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See any problems with this proposed Virginia bill?

Discussion in 'Political Debate & Discussion' started by Deacon, Dec 2, 2019.

  1. Deacon

    Deacon Well-Known Member
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    SENATE BILL NO. 64 [LINK]
    Offered January 8, 2020
    Prefiled November 21, 2019


    A BILL to amend and reenact §18.2-433.2 of the Code of Virginia, relating to paramilitary activities; penalty.
    Patron—Virginia Senator Louise Lucas [LINK]
    Referred to Committee for Courts of Justice​

    Be it enacted by the General Assembly of Virginia:

    1. That §18.2-433.2 of the Code of Virginia is amended and reenacted as follows:
    §18.2-433.2 Paramilitary activity prohibited; penalty.

    A person is guilty of unlawful paramilitary activity, punishable as a Class 5 felony if he:

    1. Teaches or demonstrates to any other person the use, application, or making of any firearm, explosive, or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that such training will be employed for use in, or in furtherance of, a civil disorder;

    2. Assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive, or incendiary device, or technique capable of causing injury or death to persons, intending to employ such training for use in, or in furtherance of, a civil disorder; or

    3. Assembles with one or more persons with the intent of intimidating any person or group of persons by drilling, parading, or marching with any firearm, any explosive or incendiary device, or any components or combination thereof.

    2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
     
  2. Shoostie

    Shoostie Active Member

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    The first amendment, plus a corollary of the second amendment, makes that proposed bill against weapons education and peaceful protest unconstitutional.
     
    • Agree Agree x 1
  3. InTheLight

    InTheLight Well-Known Member
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    Generally speaking it would have rendered the American Revolution a crime.

    Specifically,

    1.1 and 1.2 seems to require a person to be a mind reader and divine the intent of people asking for assistance with firearms to be in the service of civil disorder.

    1.3 would seem to outlaw any military parade.

    Sent from my Nexus 7 using Tapatalk
     
    • Agree Agree x 1
  4. Reformed

    Reformed Well-Known Member
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    I understand the intent of the proposed legislation but also see how it can be used to try and eliminate protest against a tyrannical government. How is intent to cause civil disorder defined or judged?
     
  5. Rob_BW

    Rob_BW Well-Known Member
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    So all civilian training is out, plus most of the popular competition events, from military high power & service rifle, to the more recently popular 3 Gun and IDPA.

    Insane .
     
    • Agree Agree x 1
  6. Adonia

    Adonia Well-Known Member
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    More anti-constitutional balderdash from the Democrats. She's trying to couch her new law by mentioning "furtherance of a civil disorder", a phrase which would give the authorities cart blanche in trying to bring a prosecution and having those charged incur massive legal bills to fight the charges.

    In other news, there are now 22 Second Amendment sanctuary counties in Virginia, which is of course a good thing.
     
  7. OnlyaSinner

    OnlyaSinner Well-Known Member
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    "having reason to know" in 1.1 is a major can of worms, a fuzzy standard that could allow an aggressively anti-gun prosecutor to bankrupt people he/she doesn't like before some higher court correctly dismisses the cases.
     
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