Proposed Virginia Firearm Legislation SB258
Legislation Overview
Title: Substantial risk orders or factors.
Subject: Criminal Procedure: Judges Justices and Other Elective Officers: Magistrates: Firearms
Description: Substantial risk orders; substantial risk factors and considerations. Provides various factors that a judge or magistrate must consider for the purpose of determining probable cause prior to issuing an emergency substantial risk order or a substantial risk order. The bill provides that such factors shall include whether the person who is subject to the order (i) committed any acts of violence or criminal offenses resulting in injury to himself or another person within the six months prior to the filing of the petition; (ii) made any threats or used any physical force against another person that resulted in injury within the six months prior to the filing of the petition; (iii) violated any provision of a protective order issued or was arrested for stalking within the six months prior to the filing of the petition; (iv) was convicted of any offense that would prohibit such person from possessing a firearm; (v) engaged in any conduct within the year prior to the filing of the petition that demonstrated a pattern of violent acts or threats to another person, including any acts or threats made against family members, neighbors, coworkers, or toward schools or students or government buildings or employees; (vi) committed any acts of violence or criminal offenses against an animal within the six months prior to the filing of the petition; (vii) made any attempt or threat of suicide or any act, attempted act, or threat of self-harm that caused or may have caused serious bodily injury; or (viii) recently acquired a firearm or ammunition, with evidence of such recent acquisition provided by the petitioner. The bill also outlines various other factors that a judge or magistrate may consider for the purpose of issuing an emergency substantial risk order or a substantial risk order. The bill also provides that possession includes actual access or the potential to readily access a firearm for the purposes of finding if a person possesses a firearm or if such firearm shall be voluntarily relinquished. Substantial risk orders; substantial risk factors and considerations. Provides various factors that a judge or magistrate must consider for the purpose of determining probable cause prior to issuing an emergency substantial risk order or a substantial risk order. The bill provides that such factors shall include whether the person who is subject to the order (i) committed any acts of violence or criminal offenses resulting in injury to himself or another person within the six months prior to the filing of the petition; (ii) made any threats or used any physical force against another person that resulted in injury within the six months prior to the filing of the petition; (iii) violated any provision of a protective order issued or was arrested for stalking within the six months prior to the filing of the petition; (iv) was convicted of any offense that would prohibit such person from possessing a firearm; (v) engaged in any conduct within the year prior to the filing of the petition that demonstrated a pattern of violent acts or threats to another person, including any acts or threats made against family members, neighbors, coworkers, or toward schools or students or government buildings or employees; (vi) committed any acts of violence or criminal offenses against an animal within the six months prior to the filing of the petition; (vii) made any attempt or threat of suicide or any act, attempted act, or threat of self-harm that caused or may have caused serious bodily injury; or (viii) recently acquired a firearm or ammunition, with evidence of such recent acquisition provided by the petitioner. The bill also outlines various other factors that a judge or magistrate may consider for the purpose of issuing an emergency substantial risk order or a substantial risk order. The bill also provides that possession includes actual access or the potential to readily access a firearm for the purposes of finding if a person possesses a firearm or if such firearm shall be voluntarily relinquished.
