Proposed Virginia Firearm Legislation HB1763
Legislation Overview
Title: Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties.
Description: Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or any 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. If an emergency substantial risk order is issued, a judge or magistrate may issue a warrant to remove firearms from such person. An emergency substantial risk warrant 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 person subject to the order resides 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, 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 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 an order is guilty of a Class 4 felony.
Session: 2019 Regular Session
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
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'.
7 sponsors: Richard Sullivan (D); Chris Hurst (D); Kaye Kory (D); Mark Levine (D); Alfonso Lopez (D); Marcia Price (D); Sam Rasoul (D);
Percentage of House Of Delegates sponsoring bill: 7% (7 of 100)
History
| Chamber | Date | Action |
| House | Feb 5, 2019 | Left in Militia, Police and Public Safety |
| House | Jan 17, 2019 | Subcommittee recommends passing by indefinitely (4-Y 2-N) |
| House | Jan 15, 2019 | Assigned MPPS sub: Subcommittee #1 |
| House | Jan 14, 2019 | Referred to Committee on Militia, Police and Public Safety |
| House | Jan 14, 2019 | Referred from Courts of Justice by voice vote |
| House | Dec 21, 2018 | Prefiled and ordered printed; offered 01/09/19 19102819D |
| House | Dec 21, 2018 | Referred to Committee for Courts of Justice |
Texts
| Type | Date | State Link | Text |
| Prefiled | Dec 21, 2018 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| There are no amendments to this bill at this time | |||||
Votes - Click on description to view vote roll call
| Description | Vote Date | Yea Votes | Nay Votes | No Votes | Absent | Passed |
| House: Subcommittee recommends passing by indefinitely (4-Y 2-N) | 01/17/2019 | 4 | 2 | 1 | 0 | Yes |
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| resort votes by: party yeas nays name | ||||||
Link: link to state bill page
