Proposed Virginia Firearm Legislation
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note: Legislation carries over from even-numbered to odd-numbered years. When a bill is carried over, legislators have until early December to consider and vote on the legislation. All bills considered for carryover must have been in a committee at sine die, and addressed and passed by the committee by the December deadline.
Title: Prohibited public carrying of certain firearms in public areas; penalty.
Description: Prohibited carrying of certain firearms in public areas; penalty. Prohibits the carrying of a loaded shotgun or rifle in places open to the public in certain cities and counties. Current law prohibits the carrying in such locations of certain loaded firearms with high capacity magazines, silencers, or folding stock, or a loaded shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered. The bill adds the City of Roanoke to the list of cities in which the carrying of such firearms is prohibited.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: School security officers; employment by private or religious schools, carrying a firearm.
Description: School security officers; employment by private or religious schools; carrying a firearm in performance of duties. Allows private or religious schools to employ a school security officer and to authorize a school security officer to carry a firearm in the performance of his duties, subject to the same criteria for carrying a firearm in the performance of his duties imposed on a school security officer employed by the local school board. The bill also updates the definition of school security officer in the assault and battery statute.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0120)
Last Action Date: February 21, 2019
Title: Manufacture, import, sale, transfer, or possession of undetectable firearms; penalty.
Description: Manufacture, import, sale, transfer, or possession of undetectable firearms; penalty. Creates a Class 5 felony for any person who manufactures, imports, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, defined in the bill, is not detectable as a firearm by the types of detection devices, including X-ray machines, commonly used at airports for security screening. The bill also updates language regarding the types of detection devices that are used at airports for detecting plastic firearms.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: Pawnbrokers; amends definition to only include natural persons.
Description: Definition of pawnbrokers. Amends the definition of "pawnbroker" to only include natural persons. Under current law, a person, defined to include corporations, partnerships, associations, cooperatives, limited liability companies, trusts, joint ventures, governments, political subdivisions, or any other legal or commercial entities and any successor, representative, agent, agency, or instrumentality thereof, may become a licensed pawnbroker. The bill provides that counties, cities, or towns may choose to extend the license of a pawnbroker who is not a natural person for a period of up to one year.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0238)
Last Action Date: March 5, 2019
Title: Alcoholic beverage control; possession or consumption of alcoholic beverages by interdicted persons.
Description: Alcoholic beverage control; interdiction; possession or consumption of alcoholic beverages by interdicted persons; repeal. Repeals provisions allowing for a court to enter an order of interdiction prohibiting the sale of alcoholic beverages to any person who has (i) been convicted of driving any automobile, truck, motorcycle, engine, or train while intoxicated; (ii) shown himself to be a habitual drunkard; (iii) been found guilty of the illegal manufacture, possession, transportation, or sale of alcoholic beverages; or (iv) been found guilty of maintaining a common nuisance. The bill also repeals provisions making it a Class 1 misdemeanor for (a) any person to sell alcoholic beverages to any individual when at the time of such sale he knows or has reason to believe that the individual to whom the sale is made is interdicted, (b) any person to purchase alcoholic beverages for another person when at the time of such purchase he knows or has reason to believe that the person for whom the alcoholic beverage is purchased is interdicted, or (c) any person who has been interdicted to possess any alcoholic beverages or be drunk in public. The bill contains technical amendments.
Last Action: Left in Courts of Justice
Last Action Date: February 5, 2019
Title: Firearms; libraries owned or operated by localities.
Description: Control of firearms; libraries owned or operated by localities. Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components or a combination thereof in libraries owned or operated by the locality.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: Concealed handgun permits; demonstration of competence.
Description: Concealed handgun permits; demonstration of competence. Removes the option for concealed handgun permit applicants to demonstrate competence with a handgun by completing an electronic, video, or online course conducted by a state-certified or National Rifle Association-certified firearms instructor. The bill does not affect any in-person means of satisfying the requirement to demonstrate competence with a handgun under current law.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: Firearms, etc.; permitted events.
Description: Control of firearms; permitted events. Authorizes any locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in a public space during a permitted event or an event that would otherwise require a permit. The bill contains technical amendments.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: Localities; regulation of firearms in government buildings.
Description: Localities; regulation of firearms in government buildings. Allows localities and authorized agents of such localities to regulate the possession of firearms, ammunition, or components or combination thereof in, or the carrying of such items into, any building owned or used by such locality for governmental purposes. The bill also removes the prohibition against a locality regulating the purchase, transfer, ownership, carrying, storage, or transporting of such items. Current law prohibits localities from adopting or enforcing any ordinance, resolution, or motion regarding firearms, ammunition, or components or combination thereof, except workplace rules relating to terms and conditions of employment of the workforce or unless such ordinance, resolution, or motion is expressly authorized by statute.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: Action against parents for minor knowingly possessing on school property, civil liability.
Description: Action against parents for minor knowingly possessing a firearm on school property; civil liability. Creates a civil cause of action against the parent, guardian, legal custodian, or other person standing in loco parentis of a minor for injury to the person or property of another or for wrongful death resulting from the minor knowingly possessing a firearm on school property if it can be shown by clear and convincing evidence that the minor came into possession of such firearm because of the failure of the civil defendant to reasonably secure the firearm. The bill provides that any recovery from the parent, guardian, legal custodian, or other person standing in loco parentis of such minor shall not preclude full recovery from such minor, except to the amount of recovery from such parent, guardian, legal custodian, or other person standing in loco parentis.
Last Action: Left in Courts of Justice
Last Action Date: February 5, 2019
Title: Firearms, stolen; creates and enhances penalties.
Description: Stolen firearms; penalties. Creates or enhances penalties for crimes related to larceny of a firearm or use of a stolen firearm during the commission of a felony. The bill provides that it is (i) a Class 3 felony with a five-year mandatory minimum sentence to commit larceny of a firearm with the intent to sell or distribute and (ii) a Class 5 felony with a two-year mandatory minimum sentence to sell or distribute, attempt to sell or distribute, or possess with the intent to sell or distribute a stolen firearm. The bill adds a one-year mandatory minimum sentence to the crime of receiving a stolen firearm, which is a Class 6 felony. Finally, the bill increases the mandatory minimum sentences for possession of a firearm during the commission of a felony, if such firearm was stolen, from three years to five years for a first offense and from five years to 10 years for a second or subsequent offense.
Last Action: Left in Courts of Justice
Last Action Date: February 5, 2019
Title: Retail Sales and Use Tax; exemption for certain gun safes.
Description: Sales tax exemption; gun safes. Establishes an exemption from retail sales tax for a gun safe with a selling price of $1,000 or less. The bill defines a gun safe as a safe or vault that is (i) commercially available, (ii) secured with a digital or dial combination locking mechanism or biometric locking mechanism, and (iii) designed for the storage of a firearm or of ammunition for use in a firearm. Under the bill, a gun safe does not include a glass-faced cabinet.
