Good News on Virginia Reciprocity

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Todd Woodard

We reported last month that effective Feb. 1, 2016, Virginia would sever concealed handgun permit (CHP) reciprocity ties with 25 of 30 states, likely affecting many Gun Tests readers. Good news: The cancellation of reciprocity was moved back a month to March 1, about the time this issue arrives in your mailbox. Also, 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, said there was a package deal in the works between Governor Terry McAuliffe and the Republicans in the General Assembly dealing with 1) concealed handgun permit (CHP) reciprocity, 2) voluntary background checks at gun shows, and 3) those subject to a permanent domestic violence protection order.

A VCDL release said those three components would be represented by matching bills in the state’s House and the Senate bodies. Under the reciprocity section, Virginia will now honor carry permits from all states. “This is considerably better than current law and something VCDL has been trying to get for at least seven years now,” the group said in a release.

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 how reciprocity is handled. If another state requires a formal agreement to honor Virginia CHPs, the new law requires the attorney general to enter into any such agreement.

The VCDL also told its members not to worry about the gun-show background checks. They said, “Background checks for a private sale [at a gun show] are completely voluntary.” 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.

On the third point, 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.”

We’ll notify you if the deal hits major snags, but otherwise, this looks like a pretty good resolution to what could have been a calamity.

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