mark levine virginia assault weapon
VA Del. Levine demonstrating what a hunting gun is. Source: screen capture from YouTube video.
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This post was been corrected on 1/30/20. I was unaware of Article IV, Section 13 of the Virginia state constitution. That provision specifies that laws passed “shall take effect on the first day of July following the adjournment of the session.” This was brought to my attention by Richard Hutchison, whom I thank for correcting me. Accuracy is important, and I blew it due to a false assumption.

There’s a morbidly amusing video circulating that shows Virginia Delegate Mark Levine speaking at a town hall meeting. This is a man who knows virtually nothing about firearms. (Be sure to swallow your coffee before pressing PLAY).

We learn from Del. Levine that magazines are “red-hot,” mass shooting guns are “guns that go like this,” that “a semi-automatic is you can shoot with each finger,” and that his “assault firearm” bill carefully distinguishes between your hunting guns and the mass murder guns.

I’m sure there was more, but I didn’t manage to view it all the way through.

Most importantly, he asserted that, unlike Senator Saslaw’s SB 16, his bill grandfathers existing “assault firearms.”

As it relates to “assault firearms,” HB 961 amends two existing Virginia statutes, and adds a third.

First up is § 18.2-308.8. This is the statute that defines and outlaws “assault firearms.” The only exceptions to an otherwise total ban is for military and law enforcement official duties. Mere citizens have no exemptions.

Next is § 18.2-308.13. This is the new statute and it’s what Levine is peddling as the grandfathering part. At first glance, you might think that’s what it is. I think there’s a serious problem with the fact that this bill creates completely conflicting statutes.

Which statute do you think the state police will cite in order to arrest people; 308.8 or 308.13? Someone who is arrested, and their “assault firearm” is confiscated can fight back under 308.13, but that takes time and money. And you probably won’t ever get your firearm back. More on that later.

Initially 308.13 looks like grandfathering, but there’s a catch. You have to legally own the “assault firearm” “on July 1, 2020.” On, not before. You may apply for a permit which requires registration. There’s an amnesty period ending January 1, 2021.

The tricky part is the date of possession, and when the law would go into effect. The bill specifies no “law becomes effective on,” so it becomes effective once signed by Gov. I Coonman. If passed and signed, the law would be enacted on July 1, and § 18.2-308 kicks in and every newly-minted “assault firearm” becomes contraband unless it’s registered and permitted.

But until § 18.2-308.13 becomes effective, you cannot get a permit. Your firearm becomes illegal and you cannot lawfully possess it on July 1, 2020″.

There are a couple of interesting tidbits in the grandfathering section. One is the government photo ID requirement.

A person shall have the permit on his person at all times when he is transporting an assault firearm in accordance with this subsection and shall display the permit and a photo identification issued by a government agency of the Commonwealth or by the U.S. Department of Defense or U.S. State Department upon demand by a law-enforcement officer.

That’s clearly racist. We know that because the same Virginia Democrats who are pushing this are also pushing HB 19 which eliminates the government photo ID requirement for voting because they say that requirement racially discriminates against blacks and minorities. (Yes, the real reason is to enable unlawful vote fraud, especially by illegal aliens who tend to vote Democrat.) But…racism. Take every opportunity to throw that in their faces.

Another point goes back to that town hall video where Levine explained how this doesn’t ban hunting firearms, just those nasty mass murder guns that “go like this.”

D. A person issued a permit to possess an assault firearm pursuant to subsection B may possess an assault firearm only under the following conditions:
3. While engaged in lawful hunting; or

Yes, those guns that Levine says aren’t used in hunting? Apparently you can use them to go hunting (despite being “wildly inaccurate”). Del. Levine is a blithering nitwit (as I took time to inform him).

Now, I mentioned that if the police arrest you under § 18.2-308.8 and take your firearm, you probably won’t ever get it back, even if acquitted under § 18.2-308.13. That’s because this bill also amends § 18.2-308.28, which now specifies that firearms may be seized under § 18.2-308.8 and disposed of under § 18.2-308.29, which in turn says they can just destroy them.

