By Hyung Jun Lee
The Virginia Senate rejected the governor’s amendments to a bill that restricts the gun rights of anyone convicted for assault and battery of a family member.
Under House Bill 1992, introduced by Del. Kathleen Murphy, D-Fairfax, anyone convicted of assault and battery of a family or household member would be prohibited from owning, purchasing or transporting firearms for a period of three years.
Gov. Ralph Northam proposed increasing the probation period from three years to five years. The governor also wanted to expand the bill to include individuals who were living together or who had cohabitated within 12 months.
The individual’s Second Amendment rights automatically will be restored after the probationary period, unless they receive another disqualifying conviction. Anyone who fails to comply with this bill would also be guilty of a Class 1 misdemeanor.
This may include jail time for up to 12 months, a fine of up to $2,500, or both.
“We know that domestic abusers should not own or purchase guns because when they’ve got one, they use one,” Murphy said when introducing the bill.
Senate Bill 1382, introduced by Sen. Barbara Favola, D-Arlington, established similar parameters but a lesser punishment for failure to comply. The Senate rejected the bill in a 22-16 vote.
The General Assembly met last week to review the governor’s proposed changes.
Lawmakers in the House passed the amendment along party lines, but it failed in the Senate. Democrats joined Republicans to vote against the changes.
Opponents said the measure is too restrictive for a misdemeanor charge.
Philip Van Cleave, president of the Virginia Citizens Defense League, said the VCDL historically would not have supported this legislation in its original form. The VCDL is a group created to protect the Second Amendment rights of Virginians.
The original bill was amended in the Senate to include rights restoration unless there was a disqualifying conviction, a protective order that would restrict the right to carry a firearm, or another legal prohibition. VCDL supported this amendment.
“Right now, if you lose your gun rights due to a misdemeanor domestic violence in Virginia, you lose them forever,” Van Cleave said.
David Adams, legislative director for the Virginia Shooting Sports Association, shared some of the sentiments made by Van Cleave. The VSSA is an association that promotes shooting sports and defends firearm ownership. However, Adams opposed the bill because it would take away someone’s constitutional right due to a misdemeanor charge.
“Everyone will say ‘well, but it’s domestic violence related,’” Adams said. “But we don’t take away basic constitutional rights for misdemeanors for any other type of misdemeanor crime.”
Adams also said that while a gun owner’s rights would be automatically restored after three years at the state level, those rights may not be restored federally.
Legislators in support of Northam’s amendment said last week that there are a number of couples who cohabitate but are not married.
“Domestic violence does take place in those situations,” Favola said. “A third of our homicides are really the result of domestic violence.”
Sen. Chap Petersen, D-Fairfax said he did not expect the amendment to come back to lawmakers, or he never would have voted for the original bill.
“This bill expands the definition in a way that we did not intend,” Petersen said.
Petersen explained that by including cohabitants, there are convoluted situations which could unfairly cause someone to lose their gun rights.
“You could have a roommate, you could be living with your sister, you could be living with a couple people in the same house that are unrelated,” Petersen said. “If there is a child there, which is a child of either one of them, and they get into an altercation or shoving match, police are called, now somebody loses their gun rights for three years.”
Lori Haas, senior director of advocacy at the Coalition to Stop Gun Violence, spoke in support of the bill during its initial committee reading. She said that someone with a past history of violence is likely to be a repeat offender.
“We know that a history of violence is the single biggest predictor of future violence,” Haas said. “Oftentimes, it’s the second or third charge before the conviction sticks.”
Guns are used to intimidate, control and harass victims, Haas said.
“There are a number of situations where victims suffer consequences from an abuser owning and possessing a firearm,” Haas said. “The most serious consequence of which is death.”
Jonathan Yglesias, policy director at Virginia Sexual and Domestic Violence Action Alliance, also spoke in favor of the bill. He said the bill is a common-sense measure that will protect individuals as well as the community.
“We know that offenders of sexual and domestic violence account for 54% of all mass shooting events in the U.S.,” Yglesias said. “These policies aren’t just an issue of individual and family safety, but they’re issues of community and public safety as well.”
The governor has 30 days to act on the bill, or it will become law without his signature.
CDC says the vaccinated should wear masks indoors in areas with high infection rates
Federal health officials on Tuesday urged Americans in areas of the country with the highest surges in COVID-19 infections to once again wear masks when they are in public, indoor settings — even if they are fully vaccinated against COVID-19.
By Laura Olson
The updated recommendations marked a sharp shift from the agency’s guidance in May that Americans fully vaccinated against COVID-19 do not need to wear a mask in most situations, indoors and outdoors.
The updates also included changes for schools, with federal health officials now urging everyone in K-12 schools to wear a mask indoors. That includes teachers, staff, students and visitors, regardless of vaccination status and the level of community transmission.
