Virginians/Creigh Deeds Agree: Close the Loophole

According to a poll conducted by Christopher Newport University's Judy Ford Wason Center for Public Policy, 80% of Virginians want to close the "gun-show loophole" that allows anyone to buy a gun from an unlicensed dealer without a background check. The same sale at the same show from a licensed dealer requires the buyer undergo a criminal background check.

Driven by the horrible shootings at Virginia Tech, Senator Creigh Deeds worked for several sessions to find a bipartisan compromise that will close the gun-show loophole while at the same time preserving the rights of legitimate buyers to purchase a gun. Of course, to the National Rifle Association, any restriction no matter how common sense and reasonable, pulls their hair trigger. Although Deeds wrote the constitutional amendment that guarantees the right to hunt and fish and has an A rating and was endorsed by the NRA in 2005, his due diligence and hard work seeking a way to close this dangerous loophole earned their ire this year. Even with an "A?"

But, as the poll indicates, Creigh Deeds is very much in line with the vast majority of Virginians on closing the loophole. It also found that 63% of Virginians agree with Deeds that redistricting of legislative districts should be done by a bipartisan commission. Fundamental to our democracy, killing the gerrymander is an issue which Deeds has worked on for years and promises to accomplish as Governor.

As we consider who to vote for on Election Day, this poll reminds us of something more than the fact the Deeds is in tune with voters in the Commonwealth. Creigh Deeds has taken on tough issues with a tenacity rarely seen in politicians. For Creigh it is all about finding solutions to tough problems. Solutions that do the greatest good for the greatest number.

The CNU survey was was conducted Oct. 8-13 in cooperation with The Virginian-Pilot and WVEC-TV. It has a MOE of ± 4.4 percentage points.

Close the loophole!

For years, but especially since the horrific shootings at Virginia Tech, many people have suggested closing the so-called gun show loophole that gave an avenue for mentally ill or criminals to get weapons. While no one thinks closing the loophole will prevent all guns from falling into bad hands, there does seem to be a consensus among many folks that it would help to make our communities safer.

Closing the loophole has been controversial and for years has been shot down by gun rights advocates. Just a couple weeks ago the Virginia State Crime Commission deadlocked over a vote to recommend legislation that would require an electronic background check. That vote seemed to doom any legislation for the 2009 General Assembly session.

This week, Senator Creigh Deeds (D-Bath Co.) helped craft a bipartisan compromise in the Senate Courts of Justice Committee.

It was a tight vote in the committee, but prospects are now reasonably good for passage in the Senate. The bill will face a tough test in the House of Delegates, but passage in the Senate plus the upcoming election, may place pressure on a few delegates to do the right thing to make our commonwealth a bit safer.

Senator Deeds has a long record of working the middle ground between parties and with rural and urban interests to find consensus and solve problems. That's leadership. 

Chitty chitty bang bang

A few days ago the Virginia State Crime Commission held hearing about the so-called "gun show loophole." The commission investigated the loophole in the aftermath of the horrible shootings at Virginia Tech which led to, among other things, enhanced procedures to identify mentally ill individuals. 

While gun dealers and stores must follow laws requiring background checks of purchasers, sellers at the numerous gun shows that are held throughout the state are deemed "private sellers" and have no such obligation. In this almost totally unregulated environment, purchasers may be mentally ill or have felony convictions and no one is the wiser.

Republicans on the commission made it clear that they will not require individual sellers to do background checks on buyers. With so many individual sellers, it would be cumbersome, impractical and unenforceable. Some suggested that an individual who sells a certain number of guns each year would have the same requirements as a licensed dealer. That too, would be clumsy and enforcement difficult.

The Roanoke Times suggests an approach that has potential to be workable, enforceable, and improve public safety by helping to keep guns out of the hands of criminals and the mentally ill. I'll take this idea a step further. The gun show organizer would be like the dealer and individuals at the gun show who wish to make a purchase would have to produce an ID and go through the basic background check. They'd then get a "pass" that, along with an ID, would allow them to purchase guns from sellers at the show. Anyone could come into the gun show but only individuals with the "pass" could make a gun purchase.

Sure there would be ways to dodge the law (there is with any law). Someone could negotiate a deal that would be consummated later on the parking lot out of the back of a pickup. 

I'm sure some would see this as a "huge" inconvenience. But, I think preventing another Virginia Tech or a single murder would be well worth the few extra steps it would take to make that gun purchase. Simply common sense.

Frack U

Gasland, a film by Josh Fox, is must-see-TV for folks in Rockingham County, Virginia. A drilling company is pushing to drill for natural gas in the Bergton area using a controversial technique that could adversely impact ground water resources. Hydraulic fracturing, or fracking, involves the high pressure injection of millions of gallons of water along with sand and chemicals into a deep well to fracture the shale and to allow the gas to flow more freely.

Fracking is permitted because the Bush Administration successfully got natural gas drilling exempted from the Safe Drinking Water Act. Drilling companies are not required to disclose the proprietary chemicals that are injected into the gas wells, many of which are over 8,000 feet deep. This so-called "Haliburton Loophole" essentially means the EPA cannot regulate these wells. Fracking in an area of karst limestone and aquifers, such as found in much of the Shenandoah Valley, is especially risky since since a poorly cased gas well could contaminate many wells, even those located miles from the drilling site.

Gasland has won numerous awards and will be airing on HBO through 2012. Let's hope members of the Rockingham County Board of Supervisors and especially their chairman, Pablo Cuevas, who represents the Bergton area, take time to watch Gasland and thoroughly investigate fracking before making a decision. Recent events scream for caution - if drilling/fracking is permitted in the Bergton area, the company should proffer a emergency fund to be held in escrow to compensate anyone adversely impacted.

Your summer float could land you in hot water

South Fork Shenandoah River

There isn't much better than a river float on a hot summer day. Maybe you get your fishing line wet. Perhaps you sit on a rock in the middle of a rapids enjoying the cool bubbling water, birds, and quiet. You are thrilled by successfully running a tricky Class 3.

Our navigable waters - streams, creeks, rivers, and bays - are supposed to be open for all Virginians. They are conserved for the people as places for fishing, swimming, boating, and solitude. All sportsmen thought that access to our public waters was assured but recently some landowners have accused boaters and others of trespass even though they never set foot on dry land.

It appears that simply posting signs and threatening to sue is enough to "privatize" a river or steam. When you show up in court the landowner has the upper hand as he/she often won't have to prove ownership of the riverbed and our "commonwealth" won't lend a hand or a paddle to defend your rights to public access. More info on the background and legalities at the Virginia Conservation Network.

This loophole in the law needs to be plugged and only the General Assembly can do it. Contact your delegate and senator and tell them to act during the 2014 session. Tell them to keep our navigable rivers in the public domain for the use of everyone in the commonwealth.