Last Action: Left in Finance
Last Action Date: February 5, 2019
Title: Protective orders; issuance upon convictions for certain felonies, penalty.
Description: Protective orders; issuance upon convictions for certain felonies; penalty. Authorizes a court to issue a protective order upon convicting a defendant for a felony offense of (i) violating a protective order, (ii) homicide, (iii) kidnapping, (iv) assaults and bodily woundings, (v) extortion, or (vi) criminal sexual assault. The bill provides that the duration of such protective order can be for any period of time, including up to the lifetime of the defendant, that the court deems necessary to protect the health and safety of the victim and may only prohibit (a) acts of family abuse or of violence, force, or threat against the victim or criminal offenses that may result in injury to the person or property of the victim and (b) such contacts by the defendant with the victim as the court deems necessary for the health or safety of the victim. The bill provides that a violation of a protective order issued upon conviction of one of the enumerated offenses is punishable as contempt of court or in the same manner as criminal violations of other protective orders are punished.
Last Action: Left in Courts of Justice
Last Action Date: February 5, 2019
Title: Firearms; possession or transportation following convictions for certain misdemeanor crimes.
Description: Possession or transportation of firearms following convictions for certain misdemeanor crimes; restoration of rights; penalty. Prohibits a person who has been convicted of assault and battery when the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color, or national origin from possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crimes may petition the circuit court for a reinstatement of his right to possess or transport a firearm.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: Nonresident concealed handgun permits; time of issuance.
Description: Nonresident concealed handgun permits; time of issuance. Requires the Department of State Police (Department) to issue a concealed handgun permit to a nonresident within 90 days of receipt of the nonresident's completed application unless it determines that he is disqualified. The bill provides that the Department shall certify the nonresident's application as a de facto concealed handgun permit, which is effective for a period of 90 days after issuance, if the Department has not issued the permit or determined that the nonresident is disqualified within that 90-day period. The bill has a delayed effective date of October 1, 2019.
Last Action: House sustained Governor's veto
Last Action Date: April 3, 2019
Title: Firearms; allowing access by minors, penalty.
Description: Allowing access to firearms by minors; penalty. Provides that any person who negligently leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: Licensed or voluntarily registered family day homes; storage of firearms.
Description: Licensed or voluntarily registered family day homes; storage of firearms. Requires that firearms, other weapons, and ammunition in a licensed or voluntarily registered family day home be stored in a locked closet, cabinet, or container during the family day home's hours of operation unless they are being lawfully carried on an individual's person. The bill requires that such firearms and weapons be stored unloaded and apart from ammunition and that the key or combination to such locked storage places be maintained out of reach of all children in the family day home.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: Firearms; transfer, criminal history record check delay.
Description: Transfer of firearms; criminal history record check delay; penalty. Increases from the end of the next business day to within five business days the time in which State Police must advise a dealer if its records indicate that a firearms buyer or transferee is prohibited from possessing or transporting a firearm and the time after which a dealer may complete the sale or transfer without a response from the State Police. The bill removes the option in current law that a dealer may immediately complete the sale or transfer if he is advised by the State Police that a response will not be available within the required timeframe.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: Firearm transfers; criminal history record information checks, penalty.
Description: Firearm transfers; criminal history record information Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill also provides that a transferee who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buy-back or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: Firearms magazines and firearms, certain; prohibition of sale, transfer, etc., penalties.
Description: Prohibition of sale, transfer, etc., of certain firearms magazines and firearms; penalties. Prohibits any person from importing, selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 1 misdemeanor. The bill prohibits a person from carrying a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place; under existing law, this prohibition applies only in certain localities and also to assault firearms. The bill redefines "assault firearm" by reducing the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" from more than 20 to more than 10 and prohibits any person from knowingly and intentionally possessing or transporting any assault firearm or from knowingly and intentionally carrying about his person, hidden from common observation, an assault firearm. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory such an assault firearm to any person.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: Protective orders; possession of firearms, penalties.
Description: Protective orders; possession of firearms; penalties. Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) for subjecting another person to an act of violence, force, or threat to possess a firearm while the order is in effect. This penalty is equivalent to the existing penalty for possession of a firearm by a person subject to a permanent protective order for family abuse. The bill also provides that such person may continue to possess and transport a firearm for 24 hours after being served with the order for the purposes of selling or transferring the firearm to another person. The bill requires that any person who is prohibited from possessing a firearm because he is subject to a permanent protective order certify in writing to the clerk of the court that issued the order within 48 hours after being served with the order that any firearm in his possession has been sold or transferred. The bill provides that failure to file such certification is a Class 1 misdemeanor.
Last Action: Left in Courts of Justice
Last Action Date: February 5, 2019
Title: Felons; restoration of firearms rights, report to State Police.
Description: Restoration of firearms rights; report to State Police. Creates a method whereby circuit courts shall report to the Department of State Police the issuance of a restoration order that unconditionally authorizes the possession, transportation, or carrying of a firearm to a person (i) who has been convicted of a felony; (ii) adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder, kidnapping, robbery by the threat or presentation of firearms, or rape; or (iii) under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act that would be a felony if committed by an adult. The bill provides that if a court enters an order restoring a felon's right, the order shall contain the felon's name and date of birth and the clerk of the court shall certify and forward the restoration order accompanied by a complete set of the petitioner's fingerprints to the Central Criminal Records Exchange (CCRE). The bill provides that the Department of State Police, upon receipt of the restoration order, shall enter the felon's name and description in the CCRE so that law-enforcement personnel accessing the CCRE will be aware of the order's existence. The bill has a delayed effective date of January 1, 2021.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0203)
Last Action Date: March 5, 2019
Title: Handguns; limitation on purchases, penalty.
Description: Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: School security officers; employment, law-enforcement officers previously employed by the U.S.
Description: Employment of school security officers; law-enforcement officers previously employed by the United States or any state or political subdivision thereof; carrying a firearm in performance of duties. Allows a school security officer to carry a firearm in the performance of his duties if, within 10 years immediately prior to being hired by the local school board, he was employed by a law-enforcement agency of the United States or any state or political subdivision thereof and his duties were substantially similar to those of a law-enforcement officer in the Commonwealth. Under current law, only a school security officer who was an active law-enforcement officer in the Commonwealth within 10 years immediately prior to being hired by the local school board may qualify to carry a firearm in the performance of his duties. The bill also provides that the Department of Criminal Justice Services' duty to establish minimum training standards and other requirements for school security officers includes establishing minimum training standards and requirements for school security officers previously employed by a law-enforcement agency of the United States or any state or political subdivision thereof.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0493)
Last Action Date: March 18, 2019
Title: Handgun and assault firearm transfers; criminal history record checks, age requirement, penalty.
