchased them legally and have never committed not only a firearms crime but any crime at all. This is Virginia, not New York or New Jersey whose politicians now own the General Assembly. We have the 4th safest state in the nation. Go move to Chicago, Baltimore, or Detroit with all the other Democrats and pass some really tough gun laws there. These places are under 100% Democratic control and it shows. Leave the 4th safest state in the nation alone.

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  4. This comment has been removed by the author.

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  5. This bill would have made Virginians safer. It is shameful that Sen. Surovell--who explicitly committed to supporting an assault weapons ban on his campaign site--voted against it. As you yourself note, the bill felonized the sale or transfer of assault weapons--not their (grandfathered) ownership. So it would appear that "multiple Senators'" concern over grandfathering guns' possession by existing owners was spurious.

    You decry the lack of a buyback program. My heart bleeds for assault weapon owners whose resale value would have been impacted by HB961.

    I read the bill. It was a good one. It would have made mass shootings harder to commit. "Getting it right" here really means limiting your political risk. I think you're trying to have it both ways--keeping your Democratic constituents while cravenly dodging backlash from 2A cranks.

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    Replies
    1. Stop the nonsense. https://www.youtube.com/watch?v=8YmF2ULnlhA

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    2. My ass it would have made Virginians safer. There are 3.82 million gun owners in the state of Virginia. There are 200,000 LEO. They can't be everywhere. You do the numbers, LEO to the public, 1:300, whereas us? The GOD FEARING, WELL TRAINED, LAW ABIDING, TAX PAYING, FREEDOM LOVING SONS OF VIRGINIA, THE DAUGHTERS OF VIRGINIA, THE PEOPLE OF VIRGINIA, are 1:1.28 gun to resident. Meaning, we are a more potent force to public safety than law enforcement is.

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    3. Clark,

      Did you miss the point that the bill as written was at serious risk of being a constitutional violation of the takings amendment? The lack of the buyback program created the constitutional concern. And you are also missing the point that the magazines in the bill WERE NOT grandfathered. People in possession would have been felons for holding onto their previously-legal property without any compensation for disposal. That would never be upheld by SCOTUS under the Fifth Amendment.

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    4. I'm not sure a lack of a buyback program for the weapons themselves creates an issue, since ownership was not banned. I did note that the high-capacity magazines were not grandfathered. Magazines just aren't that expensive. I'd argue that making what amounts to a plastic or metal box illegal would effectively be a de minimus "taking" outside the meaning of the 5th amendment. Granted, you could certainly argue the other way--but I wouldn't be so sure SCOTUS would strike this down.

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  6. You don't even know the difference between a MilSpec rifle and the civilian sister gun that is semi-automatic. Do you even know the weapons restricted via the NFA and GCA? I think not. The poster boys for gun idiocy, Mark Levine, Dan Helmer, Richard Saslaw and any so-called politician (trust me, those DemoKKKRats from Richmond and surrounding counties are dumb as paint, if intelligence was a class you took while in the womb, they, sadly...failed miserably.) are as sharp as a bowling ball when it comes to federal gun laws, the 2nd amendment and article 1, section 13 included.

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  7. But, the amazing DemoKKKRats who don't care about the children of Virginians and those who come into Virginia to attend such a respected school such as Virginia Tech, built the killing zone, thinking that....NOT HAVING CAMPUS CARRY and having men and woman with no tactical training to be able to run into the line of fire (campus security), and engage and destroy a bad guy with evil in their heart. VT didn't have a plan in place for an active shooter. YET! Had there been campus carry, the loss of life would have been far greater if not only the faculty, but the students, had the ways and means to protect themselves. Stopping the shooter as quickly as Jack Wilson did in Texas. Why? Because a good guy with a gun, who has spent the time at the range to become one with their tool, would be able to draw and engage, go home and tell the people watching TV, "Meet the Hero of the Virginia Tech shooter."

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  8. But what did we hear? About the dead, the shooter included.
    You give me 1 reason I don't need my AR, I'll give you 100 reason you ain't gonna take it. Because I don't have to explain to you why I need it. It is my RIGHT to own it, it is my RIGHT to live my life in happiness, not in fear, it is my RIGHT to life given to me by the Lord God Almighty himself. Not some man or woman sitting in a building surrounded by men with firearms.

