VA HB674 | 2020 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 8-0)
Status: Passed on April 8 2020 - 100% progression
Action: 2020-04-08 - Governor: Acts of Assembly Chapter text (CHAP0887)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 8-0)
Status: Passed on April 8 2020 - 100% progression
Action: 2020-04-08 - Governor: Acts of Assembly Chapter text (CHAP0887)
Text: Latest bill text (Chaptered) [HTML]
Summary
Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. Upon service of an emergency substantial risk order, the person who is subject to the order shall be given the opportunity to voluntarily relinquish any firearm. An emergency substantial risk order shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the order was issued within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, for a substantial risk order and with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the substantial risk order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of a substantial risk order is guilty of a Class 4 felony. The bill creates a computerized substantial risk order registry for the entry of orders issued pursuant to provisions in the bill.
Title
Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties.
Sponsors
Del. Richard Sullivan [D] | Del. Dan Helmer [D] | Del. Chris Hurst [D] | Del. Alfonso Lopez [D] |
Del. Betsy Carr [D] | Del. Eileen Filler-Corn [D] | Del. Mark Levine [D] | Del. Kathleen Murphy [D] |
Roll Calls
2020-03-02 - House - House: VOTE: Adoption (52-Y 48-N) (Y: 52 N: 48 NV: 0 Abs: 0) [PASS]
2020-02-27 - Senate - Senate: Passed Senate with substitute (20-Y 20-N) (Y: 20 N: 20 NV: 0 Abs: 0) [FAIL]
2020-02-25 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2020-02-24 - Senate - Senate: Reported from Judiciary with substitute (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]
2020-01-30 - House - House: VOTE: Passage (52-Y 46-N) (Y: 52 N: 46 NV: 2 Abs: 0) [PASS]
2020-01-24 - House - House: Reported from Public Safety (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]
2020-02-27 - Senate - Senate: Passed Senate with substitute (20-Y 20-N) (Y: 20 N: 20 NV: 0 Abs: 0) [FAIL]
2020-02-25 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2020-02-24 - Senate - Senate: Reported from Judiciary with substitute (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]
2020-01-30 - House - House: VOTE: Passage (52-Y 46-N) (Y: 52 N: 46 NV: 2 Abs: 0) [PASS]
2020-01-24 - House - House: Reported from Public Safety (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]
History
Date | Chamber | Action |
---|---|---|
2020-04-08 | Governor: Acts of Assembly Chapter text (CHAP0887) | |
2020-04-08 | Governor: Approved by Governor-Chapter 887 (effective 7/1/20) | |
2020-03-12 | Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020 | |
2020-03-12 | House | Enrolled Bill communicated to Governor on March 12, 2020 |
2020-03-06 | Senate | Signed by President |
2020-03-06 | House | Signed by Speaker |
2020-03-05 | House | Bill text as passed House and Senate (HB674ER) |
2020-03-05 | House | Enrolled |
2020-03-02 | House | VOTE: Adoption (52-Y 48-N) |
2020-03-02 | House | Senate substitute agreed to by House 20108857D-S1 (52-Y 48-N) |
2020-03-02 | House | Placed on Calendar |
2020-02-27 | Senate | Chair votes Yes |
2020-02-27 | Senate | Passed Senate with substitute (20-Y 20-N) |
2020-02-27 | Senate | Engrossed by Senate - committee substitute HB674S1 |
2020-02-27 | Senate | Passed by temporarily |
2020-02-27 | Senate | Read third time |
2020-02-26 | Senate | Passed by for the day |
2020-02-26 | Senate | Committee substitute agreed to 20108857D-S1 |
2020-02-26 | Senate | Reading of substitute waived |
2020-02-26 | Senate | Read third time |
2020-02-25 | Senate | Constitutional reading dispensed (39-Y 0-N) |
2020-02-24 | Senate | Committee substitute printed 20108857D-S1 |
2020-02-24 | Senate | Reported from Judiciary with substitute (9-Y 6-N) |
2020-01-31 | Senate | Referred to Committee on the Judiciary |
2020-01-31 | Senate | Constitutional reading dispensed |
2020-01-30 | House | VOTE: Passage (52-Y 46-N) |
2020-01-30 | House | Read third time and passed House (52-Y 46-N) |
2020-01-29 | House | Engrossed by House |
2020-01-29 | House | Pending question ordered |
2020-01-29 | House | Passed by temporarily |
2020-01-29 | House | Read second time |
2020-01-28 | House | Read first time |
2020-01-24 | House | Reported from Public Safety (13-Y 9-N) |
2020-01-06 | House | Referred to Committee on Public Safety |
2020-01-06 | House | Prefiled and ordered printed; offered 01/08/20 20104741D |
Same As/Similar To
SB240 (Same As) 2020-04-08 - Governor: Acts of Assembly Chapter text (CHAP0888)
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
18 | 2 | 308.09 | (n/a) | See Bill Text |
18 | 2 | 308.1:6 | (n/a) | See Bill Text |
18 | 2 | 308.2:1 | (n/a) | See Bill Text |
18 | 2 | 308.2:2 | (n/a) | See Bill Text |
18 | 2 | 308.2:3 | (n/a) | See Bill Text |
19 | 2 | 152.13 | (n/a) | See Bill Text |
19 | 2 | 152.17 | (n/a) | See Bill Text |
19 | 2 | 387.3 | (n/a) | See Bill Text |