Description: Handgun and assault firearm transfers; criminal history record checks; age requirement; penalty. Provides that to purchase a handgun or an assault firearm from a licensed firearm dealer, a person must (i) be age 21 or older, (ii) have attained age 18 by July 1, 2019, or (iii) be 18, 19, or 20 and have received a high school diploma, have passed a high school equivalency examination approved by the Board of Education, or be a member of the Armed Forces of the United States or the National Guard of the Commonwealth or any other state and must consent in writing to have the dealer obtain criminal history record information. The bill also redefines "assault firearm" as the term applies to firearm transfers by licensed firearm dealers by reducing from more than 20 to more than 10 the number of rounds of ammunition that a firearms magazine for such firearm will hold in order to be defined as an "assault firearm."
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: Gun Violence Awareness Day; designating as June 1, 2020, and each succeeding year thereafter.
Description: Gun Violence Awareness Day. Designates June 1, in 2020 and in each succeeding year, as Gun Violence Awareness Day in Virginia.
Last Action: Referred to Committee on Militia, Police and Public Safety
Last Action Date: July 5, 2019
Title: Concealed handguns; carrying with a permit by employees of any agency of the Commonwealth, etc.
Description: Carrying concealed handgun with a permit; employees of any agency of the Commonwealth or political subdivision thereof. Provides that, notwithstanding any other provision of law or any rule, regulation, or workplace policy to the contrary, an employee of any agency of the Commonwealth or a political subdivision thereof with a valid concealed handgun permit may possess or carry a concealed handgun at his workplace. The bill also provides that any agency of the Commonwealth or a political subdivision thereof may prohibit employees from possessing or carrying a concealed handgun at the workplace only if such agency or political subdivision has employed law-enforcement officers or armed security officers to provide protection at such workplace.
Last Action: Tabled in Militia, Police and Public Safety with letter to Crime Commission (12-Y 9-N)
Last Action Date: July 9, 2019
Title: Firearms; removal from persons posing substantial risk, penalties.
Description: Firearms; removal from persons posing substantial risk; 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 search warrant to remove firearms from such person. 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 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. The bill creates a computerized substantial risk order registry for the entry of orders issued pursuant to provisions in the bill. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and programs impacted by the
Last Action: Tabled in Militia, Police and Public Safety with letter to Crime Commission (12-Y 9-N)
Last Action Date: July 9, 2019
Title: General Assembly; limits legislation during 2019 Sp. Session I and establishes conduct of business.
Description: Limiting legislation to be considered by the 2019 Special Limiting legislation to be considered by the 2019 Special Session I of the General Assembly and establishing a schedule for the conduct
Last Action: Bill text as passed House and Senate (HJ4003ER)
Last Action Date: July 9, 2019
Title: Handguns; limitation on purchases, exceptions, penalty.
Description: Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and makes such an offense a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, and (vi) purchases of antique firearms. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and programs impacted by the bill.
Last Action: Tabled in Militia, Police and Public Safety with letter to Crime Commission (12-Y 9-N)
Last Action Date: July 9, 2019
Title: Firearms, ammunition, etc.; control by localities by governing possession, etc., within locality.
Description: Control of firearms by localities. Grants localities authority to adopt or enforce an ordinance, resolution, or motion, governing the possession, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof in the locality. Various provisions limiting such authority are repealed. Provisions limiting the authority of localities and state governmental entities to bring lawsuits against certain firearms manufacturers and others are also repealed.
Last Action: Tabled in Militia, Police and Public Safety with letter to Crime Commission (12-Y 9-N)
Last Action Date: July 9, 2019
Title: Gun violence in communities; Joint Legislative Audit and Review Commission to study effects.
Description: Study; JLARC; effects of gun violence on communities; report. Directs the Joint Legislative Audit and Review Commission to study the social, physical, emotional, and economic effects of gun violence on communities across the Commonwealth.
Last Action: Referred to Committee for Courts of Justice
Last Action Date: July 19, 2019
Title: Firearms; allowing access to minors, penalty.
Description: Allowing access to firearms by minors; penalty. Provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and programs impacted by the bill.
Last Action: Tabled in Militia, Police and Public Safety with letter to Crime Commission (12-Y 9-N)
Last Action Date: July 9, 2019
Title: Firearms, ammunition, etc.; control by localities in local government buildings.
Description: Control of firearms; local government buildings. Authorizes a locality to adopt an ordinance prohibiting firearms, ammunition, or components or combination thereof in any building owned or used by such locality for governmental purposes. Such ordinance must include a provision for security measures designed to reasonably prevent unauthorized access of such building by a person with a firearm, ammunition, or components or combination thereof. A locality must post notice of any such prohibition at all entrances of buildings used for governmental purposes.
Last Action: Tabled in Militia, Police and Public Safety with letter to Crime Commission (12-Y 9-N)
Last Action Date: July 9, 2019
Title: Concealed handgun permits; demonstration of competence.
Description: Concealed handgun permits; demonstration of competence. Removes the option for concealed handgun permit applicants to demonstrate competence with a handgun by completing an electronic, video, or online course conducted by a state-certified or National Rifle Association-certified firearms instructor. The bill does not affect any in-person means of satisfying the requirement to demonstrate competence with a handgun under current law.
Last Action: Tabled in Militia, Police and Public Safety with letter to Crime Commission (12-Y 9-N)
Last Action Date: July 9, 2019
Title: Protective orders; possession of firearms, surrender or transfer of firearms, penalty.
Description: Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Prohibits any person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) from knowingly possessing a firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order such person may continue to possess such firearm for the purposes of selling or transferring it to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this provision is a Class 6 felony. The bill provides that within 48 hours after selling or transferring all firearms, such person must certify in writing that all firearms possessed by such person have either been sold or transferred and file such certification with the clerk of the court that entered the protective order. The bill also provides that any person subject to a protective order who fails to certify in writing that all firearms possessed by such person have either been sold or transferred is guilty of a Class 1 misdemeanor. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and programs impacted by the bill.
Last Action: Tabled in Militia, Police and Public Safety with letter to Crime Commission (12-Y 9-N)
Last Action Date: July 9, 2019
Title: Stolen firearms; penalties.
Description: Stolen firearms; penalties. Creates or enhances penalties for crimes related to larceny of a firearm or use of a stolen firearm during the commission of a felony. The bill provides that it is (i) a Class 3 felony with a five-year mandatory minimum sentence to commit larceny of a firearm with the intent to sell or distribute and (ii) a Class 5 felony with a two-year mandatory minimum sentence to sell or distribute, attempt to sell or distribute, or possess with the intent to sell or distribute a stolen firearm. The bill adds a one-year mandatory minimum sentence to the crime of receiving a stolen firearm, which is a Class 6 felony. Finally, the bill increases the mandatory minimum sentences for possession of a firearm during the commission of a felony, if such firearm was stolen, from three years to five years for a first offense and from five years to 10 years for a second or subsequent offense.