    You want to keep this debate up? About damning me? That's okay you keep it up. Because the next time a kid or child or man or woman dies at the end of evil, no matter what is used, from a letter opener to a tire iron and all and any other tools that can be used in the commission of a crime, that blood, is on you fuckin hands because you didn't go after the criminal. You want to disarm the Sheep Dogs. We're not going to allow that.

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  9. All tyrants fall at the hands of the people. From the dawn of time until the modern day. Remember that.

    It may not happen during my lifetime, but know this, Virginians are getting tired of you, the government, prodding that bear. Because what happens if you prod that bear enough when it is hibernating? That's right, he or she is going to wake up and rip your goddamned head off.

    If or when the time comes to act....we, The Sons of Virginia pray you will Minuteman up with us and take your state back and remove the despots currently sitting. This is not a call to violence, this is not an call to action, this is an inevitability. We beat the tyrants back across the Big Pond not once, but twice, the war for independence and the war of 1812.

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  10. Virginia DemoKKKRats, we are watching you, we are documenting your tomfuckery, we are forming the lines of resistance. We are looking at the districts that need's new blood in Richmond. All of you "career politicians", remember, you're elected. You can be voted out. Hope you have a plan B DemoKKKRats and Helmer and Levine, do Virginia a favor. Take your Carpet Bagger Assed Bum of a person back to where you came from and fuck up your home state, you types of outsiders aren't welcome in the Old Dominion.

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  11. Your bill is going to do jack shit for any type of gun crime to stop from happening. Because bad guys do not pay attention to your law. They only want to kill the innocent and that is why we, the well-trained shooters of Virginia vow, that we will lay our lives on the line to make they (the sheep), go home. And we will fight the evil in this state with the same firepower, if not greater firepower with surgical precision.

    You say this happened here, this happened there, etc...None of it happened...IN VIRGINIA! During the Pistol Ban aka the One Pistol a Month law, the Virginia Tech Shooter bought his 9mm one month, the .22 the next month, then PRACTICED with his weapons, some would call this premeditation, he lost his shit and went on a rampage.

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  12. By the way, here is the channel that tells the truth.
    Listen and learn.

    #2A #guncontrol #Virginia
    House Bill 961, HB 961, VA House of Delegates | Passed To Third Reading| Reaction: Soap Box Time!
    https://www.youtube.com/watch?v=ZwTAHrHddC0

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  13. Well done, Scott. I've known you for years. While we do not agree on many social or domestic issues, I applaud you, Chap and others for your sober decision-making on this one.

    As long as the definition of what would be taken by the Government without just compensation is vague, there will be serious constitutional issues with it. Add to the fact that technology ALWAYS moves faster than legislation -- what we may all agree is a military-type weapon today can likely change overnight.

    I accept that elections matter and that changes occur as a result. The bills passed on this and other issues prove that. But I take comfort that you and others are trying to represent ALL Virginians. Many thanks, brother.

    Andre

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  14. Senator Surovell, It isn't right that state workers will be able to unionize while private workers are forced to work under anti-labor right to work. You all had the opportunity to change this but you punted! You caved to the scare tactics of the business lobby who only wish to keep wages artificially low and treat workers in any way they see fit. I also believe it to be a terrible idea to demolish the Virginia War Memorials and Monuments. These are not only a true part of Virginia's history but of our country's history as well. Virginia is perhaps the most historic state of all and our history is worthy of preserving and sharing. To do otherwise is to deny that Virginia like any other state has a history with its own unique imperfections that tell the true story of America. History is as it is, not what we wish for it to be. As for the gun laws, I am not a libertarian purist. I just believe more needs to be done to tackle real crime as opposed to placing more burdens on those who don't do crime. As for taxation, regulation, banks, the economy and jobs. I again am no libertarian purist who thinks labor is purely something to be exploited and mistreated just to get a larger return for wealthy investors. Thanks for taking my comments! Have a good day!

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