Weekly Column: U.S. Supreme Court Puts Virginian's Safety at Risk

The following is my column that will appear in this week's Mt. Vernon Gazette in the week of July 4, 2022.   

U.S. Supreme Court Puts Virginian's Safety at Risk

The U.S. Supreme Court on June 23 issued a disturbing decision on guns, the New York State Rifle & Pistol Assn. v. Bruen case, which clarified the scope of firearms rules declared by the Supreme Court in a previous case, D.C. v. Heller, decided in 2008. This is yet another disappointing decision from that court, like the one I wrote about last week,  the Dobbs case, which would severely limit women’s reproductive rights.

                Before 2008, American courts interpreted the Second Amendment as authorizing states the freedom to regulate their militias – today’s National Guard.  In Heller, the Court invalidated the District of Columbia’s handgun ban and requirement that rifles in the home be stored with trigger locks and unassembled.  This was the first time the Court found such a right existed. 

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.  

Weekly Column: Fracking Ban, No Excuse Voting, and Pedestrian Safety Bills Move Forward

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 January 17, 2020.

               First, Monday brought a large firearms rights protest to Capitol Square.  Over 20,000 Virginians protested on and off Capitol Grounds.  Several arrests were made before the protest due to anarchists discussing shooting during the protests.  Most counter protestors stayed away to avoid creating conflict. 

               I met with about 30 firearms rights supporters including a handful of my constituents in my office.  We discussed several bills including our “red flag” bill which was the largest focus.  While we agreed to disagree about many matters, we had a very civil discussion and I appreciated their input.

Weekly Column: Virginia Legislature Moved Quickly on Equal Rights and Gun Violence Prevention

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 January 17, 2020.

Virginia Legislature Moved Quickly on Equal Rights and Gun Violence Prevention

The second week of the General Assembly Session put us at the center of American history.  We moved several long-delayed, legislative priorities.

               On Wednesday, both the Senate and the House passed resolutions to ratify the Equal Rights Amendment to make Virginia the 38^th and final state to ratify the Constitutional amendment.  The Senate has passed the resolution at least six times in past years, but the House of Delegates has never approved it.  Ratification will hopefully bring equal rights to 160 million women in America and attention will now shift to the U. S. Congress. Congress can abolish or extend the 1982 ratification deadline they previously set.  I was proud to carry this legislation every year since 2012 and even during years when few people were paying attention.  Virginia is finally on the right side of history for the first time in about 150 years. 

          On Monday, the Senate Judiciary Committee, on which I serve, had its first meeting and we immediately addressed firearm violence prevention.  We considered, modified and passed four bills, three of which the full Senate passed later in the week and one of which was continued for final vote this Tuesday. 

Weekly Column: Assault Weapons and Farmer's Markets Don't Mix

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 September 8, 2019.

Every Saturday morning, my father and 12 year-old son go to the Alexandria Farmer’s Market.  My son gets cookies.  My dad gets ham biscuits.  Two weeks ago, they brought me some homemade salsa.  This weekend, they got something else.

Four men in a group called “The Right to Bear Arms” showed up at the Alexandria City Farmer’s Market carrying AR-15 assault rifles outfitted with scopes and bipods for sniping.  According to a video one of the group members, they staged this action to “educate people” about gun rights and “exercising our constitutional rights without fear to do so.”  The video is also filled with the usual references to freedom and the government taking away rights if you do not use them.  He also indicated they intended to do these kind of “monthly walks.”

Weekly Column: Working to Stop Gun Violence

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 July 8, 2019.

Working to Stop Gun Violence 

Virginia Governor Ralph Northam has called the state legislature to Richmond this week for a special session to focus on measures to reduce firearm violence in the state.  Addressing this problem is long overdue. 

Last year, guns killed more people than car accidents in Virginia.  The majority of those deaths were people committing suicide.  

Just last week, three people were shot in the Fairfax County portion of the 36^th District in Gum Springs and Rose Hill.  The week before that, two people were found shot to death in the woods off Featherstone Road in Woodbridge.