Last Action: Tabled in Militia, Police and Public Safety with letter to Crime Commission (12-Y 9-N)
Last Action Date: July 9, 2019
Title: Firearms; reporting those lost or stolen, civil penalty.
Description: Reporting lost or stolen firearms; civil penalty. Requires that, if a firearm is lost or stolen from a person who lawfully possessed it, such person shall report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center. A violation is punishable by a civil penalty of not more than $250. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from the loss or theft. The immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.
Last Action: Tabled in Militia, Police and Public Safety with letter to Crime Commission (12-Y 9-N)
Last Action Date: July 9, 2019
Title: Firearm transfers; criminal history record information checks, penalty.
Description: Firearm transfers; criminal history record information Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill also provides that a transferee who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buy-back or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm may be transferred. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and
Last Action: Tabled in Militia, Police and Public Safety with letter to Crime Commission (12-Y 9-N)
Last Action Date: July 9, 2019
Title: Firearms; use or display when committing a felony, firearm silencer, penalty.
Description: Use or display of firearm in committing felony; firearm silencer; penalty. Provides that an additional two-year mandatory minimum term of imprisonment shall be imposed for use or display of a firearm in the commission of a felony if the firearm is equipped with a firearm silencer, as defined in the bill, at the time of the offense. The bill retains the current penalties for use or display of a firearm in the commission of a felony of a three-year mandatory minimum term of imprisonment for a first offense and a five-year mandatory minimum term of imprisonment for a second offense.
Last Action: Referred by voice vote with letter to Crime Commission
Last Action Date: July 9, 2019
Title: Firearms; purchase, possession, etc., by prohibited persons, surrender or transfer of firearms, etc.
Description: Purchase, possession, or transportation of firearms by Purchase, possession, or transportation of firearms by prohibited persons; surrender or transfer of firearms; penalties. Prohibits any person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) from knowingly possessing a firearm while the order is in effect, except that for a period of 24 hours after being served with the protective order such person may continue to possess and transport such firearm for the purposes of selling or transferring it to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this provision is a Class 6 felony. The bill also provides that a person subject to a permanent protection order or a protection order in cases of family abuse must certify in writing that all firearms possessed by such person have either been sold or transferred and file such certification, within 48 hours after being served with the protective order, with the clerk of the court that entered the protective order. A violation of this provision is a Class 1 misdemeanor. The bill also requires any person involuntarily admitted or ordered to mandatory outpatient treatment and certain subjects of temporary detention who subsequently agreed to be voluntarily admitted who are prohibited from purchasing, possessing, or transporting a firearm to certify in writing that any firearm possessed by such person has been sold or transferred and to file such certification, within 48 hours of being medically capable of filing such certification, with the clerk of the court that ordered such person be admitted to treatment. A violation of this provision is
Last Action: Tabled in Militia, Police and Public Safety with letter to Crime Commission (12-Y 9-N)
Last Action Date: July 9, 2019
Title: Assault firearms, certain firearm magazines, trigger activators, & silencers; prohibiting sale, etc.
Description: Prohibiting sale, transport, etc., of assault firearms, Prohibiting sale, transport, etc., of assault firearms, certain firearm magazines, trigger activators, and silencers; penalties. Expands the definition of "assault firearm" and prohibits any person from importing, selling, transferring, manufacturing, purchasing, possessing, or transporting an assault firearm. A violation is a Class 6 felony. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory an assault firearm to any person. The bill also prohibits a person from carrying a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place; under existing law, this prohibition applies only in certain localities. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, possess, or transport large-capacity firearm magazines, silencers, and trigger activators, all defined in the bill. Any person who legally owns an assault firearm, large-capacity firearm magazine, silencer, or trigger activator on November 1, 2019, may retain possession until July 1, 2020. During that time, such person shall (i) render the assault firearm, large-capacity firearm magazine, silencer, or trigger activator inoperable; (ii) remove the assault firearm, large-capacity firearm magazine, silencer, or trigger activator from the Commonwealth; (iii) transfer the assault firearm, large-capacity firearm magazine, silencer, or trigger activator to a person outside the Commonwealth who is not prohibited from possessing it; or (iv) surrender the assault firearm, large-capacity firearm magazine, silencer, or trigger activator to a state or local law-enforcement agency. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among
Last Action: Tabled in Militia, Police and Public Safety with letter to Crime Commission (12-Y 9-N)
Last Action Date: July 9, 2019
Title: Firearms; purchase, etc., prohibited when person voluntarily admitted to inpatient treatment.
Description: Purchase, possession, or transportation of firearm prohibited; person voluntarily admitted to inpatient treatment; penalties. Makes it a Class 1 misdemeanor for a person who has been voluntarily admitted to an inpatient treatment facility for treatment of schizophrenia or bipolar 1 disorder to purchase, possess, or transport a firearm and a Class 4 felony for a person to sell, barter, give, or furnish such person a firearm if he knows such person is prohibited from possessing a firearm. The bill provides a means by which such person may petition the court to have his right to purchase, possess, or transport a firearm restored. The bill also directs private providers, community services boards, and behavioral health authorities to report patient admissions for schizophrenia and bipolar 1 disorder to the Central Criminal Records Exchange and to advise the patient prior to voluntary admission that such admission will prohibit his ability to purchase, possess, or transport a firearm.
Last Action: Referred by voice vote with letter to Crime Commission
Last Action Date: July 9, 2019
Title: Protective orders; violation of provisions while armed with a firearm, penalty.
Description: Violation of provisions of protective orders while armed with a firearm; penalty. Provides that any person convicted of violating the provisions of a protective order while armed with a firearm shall be sentenced to a mandatory minimum term of imprisonment of three years for a first conviction and a mandatory minimum term of imprisonment of five years for a second or subsequent conviction. Under current law, such violation is punishable as a Class 6 felony with no mandatory minimum term of imprisonment.
Last Action: Referred by voice vote with letter to Crime Commission
Last Action Date: July 9, 2019
Title: Firearm transfers; criminal history record information check; illegal alien; notification.
Description: Firearm transfers; criminal history record information check; illegal alien; notification to local police department or sheriff's office. Provides that the form provided by the Department of State Police that must be filled out by any person purchasing a firearm from a dealer shall include any U.S.-issued alien or admission number and information on the person's citizenship, including country of citizenship, whether the person has ever renounced his United States citizenship, whether the person is an alien illegally or unlawfully in the United States, and whether the person is an alien who has been admitted to the United States under a nonimmigrant visa. The bill also states that if the person indicated on such form that he is an alien illegally or unlawfully in the United States, the State Police shall notify the local police department or sheriff's office where such person resides of the person's immigration status.
Last Action: Tabled in Militia, Police and Public Safety with letter to Crime Commission (12-Y 9-N)
Last Action Date: July 9, 2019
Title: Firearms; removal from persons under an emergency severe threat order of protection, penalties.