Buckle up, Virginians.

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  1. Gotta admit….”semi-auto is you can shoot with each finger” outclasses “clipazine”, “thingy that goes up in the back” and “full semi-auto”.

    Always something to learn from the clueless.

    • The laws proposed by those ignorant of firearms can be both amusing and terrifying.

      The stupid really hurts in this case.

      • “The stupid really hurts in this case.”

        Not quite yet, but….the probability is high it will before the end of the year.

      • I’m seeing a business opportunity. How about a grip with four individual triggers. Now you just strum your fingers one after another to let loose 4 quick shots. Oh wait, make each one a binary trigger too. 8 shot burst and totally legal.

    • does it really matter?…they’re not really interested in correct nomenclature…just in disarming you…and reaping the financial benefits that accrue from that course of action…calling them “stupid” avails you nothing when they appear to be winning…

      • “…calling them “stupid” avails you nothing…”

        Ignorant: uninformed of facts
        Stupid: informed; refusing to act upon the information
        Clueless: unaware there are facts

        Assigning an accurate adjective is not “name-calling”.

    • sure, it’s comical to you and I…but consider who his target audience is…people who know next to nothing about firearms but want the more threatening versions to go away…

      • “…but consider who his target audience is…people who know next to nothing about firearms but want the more threatening versions to go away…”

        His audience didn’t increase due to his making a great gag line. His audience has been around for years. His audience would not have been any smaller/larger if he had said nothing. Mocking something doesn’t mean a threat is unrecognized (see Rules for Radicals).

    • Where do I buy a semiauto I can shoot with each finger? And does it have 10 different triggers? How does that work if it can only have one pistol grip? Is the grip extra long, like a tennis racquet?

  2. Arrogant mo fo’s who dont know which end the bullet comes out of pontificating to us!? Gettin so tired of it.

  3. What’s with the non-American flags in the background. Other than Puerto Rico, all of the flags are foreign and not even American states. Pandering to 2A ignorant newcomers.

  4. The Virginia Constitution Article 4 Section 13 ( provides that “All laws enacted at a regular session, including laws which are enacted by reason of actions taken during the reconvened session following a regular session, but excluding a general appropriation law, shall take effect on the first day of July following the adjournment of the session of the General Assembly at which it has been enacted”

    If passed, HB 961 won’t take effect until July 1, 2020.

  5. They better not pass this or we will complain very loudly and threaten to have boating accidents and vote them out Next Time. Trump 2020

    • I read this and was like “WTF, is he serious???” Then, I was like “Oh, I get sarcasm!”

      I did get it, right? lol

  6. His conclusions on the Clinton Assault Weapons Ban is an outright lie.

    From there it just gets worse and reveals the stupidity of ALL Bloomberg Bots.

      • that hasn’t been the pattern elsewhere…right now they’re only interested in getting these laws on the books and forcing you underground…enforcement,..of some sort…will be reserved for later..if at all…

      • Lots of fatties didn’t belly up to the registration desk in Conn. But not to worry, we’ll take our fat asses to another state leaving you with well armed criminals to kneel before.

  7. Reminder:

    * There are 4 Dem senators that are against this bill (we need only 2 to defect to kill it).
    * Levin is the only patron (sponsor) of this bill.
    * The fact that it hasn’t been voted out of committee let alone in the House shows there isn’t enough support for it.

    • I’m sure some of those politicos stood at their windows during that demonstration counting their numbers…you can’t acquire bloomberg’s money if you’re voted out of office…

      • All they need to do is suck up as long as they can hang on, grab as much Bloombucks as they can and hold on to it… If they fail Virginia law lets them keep anything not spent on the campaign…

  8. Nothing new. Just tyrants looking to force their culture on an entire state. A few select people do something morally wrong and the whole state must be punished like children by the nanny state. And make no mistake, they see “gun owners” as the problem and they will bring you into line by force with their “votes.”

  9. Sorry, I just couldn’t bring myself to watch past the guy “rushing into the bathroom and grabbed that RED HOT magazine and saved a bunch of lives.” It was like listening to a second grader explain to a kindergartner where babies come from.

