Bill Text: VA SB768 | 2015 | Regular Session | Prefiled

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Bill Title: Firearm transfer; penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-01-26 - Failed to report (defeated) in Courts of Justice (4-Y 10-N) [SB768 Detail]

Download: Virginia-2015-SB768-Prefiled.html

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15100203D
SENATE BILL NO. 768 Offered January 14, 2015 Prefiled December 23, 2014 A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.1:01, relating to transfers of firearms; penalties. ---------- Patron-- McEachin ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-308.1:01 as follows:

§ 18.2-308.1:01. Firearm transfers; penalties.

A. Any person other than a licensed dealer who sells, rents, trades, or transfers any firearm to any person other than a licensed dealer is guilty of a Class 2 misdemeanor.

B. Any person other than a licensed dealer who buys, rents, trades, or transfers any firearm from any person other than a licensed dealer is guilty of a Class 2 misdemeanor.

C. If neither party to a prospective firearm transfer is a licensed dealer, the parties to the transaction shall complete the transfer through a licensed dealer.

D. Notwithstanding subsection A, B, or C, unless otherwise prohibited by state or federal law, any person may transfer a firearm to any other person if:

1. The transfer is a bona fide gift made by or to a member of a person's immediate family as defined in §6.2-1300;

2. The transfer occurs by operation of law;

3. The transferor is an executor or administrator of an estate or is a trustee of a trust created by a will;

4. The transfer is temporary and is necessary to prevent imminent death or great bodily harm; or

5. The transfer is temporary and occurs within the continuous presence of the owner of the firearm.