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2015 Session

Budget Amendments - HB1400 (Member Request)

Chief Patron: Marshall, Robert
Prohibition on State Enforcement of Federal Laws Regulating Firearm Rights (language only)

Item 4-0.01 #3h

Item 4-0.01 #3h

General Provisions
Operating Policies

Language
Page 519, after line 14, insert:
"e. Notwithstanding any contrary provision of law, no agency of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, and no employee in his official capacity, shall:
1. Knowingly aid any employee or entity of the federal government of the United States in any investigation, prosecution, detention, or arrest, nor participate in any search or seizure, relating any criminal, civil, or administrative restrictions on firearms, firearm magazines, ammunition, or components thereof, based on any federal statute enacted, or regulation issued, after December 31, 2014; or
2. Knowingly aid any employee or entity of the federal government of the United States in the enforcement of any requirement enacted or imposed after December 31, 2014, for any background check related to any intrastate sale, loan, gift, or other transfer of firearms between citizens of the Commonwealth who do not possess any federal firearms license under 18 U.S.C. § 923.
f. The provisions of subsection (e) shall not apply to participation by state or local law enforcement or Virginia National Guard or Virginia Defense Force in joint task forces, partnerships, or other similar cooperative agreements with federal law enforcement as long as such task forces, partnerships, or cooperative agreements are not for the purpose of participating in such investigation, prosecution, detention, or arrest under any federal statute enacted, or federal executive order or regulation issued, after December 31, 2014."


Explanation
(This amendment prevents any agency, political subdivision, or employee of Virginia from assisting the federal government of the United States in any investigation, prosecution, detention, arrest, search, or seizure, under the authority of any federal statute enacted, or federal executive order or regulation issued, after December 31, 2014, infringing on the individual right to keep and bear arms by imposing new restrictions on private ownership or private transfer of firearms, firearm magazines, ammunition, or components thereof.)