Bill Text: VA HB798 | 2024 | Regular Session | Prefiled
Bill Title: Firearms; purchase, possession, etc., following an assault and battery or stalking violation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2024-04-17 - House sustained Governor's veto [HB798 Detail]
Download: Virginia-2024-HB798-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-308.1:8 of the Code of Virginia is amended and reenacted as follows:
§18.2-308.1:8. Purchase, possession, or transportation of firearm following an assault and battery, assault and battery of a family or household member, or stalking violation; penalty.
A. Any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2021, for (i) the offense of assault and battery of a family or household member or (ii) an offense substantially similar to clause (i) under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.
B. Any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2024, other than an offense listed in subsection A, for (i) a violation of §18.2-57, 18.2-57.2, or 18.2-60.3 or (ii) an offense substantially similar to clause (i) under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.
C. For the purposes of
this section subsection A,
"family or household member" means (i) the person's spouse, whether
or not he resides in the same home with the person; (ii) the person's former
spouse, whether or not he resides in the same home with the person; or (iii)
any individual who has a child in common with the person, whether or not the
person and that individual have been married or have resided together at any
time.
C. D. Any person prohibited from
purchasing, possessing, or transporting a firearm pursuant to subsection A or B shall be prohibited from
purchasing, possessing, or transporting a firearm for
three five
years following the date of the conviction at which point the person convicted
of such offense shall no longer be prohibited from purchasing, possessing, or
transporting a firearm pursuant to subsection A
or B. Such person shall have his
firearms firearm
rights restored, unless such person receives another disqualifying conviction,
is subject to a protective order that would restrict his rights to carry a
firearm, or is otherwise prohibited by law from purchasing, possessing, or
transporting a firearm.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1 of the Acts of Assembly of 2023, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
