Passed Virginia Firearm Legislation SB684
Legislation Overview
Title: Firearms; mental health as disqualifier for possession, etc.
Description: Involuntary commitment and restoration of firearm rights. Responds to the holding in Paugh v. Henrico Area Mental Health and Developmental Services, Record No. 121562 (2013), in which the Supreme Court of Virginia held that on appeal by trial de novo in circuit court of an order of involuntary commitment by a district court, upon the circuit court's finding that the appellant no longer meets the criteria for involuntary commitment, the proper remedy is dismissal of the Commonwealth's petition for involuntary commitment, thereby rendering the original commitment order a nullity. As such, because the original petition would in effect never have existed, forfeiture of the right to possess a firearm as required by § 18.2-308.1:3 upon involuntary commitment would no longer be in effect. Section 18.2-308.1:3 requires that a person who has been involuntarily committed and seeks to have his firearm rights restored petition a district court for restoration of his firearm rights. The ruling in Paugh, by requiring dismissal of the original petition for commitment, removes that requirement even though on the date of the original commitment hearing the person did meet the criteria for commitment and was, in fact, involuntarily committed. The bill provides that, notwithstanding the outcome of any appeal (trial de novo on the petition for commitment) taken pursuant to § 37.2-821 or § 16.1-345.6, the appellant shall be required to seek restoration of his firearm rights. The bill also provides that, upon a finding by the circuit court that the appellant no longer meets the criteria for involuntary commitment or mandatory outpatient treatment, the court shall reverse the order of the district court but shall not dismiss the Commonwealth's petition. As a consequence of these changes, a person who is involuntarily committed would be required to petition for restoration of his firearm rights notwithstanding the reversal of the commitment order by a circuit court.
Session: 2020 Regular Session
Last Action: Governor: Acts of Assembly Chapter text (CHAP1175)
Last Action Date: April 11, 2020
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'.
1 sponsors: Monty Mason (D);
Percentage of Senate sponsoring bill: 3% (1 of 40)
History
| Chamber | Date | Action |
| Apr 11, 2020 | Governor: Acts of Assembly Chapter text (CHAP1175) | |
| Apr 11, 2020 | Governor: Approved by Governor-Chapter 1175 (effective 7/1/20) | |
| Senate | Mar 12, 2020 | Enrolled Bill Communicated to Governor on March 12, 2020 |
| Mar 12, 2020 | Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020 | |
| House | Mar 6, 2020 | Signed by Speaker |
| Senate | Mar 6, 2020 | Enrolled |
| Senate | Mar 6, 2020 | Bill text as passed Senate and House (SB684ER) |
| Senate | Mar 6, 2020 | Signed by President |
| Senate | Mar 2, 2020 | House substitute agreed to by Senate (38-Y 2-N) |
| Senate | Mar 2, 2020 | Title replaced 20108753D-H1 |
| House | Feb 27, 2020 | VOTE: Passage (95-Y 3-N) |
| House | Feb 27, 2020 | Read third time |
| House | Feb 27, 2020 | Passed by temporarily |
| House | Feb 27, 2020 | Committee substitute agreed to 20108753D-H1 |
| House | Feb 27, 2020 | Engrossed by House as amended SB684H1 |
| House | Feb 27, 2020 | Passed House with substitute (95-Y 3-N) |
| House | Feb 26, 2020 | Read second time |
| House | Feb 24, 2020 | Reported from Courts of Justice with substitute (22-Y 0-N) |
| House | Feb 24, 2020 | Committee substitute printed 20108753D-H1 |
| House | Feb 19, 2020 | Subcommittee recommends reporting with substitute (7-Y 0-N) |
| House | Feb 18, 2020 | Assigned Courts sub: Criminal |
| House | Feb 12, 2020 | Placed on Calendar |
| House | Feb 12, 2020 | Referred to Committee for Courts of Justice |
| House | Feb 12, 2020 | Read first time |
| Senate | Feb 6, 2020 | Read third time and passed Senate (39-Y 1-N) |
| Senate | Feb 5, 2020 | Read second time and engrossed |
| Senate | Feb 4, 2020 | Constitutional reading dispensed (40-Y 0-N) |
| Senate | Feb 3, 2020 | Reported from Judiciary (13-Y 0-N 1-A) |
| Senate | Jan 7, 2020 | Referred to Committee on the Judiciary |
| Senate | Jan 7, 2020 | Prefiled and ordered printed; offered 01/08/20 20104751D |
Texts
| Type | Date | State Link | Text |
| Chaptered | Apr 11, 2020 | state link | bill text |
| Enrolled | Mar 6, 2020 | state link | bill text |
| Comm Sub | Feb 24, 2020 | state link | bill text |
| Prefiled | Jan 7, 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 |
| Senate: Reported from Judiciary (13-Y 0-N 1-A) | 02/3/2020 | 13 | 0 | 0 | 1 | Yes |
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| Senate: Constitutional reading dispensed (40-Y 0-N) | 02/4/2020 | 39 | 0 | 0 | 0 | Yes |
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| Senate: Read third time and passed Senate (39-Y 1-N) | 02/6/2020 | 38 | 1 | 0 | 0 | Yes |
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| House: Subcommittee recommends reporting with substitute (7-Y 0-N) | 02/19/2020 | 6 | 0 | 1 | 0 | Yes |
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| House: Reported from Courts of Justice with substitute (22-Y 0-N) | 02/24/2020 | 21 | 0 | 0 | 0 | Yes |
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| House: VOTE: Passage (95-Y 3-N) | 02/27/2020 | 94 | 3 | 2 | 0 | Yes |
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| Senate: House substitute agreed to by Senate (38-Y 2-N) | 03/2/2020 | 37 | 2 | 0 | 0 | Yes |
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| resort votes by: party yeas nays name | ||||||
Link: link to state bill page
