VA HB674 | 2020 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 8-0)
Status: Passed on April 8 2020 - 100% progression
Action: 2020-04-08 - Governor: Acts of Assembly Chapter text (CHAP0887)
Text: Latest bill text (Chaptered) [HTML]

Summary

Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. Upon service of an emergency substantial risk order, the person who is subject to the order shall be given the opportunity to voluntarily relinquish any firearm. An emergency substantial risk order shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the order was issued within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, for a substantial risk order and with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the substantial risk order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of a substantial risk order is guilty of a Class 4 felony. The bill creates a computerized substantial risk order registry for the entry of orders issued pursuant to provisions in the bill.

Tracking Information

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Title

Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties.

Sponsors


Roll Calls

2020-03-02 - House - House: VOTE: Adoption (52-Y 48-N) (Y: 52 N: 48 NV: 0 Abs: 0) [PASS]
2020-02-27 - Senate - Senate: Passed Senate with substitute (20-Y 20-N) (Y: 20 N: 20 NV: 0 Abs: 0) [FAIL]
2020-02-25 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2020-02-24 - Senate - Senate: Reported from Judiciary with substitute (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]
2020-01-30 - House - House: VOTE: Passage (52-Y 46-N) (Y: 52 N: 46 NV: 2 Abs: 0) [PASS]
2020-01-24 - House - House: Reported from Public Safety (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2020-04-08 Governor: Acts of Assembly Chapter text (CHAP0887)
2020-04-08 Governor: Approved by Governor-Chapter 887 (effective 7/1/20)
2020-03-12 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
2020-03-12HouseEnrolled Bill communicated to Governor on March 12, 2020
2020-03-06SenateSigned by President
2020-03-06HouseSigned by Speaker
2020-03-05HouseBill text as passed House and Senate (HB674ER)
2020-03-05HouseEnrolled
2020-03-02HouseVOTE: Adoption (52-Y 48-N)
2020-03-02HouseSenate substitute agreed to by House 20108857D-S1 (52-Y 48-N)
2020-03-02HousePlaced on Calendar
2020-02-27SenateChair votes Yes
2020-02-27SenatePassed Senate with substitute (20-Y 20-N)
2020-02-27SenateEngrossed by Senate - committee substitute HB674S1
2020-02-27SenatePassed by temporarily
2020-02-27SenateRead third time
2020-02-26SenatePassed by for the day
2020-02-26SenateCommittee substitute agreed to 20108857D-S1
2020-02-26SenateReading of substitute waived
2020-02-26SenateRead third time
2020-02-25SenateConstitutional reading dispensed (39-Y 0-N)
2020-02-24SenateCommittee substitute printed 20108857D-S1
2020-02-24SenateReported from Judiciary with substitute (9-Y 6-N)
2020-01-31SenateReferred to Committee on the Judiciary
2020-01-31SenateConstitutional reading dispensed
2020-01-30HouseVOTE: Passage (52-Y 46-N)
2020-01-30HouseRead third time and passed House (52-Y 46-N)
2020-01-29HouseEngrossed by House
2020-01-29HousePending question ordered
2020-01-29HousePassed by temporarily
2020-01-29HouseRead second time
2020-01-28HouseRead first time
2020-01-24HouseReported from Public Safety (13-Y 9-N)
2020-01-06HouseReferred to Committee on Public Safety
2020-01-06HousePrefiled and ordered printed; offered 01/08/20 20104741D

Same As/Similar To

SB240 (Same As) 2020-04-08 - Governor: Acts of Assembly Chapter text (CHAP0888)

Code Citations

ChapterArticleSectionCitation TypeStatute Text
182308.09(n/a)See Bill Text
182308.1:6(n/a)See Bill Text
182308.2:1(n/a)See Bill Text
182308.2:2(n/a)See Bill Text
182308.2:3(n/a)See Bill Text
192152.13(n/a)See Bill Text
192152.17(n/a)See Bill Text
192387.3(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB674
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB674+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB674S1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB674ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0887+hil
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+H15V0020+HB0674
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+HV0213+HB0674
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+S03V0420+HB0674
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV0986HB0674+HB0674
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV1176HB0674+HB0674
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+HV1681+HB0674

Bill Comments

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