  10. Do you wonder how or why we get ludicrous legislation? People who have no freaking idea of what they are talking about write the Bills!! The fiery hot magazine types! It is absolutely clear he has no idea what a gun is or how it is used. Virtually 90% of all the guns in the country are semi-auto. This Moron took what Bloomberg’s equally dishonest minions gave him and read it and pow he became an expert!!! The author is correct in that there will be a complete ban on all semi-auto guns because people will own AND be in possession before the effective date and hence be in violation of the law. If you own it before the effective date it won’t be permitted as written!! That was the intent to get this thru. It’s like “We have to read the bill [after it’s passed] to know what’s in it.” Per Pelosi. If a Dem wrote it and is passing it, it is intended to take away every gun in the State. I wonder what is going to happen to the gun industry in the state. The manufacturers technically own the guns and transfer them to an owner via an FFL. Are they going to be in violation of the law?

    People of Va. you need to do more to affect the outcome here. Those Dems and the liberals in the DC suburbs just gave everyone the middle finger. I think the new revolution is moving to the starting gates. I like how the Brig. General from the State National Guard published the biggest load of nonsense about letting the Guard loose on civilians. Reading the Tea Leaves I sense that the Guard would enforce, confiscate and kill if ordered to do so.

    • The Guard is made up of people within the state and the “Nuremberg defence” is no longer valid since 1945. Members of the Guard will not like having to assault those that could be family or neighbors. So the general will either face a massive mutiny or absenteeism, or will heroically martyr themselves for the cause. After action post-mortem will show more wounds in the back than the front.

    • It will be a like Katrina some will comply with the order no matter how unlawful and some will tell their Commanders to go shove it. Technically they should be relieved of their command for various crimes but I doubt that will be the case. My duties specifically are to the Constitution and BOR as per my oath and have only a duty to obey lawful orders. Confiscating guns and breaking into peoples homes is one of the numerous reasons the Founders put the BOR into place the irony is unbelievable.

    • It doesn’t matter what that General orders! Federal law prohibits the use of any state National Guard against the civilians of that state to enforce a state law! The troops will rebel and probably jail or kill the General! And the governor will be next!

      • Yeah tell that to the people who got their guns confiscated and some arrested in Katrina by both Military and Law Enforcement. Unfortunately politicians do whatever they want and Military as well as Law Enforcement are complacent a large part of the time.

        I have had to explain why Marshall Law is in direct violation of the BOR to numerous Guardsman some of whom work full time as LEOs. Statist gonna state and the old “I was only following orders” excuse. At least the former mayor of NOLA and police chief are both in jail over some of this stupidity. Of course you won’t hear about that in the news.

    • well,..they certainly did two out of three during Katrina…even going into the more affluent and unaffected neighborhoods to accomplish it…it wasn’t very consoling that some of them “felt bad about it”….

  11. Grandfathering DOES NOT exist! It is called no ex post facto law shall be passed and the 14th amendment makes it applicable to the states to the states, Article 1, section 9, clause 3. If they can do it to your guns what stops them from doing it to your car or your house?

  12. I’ve always known anti-gun politicians were idiots, based on the laws they promote. This is the first time I’ve seen one defend the position at any length. I’m speechless. Just speechless.

    • There is plenty of stupid to go around, and unfortunately, the democrats do not have the market cornered on that…

      Everyone should be reminded of Diane Feinstein stating that it was, and I quote:
      “legal to hunt humans with 15 round, 30 round and even 150 round magazines”

      Or a barrel shroud as the shoulder thingy that goes up. Or the 30 magazine clips in half a second.

      If they are this ignorant on guns, they are just as likely ignorant on other bills (gotta pass it before we can find out what’s in it).

  13. “his “assault firearm” bill carefully distinguishes between your hunting guns and the mass murder guns.”

    Does that include the two 45s used in the Virginia Beach “mass murder”?…

    • He might be talking about that other Virginia mass shooting (VA Tech) where the perp used….two handguns. I heard it was a 9mm and a 22lr.

