Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Virginia Senator Kaine Introduces Bill to Turn Innocent Mistakes into Felonies

Friday, September 11, 2015

Virginia Senator Kaine Introduces Bill to Turn Innocent Mistakes into Felonies

On Tuesday, Sen. Tim Kaine (D-Va.) introduced what he is calling the “Responsible Transfer of Firearms Act.”  As The Hill amusingly noted, “It is the latest gun bill introduced by Democrats that is unlikely to pass through a Republican-controlled Congress.”  And with good reason.  Sen. Kaine’s current anti-gun effort is incomprehensible and unconstitutional.  And that, unfortunately, is not a laughing matter.

Current law prohibits transferring a firearm to a person “knowing or having reasonable cause to believe” that the person falls into one of the federally prohibited categories.  Appropriately, the prosecution has to prove the transferor knew or had reason to know of the recipient’s prohibited status.  The law, of course, does not presume that everyone who seeks to acquire a firearm has a criminal record or intends to use the firearm for a criminal purpose, nor does it require those who transfer firearms to make this presumption.

Under Sen. Kaine’s bill, however, a person would be held strictly liable for transferring a firearm to a prohibited person, unless he or she could somehow demonstrate having “taken reasonable steps to determine that the recipient [was] not legally barred from possessing firearms or ammunition ….”  Just what those steps are, however, is not specified in the bill.  Thus, a person would be risking a federal felony with every firearm transfer, unless he or she adhered to an unwritten code of conduct that could shift with every circumstance.

Sen. Kaine is presumably aware that all dealers are already federally required to run background checks for retail sales.  Nevertheless, according to The Hill, “Kaine blamed loose gun laws for allowing firearms dealers to sell guns to people who are prohibited from owning them.”

Apparently, then, Kaine contemplates some further duty to which gun dealers would be held accountable, even for customers who pass the mandatory background checks.  But what is it?  Is he suggesting, for example, that dealers profile their customers on the basis of race, age, sex, religion, appearance, or some other characteristic?  Would the sales of certain types of firearms require more due diligence than others?

Similarly, the bill does not explicitly make background checks mandatory for all private sales, but conversely, even obtaining a background check before such a transfer might not be enough, at least in some cases.  Gaps in the background check system itself could be the bases for criminal liability under the bill, should the transferor rely on a faulty “proceed,” rather than on some unknown cue an antigun official later determined should have been discernible.

Ultimately, the bill seems designed to do nothing so much as to scare people from transferring firearms to anybody with whom they are not very closely associated.  Hidden facts about long-term neighbors – a long ago commitment for an eating disorder, for example – could spell the difference between an innocent act and a federal felony.  Importantly, the penalty would attach, whether or not the recipient of the firearm ever did anything harmful or illegal with it.

Of course, nothing in the bill would discourage criminals from transferring firearms to each other, as they routinely do already in complete defiance of existing law.  Indeed, we recently reported on a study out of Chicago that found persons in jail who had illegally possessed a firearm most often said they obtained it from trusted family members or associates.  They weren’t willing to risk law enforcement stings by obtaining guns from people they didn’t know.  Nothing about Sen. Kaine’s bill would change any of that.

As The Hill notes, the bill is likely to go nowhere in the current Congress.  Even if it did, it would fail the constitutional requirement that the law adequately apprise the public of what sort of actions are prohibited.

Yet Sen. Kaine’s effort well illustrates the increasingly radicalized gun control lobby, to which “niceties” like constitutionality and fundamental fairness are irrelevant.  Sen. Kaine simply wants to identify himself as being in league with the president and high dollar political donors on gun control.  On that point, at least, we’re happy to help him spread the message.

IN THIS ARTICLE
Virginia Tim Kaine
TRENDING NOW
The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

News  

Monday, January 26, 2026

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

On Tuesday, Jan. 20, the U.S. Supreme Court held oral arguments in a Second Amendment case that asked whether handgun carry licensees could be presumptively banned from carrying their arms onto publicly accessible private property. 

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

News  

Monday, January 26, 2026

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

On Jan. 22, ATF published an interim final rule (IFR) that revises the agency’s approach to determining who is an “unlawful user of or addicted to any controlled substance” and therefore prohibited from owning or receiving firearms ...

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

News  

Monday, January 26, 2026

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

As America gets ready to embark on its 250th birthday celebrations, it’s a good time to assess and appreciate how lucky we are, with constitutional protections of speech and gun rights. Nothing puts that into ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Second Amendment Momentum: Quick Takeaways from SHOT Show

News  

Monday, January 26, 2026

Second Amendment Momentum: Quick Takeaways from SHOT Show

Last week’s 48th annual SHOT (Shooting, Hunting, and Outdoor Trade) Show hosted by the National Shooting Sports Foundation (NSSF)) showcased not only the latest and greatest guns and gear, but an invigorated and promising outlook for the Second ...

Virginia: Multiple Gun Control Bills Up in Committee on Monday

Friday, January 23, 2026

Virginia: Multiple Gun Control Bills Up in Committee on Monday

On Monday, January 26th, the Senate Courts of Justice committee will hold a hearing on over a dozen gun control bills, including semi-automatic bans and concealed carry prohibitions. The hearing will begin at 8am.

Grassroots Spotlight – VCDL Lobby Day

News  

Monday, January 26, 2026

Grassroots Spotlight – VCDL Lobby Day

On January 19th, grassroots activists came together in Richmond for the Virginia Citizens Defense League (VCDL) Lobby Day, and it was a resounding success.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

Virginia: Gun Bills in Committee This Thursday

Tuesday, January 20, 2026

Virginia: Gun Bills in Committee This Thursday

On Thursday, January 23rd, the House Public Safety Subcommittee – Firearms will hold a hearing on several pro-gun measures.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.