The update in CDC guidance was prompted by new data indicating that although breakthrough infections among the vaccinated are rare, those individuals still may be contagious and able to spread the disease to others, said Dr. Rochelle Walensky, director of the Centers for Disease Control and Prevention.
Wearing a mask indoors in areas with “substantial” or “high” transmission of the virus could help to reduce further outbreaks of the highly contagious delta variant, she said.
Some 39 states have infection rates that have reached “substantial” or “high” levels of transmission, according to a data tracker on the CDC website. The CDC rates Virginia, with 56.4 cases per 100,000 people over the past seven days and a 5 to 8 percent positivity rate, as having a “substantial” level of community transmission. However, that varies widely by locality.
“As always, we will thoroughly review these recommendations,” said Alena Yarmosky, a spokeswoman for Gov. Ralph Northam. “The governor has taken a nuanced and data-driven approach throughout this pandemic—which is why Virginia has among the nation’s lowest total COVID-19 cases and death rates.
“As he has said repeatedly, the only way to end this pandemic is for everyone to get vaccinated. The facts show vaccines are highly effective at protecting Virginians from this serious virus — over 98 percent of hospitalizations and over 99 percent of deaths have been among unvaccinated Virginians.”
The agency also tracks infection rates on the county level, and 63 percent of U.S. counties are in those two categories of concern.
“This was not a decision that was taken lightly,” Walensky said. She added that other public health and medical experts agreed with the CDC that the new information on the potential for vaccinated people to have contagious infections required the agency to take action.
President Joe Biden described the agency’s revision on recommended mask use as “another step on our journey to defeating this virus.”
“I hope all Americans who live in the areas covered by the CDC guidance will follow it,” Biden said. “I certainly will when I travel to these areas.”
The mask-use changes may not be the only changes coming as the White House attempts to respond to the spiking infections. Biden also said Tuesday that a vaccination requirement for all federal employees is under consideration.
The U.S. Department of Veterans Affairs already has required its frontline health care workers to be vaccinated against COVID-19.
But the new recommendations on masks are expected to be met with resistance.
Areas of the country with the highest spikes in COVID-19 infections tend to be those with the lowest vaccination rates and places that were the fastest to end mask mandates for public settings.
Some have taken legal steps to prevent future mask mandates. At least nine states — Arkansas, Arizona, Georgia, Iowa, Oklahoma, South Carolina, Texas, Utah and Vermont — have enacted legislation that prohibits districts from requiring masks in schools, according to a CNN analysis.
Iowa Gov. Kim Reynolds, a Republican, blasted the updated guidance in a statement Tuesday, describing it as “not grounded in reality or common sense.” Iowa’s level of community transmission is rated as “substantial” in the latest CDC map.
“I’m concerned that this guidance will be used as a vehicle to mandate masks in states and schools across the country, something I do not support,” Reynolds said, adding that the vaccine “remains our strongest tool to combat COVID-19” and that she will continue to urge vaccinations.
Walensky sidestepped a question during Tuesday’s news briefing about the level of compliance that the CDC expects with the new recommendations, saying only that the way to drive down rising community transmission rates is to wear masks and to increase vaccination rates.
Train Derailment Near Hollywood Cemetery Again
This derailment occurred Friday afternoon. A train also derailed in the same vicinity on June 9th.
All photos courtesy of RFD Twitter.
Posted by RFD Twitter on July 23rd
At approximately 1:26 p.m., crews responded to an area down the North Bank Trail near Hollywood Cemetery for the report of a train derailment. Once on scene, they found multiple freight cars that had been tipped over. The cars were carrying coal.
Some of the load spilled onto the track and ground in the area, but there was no coal in the water. No injuries reported. The incident was marked under control at 1:59 p.m. and turned over to CSX.
Suspect Sought in West Clay Street Burglary
At approximately 4:57 p.m. on Thursday, June 24, the man in the photos climbed a wall in the rear of a house, located in the 00 block of West Clay Street, broke into the residence and stole a computer and credit cards.
Richmond Police detectives are asking for the public’s help to identify the individual in the attached photos who is a suspect in a residential burglary that occurred in the Jackson Ward neighborhood last month.
At approximately 4:57 p.m. on Thursday, June 24, the man in the photos climbed a wall in the rear of a house, located in the 00 block of West Clay Street, broke into the residence and stole a computer and credit cards. A photo of his distinctive pink and black sneakers is also attached.
Anyone with information about the identity of this person is asked to call Fourth Precinct Detective J. Land at (804) 646-3103 or contact Crime Stoppers at (804) 780-1000. The P3 Tips Crime Stoppers app for smartphones may also be used. All Crime Stoppers methods are anonymous.