Description: Firearms; removal from persons under an emergency severe Firearms; removal from persons under an emergency severe threat order of protection; penalties. Creates a procedure by which any law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge in the jurisdiction where the subject of the petition resides for an emergency severe threat order of protection. The bill provides that such order may be issued upon a finding that there is probable cause to believe a person poses a significant danger of imminently causing death or serious physical injury to himself or others. The order allows a law-enforcement officer to take such person into custody and notify the respondent that a hearing will be held to determine if clear and convincing evidence exists that the respondent poses a significant danger of causing death or serious physical injury to himself or others. If the respondent declines to have a hearing, the law-enforcement officer shall transport the person to be evaluated by a person designated by the locality's community services board. The evaluation must be completed within 72 hours and a hearing held as soon as practicable after the court receives the evaluation results. If the court then finds by clear and convincing evidence that the respondent poses a significant danger of imminently causing death or serious physical injury to himself or others, the court must issue an emergency severe threat order of protection for up to 14 days. If an emergency severe threat order of protection is issued and the respondent possesses any firearms, the respondent must provide the court with the name of a responsible custodian to take possession of all firearms that the respondent possesses or the responsible custodian shall transfer them to a local law-enforcement agency or federally licensed firearms dealer. Seized firearms will be retained by a law-enforcement agency for the duration of an emergency severe threat order of protection. The bill provides that a person who is subject to an emergency severe threat order of protection, until such order has expired or been dissolved by a court, is guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; is 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
Last Action: Referred to Committee on Militia, Police and Public Safety
Last Action Date: July 9, 2019
Title: Concealed handgun; eligibility to carry openly within Commonwealth.
Description: Concealed handgun permits. Allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.
Last Action: Left in Finance
Last Action Date: November 30, 2018
Title: Stun weapons; prohibits possession on school property, exemptions.
Description: Prohibition on possession of stun weapon on school property; exemptions. Allows the holder of a valid concealed handgun permit to possess a stun weapon on school property while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school. The bill also allows a stun weapon to be stored in a closed container in a motor vehicle while such vehicle is on school property.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0693)
Last Action Date: April 6, 2020
Title: Concealed handgun permit; extends expiration date.
Description: Concealed handgun permit; expiration date. Extends from five to 15 years the validity of a concealed handgun permit.
Last Action: Left in Finance
Last Action Date: November 30, 2018
Title: Firearms in locked vehicles; immunity from liability.
Description: Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may (i) prohibit a person who lawfully possesses a firearm from storing that firearm or ammunition for a firearm in a locked motor vehicle, (ii) take any adverse employment action against an employee or contractor for lawfully storing a firearm or ammunition for a firearm in a locked motor vehicle, or (iii) search an employee's or contractor's motor vehicle or require that an employee or contractor consent to such a search as a condition of employment. The bill allows a person to petition a circuit court for an injunction to enforce his right to lawfully store a firearm or ammunition for a firearm in a locked motor vehicle. The bill provides immunity for any person, property owner, tenant, employer, or business owner in a civil action for any occurrence resulting from the use of a lawfully stored firearm or ammunition for a firearm. The provisions of the bill do not apply to (a) property owned or controlled by the federal government, (b) vehicles on property controlled by an employer required to develop and implement a security plan under federal law or regulation, (c) property on which a person is prohibited by law from possessing a firearm, (d) vehicles owned or leased by an employer or business entity and used by an employee or contractor in the course of his employment, or (e) personal vehicles while such vehicles are being used for the transport of consumers of programs licensed by the Department of Behavioral Health and Developmental Services.
Last Action: Left in Courts of Justice
Last Action Date: November 30, 2018
Title: Absentee voting; eligibility of persons whose polling place prohibits firearms.
Description: Absentee voting; eligibility of persons whose polling place prohibits firearms. Entitles any person who may otherwise lawfully carry a firearm to vote absentee if his polling place is located in a building or on property where such possession is prohibited by law or is prohibited by the owner of the private property.
Last Action: Left in Privileges and Elections
Last Action Date: November 30, 2018
Title: Marijuana; decriminalization of simple possession, penalty.
Description: Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $50 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that the suspended sentence/substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations or to civil violations by a juvenile. The bill provides that a court may suspend a driver's license for a civil violation committed by an adult. A civil violation will be treated as a conviction for prohibitions on the purchase or transport of a handgun and disqualification for a concealed handgun permit.
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 9-N)
Last Action Date: January 21, 2019
Title: Firearms; mechanical devices designed to increase rate of fire, penalty.
Description: Mechanical devices designed to increase the rate of fire of firearms; penalty. Prohibits the manufacture, import, sale or offer to sell, possession, transfer, or transportation of a trigger activator, which includes a trigger crank or bump-fire device, that is designed to increase the rate of fire of a semiautomatic rifle but does not convert the semiautomatic rifle into a machine gun. A violation is punishable as a Class 1 misdemeanor for a first or second offense and a Class 6 felony for a third or subsequent offense of this or certain other firearms offenses.
Last Action: Stricken at the request of Patron in Courts of Justice (14-Y 0-N)
Last Action Date: January 16, 2019
Title: Firefighters, emergency medical services personnel, etc.; carrying a concealed weapon.
Description: Carrying a concealed handgun; firefighters and
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 24, 2019
Title: Handguns; limitation on purchases, penalty.
Description: Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.
Last Action: Failed to report (defeated) in Courts of Justice (5-Y 9-N)
Last Action Date: January 16, 2019
Title: Protective orders; possession of firearms, penalty.
Description: Protective orders; possession of firearms; penalty. Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) for subjecting another person to an act of violence, force, or threat to possess a firearm while the order is in effect, which is equivalent to the existing penalty for possession of a firearm by a person subject to a permanent protective order for family abuse. The bill also provides that such person may continue to possess and transport a firearm for 24 hours after being served with the order for the purposes of selling or transferring the firearm to another person.
Last Action: Left in Finance
Last Action Date: February 6, 2019
Title: Firearms; use in commission of crime, civil liability for negligent gun storage.
Description: Use of firearm in commission of crime; civil liability. Provides that a person may be held civilly liable for injury to the person or property of another or for wrongful death resulting from the use of a firearm in the commission of a crime if it can be shown by clear and convincing evidence that the firearm came into the possession of the person who committed the crime because of the failure of the civil defendant to reasonably secure the firearm from theft or unauthorized possession. The bill provides that a civil defendant exercising the ordinary standard of care for securing firearms will not be held civilly liable.
Last Action: Passed by indefinitely in Courts of Justice (11-Y 4-N)
Last Action Date: January 16, 2019
Title: School resource officers; compulsory minimum training standards.
