Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, June 21, 1993 TAG: 9306210049
SECTION: VIRGINIA PAGE: C1 EDITION: METRO
SOURCE: MARGARET EDDS STAFF WRITER
DATELINE: RICHMOND LENGTH: Medium
The rules, written by state police and due to take effect July 1, "need a lot of work," said state Sen. Kenneth Stolle, R-Virginia Beach, one of a half-dozen or so key players in last winter's legislative debate.
"Clearly they're not in line with how the drafters of the legislation intended it would be implemented.
"The regulations far exceed the authority granted in the statute," Stolle said.
But Secretary of Public Safety Randolph Rollins, who also helped draft the legislation and who signed off on the regulations, said they are "consistent with the legislative discussion and with the law itself as adopted."
Rollins noted that the regulations are temporary and will not become permanent until completion of a series of public hearings to be conducted over the next several months.
The ultimate decision on whether to change them probably will rest with state police Superintendent Carl Baker, whose agency is charged with administering the gun law. Baker could not be reached for comment.
Stolle and other Republicans joined Gov. Douglas Wilder last winter in fashioning a handgun compromise that limited most sales to one per person per month but allowed exemptions for "legitimate business or personal use." That clause was denounced by some handgun-control advocates, including House Speaker Thomas Moss, who said it created too large a loophole.
But according to Stolle's interpretation, the regulations drawn up to implement the law give state police almost unlimited time and authority to turn down multiple-purchase requests - far from what he intended.
"They're trying to make sure people who shouldn't get them don't," said Stolle. But in trying to protect against abuse, the regulations essentially allow state police to decide who does or doesn't deserve to have multiple guns. "I don't think the Constitution of Virginia allows state police this much discretion in issuing firearms," he said.
The regulations set up this procedure for those who want to buy more than one handgun in a particular month:
Buyers must fill out a "multiple-handgun purchase application," available through a firearms dealer, the state police or designated local police.
The form requires the individual to list the number and type of handguns to be purchased, the reason for the multiple purchases, and all of the buyer's addresses for the last five years.
Applications must be delivered to one of 55 Virginia State Police offices or to local police offices in one of the 18 localities that have agreed to accept them.
If the buyer is purchasing the gun for someone else, the buyer also must supply pertinent data - including addresses for the past five years - about the person who's to receive the guns.
The buyer must produce two forms if identification, including at least one photo ID issued by the state of Virginia (such as a driver's license) or the U.S. Defense Department. The photo ID must be at least 60 days old.
Applications will be forwarded to state police administrative headquarters in Richmond for an "enhanced background check." This will include searches of national, state and local police records, as well as conversations with local police "as to the applicant's qualifications for ownership" of the guns.
The search is to be completed "without delay," but there is no formal time limit. Police do not have to approve the purchase unless convinced it is "bona fide and lawful."
If the application is approved, the state or local police will issue a certificate, good for seven days, authorizing the purchase of a specific number and type of handguns. The state police shall make one attempt to call the applicant to report their decision.
Buyers whose applications are denied may appeal to the state police superintendent.
A person whose gun is lost or stolen may buy a single handgun without the certificate but must supply a copy of the police report detailing the theft or loss.
Robert Marcus of Norfolk, president of the state Firearms Dealers' Association, described the procedure for gaining exemptions to the single-gun limit as "pretty straightforward."
But he said that because in many areas only state police will accept the applications, he is concerned that purchasers will have to travel long distances to apply.
Marcus said he also is worried that the approval process will be drawn out. "We're concerned that a police department in Pennsylvania may not see the urgency we do and react in a timely fashion" in doing a background check, he said.
by CNB