Session: 2024 Regular Session
Last Action: Requires 2/3 members present
Last Action Date: April 17, 2024
Sponsors
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
2 sponsors: Scott Surovell (D); Suhas Subramanyam (D);
Percentage of Senate sponsoring bill: 5% (2 of 40)
History
| Chamber | Date | Action |
| Senate | Apr 17, 2024 | Passed in enrolled form rejected (21-Y 19-N) |
| Senate | Apr 17, 2024 | Requires 2/3 members present |
| Mar 26, 2024 | Governor: Vetoed by Governor | |
| Mar 11, 2024 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| Senate | Mar 11, 2024 | Enrolled Bill Communicated to Governor on March 11, 2024 |
| Senate | Mar 7, 2024 | Signed by President |
| Senate | Mar 4, 2024 | Enrolled |
| House | Mar 4, 2024 | Signed by Speaker |
| Senate | Mar 4, 2024 | Bill text as passed Senate and House (SB258ER) |
| House | Feb 28, 2024 | Passed House (52-Y 47-N) |
| House | Feb 28, 2024 | VOTE: Passage (52-Y 47-N) |
| House | Feb 28, 2024 | Read third time |
| House | Feb 27, 2024 | Read second time |
| House | Feb 23, 2024 | Reported from Public Safety (12-Y 9-N) |
| House | Feb 22, 2024 | Subcommittee recommends reporting (6-Y 3-N) |
| House | Feb 19, 2024 | Assigned PS sub: Firearms |
| House | Feb 16, 2024 | Referred to Committee on Public Safety |
| House | Feb 16, 2024 | Referred from Courts of Justice by voice vote |
| House | Feb 13, 2024 | Referred to Committee for Courts of Justice |
| House | Feb 13, 2024 | Placed on Calendar |
| House | Feb 13, 2024 | Read first time |
| Senate | Feb 6, 2024 | Engrossment reconsidered by Senate (39-Y 0-N) |
| Senate | Feb 6, 2024 | Passed Senate (21-Y 18-N) |
| Senate | Feb 6, 2024 | Constitutional reading dispensed (39-Y 0-N) |
| Senate | Feb 6, 2024 | Printed as reengrossed 24102865D-E2 |
| Senate | Feb 6, 2024 | Reengrossed by Senate as amended SB258E2 |
| Senate | Feb 6, 2024 | Committee amendment #1 agreed to |
| Senate | Feb 6, 2024 | Reading of amendment waived |
| Senate | Feb 5, 2024 | Read second time |
| Senate | Feb 5, 2024 | Printed as engrossed 24102865D-E |
| Senate | Feb 5, 2024 | Engrossed by Senate as amended SB258E |
| Senate | Feb 5, 2024 | Committee amendments #'s 2, 3 and 4 agreed to |
| Senate | Feb 5, 2024 | Reading of amendments waived |
| Senate | Feb 2, 2024 | Constitutional reading dispensed (38-Y 0-N) |
| Senate | Jan 31, 2024 | Reported from Courts of Justice with amendments (9-Y 6-N) |
| Senate | Jan 10, 2024 | Moved from Judiciary to Courts of Justice due to a change of the committee name |
| Senate | Jan 9, 2024 | Referred to Committee for Courts of Justice |
| Senate | Jan 9, 2024 | Prefiled and ordered printed; offered 01/10/24 24102865D |
Texts
| Type | Date | State Link | Text |
| Enrolled | Mar 4, 2024 | state link | bill text |
| Engrossed | Feb 6, 2024 | state link | bill text |
| Engrossed | Feb 5, 2024 | state link | bill text |
| Prefiled | Jan 9, 2024 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| Governors veto explanation | Governors veto explanation | Mar 28, 2024 | State Link | amendment text | No |
| Senate amendments | Senate amendments | Dec 17, 2017 | State Link | amendment text | No |
Votes - Click on description to view vote roll call
| Description | Vote Date | Yea Votes | Nay Votes | No Votes | Absent | Passed |
| Senate: Reported from Courts of Justice with amendments (9-Y 6-N) | 01/31/2024 | 9 | 6 | 0 | 0 | Yes |
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| Senate: Engrossment reconsidered by Senate (39-Y 0-N) | 02/6/2024 | 39 | 0 | 0 | 1 | Yes |
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| resort votes by: party yeas nays name | ||||||
| Senate: Constitutional reading dispensed (39-Y 0-N) | 02/6/2024 | 39 | 0 | 0 | 1 | Yes |
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| Senate: Passed Senate (21-Y 18-N) | 02/6/2024 | 21 | 18 | 0 | 1 | Yes |
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| House: Subcommittee recommends reporting (6-Y 3-N) | 02/22/2024 | 6 | 3 | 0 | 1 | Yes |
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| House: Reported from Public Safety (12-Y 9-N) | 02/23/2024 | 12 | 9 | 0 | 1 | Yes |
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| House: VOTE: Passage (52-Y 47-N) | 02/28/2024 | 52 | 47 | 0 | 1 | Yes |
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| Senate: Passed in enrolled form rejected (21-Y 19-N) | 04/17/2024 | 21 | 19 | 0 | 0 | Yes |
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| resort votes by: party yeas nays name | ||||||
Link: link to state bill page
