VA SB240 | 2020 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 9-0)
Status: Passed on April 8 2020 - 100% progression
Action: 2020-04-08 - Governor: Acts of Assembly Chapter text (CHAP0888)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 9-0)
Status: Passed on April 8 2020 - 100% progression
Action: 2020-04-08 - Governor: Acts of Assembly Chapter text (CHAP0888)
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.
Title
Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties.
Sponsors
Sen. George Barker [D] | Sen. Joseph Morrissey [D] | Sen. Scott Surovell [D] | Sen. John Bell [D] |
Sen. Jennifer Boysko [D] | Sen. Adam Ebbin [D] | Sen. Barbara Favola [D] | Sen. Janet Howell [D] |
Sen. Lynwood Lewis [D] |
Roll Calls
2020-02-28 - Senate - Senate: House substitute agreed to by Senate (21-Y 17-N) (Y: 21 N: 17 NV: 2 Abs: 0) [PASS]
2020-02-26 - House - House: VOTE: Passage (53-Y 47-N) (Y: 53 N: 47 NV: 0 Abs: 0) [PASS]
2020-02-21 - House - House: Reported from Public Safety with substitute (12-Y 8-N) (Y: 12 N: 8 NV: 1 Abs: 1) [PASS]
2020-01-22 - Senate - Senate: Read third time and passed Senate (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2020-01-21 - Senate - Senate: Substitute by Senator Surovell 20105922D-S3 agreed to (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2020-01-21 - Senate - Senate: Pending question ordered (27-Y 13-N) (Y: 27 N: 13 NV: 0 Abs: 0) [PASS]
2020-01-14 - Senate - Senate: Constitutional readings dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2020-01-13 - Senate - Senate: Reported from Judiciary with substitute (9-Y 5-N) (Y: 9 N: 5 NV: 0 Abs: 0) [PASS]
2020-02-26 - House - House: VOTE: Passage (53-Y 47-N) (Y: 53 N: 47 NV: 0 Abs: 0) [PASS]
2020-02-21 - House - House: Reported from Public Safety with substitute (12-Y 8-N) (Y: 12 N: 8 NV: 1 Abs: 1) [PASS]
2020-01-22 - Senate - Senate: Read third time and passed Senate (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2020-01-21 - Senate - Senate: Substitute by Senator Surovell 20105922D-S3 agreed to (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2020-01-21 - Senate - Senate: Pending question ordered (27-Y 13-N) (Y: 27 N: 13 NV: 0 Abs: 0) [PASS]
2020-01-14 - Senate - Senate: Constitutional readings dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2020-01-13 - Senate - Senate: Reported from Judiciary with substitute (9-Y 5-N) (Y: 9 N: 5 NV: 0 Abs: 0) [PASS]
History
Date | Chamber | Action |
---|---|---|
2020-04-08 | Governor: Acts of Assembly Chapter text (CHAP0888) | |
2020-04-08 | Governor: Approved by Governor-Chapter 888 (effective 7/1/20) | |
2020-03-12 | Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020 | |
2020-03-12 | Senate | Enrolled Bill Communicated to Governor on March 12, 2020 |
2020-03-07 | Senate | Signed by President |
2020-03-06 | House | Signed by Speaker |
2020-03-05 | Senate | Bill text as passed Senate and House (SB240ER) |
2020-03-05 | Senate | Enrolled |
2020-02-28 | Senate | Title replaced 20108809D-H1 |
2020-02-28 | Senate | House substitute agreed to by Senate (21-Y 17-N) |
2020-02-26 | House | VOTE: Passage (53-Y 47-N) |
2020-02-26 | House | Passed House with substitute (53-Y 47-N) |
2020-02-26 | House | Engrossed by House - committee substitute SB240H1 |
2020-02-26 | House | Committee substitute agreed to 20108809D-H1 |
2020-02-26 | House | Read third time |
2020-02-25 | House | Read second time |
2020-02-21 | House | Committee substitute printed 20108809D-H1 |
2020-02-21 | House | Reported from Public Safety with substitute (12-Y 8-N) |
2020-02-13 | House | Referred to Committee on Public Safety |
2020-02-13 | House | Read first time |
2020-02-13 | House | Placed on Calendar |
2020-01-22 | Senate | Read third time and passed Senate (21-Y 19-N) |
2020-01-21 | Senate | Printed as engrossed 20105922D-ES3 |
2020-01-21 | Senate | Title replaced 20105922D-S3 |
2020-01-21 | Senate | Engrossed by Senate - floor substitute with amendments SB240ES3 |
2020-01-21 | Senate | Amendment by Senator Surovell agreed to |
2020-01-21 | Senate | Reading of amendment waived |
2020-01-21 | Senate | Amendment #3 by Senator Norment agreed to |
2020-01-21 | Senate | Amendment #2 by Senator Norment ruled out of order |
2020-01-21 | Senate | Amendment #1 by Senator Norment ruled out of order |
2020-01-21 | Senate | Reading of amendment waived |
2020-01-21 | Senate | Substitute by Senator Surovell 20105922D-S3 agreed to (21-Y 19-N) |
2020-01-21 | Senate | Pending question ordered (27-Y 13-N) |
2020-01-21 | Senate | Reading of substitute waived |
2020-01-21 | Senate | Substitute by Senator Morrisey withdrawn 20105857D-S2 |
2020-01-21 | Senate | Committee substitute rejected 20105669D-S1 |
2020-01-21 | Senate | Read second time |
2020-01-20 | Senate | Passed by for the day |
2020-01-17 | Senate | Passed by for the day |
2020-01-16 | Senate | Passed by for the day |
2020-01-16 | Senate | Passed by temporarily |
2020-01-16 | Senate | Floor substitute printed 20105922D-S3 (Surovell) |
2020-01-15 | Senate | Passed by for the day |
2020-01-15 | Senate | Floor substitute printed 20105857D-S2 (Morrissey) |
2020-01-14 | Senate | Constitutional reading dispensed (39-Y 0-N) |
2020-01-13 | Senate | Committee substitute printed 20105669D-S1 |
2020-01-13 | Senate | Reported from Judiciary with substitute (9-Y 5-N) |
2020-01-08 | Senate | Moved from Courts of Justice to Judiciary due to a change of the committee name |
2020-01-02 | Senate | Referred to Committee on the Judiciary |
2020-01-02 | Senate | Prefiled and ordered printed; offered 01/08/20 20103425D |
Same As/Similar To
HB674 (Same As) 2020-04-08 - Governor: Acts of Assembly Chapter text (CHAP0887)
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
18 | 2 | 308.09 | (n/a) | See Bill Text |
18 | 2 | 308.1:6 | (n/a) | See Bill Text |
18 | 2 | 308.2:1 | (n/a) | See Bill Text |
18 | 2 | 308.2:2 | (n/a) | See Bill Text |
18 | 2 | 308.2:3 | (n/a) | See Bill Text |
19 | 2 | 152.13 | (n/a) | See Bill Text |
19 | 2 | 152.17 | (n/a) | See Bill Text |
19 | 2 | 387.3 | (n/a) | See Bill Text |