Weekly Column: State Regulation Thwarted, Time for Local Action

The following is my column that will appear in the Mt. Vernon Gazette, Springfield Connection, The Prince William Times, and the Potomac and Stafford Locals in the week of April 2, 2018.

State Regulation Thwarted, Time for Local Action

The March for Life put a spotlight on the country’s and Virginia’s permissive firearms regulation culture.  The young people’s outburst of civic activism and the new efforts of others who have not been very politically active is inspiring. 

Historically, I have proudly supported reasonable, bipartisan measures to allow Sunday hunting, reduce fees and cut paperwork for concealed carry gun holders.  Unfortunately, sensible measures to prevent firearm violence have been at a stalemate in Virginia.  Until there is broader political change in Virginia, we must take some steps at the local level.

Currently, Virginia law allows local governments to ban loaded shotguns and rifles, including semi-automatic rifles like AR-15’s, on public highways.  Nineteen localities, including Alexandria and Loudoun and Fauquier Counties, have adopted this approach.  I can think of no reason anyone needs to carry a loaded AR-15 or a shotgun a Northern Virginia highway.

Weekly Column: People Support Firearm Limits. Elected Officials Should Too.

The following is my column that will appear in the Mt. Vernon Gazette, Springfield Connection, The Mt. Vernon Voice, and the Potomac and Stafford Locals in the week of October 7, 2017.

People Support Firearm Limits. Elected Officials Should Too

Stephen Paddock’s Las Vegas assault rifle killing spree has again highlighted the dangers of Virginia's and America’s much-too-lax firearms environment.  Virginians know the dangers of high-powered weapons having experienced snipers Malvo and Muhammad and the Virginia Tech massacre.  Some of us have been steadily, but unsuccessfully, trying to pass reasonable firearms violence prevention laws in Virginia for years.

For example, after Jared Loughner’s 2011 attack on Congresswoman Gabrielle Giffords, I cosponsored legislation to prohibit the sale of firearm ammunition magazines that hold more than 20 bullets.  The legislature has rejected the bill every year since.

In 2015, a Fairfax attorney told me about a client he defended in a mental commitment proceeding in which his client was found to be a danger to himself or others.  Virginia law prohibits these people from obtaining a concealed weapon permit or possessing a firearm, but the law does not prohibit the possession of ammunition.  I tried to prohibit mentally-incapacitated people from purchasing or possessing ammunition, but the legislature struck it down.  (video at right)

Weekly Column: Voluntary Background Check System is a Failure

In 2016, the General Assembly enacted a legislation requiring the Virginia State Police to staff gun shows and be available to conduct voluntary background checks upon request by private, non-federally licensed gun sellers as part of a broader compromise on concealed weapon permits.  The law has been a total failure.

The legislation required the state to spend $300,000 to hire three new Virginia State Police employees to be present at all gun shows.  What have we got for our $300,000?

In January, The Daily Press reported that as of January 1, 2017, one person was denied a purchase at 41 gun shows after thirty nine checks.

This week, the Richmond Times Dispatch Reported that since that time, only 18 more checks were performed in the next six months ending June 30, 2017.  In other words, in 77 gun shows there were 59 voluntary background checks.  At 45 of 77 shows, no checks at all were requested. As of today, one buyer was denied.

Weekly Column: Week #3: Firearm Compromise, Equal Rights Amendment Passes, & Vulnerable Users to be Studied

The following is my column that will appear in the Mt. Vernon Gazette, The Mt. Vernon Voice and The Potomac-Stafford Local in the week of February 2, 2016.

Week #3: Firearm Compromise, Equal Rights Amendment Passes, & Vulnerable Users to be Studied

The third week of the General Assembly saw a major agreement emerge on firearm violence issues, and action on several of my bills.

