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1995 SESSION

LD0242356
HOUSE JOINT RESOLUTION NO. 647
Offered January 23, 1995
Requesting the creation of a joint subcommittee to study the use of magnetically encoded driver’s licenses for firearm purchase background checks.
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Patron--Miller
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Referred to Committee on Rules
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WHEREAS, in 1989, Virginia enacted a statute requiring a criminal history record information check for the transfer of firearms by gun dealers in the Commonwealth; and

WHEREAS, although this system has worked well in preventing felons and persons adjudicated mentally incompetent from obtaining firearms, the potential exists, regardless of legal prohibitions, that firearm purchase transaction logs could be abused; and

WHEREAS, the current system for criminal records checks in Virginia singles out innocent gun purchasers who are required to pay a fee and could potentially be recorded and identified as having bought a gun; and

WHEREAS, an alternative system exists under which the Department of Motor Vehicles could encode hidden information within a magnetic strip on the driver’s licenses of felons and those adjudicated mentally incompetent; and

WHEREAS, gunshop owners and law-enforcement officers would be provided with a device to decode the driver’s licenses of prospective gun purchasers and persons stopped by such officers, allowing an instantaneous determination of those persons who are convicted felons or who have been adjudicated as mentally incompetent; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That a 10-member joint subcommittee be established to study the feasibility of establishing such a technology in the Commonwealth to provide instantaneous criminal history record information to law-enforcement officers and gun dealers. The membership of this study shall be appointed as follows: five members of the Militia and Police Committee to be appointed by the Speaker of the House of Delegates; three members of the Senate Committee for Courts of Justice to be appointed by the Senate Committee on Privileges and Elections; one representative from the Department of State Police and one representative from the Department of Motor Vehicles, both to be appointed by the Governor.

The direct costs of the study shall not exceed $4,200.

The Division of Legislative Services shall provide staff support for the study. Technical assistance shall be provided by all agencies of the Commonwealth, upon request.

The joint subcommittee shall complete its work in time to submit its findings and recommendations to the Governor and the 1996 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for processing legislative documents.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may withhold expenditures or delay the period for the conduct of the study.