13102324D
SENATE BILL NO. 864
Offered January 9, 2013
Prefiled January 3, 2013
A BILL to amend and reenact §18.2-308.1:4 of the Code of
Virginia, relating to transportation and possession of firearms; persons
subject to certain emergency protective orders; penalty.
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Patron-- Favola
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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; penalty.
It shall be unlawful for
any A. No 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 may
purchase or transport any firearm while the such 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 section is a Class 1
misdemeanor.
B. No person who is the
subject of an emergency protective order issued pursuant to the
requirements of subsection C of §18.2-57.2 may physically
possess a firearm while in the
residence of the alleged victim or transport a firearm while such
order is in effect.
C. A violation of this
section is a Class 1 misdemeanor.
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