Bills Moving Through

Three of my bills passed the full Senate this week.  My resolution ratifying the Equal Rights Amendment (ERA) passed on a bipartisan 21-19 vote.  ERA remains five states short of ratification.  The Senate also passed my bill to give consumers a remedy when consumer finance companies fail to include language protecting consumers in their agreements, and prohibiting local governments from requiring homeowners or condo association approval before granting a permit or license.

As trains, buses, bicycles and walking become more popular, many states have enacted “vulnerable user” laws – making it easier to convict vehicle drivers of a serious traffic offense when collisions occur with vulnerable users who are seriously injured.  My legislation will be studied this summer.

The Top 20: A 2015 Legislative Summary

This is an overview of legislative highlights from the 2015 General Assembly session.  Last week, I discussed the budget and some of my bills. 

Generally speaking, this session was less contentious than the prior five regular sessions in which I have served mainly because the majority caucuses refused to hold hearings on many of the most controversial bills even though many were introduced.  Bills restricting birth control, limiting abortion, redefining fetuses as persons, limiting rights based on sexual orientation, marginalizing our newest residents and allowing guns in airports were denied hearings and votes.    

Here are some highlights.  Governor Terry McAuliffe could amend or veto these bills or parts of them.  He must  act by March 30.  My votes are in parentheses for the bills that I had an opportunity to vote on (Y/N).

#1 – Firearms Expanded
The General Assembly passed legislation to make it easier for convicted stalkers, mentally ill people and convicted felons to obtain concealed weapon permits (CWP’s) for use in Virginia (N);to require local sheriffs to process background checks for machine gun purchases (N), to ban local governments from prohibiting loaded shotguns in vehicles for CWP holders (N), and to prohibit law enforcement of most other states from electronically verifying the validity of Virginia CWP’s (N). 

Legislators rejected my legislation to prohibit people declared mentally incompetent from possessing ammunition (Y);  Governor McAuliffe’s legislation banning people subject to protective orders from possessing firearms; bills to require universal background checks for firearm purchases, restore Virginia’s “one-gun-a-month” law, and legislation suspending CWP’s when holders accumulate child support arrearages.  CWP holders currently owe at least $15 million in back child support.

Weekly Column: Ninja Weapons, Shotguns and State-run Local Schools Struck

The following is my column that will appear in the Mt. Vernon Gazette and The Mt. Vernon Voice in the week of February 24, 2015.

Ninja Weapons, Shotguns and State-run Local Schools Struck

In the fifth week of the General Assembly session, several of my bills moved toward passage and a few controversial bills are being debated. 

Surovell Legislation Moving
First, my legislation to protect Earned Income Tax Credit and Child Tax Credit proceeds, plus child support and spousal support arrearages from creditors, passed the full Senate Courts Committee and should clear the full Senate on Monday as I write this column.  Second, my legislation to simplify the process of continuing lawsuits when parties pass away cleared the Senate last week and was sent to the Governor.

Third, my bill to waive Standards of Learning tests for elementary and secondary students with high scores on Advanced Placement or International Baccalaureate tests was added to another bill to grant greater flexibility to school systems to waive Standards of Learning tests. That legislation will likely pass the Senate as well.

Weekly Column: The First Ten Days: Sunshine, Pregnancy Discrimination and Firearms Safety

The following is my column that will appear in the Mt. Vernon Gazette and The Mt. Vernon Voice in the week of January 26, 2015.

The First Ten Days: Sunshine, Pregnancy Discrimination and Firearms Safety

The first ten days of the General Assembly session are usually slow, but were full of surprises this year. 

First, while on my way to Governor Terry McAuliffe’s State of the Commonwealth Address, I learned that Senator Toddy Puller had announced her retirement. After digesting the shock and speaking to Toddy, I walked into the House of Delegates chamber to hear the governor’s address.  

Most of the first week was focused on organizing committees, passing non-controversial bills developed over the summer and putting the finishing touches on our own bills. 

