As gun bills fail, Virginia legislators look ahead to 2019

RICHMOND — Three months before the start of Virginia’s 2018 legislative session, a gunman killed 58 people at a concert in Las Vegas. Midway through the session, 17 people died in a mass shooting at a high school in Florida. But by the time the session ended on Saturday, the Virginia General Assembly had passed just one bill on the subject.

Virginia lawmakers introduced more than 70 gun-related bills this session. But with Republicans and Democrats sharply divided on the issue, the General Assembly approved only a measure to restrict the firearm rights of people who had mental health problems as teenagers.

In comparison, Florida’s legislature fast-tracked a GOP-backed bill that raises the firearm purchase age to 21, bans bump stocks and requires a three-day waiting period for most gun purchases. The National Rifle Association — headquartered in Virginia, a state with its own historical mass shooting — has since filed a lawsuit arguing that raising the purchase age is unconstitutional.

During Virginia’s legislative session, the vitriol flew: Del. Mark Levine, D-Alexandria, sent his constituents an email with the headline, “How the GOP Makes it Easy to Commit Mass Murder.” Levine blasted Republicans for supporting assault weapons similar to guns “created by Nazi Germany.” In response, Del. Nicholas Freitas, R-Culpeper, delivered a floor speech that went viral, saying Democrats were intent on “gutting the Second Amendment.”

“We’re talking past each other,” Levine said.

Levine sponsored a bill to ban bump stocks, the device Stephen Paddock used on his rifles to fire so rapidly in the Oct. 1 shooting in Las Vegas. The bill failed despite testimony from Henrico County resident Cortney Carroll, who survived the massacre.

“It was such a minor bill that could make a huge impact on saving lives in mass shootings like Vegas,” said Carroll, a Republican. “Bump stocks are not needed to hunt with or for self-defense, so why are we going to continue to make it so easy for people to get them?”

The gun bill that passed was sponsored by Sen. Creigh Deeds, D-Bath County. It would treat minors 14 or older similarly to adults in regard to purchasing firearms after receiving mental health treatment. Deeds is no stranger to gun-related violence and actively advocates for initiatives to improve mental health. In 2013, his son stabbed him before committing suicide with a firearm.

For this bill, Deeds said he was inspired by a call from one of his constituents whose son once had a temporary detention order yet purchased a gun to commit suicide at 18.

State law prohibits minors as well as adults who have been committed or detained for mental health treatment from purchasing a firearm. Such adults would not be able to purchase until certified mentally competent, while currently a juvenile who had been previously detained could buy a gun when of legal age.

Opposing initiatives

Three days before the session ended, House Speaker Kirk Cox appointed a select committee of 11 Republicans and 10 Democrats to focus on school safety. While the committee will work in a bipartisan fashion to address school safety, some feel the committee isn’t enough because it will not discuss gun violence. Instead, it will address “emergency preparedness,” “security infrastructure,” and the possibilities of “additional security personnel.”

Though Minority Leader David Toscano feels it’s a good step in school safety, he said it falls short of addressing the larger issue: gun violence.

Therefore, Toscano launched a Democratic initiative to address gun violence specifically. The group will tour the state and hold town hall meetings to discuss the subject and solicit proposed solutions.

“I think we need to pay much more attention to this issue,” Toscano said. “I’m hopeful that with time, we will be able to pass some good legislation for gun safety.”

Del. Chris Hurst, D-Blacksburg, has personal ties to tragedy. While working as a TV journalist, his girlfriend and coworker were shot during work in 2015. One of his bills this session dealt with workplace violence.

The freshman delegate said the conversation about guns is not ending just because the session came to a close. Hurst said his party will continue to listen and investigate what causes gun violence while seeking solutions.

Parties still divided

Hurst said he is not surprised that just one firearm-related bill survived the legislative session. He said he believes his Republican counterparts oppose gun reform in part due to campaign donation influences like the NRA.

Meanwhile, Freitas, who is vying for the Republican nomination to challenge Democrat Tim Kaine for his U.S. Senate seat, bristles at that insinuation.

“Take a look at how much money the NRA spends and how much Planned Parenthood spends,” he told Democrats in his floor speech on March 2. “When I get up there and I talk about abortion, I don’t assume that you’re all bought and paid for by Planned Parenthood. I don’t assume you’re horrible people because I disagree with you on a policy position; I assume you have deep convictions that we can have an argument and debate about.”

Freitas said he thinks that the two political parties can agree on some policies and that legislators can make more progress toward safer communities. He said the debate is a fair one, but he is not without his reservations.

“I think what’s missing in this one [debate] is that it’s not simply a philosophical debate; it’s also a practical debate,” Freitas said. “We [Republicans] don’t see gun control policies achieving the kind of results that maybe some of our colleagues assume that they will.”

With the committee on school safety and Toscano’s initiative, state legislators are setting sights on more strides in the next session. While almost all gun reform bills failed this year, Toscano is pleased with some of the progress he has seen because some pro-gun bills failed as well.

“That’s basically because we have 49 Democrats standing up to those issues,” Toscano said.

There may be a Republican majority, but the 2017 general election saw the House of Delegates become closer to even in its composition of party members.

As for future elections, Toscano says he doesn’t think “the blue wave has crested yet.”

Copyright © 2018, The Virginia Gazette
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