Description: Department of Criminal Justice Services; school resource officers; school administrators; training. Requires the Department of Criminal Justice Services (Department) to establish, and every full-time or part-time law-enforcement officer employed as a school resource officer after July 1, 2020, to comply with, compulsory minimum training standards for law-enforcement officers serving as school resource officers. The bill requires the training provided by the Department pursuant to such standards to be specific to the role and responsibility of a law-enforcement officer working with students in a school environment and to be available throughout the Commonwealth. The bill requires each school board to ensure that every public school it supervises employs at least one school administrator who has completed, either in-person or online, school safety training for public school personnel conducted by the Virginia Center for School and Campus Safety, unless such training is not available online. This bill is identical to HB 2609.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0488)
Last Action Date: March 18, 2019
Title: Carrying a concealed handgun; permit not required.
Description: Concealed handgun permits. Allows any person who is otherwise eligible to obtain a resident concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.
Last Action: Read third time and defeated by Senate (18-Y 19-N)
Last Action Date: January 28, 2019
Title: Firearm transfers; criminal history record information checks, age requirement, penalty.
Description: Firearm transfers; criminal history record information checks; age requirement; penalty. Provides that a person must be age 21 or older, or must have attained age 18 by July 1, 2019, to purchase a firearm. The bill requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors of firearms to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and transfers the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust when the firearm is property of such estate or trust; (iv) at firearms shows in accordance with law; (v) that occur under a voluntary gun buyback or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary and (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.
Last Action: Passed by indefinitely in Courts of Justice (9-Y 6-N)
Last Action Date: January 16, 2019
Title: Firearms; trigger activators designed to increase the rate of fire, prohibition, penalty.
Description: Trigger activators designed to increase the rate of fire of firearms; prohibition; penalty. Prohibits the manufacture, importation, sale or offer to sell, possession, transfer, or transportation of a trigger activator, which includes a trigger crank or bump-fire device, that is designed to increase the rate of fire of a semiautomatic rifle but does not convert the semiautomatic rifle into a machine gun. A violation is punishable as a Class 6 felony.
Last Action: Left in Finance
Last Action Date: February 6, 2019
Title: Firearm transfers; criminal history record information checks, penalty.
Description: Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors of firearms to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buyback or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 9-N)
Last Action Date: January 21, 2019
Title: Concealed handgun permit; application for a resident permit by a member of U.S. Armed Forces.
Description: Application for a resident concealed handgun permit; United States Armed Forces. Provides that for purposes of determining domicile to obtain a resident concealed handgun permit a member of the United States Armed Forces is domiciled in the county or city where such member claims his home of record with the United States Armed Forces. The bill clarifies that a member of the United States Armed Forces who is stationed outside of the Commonwealth but domiciled in the Commonwealth may apply for a resident concealed handgun permit.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0624)
Last Action Date: March 19, 2019
Title: School protection officers; definition, compulsory minimum training standards.
Description: School protection officers; minimum training standards; exemption. Defines a school protection officer as a retired law-enforcement officer hired on a part-time basis by the local law-enforcement agency to provide limited law-enforcement and security services to Virginia public elementary and secondary schools. The bill also provides that the Department of Criminal Justice Services shall establish compulsory minimum training standards for all persons employed as school protection officers and that such training may be provided by the employing law-enforcement agency and shall be graduated and based on the type of duties to be performed.
Last Action: VOTE: DEFEATED (44-Y 46-N)
Last Action Date: February 19, 2019
Title: School resource officers; training and certification, memoranda of understanding.
Description: School resource officers; training and certification; memoranda of understanding. Requires each school resource officer to be trained and certified by the Virginia Center for School and Campus Safety. The bill expands the topics on which school security officers are required to be trained. The bill also requires any school board that agrees to place school resource officers in any school in the school division and the relevant local law-enforcement agency to establish and annually review and update a memorandum of understanding (MOU) governing the use and duties of school resource officers, and ensure that all relevant parties receive initial and ongoing training on the contents of such MOU.
Last Action: Incorporated by Education and Health
Last Action Date: January 31, 2019
Title: Firearms; chambers of local governing bodies.
Description: Control of firearms; chambers of local governing bodies. Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components or a combination thereof at any regular or special meeting of its local governing body, provided that notice of such prohibition is publicly posted and the meeting room is owned or operated by the locality.
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 8-N)
Last Action Date: January 16, 2019
Title: Licensed family day homes; storage of firearms.
Description: Licensed family day homes; storage of firearms. Requires that firearms and ammunition in a licensed family day home be stored in a locked closet, cabinet, or container during the family day home's hours of operation. The bill requires that the key or combination to such locked storage places be maintained out of the reach of all children in the family day home.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 19, 2019
Title: Firearms; reporting when lost or stolen, civil penalty.
Description: Reporting lost or stolen firearms; civil penalty. Requires a person who lawfully possesses a firearm to report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center (NCIC). A violation is punishable by a civil penalty of $50 for a first offense and not less than $100 or more than $250 for any subsequent offense. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from the loss or theft; the immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 8-N)
Last Action Date: January 16, 2019
Title: Handguns; limitation on purchases, penalty.
Description: Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.
Last Action: Failed to report (defeated) in Courts of Justice (5-Y 9-N)
Last Action Date: January 16, 2019
Title: Firearm transfers; criminal history record information checks, penalty.
Description: Firearm transfers; criminal history record information Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill also provides that a transferee who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buy-back or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 8-N)
Last Action Date: January 16, 2019
Title: Firearms; removal from persons posing substantial risk, penalties.
Description: Firearms; removal from persons posing 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 is 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
Last Action: Failed to report (defeated) in Courts of Justice (7-Y 7-N)
Last Action Date: January 16, 2019
Title: Protective orders; possession of firearms, surrender or transfer of firearms, penalties.
Description: Protective orders; possession of firearms; surrender or Protective orders; possession of firearms; surrender or transfer of firearms; penalties. Provides that a court shall order a person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency, sell or transfer any firearm possessed by such person to a dealer, or sell or transfer any firearm possessed by such person to any person who is not otherwise prohibited by law from possessing such firearm, provided that such person will not allow the person subject to a protective order to exert any influence or control over the sold or transferred firearm, or (ii) certify in writing that such person does not possess any firearms and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that within 48 hours after surrendering or selling or transferring all firearms, such person must certify in writing that all firearms possessed by such person have either been surrendered or sold or transferred and file such certification with the clerk of the court that entered the protective order. The bill also provides that any person subject to a protective order who fails to certify in writing that all firearms possessed by such person have either been surrendered or sold or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms as well as a process to return such surrendered firearms. The bill also provides that any person who buys or has a firearm transferred to him from a person subject to a permanent protective order and allows the person subject to a protective order to exert any influence or control over the sold or
Last Action: Passed by indefinitely in Courts of Justice (8-Y 6-N)
Last Action Date: January 28, 2019
Title: Firearms, etc.; permitted events.
Description: Control of firearms; permitted events. Authorizes any locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in a public space during a permitted event or an event that would otherwise require a permit. The bill contains technical amendments.