      • Yeah I forgot about that one, I was just looking at more recent events… So scary rifles that go bangbangbangbangbang as fast as you can pull the trigger with ALL your fingers that were involved in “NO” mass shootiings in Va in 2019 (historical data indicates only rare incidents of “assault type rifles” being used in ANY murders in the state) are to be banned, but the gun(s) used in the two biggest mass killings ever in Va (not including military conflict) are okay?

  14. “You hold a hunting rifle like this”
    “You hold an assault rifle like this”

    You know, like in the movies.

    • He’s a “proud gay man” who represents the D.C. suburb of Alexandria which of course explains his vast knowledge of firearms and his ability to mimic the proper techniques for firing hunting, assault and fully automatic weapons… After listening to this guy I’m pretty sure he’s after ALL semi-automatic rifles as in his demonstration he observed that “with assault rifles you can fire with each finger as fast as you can pull the trigger unlike a hunting rifle where you must pull the bolt back to remove the shell”.. This is one very scary individual.. I recommend his Shennandoah pride days video, his $200.00 pre washed jeans with the fashionable hole in the knee are quite fetching….

  15. They’re all liars. “Grandfathering” doesn’t matter, next year they’ll railroad another bill to take that away, too, “building on the success of previous safety legislation”.

    “Grandfathering” is as good as confiscation.

  16. Mass shootings didn’t really start their uptick until 2012 and beyond.

    Which is about the time the media and political class began hammering the issue harder than ever before.

    And possibly inspiring those shooters who cane afterwards.

    • The news media absolutely does create more mass shootings.

      Johnston and her coauthor, Andrew Joy, BS, also of Western New Mexico University, reviewed data on mass shootings amassed by media outlets, the FBI and advocacy organizations, as well as scholarly articles, to conclude that “media contagion” is largely responsible for the increase in these often deadly outbursts

      The prevalence of these crimes has risen in relation to the mass media coverage of them and the proliferation of social media sites that tend to glorify the shooters and downplay the victims, Johnston said.

      “We suggest that the media cry to cling to ‘the public’s right to know’ covers up a greedier agenda to keep eyeballs glued to screens, since they know that frightening homicides are their No. 1 ratings and advertising boosters,” she said.

      Bonus: They get even more anti-gun virtue signaling opportunities with every mass shooting they provoke. This nation is sick, and the “progressive” media is a constant source of infection.

    • just be careful you don’t ge referred under a nice new red flag law. Watch the language and suggestions on what he can do with objects.

  17. Virginia senators and representatives have passed 8 firearm control bills out of committee so far. They are pushing what they want for what Bloomberg wants. Bloomberg has money $60 million in his back pocket to throw at his firearms control agenda. Just wait to see what other controls he will want in place to control us other than taking our firearms away if he is president. Free speech is under attack also in Virginia. You can not show or teach someone about firearms in a proposed bill.

  18. Will we see new Zealand style non compliance? Or will we see some good old fashioned America style non compliance, if youknowwhatimean.

  19. My older brother gave me a plaque for my office wall that read, “It is better to remain silent and be thought a fool, than to open your mouth are remove all doubt.” Maybe I should mail it to this guy. And now deer are smarter than humans. Considering his words, he might be right about at least the liberal gun grabbers.

    He’s right, fully automatic (real military assault weapons) have only been used twice in a mass shootings in the last 50 years in the United States. Modified and illegally altered weapons have only been used twice. The res have all been semi-autos. Only three percent of all murders are by rifle, of which the ‘Modern Sporting Rifle’ is a sub set. By all means let’s ban the ones that don’t get used often, then we can say we need to ban another type of weapon, and then another…eventually they will take my Wrist Rocket sling shot.

    One thing holds true about anti-gun atheists; when the bovine fertilizer hits the rotary atmospheric oscillator, they will pray for someone with a gun to show up and stop it. The thing that holds true about the Constitution believing pro-gun folks; If it is in our power, we would probably do our best to stop the attacker.

    God must love idiots, for it seems he had made so many of them. And somehow they get elected….

