Passed Virginia Firearm Legislation HB674
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 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.
Session: 2020 Regular Session
Last Action: Governor: Acts of Assembly Chapter text (CHAP0887)
Last Action Date: April 8, 2020
Companion Bill: SB240
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'.
8 sponsors: Richard Sullivan (D); Dan Helmer (D); Chris Hurst (D); Alfonso Lopez (D); Betsy Carr (D); Eileen Filler-Corn (D); Mark Levine (D); Kathleen Murphy (D);
Percentage of House Of Delegates sponsoring bill: 8% (8 of 100)
History
| Chamber | Date | Action |
| Apr 8, 2020 | Governor: Acts of Assembly Chapter text (CHAP0887) | |
| Apr 8, 2020 | Governor: Approved by Governor-Chapter 887 (effective 7/1/20) | |
| Mar 12, 2020 | Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020 | |
| House | Mar 12, 2020 | Enrolled Bill communicated to Governor on March 12, 2020 |
| House | Mar 6, 2020 | Signed by Speaker |
| Senate | Mar 6, 2020 | Signed by President |
| House | Mar 5, 2020 | Bill text as passed House and Senate (HB674ER) |
| House | Mar 5, 2020 | Enrolled |
| House | Mar 2, 2020 | Senate substitute agreed to by House 20108857D-S1 (52-Y 48-N) |
| House | Mar 2, 2020 | VOTE: Adoption (52-Y 48-N) |
| House | Mar 2, 2020 | Placed on Calendar |
| Senate | Feb 27, 2020 | Passed by temporarily |
| Senate | Feb 27, 2020 | Read third time |
| Senate | Feb 27, 2020 | Engrossed by Senate - committee substitute HB674S1 |
| Senate | Feb 27, 2020 | Passed Senate with substitute (20-Y 20-N) |
| Senate | Feb 27, 2020 | Chair votes Yes |
| Senate | Feb 26, 2020 | Read third time |
| Senate | Feb 26, 2020 | Reading of substitute waived |
| Senate | Feb 26, 2020 | Committee substitute agreed to 20108857D-S1 |
| Senate | Feb 26, 2020 | Passed by for the day |
| Senate | Feb 25, 2020 | Constitutional reading dispensed (39-Y 0-N) |
| Senate | Feb 24, 2020 | Committee substitute printed 20108857D-S1 |
| Senate | Feb 24, 2020 | Reported from Judiciary with substitute (9-Y 6-N) |
| Senate | Jan 31, 2020 | Referred to Committee on the Judiciary |
| Senate | Jan 31, 2020 | Constitutional reading dispensed |
| House | Jan 30, 2020 | Read third time and passed House (52-Y 46-N) |
| House | Jan 30, 2020 | VOTE: Passage (52-Y 46-N) |
| House | Jan 29, 2020 | Engrossed by House |
| House | Jan 29, 2020 | Pending question ordered |
| House | Jan 29, 2020 | Passed by temporarily |
| House | Jan 29, 2020 | Read second time |
| House | Jan 28, 2020 | Read first time |
| House | Jan 24, 2020 | Reported from Public Safety (13-Y 9-N) |
| House | Jan 6, 2020 | Prefiled and ordered printed; offered 01/08/20 20104741D |
| House | Jan 6, 2020 | Referred to Committee on Public Safety |
Texts
| Type | Date | State Link | Text |
| Chaptered | Apr 8, 2020 | state link | bill text |
| Enrolled | Mar 5, 2020 | state link | bill text |
| Comm Sub | Feb 24, 2020 | state link | bill text |
| Prefiled | Jan 6, 2020 | 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: Reported from Public Safety (13-Y 9-N) | 01/24/2020 | 13 | 9 | 0 | 0 | Yes |
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| House: VOTE: Passage (52-Y 46-N) | 01/30/2020 | 52 | 45 | 2 | 0 | Yes |
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| Senate: Reported from Judiciary with substitute (9-Y 6-N) | 02/24/2020 | 9 | 6 | 0 | 0 | Yes |
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| Senate: Constitutional reading dispensed (39-Y 0-N) | 02/25/2020 | 38 | 0 | 1 | 0 | Yes |
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| Senate: Passed Senate with substitute (20-Y 20-N) | 02/27/2020 | 19 | 20 | 0 | 0 | No |
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| House: VOTE: Adoption (52-Y 48-N) | 03/2/2020 | 52 | 47 | 0 | 0 | Yes |
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| resort votes by: party yeas nays name | ||||||
Link: link to state bill page