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 8-N)
Last Action Date: January 16, 2019
Title: Firearms, certain; prohibition on carrying in public places.
Description: Prohibition on carrying of certain firearms in public places; County of Albemarle and City of Charlottesville; penalty. Adds the County of Albemarle and the City of Charlottesville to the list of localities in which it is unlawful for a person to carry certain firearms in public places.
Last Action: Failed to report (defeated) in Courts of Justice (7-Y 7-N)
Last Action Date: January 16, 2019
Title: Criminal Justice Services, Department of; training standards for school resource officers.
Description: Department of Criminal Justice Services; school resource officers; school administrators; training. Directs the Department of Criminal Justice Services (Department) to establish compulsory minimum training standards for law-enforcement officers serving as school resource officers that may include (i) relevant state and federal laws; (ii) school and personal liability issues; (iii) security awareness in the school environment; (iv) mediation and conflict resolution, including de-escalation techniques; (v) disaster and emergency response; (vi) awareness of cultural diversity and implicit bias; (vii) working with students with disabilities, behavioral health or substance abuse disorders, or trauma experiences; and (viii) student behavioral dynamics, including child and adolescent development. The bill also directs the Department, in consultation with the Department of Education and the Virginia State Crime Commission, to include such similar minimum training standards for school security officers. The bill requires each school board to ensure that every public school employs at least one school administrator who has attended school safety training conducted by the Virginia Center for School and Campus Safety in school safety, anti-bullying tactics, and effective identification of students who may be at risk for violent behavior and are in need of special services or assistance.
Last Action: Incorporated by Education and Health
Last Action Date: January 31, 2019
Title: Use of force by law-enforcement officers, etc.; work group to produce and develop report.
Description: Use of force; data collection and reporting requirement. Requires the the Secretary of Public Safety and Homeland Security to convene a work group that shall include representatives from the Departments of Corrections and State Police and the Board of Corrections, as well as representatives from local police departments, sheriffs' offices, local correctional facilities, and other interested stakeholder groups, to develop a strategy for producing and publishing a comprehensive report on the use of force by Virginia law-enforcement officers, correctional officers, and jail officers. The bill requires the work group to report its progress and the outcomes of its activities to the Governor and the General Assembly by December 1, 2019. The provisions of the bill are contingent upon funding in a general appropriation act.
Last Action: Left in Appropriations
Last Action Date: February 19, 2019
Title: Firearms magazines and firearms, certain; prohibition of sale, transfer, etc., penalties.
Description: Prohibition of sale, transfer, etc., of certain firearms magazines and firearms; penalties. Prohibits any person from importing, selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 1 misdemeanor. The bill prohibits a person from carrying a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place; under existing law, this prohibition applies only in certain localities and also to assault firearms. The bill redefines "assault firearm" by reducing the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" from more than 20 to more than 10 and prohibits any person from knowingly and intentionally possessing or transporting any assault firearm or from knowingly and intentionally carrying about his person, hidden from common observation, an assault firearm. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory such an assault firearm to any person.
Last Action: Passed by indefinitely in Courts of Justice (8-Y 6-N)
Last Action Date: January 28, 2019
Title: Firearms; control in chambers of local governing bodies.
Description: Control of firearms; chambers of local governing bodies. Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components or a combination thereof at any regular or special meeting of its local governing body, provided that notice of such prohibition is publicly posted and the meeting room is owned or operated by the locality.
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Firearms; joint subcommittee to study issues related to therto and safety in the Commonwealth.
Description: Study; joint subcommittee to study issues related to firearms and safety in the Commonwealth; report. Establishes a two-year joint subcommittee to study numerous issues related to firearms, firearms safety, violence, and Second Amendment rights. The resolution directs the joint subcommittee to file an interim report after November 2019 and a final report after November 2020.
Last Action: Referred to Committee on Rules
Last Action Date: July 9, 2019
Title: Handguns; limitation on purchases, exceptions, penalty.
Description: Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and makes such an offense a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, and (vi) purchases of antique firearms. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and programs impacted by the bill.
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Firearms; brandishing, etc., at a law-enforcement officer, penalty.
Description: Brandishing a firearm; law-enforcement officer; penalty. Provides for a six-month mandatory minimum sentence upon conviction of a person for pointing, holding, or brandishing a firearm or air-operated or gas-operated weapon or object similar in appearance at someone who the person knows or has reason to know is a law-enforcement officer in such manner as to reasonably induce fear in the mind of another.
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Stolen firearms; penalties.
Description: Stolen firearms; penalties. Creates or enhances penalties for crimes related to larceny of a firearm or use of a stolen firearm during the commission of a felony. The bill provides that it is (i) a Class 3 felony with a five-year mandatory minimum sentence to commit larceny of a firearm with the intent to sell or distribute and (ii) a Class 5 felony with a two-year mandatory minimum sentence to sell or distribute, attempt to sell or distribute, or possess with the intent to sell or distribute a stolen firearm. The bill adds a one-year mandatory minimum sentence to the crime of receiving a stolen firearm, which is a Class 6 felony. Finally, the bill increases the mandatory minimum sentences for possession of a firearm during the commission of a felony, if such firearm was stolen, from three years to five years for a first offense and from five years to 10 years for a second or subsequent offense.
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Control of firearms by localities.
Description: Control of firearms by localities. Grants localities Control of firearms by localities. Grants localities authority to adopt or enforce an ordinance, resolution, or motion, governing the possession, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof in the locality. Various provisions limiting such authority are repealed. Provisions limiting the authority of localities and state governmental entities to bring lawsuits against certain
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Volunteer school security officers; authorization by local school boards, etc.
Description: Authorization of volunteer school security officers by local school boards and private or religious schools. Allows local school boards and private or religious schools to authorize volunteer school security officers to perform the same duties as employed school security officers. Within 10 years prior to receiving such authorization, any such officer shall have been (i) an active law-enforcement officer in the Commonwealth or (ii) employed by a law-enforcement agency of the United States or any state or political subdivision thereof with duties substantially similar to those of a law-enforcement officer in the Commonwealth. The bill requires such officers to comply with the same training course required for employed school security officers in order to carry a firearm in the performance of their duties. The bill also requires school boards and private or religious schools to treat such officers the same as employed school security officers for the purposes of fingerprinting and criminal background checks, school safety procedures, and bullying and abusive work environment education.
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Firearms; removal from persons posing substantial risk, penalties.
Description: Firearms; removal from persons posing substantial risk; 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 search warrant to remove firearms from such person. 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 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. The bill creates a computerized substantial risk order registry for the entry of orders issued pursuant to provisions in the bill. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and programs impacted by the
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Local government buildings; dangerous weapons, penalty.
