Virginia Democrats poised to ban assault weapon sales

RICHMOND, Va. (CN) — Democrats in the Virginia House of Delegates celebrated the advancement of legislation Thursday aimed at reducing the impact of gun violence. 

"This is step one, but we're just making sure that we're delivering on the promise that we told our constituents that we were going to do," Delegate Nadarius Clark said. "We are keeping communities safe from gun violence."

Democrats passed legislation that would prohibit the sale and purchase of high-capacity semiautomatic weapons, create a state cause of action against firearm industry members, ban firearms inside hospitals and on college campuses and expand punishments for the selling of ghost guns.

Republicans argue Democrats pulled a bait-and-switch after growing their majority in the House of Delegates and putting Democrat Abigail Spanberger in the governor's mansion last fall by campaigning on making life more affordable. 

"They talk about affordability, but they are focused on social issues and their legislative excesses, not success," Republican Senator Mark Obenshain said. "They talk about affordability, but immediately we get down here, and they're talking about gun control."

Republicans also argue that the gun control measures, which Republican Governor Glenn Youngkin vetoed in previous sessions, will cost the state significant money through court challenges. Republicans point to New York State Rifle & Pistol Ass'n v. Bruen, where the Supreme Court ruled contemporary gun regulations must have a historical analog to pass Constitutional muster. 

"I have no doubt this legislation will be challenged," Republican Delegate Jay Leftwich said on the House floor. "It will cost the taxpayers of Virginia millions of dollars."

The Supreme Court recently declined to hear a challenge to Maryland's decade-old assault weapons ban.

Delegate Dan Helmer, a former U.S. Army captain, introduced the bill that would create a misdemeanor charge for those who import, sell, manufacture or transfer the weapons. Virginia would be the 11th state to pass an assault weapon ban.

"Weapons similar to those I carried in Iraq and Afghanistan have no place in our communities," Helmer said. 

Andrew Goddard, the legislative director at Virginia Center for Public Safety, said assault rifles are offensive rather than defensive weapons. 

"An AR-15 bullet blasts a huge cavity into your body and sends a supersonic pressure wave through your flesh, which can liquefy things. It can liquefy tissue, it can liquefy organs," Goddard, whose son was among the injured during the 2007 mass shooting at Virginia Tech, said. "When a child is shot with an AR-15, it blows them to pieces. It blows off limbs. It's atrocious." 

Opponents argue the bill goes beyond its purported scope of banning weapons like AR-15s and M16s by prohibiting magazines that can hold more than 10 bullets. 

Helmer also introduced legislation creating standards of responsible conduct for members of the firearm industry and requiring them to establish and implement reasonable controls over the manufacture, sale, distribution, use and marketing of their firearm-related products. The bill creates a civil cause of action for the attorney general or local attorneys to enforce the bill or for victims who have been injured as a result of a firearm industry member's violation.

Tanya Schardt, senior director of state and federal policy for Brady United, said increased accountability for industry members is past due. Schardt said the Protection of Lawful Commerce and Arms Act has insulated the industry from litigation. 

"The risk of liability is often what forces industries to act responsibly, to make their products more responsible, to make sure that their downstream systems are responsible," Schardt said. "The fact that they're actually insulated from this is so dangerous, and this is a really important policy to make sure that the industry can be held to account when they do act irresponsibly, and hopefully actually incentivizes them to act more responsibly."

Opponents claim the bill will lead to industry members leaving the state. 

Schardt and Goddard said the bill doesn't affect those who already follow the law.

"Why would you put more restrictions and more inspections on a toy manufacturer who manufactures toy guns than you put on the industry that manufactures and sells real guns?" Goddard asked. "They should realize they're making a very dangerous product." 

Delegate Marcus Simon introduced a bill that creates a class 5 felony for anyone who sells or purchases firearms assembled from parts that lack serial numbers, called ghost guns. Other measures that passed include legislation creating a civil penalty for leaving firearms unattended in vehicles and for failing to store firearms in locked boxes in homes with minors. 

The state Senate has its own versions of the bills, which have yet to pass through the chamber. 

"21st century problems need 21st century solutions," Goddard said. "We don't need to be incapacitated by 1776 thinking, right?"