18104216D
SENATE BILL NO. 811
Offered January 12, 2018
A BILL to amend and reenact §18.2-308.1:4 of the Code of Virginia, relating to protective orders; possession of firearms; surrender or transfer of firearms.
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Patron-- Marsden
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That §18.2-308.1:4 of the Code of Virginia is amended and reenacted as follows:

§18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalties.

A. It is unlawful for any person who is subject to (i) a protective order entered pursuant to §16.1-253.1, 16.1-253.4, 16.1-278.2, 16.1-279.1, 19.2-152.8, 19.2-152.9, or 19.2-152.10; (ii) an order issued pursuant to subsection B of §20-103; (iii) an order entered pursuant to subsection D of §18.2-60.3; (iv) a preliminary protective order entered pursuant to subsection F of §16.1-253 where a petition alleging abuse or neglect has been filed; or (v) an order issued by a tribunal of another state, the United States or any of its territories, possessions, or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to those cited in clauses (i), (ii), (iii), or (iv) to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court entering the order, for the duration of any protective order referred to herein. A violation of this subsection is a Class 1 misdemeanor.

B. In addition to the prohibition set forth in subsection A, it is unlawful for any person who is subject to a protective order entered pursuant to §16.1-279.1 or an order issued by a tribunal of another state, the United States or any of its territories, possessions, or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to § 16.1-279.1 to knowingly possess any firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order in accordance with subsection C of §16.1-279.1 such person may continue to possess and, notwithstanding the provisions of subsection A, transport any firearm possessed by such person at the time of service for the purposes of selling or transferring any such firearm to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this subsection is a Class 6 felony.

C. Upon entry of a protective order pursuant to §16.1-279.1, the court shall order the person subject to the protective order to (i) surrender any firearm possessed by such person to the local law-enforcement agency of the county or city where such person resides or to sell or transfer any firearms possessed by such person to a dealer, as defined in §18.2-308.2:2, within 24 hours after being served with a protective order in accordance with subsection C of §16.1-279.1, 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 three days after being served with a protective order in accordance with subsection C of §16.1-279.1. Any firearms surrendered to a local law-enforcement agency shall be retained and stored by such law-enforcement agency while the order is in effect. Within 48 hours after surrendering or selling or transferring all firearms, such person shall 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.