Gun bills, including waiting period and safe storage proposals, head to Gov. Youngkin

RICHMOND — An angry Walmart employee in Chesapeake purchased a gun Nov. 22, 2022. Hours later, six of his co-workers were dead.

Only a few months later, a 6-year-old student in Newport News brought his mother’s firearm to school and shot his teacher.

In December, a 2-year-old girl in Hampton died after she accessed a loaded gun and shot herself.

As a legislator in Hampton Roads, Del. Nadarius Clark said it was devastating to hear those stories — as well as the steady stream of other less publicized deaths and injuries from gun violence and accidents.

“It’s heartbreaking and infuriating at the same time,” Clark, D-Suffolk, said in an interview. “These are people’s sons and daughters, children, nieces and nephews. These families will continue to be impacted for the rest of their lifetimes.”

Clark is among several Democrats this year carrying gun safety legislation in Virginia’s General Assembly, some prompted by tragedies in Hampton Roads.

Several bills have passed both the House and Senate, most only with backing from Democrats. But a few have earned some Republican support. Many of the bills are now poised to head to Republican Gov. Glenn Youngkin as the legislative session winds down this week. The governor hasn’t shown enthusiasm toward the bills — but it’s possible Democrats could use gun safety as a bargaining chip in state budget negotiations.

When asked for comment, Youngkin spokesperson Christian Martinez said Virginia already has tough gun laws.

Democrats enacted several new gun laws, including red flag laws and universal background checks, when they held the statehouse and executive mansion in 2020.

“Governor Youngkin continues to pursue policies to hold criminals that commit crimes with guns accountable by strengthening penalties to effectively keep criminals off the streets,” Martinez wrote in an email.

Several such bills sponsored by Republicans, including Sen. Danny Diggs and Del. Chris Obenshain, to increase penalties have not progressed in the Democrat-held legislature this year.

Here’s an update on some of the gun-related bills that have advanced:

Waiting period, training class

A bill from Del. Cliff Hayes, D-Chesapeake, is intended to prevent impulsive violence or suicide by enacting a five-day waiting period for gun purchases.

During a House subcommittee hearing last month, Hayes said he introduced the bill on behalf of family members of the victims of the Chesapeake Walmart shooting.

“An employee ran out, purchased a firearm and under duress ran into the workplace allegedly and killed several of his co-workers,” he said. “The family members thought it prudent that the commonwealth needed a waiting period.”

Melanie Cornelisse, who supported the legislation, said her son went to school with one of the victims.

“He was 16 years old and he was working in the Walmart that day,” she said. “It has been an enormous tragedy and (left a) hole in our community.”

The National Rifle Association and Virginia Citizens Defense League, both gun rights advocacy groups, testified against the bill.

“This will do severe damage to gun shows,” said Philip Van Cleave, president of the defense league. “You’ll buy the gun at the gun show and now five days, the show is over, so now you’ve got to drive to wherever it is — You’ve got to make two trips and it could be a ways drive to get to the gun dealer.”

The bill passed both chambers with party line votes.

Another bill from Del. Angelia Williams Graves, D-Norfolk, is intended to prevent gun accidents by requiring those purchasing a firearm to first complete a gun safety class. It passed the Senate on a party-line vote. But it now appears to be in a House conference committee, which can be formed to meld similar legislation together, after amendments were rejected.

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Safe storage

A bill from Sen. Jennifer Boysko, D-Fairfax, would require any gun owner in a residence with a minor to store the firearm and ammunition in a locked container or compartment, or in a biometric locking device if the gun is loaded. Those in violation would be guilty of a Class 4 misdemeanor.

During a Senate committee hearing in January, Boysko said she introduced the bill for the first time last year shortly after the Newport News student took his mother’s firearm to school.

“He shot his teacher in the stomach and she is still dealing with the repercussions of that today,” she said.

Boysko said data shows the majority of youth gun suicides and school shootings are committed with firearms that minors obtain from their homes.

Van Cleave spoke against the measure and said it was a matter of parental rights.