Description: Local government buildings; dangerous weapons; penalty. Prohibits the possession or transport of (i) guns or other weapons designed or intended to propel a missile or projectile of any kind; (ii) frames, receivers, mufflers, silencers, missiles, projectiles, or ammunition designed for use with a dangerous weapon; or (iii) certain other dangerous weapons in any building owned or used by a locality for governmental purposes in the Commonwealth. Currently, the possession or transport of such weapons is prohibited in any courthouse and is punishable as a Class 1 misdemeanor. The bill makes the penalty for possession or transport of such weapons in any courthouse or building owned or used by a locality for governmental purposes a Class 6 felony.
Last Action: Stricken at the request of Patron in Courts of Justice (12-Y 2-N)
Last Action Date: July 9, 2019
Title: Denial of a concealed handgun permit; entry into Virginia Criminal Information Network.
Description: Denial of a concealed handgun permit; entry into Virginia Criminal Information Network. Requires that the final order of the court denying a person's application for a concealed handgun permit shall be provided to the Department of State Police to enter into the Virginia Criminal Information Network (the Network). The bill provides that the Department of State Police shall enter the name and description of a person whose application for a concealed handgun permit was denied and the basis of the denial of the permit in the Network so that such basis is known to law-enforcement personnel accessing the Network for investigative purposes.
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Public schools; firearm safety education program.
Description: Public schools; firearm safety education program. Requires local school boards to provide firearm safety education programs for students in all grades. The bill requires the Board of Education to establish curriculum guidelines for the program, in consultation with the Department of State Police, requires school boards to offer a minimum of two hours of instruction consistent with such guidelines, and requires that the program be taught by a school resource officer, other law-enforcement officer, or a United States Armed Services instructor. The bill prohibits the use of firearms in the program. Current law allows local school boards to provide a firearm safety education program for students in the elementary grades and does not specify who may instruct such program.
Last Action: Passed by indefinitely in Education and Health with letter (10-Y 1-N 1-A)
Last Action Date: July 9, 2019
Title: Firearms; regulation by localities, workplace rules, limitation.
Description: Regulation of firearms by localities; workplace rules; limitation. Prohibits a locality from adopting or enforcing any workplace rule that prevents or restricts an employee of the locality from possessing or carrying a concealed handgun at the locality's workplace if the employee possesses a valid concealed handgun permit.
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Firearms; allowing access to minors, penalty.
Description: Allowing access to firearms by minors; penalty. Provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and programs impacted by the bill.
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Protective orders; possession of firearms, surrender or transfer of firearms, penalty.
Description: Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Prohibits any person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) from knowingly possessing a firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order such person may continue to possess such firearm for the purposes of selling or transferring it to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this provision is a Class 6 felony. The bill provides that within 48 hours after selling or transferring all firearms, such person must certify in writing that all firearms possessed by such person have either been sold or transferred and file such certification with the clerk of the court that entered the protective order. The bill also provides that any person subject to a protective order who fails to certify in writing that all firearms possessed by such person have either been sold or transferred is guilty of a Class 1 misdemeanor. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and programs impacted by the bill.
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Firearm transfers; criminal history record information checks, penalty.
Description: Firearm transfers; criminal history record information Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill also provides that a transferee who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buy-back or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm may be transferred. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Concealed handgun permit; disqualifications, assault, assault and battery, sexual battery, etc.
Description: Concealed handgun permit; disqualifications; assault, assault and battery, sexual battery, discharging of a firearm, or brandishing of a firearm. Provides that a person is disqualified from obtaining a concealed handgun permit if he has been convicted of an assault or assault and battery within the five-year period immediately preceding the application or if he has been convicted of sexual battery, discharging of a firearm, or brandishing of a firearm within the 10-year period immediately preceding the application. Currently, such disqualification applies if an individual was convicted of any of those offenses within the three-year period immediately preceding the application.
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Firearms; reporting those lost or stolen, civil penalty.
Description: Reporting lost or stolen firearms; civil penalty. Requires that, if a firearm is lost or stolen from a person who lawfully possessed it, such person shall report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center. A violation is punishable by a civil penalty of not more than $250. The bill provides that a person who, in good faith, reports the loss or theft is immune from criminal or civil liability for acts or omissions that result from the loss or theft. The immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Discharging firearm; penalty.
Description: Discharging firearm; penalty. Imposes a mandatory minimum term of imprisonment of three years for violations of (i) maliciously discharging a firearm within or at an occupied building or dwelling house; (ii) willfully discharging a firearm within or at any school building, upon the buildings or grounds of any school, or upon any public property within 1,000 feet of the property line of a school; and (iii) intentionally discharging a firearm while in or on a motor vehicle so as to create risk of death or injury to another person. The bill also imposes a mandatory minimum term of imprisonment of one year for violations of (a) unlawfully, but not maliciously, discharging a firearm within or at an occupied building or dwelling house and (b) willfully discharging a firearm in a public place when such discharge results in bodily injury to another person. The bill imposes a mandatory minimum term of confinement in jail of 90 days for violations of willfully discharging a firearm in a public place when such discharge does not result in bodily injury to another person.
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Protective orders; violation of order while armed with firearm or other deadly weapon, etc.
Description: Violation of protective order while armed with firearm or other deadly weapon; mandatory minimum sentence; penalty. Provides for a three-year mandatory minimum sentence to be served consecutively with any other sentence upon a conviction for violation of a protective order while knowingly armed with a firearm or other deadly weapon. Current law does not specify a mandatory minimum sentence.
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019
Title: Assault firearms, certain firearm magazines, trigger activators, & silencers; prohibiting sale, etc.
Description: Prohibiting sale, transport, etc., of assault firearms, Prohibiting sale, transport, etc., of assault firearms, certain firearm magazines, trigger activators, and silencers; penalties. Expands the definition of "assault firearm" and prohibits any person from importing, selling, transferring, manufacturing, purchasing, possessing, or transporting an assault firearm. A violation is a Class 6 felony. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory an assault firearm to any person. The bill also prohibits a person from carrying a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place; under existing law, this prohibition applies only in certain localities. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, possess, or transport large-capacity firearm magazines, silencers, and trigger activators, all defined in the bill. Any person who legally owns an assault firearm, large-capacity firearm magazine, silencer, or trigger activator on November 1, 2019, may retain possession until July 1, 2020. During that time, such person shall (i) render the assault firearm, large-capacity firearm magazine, silencer, or trigger activator inoperable; (ii) remove the assault firearm, large-capacity firearm magazine, silencer, or trigger activator from the Commonwealth; (iii) transfer the assault firearm, large-capacity firearm magazine, silencer, or trigger activator to a person outside the Commonwealth who is not prohibited from possessing it; or (iv) surrender the assault firearm, large-capacity firearm magazine, silencer, or trigger activator to a state or local law-enforcement agency. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among
Last Action: Passed by indefinitely in Courts of Justice with letter (9-Y 6-N)
Last Action Date: July 9, 2019