    • “One thing holds true about anti-gun atheists; when the bovine fertilizer hits the rotary atmospheric oscillator, they will pray for someone with a gun to show up and stop it.”

      Which is why I will protect only me and mine, not you and yours. I don’t want to make a mistake and save someone who might be opposed to private ownership of firearms (think of the mental trauma that would cause). The police are supposed to protect those people.

  20. Sometimes I think every Politician who desires to pontificate on firearms should be required to participate in a Knob Creek shoot before they are sworn in, either on the firing line or down range – their choice.

  21. No need to worry, the SCOTUS will get around to defeating all these bills in about 10 years. At that point VA will resemble NJ on guns, and other issues, and the overlords can ignore that decision too. Like Heller.

  22. What a clueless friggin excuse for a state legislator. Doesn’t anyone in the audience question this Momo?

  23. Sad to say, but I don’t think Levine cares that he’s completely wrong. He’s politically just about untouchable, if what I’ve read of his recent electoral history is correct. Three terms unopposed, taking 95% of the vote each time.

    Heck, he may even know what he’s saying is total Baloney Sausage. It just sounds good enough to the people of his district to get the job done.

    Sorry to be so cynical this morning, but I’m to the point that I can no longer write off the antics of guys like Levine and Kevin De Leon, etc. as simple ignorance.

  24. Amazingly stupid.
    Is this guy a standup comic on the side.
    He knows absolutely nothing about guns at all.

  25. So this moron graduated Magna Cum Laude from Harvard, was a Fulbright Scholar and then went to Yale Law School…and this is the best argument he can come up with? Ivy League educations…not worth much

  26. Just judging from the audio, this guy is too stupid to turn the microphone on; and he wants to tell us about firearms ? To quote Bugs Bunny; ‘what a maroon’

  27. Any grandfathering (if it has to happen) should include every firearm owned at the time, regardless of the state the firearm currently resides within.

    I’m tired of all these individual states creating laws that make it illegal for me to move there with my firearms, while current state residents at the time of the law’s passage get grandfathered.

    As time goes on, there are fewer and fewer states I can lawfully move to. There should be rules against this BS…

  28. I was standing near this guy on the 13th of January after he gave ‘expert’ testimony in the state senate meeting room that the proposed gun laws were not extreme or written by uninformed fear mongers.I was next to him when he came out of the hearing room.He looked at the 2nd amendment supporters and began to shake.He was terrified of people who barely noticed him and did not threaten or even criticize him.There are clearly some extreme mental issues at work in this guy,besides the obvious stupidity.(If Bandy Lee can diagnose from a distance,so can we)This video has to be played all over his district,if not the whole state during the next campaign season.He would clearly be a candidate for a red-flag intervention if that passes.

  29. Rest easy, a Boomer Militia of tan pants wearing cosplayers will rise up and strike the root of tyranny with their latest greatest fancy boomsticks of freedom. They will toss caution to the wind, foregoing the safety of their cushy entitlement jobs, trophy wives and overpriced homes to channel the Spirit of 1776.

    Or, they will doefully submit and obey the edicts of The State, like they did in CA, NY, CT, MA, VA, etc etc…..

    Place your bets on which scenario plays out. (Hint: Communism Is Winning.)

  30. How did no one stand up and say, “You’re a f**king idiot!”???

    “We” cannot continue to let people with the mic speak lies and untruths, and massively inaccurate statements. Decorum be damned.

  31. A politician with a law never stops a bad guy with a gun.
    He only controls the good guys….which is his true agenda. Making good people helpless does not make bad people…..or politicians……harmless.
    “Killing is a matter of will, not weapons.
    You cannot control the act itself
    by passing laws about the means employed.”
    The late Col Jeff Cooper, 1958
    Handgun expert and founder of Gunsite Academy
    For once I agree with Bill O’Reilly. Bad guys shooting people is the price of freedom. Liberty is risky business. That’s why our Founding Fathers recognized our God-given right to shoot back.

  32. Ya that’s one of the reasons people hear how guns are bad, so they base their opinion on something they know nothing about.

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