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2008 SESSION

085968456
HOUSE JOINT RESOLUTION NO. 154
Offered January 9, 2008
Prefiled January 9, 2008
Establishing a joint subcommittee to study laws and policies relating to the purchase, possession, and transport of firearms in the Commonwealth. Report.
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Patron-- Caputo
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Referred to Committee on Rules
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WHEREAS, the Code of Virginia contains numerous provisions relating to the purchase, possession, and transport of firearms in the Commonwealth; and

WHEREAS, numerous bills are introduced each year by the General Assembly relating to the purchase, possession, and transport of firearms in the Commonwealth; and

WHEREAS, the bills that are introduced generally relate to the purchase, possession, and transport of firearms in limited situations, addressing a particular incident or issue; and

WHEREAS, this approach to crafting policy concerning the purchase, possession, and transport of firearms can often lead to inconsistencies, incongruities, and a patchwork of firearms-related legislation; and

WHEREAS, a review of existing laws regarding the purchase, possession, and transport of firearms in the Commonwealth, along with the development of recommendations for consistent and encompassing legislation regarding the purchase, possession, and transport of firearms, would help to create a seamless body of law for the Commonwealth on a complex topic; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That a joint subcommittee be established to study laws and policies relating to the purchase, possession, and transport of firearms in the Commonwealth. The joint subcommittee shall have a total membership of 10 members that shall be appointed as follows: six members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; and four members of the Senate to be appointed by the Senate Committee on Rules. The joint subcommittee shall elect a chairman and vice chairman from among its membership.

In conducting its study, the joint subcommittee shall review the existing body of law concerning the purchase, possession, and transport of firearms in the Commonwealth to identify potential problems, inconsistencies, or gaps in the law. The joint subcommittee shall develop recommendations aimed at creating a cohesive, logical body of law regarding possession of firearms, the ability of state and local governments to regulate possession of firearms, concealed handgun permits, and any other topic identified by the joint subcommittee relating to firearms in the Commonwealth.

Administrative staff support shall be provided by the Office of the Clerk of the House of Delegates. Legal, research, policy analysis, and other services as requested by the joint subcommittee shall be provided by the Division of Legislative Services. All agencies of the Commonwealth shall provide assistance to the joint subcommittee for this study, upon request.

The joint subcommittee shall be limited to four meetings for the 2008 interim, and the direct costs of this study shall not exceed $10,000 without approval as set out in this resolution. Approval for unbudgeted nonmember-related expenses shall require the written authorization of the chairman of the joint subcommittee and the respective Clerk. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required.

No recommendation of the joint subcommittee shall be adopted if a majority of the House members or a majority of the Senate members appointed to the joint subcommittee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the joint subcommittee.

The joint subcommittee shall complete its meetings by November 30, 2008, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the 2009 Regular Session of the General Assembly. The executive summary shall state whether the joint subcommittee intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summary and the report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may approve or disapprove expenditures for this study, extend or delay the period for the conduct of the study, or authorize additional meetings during the 2008 interim.