I introduced several bills that I did not cover in my prior columns. First, I introduced legislation prohibiting a Virginia employer with more than 15 employees from either discriminating against or firing a woman because she is pregnant. This issue, as it is addressed in federal law, is currently pending before the U.S. Supreme Court. However, Maryland adopted similar legislation last year and nothing prohibits Virginia from strengthening its own laws.

Weekly Column: Hybrid Tax Repealed, Senate Shakeup, Improving Electricity Reliability, Guns & Death Penalty

The following is my column that will appear in the Mt. Vernon Gazette, The Mt. Vernon Voice and Patch in the week of January 28, 2014.

Hybrid Tax Repealed, Senate Shakeup, Improving Electricity Reliability, Guns & Death Penalty

The second week of the General Assembly Session saw the end of the Hybrid Tax, sharpening rhetoric on Medicaid, debate on firearms safety and the death penalty, and brought clarity on the composition of the Senate.

First, the House voted to repeal the Hybrid Tax 89-9.  Both Chambers have now approved repeal.  We must pass each other’s bills after crossover and the Governor has indicated that he will sign the legislation.  I am pleased the legislature has listened to the 7,500 people who signed the petition gathered by myself and Senator Ebbin. 

My budget amendment to provide $4 million of funding for the preliminary engineering of U.S. 1 road and transit improvements was given its first hearing.  The Co-Chair of the Mt. Vernon Council of Citizens, Jim Davis, testified in favor and the Mt. Vernon-Lee Chamber of Commerce provided a letter in support.

**UPDATED** The Gun Movement Comes to Fort Hunt

Tomorrow, a group of national gun activists are holding a rally at Fort Hunt Park here in my district. Here's what the Washington Post says is coming:

Almond plans to have his pistol loaded and openly carried, his rifle unloaded and slung to the rear, a bandoleer of magazines containing ammunition draped over his polo-shirted shoulder. The Atlanta area real estate agent organized the rally because he is upset about health-care reform, climate control, bank bailouts, drug laws and what he sees as President Obama's insistence on and the Democratic Congress's capitulation to a "totalitarian socialism" that tramples individual rights.

I've received emails from quite a few constituents about the rally. The calls range from concern, fear, and outright anger with some.

Living in Northern Virginia this close to the Nation's Capitol and so many federal facilities has its benefits. Our economy is more stable which means lower unemployment, stable home values, more predictability, and a high quality of life.

Fort Hunt Park and the George Washington Memorial Parkway are part of the National Park Service, but they are not really national parks in the sense way that most people think of them. Most park users are probably my constituents.

Fort Hunt is a community park - I taught my two oldest daughters how to ride their bikes there because it has a big oval with little traffic. Every morning it's filled with walkers, joggers, and bikers. On weekends, it's full of barbecues. The picture on the right is from the summer concert series. It's about half a mile from my kids' elementary school. Open carried firearms are not allowed in Fairfax County's Parks. Fort Hunt Park is not an appropriate place for a national gun rights' rally.

I'm a strong believer in the First Amendment. Fairfax County and the Commonwealth of Virginia led the way and adopted the Virginia Declaration of Rights before we even adopted the Constitution of Virginia or the United States Constitution.

I also am not significantly concerned that these protestors will do anything inappropriate. In my short experience as an elected official, I have found that most concealed carry permit holders and pro-gun activists tend to be very knowledgeable, responsible, and serious people. They understand that gun ownership privileges are special and are very careful not to do anything to jeopardize their ability or other's ability to carry.

However, there are many ways to express your opinion. From my point of view, writing a letter to the editor, starting a blog, or running a TV ad are much more effective methods of communication than staging a rally with a loaded and/or unloaded weapons in what is really a suburban neighborhood park just because you can do it.

This rally has unnecessarily caused a lot of people a lot of concern in my district and I will be happy once it is over.

***Correction***
It has been pointed out to me that open carry is permitted in Fairfax County Parks. Open carry is prohibited in State Parks, but the General Assembly has not granted any locality the authority to prohibit guns in local parks.