“Some parents are very good about educating their children about gun safety,” he said. “They teach them at a young age how to safely handle a gun … Parental discretion needs to be allowed here. Not everybody has the same training.”

Barbara Boardman, with the state chapter of the American Academy of Pediatrics, said the bill would help protect children. The academy is the largest professional association of pediatricians in the United States.

“Why do pediatricians care about this?” she said. “The answer is simple. We are the ones who see patients who die.”

“Firearm injury and death is preventable and we know from research that effective gun legislation can mean the difference between life and death for our young patients,” Boardman continued.

Lori Haas, advocacy manager for the John Hopkins Bloomberg School of Public Health, urged legislators to support the bill and recalled how laws requiring children to be in safety seats helped make the roads safer for kids.

Taylor McKee, regional director for the NRA, said the organization encouraged gun owners to safely store their weapons. But he said the group opposed the bill because some gun owners might be unable to afford safety storage equipment.

“This would be cost prohibitive for some Virginians and (they) could be priced out of being able to exercise their Second Amendment rights,” he said.

The bill ultimately passed both chambers along party line votes.

Another measure from Clark would require those buying a firearm to simultaneously purchase a locking device if they live in the same household as a child or teenager. Those who do not purchase the device would be required, under penalty of perjury, to complete a form from state police asserting they do not reside with a minor.

Federal law currently requires licensed gun manufacturers or dealers to provide a secure gun storage or safety device when a handgun is sold.

The bill passed the House with a vote of 51 to 48, and is progressing through the Senate.

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Guns left in vehicles

A measure from Sen. Dave Marsden, D-Burke, would prohibit leaving a visible firearm in an unattended motor vehicle. It would create a civil penalty of no more than $500 and allow the unattended motor vehicle to be removed for safekeeping.

Police around Hampton Roads, including in Portsmouth and Virginia Beach, have sought to educate gun owners about the problem of leaving firearms in vehicles. Portsmouth police in 2022 said many stolen guns are taken from unlocked vehicles. Virginia Beach Police Chief Paul Neudigate warned last year that of every 10 cars broken into in the city, thieves are able to steal one firearm.

The bill passed both chambers along party line votes.

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Parental responsibility

Democratic Sens. Schuyler VanValkenburg of Richmond and Adam Ebbin of Alexandria introduced a bill that would make it a Class 5 felony for a parent or caregiver to fail to prevent a minor from accessing their firearm — if such child was charged or convicted of a violent juvenile felony, or if the adult had received notice of a preliminary determination that the child posed a threat of violence to themselves or others.

The bill picked up some Republican support, passing the House with a vote of 55 to 43, and the Senate with a vote of 27 to 13.

It is already a Class 1 misdemeanor to allow a child under 14 to access a loaded, unsecured firearm in a manner that could endanger the child.

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Negotiations

Clark said he hopes gun safety bills will be a top priority for Democratic leadership as they head into state budget negotiations with the governor, who is trying to get Democrats on board with plans for a stadium complex in Alexandria to lure professional sports teams to the state.

“(Gun safety) is something that a lot of us did campaign on,” Clark said. “However, leadership will make that call when it comes to those negotiations.”

In a previous interview, House Speaker Don Scott, D-Portsmouth, said he hoped some middle ground could be found with the governor. He pointed to a bill Youngkin signed last year that incentivized responsible gun ownership by offering an income tax credit for the purchase of safety devices.

But at a televised town hall last spring, Youngkin argued new gun laws would not be effective and instead said it was parents’ responsibility to keep guns out of the hands of children.

About 6 in 10 U.S. adults (58%) favor overall stricter gun laws, according to a June 2023 survey conducted by the Pew Research Center. Another 26% say that U.S. gun laws are about right, and 15% favor less strict gun laws.

As a gun owner, Clark added he supports the Second Amendment but doesn’t believe that means lawmakers can’t push for responsible gun ownership.

“This is a weapon that is designed to take the life of another,” he said.

Katie King, katie.king@virginiamedia.com