Bill Text: VA HB1699 | 2011 | Regular Session | Chaptered
Bill Title: Restoration of firearms rights; any person may petition court to restore his right, etc.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-04-06 - Governor: Acts of Assembly Chapter text (CHAP0775) [HB1699 Detail]
Download: Virginia-2011-HB1699-Chaptered.html
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Be it enacted by the General Assembly of Virginia: 1. That §§18.2-308.1:1, 18.2-308.1:2, 18.2-308.1:3, and 18.2-308.2:1 of the Code of Virginia are amended and reenacted as follows: §18.2-308.1:1. Purchase, possession or transportation of firearms by persons acquitted by reason of insanity; penalty; permit. A. It shall be unlawful for any person acquitted by reason of
insanity and committed to the custody of the Commissioner of Behavioral Health
and Developmental Services, pursuant to Chapter 11.1 (§19.2-182.2 et seq.) of
Title 19.2, on a charge of treason, any felony or any offense punishable as a
misdemeanor under Title 54.1 or a Class 1 or Class 2 misdemeanor under this
title, except those misdemeanor violations of (i) Article 2 (§18.2-266 et
seq.) of Chapter 7 of this title, (ii) Article 2 (§18.2-415 et seq.) of
Chapter 9 of this title, or (iii) §18.2-119, or (iv) an ordinance of any
county, city, or town similar to the offenses specified in (i), (ii), or (iii),
to knowingly and intentionally purchase, possess, or transport any firearm. A
violation of this B. Any person so acquitted may, upon discharge from the
custody of the Commissioner, petition the general district court in the city
or county in which he resides C. As used in this section, "treatment record" shall include copies of health records detailing the petitioner's psychiatric history, which shall include the records pertaining to the commitment or adjudication that is the subject of the request for relief pursuant to this section. §18.2-308.1:2. Purchase, possession or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty. A. It shall be unlawful for any person who has been
adjudicated (i) legally incompetent pursuant to former §37.1-128.02 or former
§37.1-134, (ii) mentally incapacitated pursuant to former §37.1-128.1 or
former §37.1-132 or (iii) incapacitated pursuant to Chapter 10 (§37.2-1000 et
seq.) of Title 37.2 B. Any person whose competency or capacity has been restored pursuant to former §37.1-134.1 or §37.2-1012 may petition the general district court in the city or county in which he resides to restore his right to purchase, possess or transport a firearm. A copy of the petition shall be mailed or delivered to the attorney for the Commonwealth for the jurisdiction where the petition was filed who shall be entitled to respond and represent the interests of the Commonwealth. The court shall conduct a hearing if requested by either party. If the court determines, after receiving and considering evidence concerning the circumstances regarding the disability referred to in subsection A and the person's criminal history, treatment record, and reputation as developed through character witness statements, testimony, or other character evidence, that the person will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest, the court shall grant the petition. Any person denied relief by the general district court may petition the circuit court for a de novo review of the denial. Upon a grant of relief in any court, the court shall enter a written order granting the petition, in which event the provisions of subsection A do not apply. The clerk of court shall certify and forward forthwith to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of any such order. C. As used in this section, "treatment record" shall include copies of health records detailing the petitioner's psychiatric history, which shall include the records pertaining to the commitment or adjudication that is the subject of the request for relief pursuant to this section. §18.2-308.1:3. Purchase, possession or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty. A. It shall be unlawful for any person involuntarily admitted to a facility or ordered to mandatory outpatient treatment pursuant to § 19.2-169.2, involuntarily admitted to a facility or ordered to mandatory outpatient treatment as the result of a commitment hearing pursuant to Article 5 (§37.2-814 et seq.) of Chapter 8 of Title 37.2, or who was the subject of a temporary detention order pursuant to §37.2-809 and subsequently agreed to voluntary admission pursuant to §37.2-805 to purchase, possess or transport a firearm. A violation of this subsection shall be punishable as a Class 1 misdemeanor. B. Any person prohibited from purchasing, possessing or
transporting firearms under this section may, at any time following his release
from involuntary admission to a facility, his release from an order of
mandatory outpatient treatment, or his release from voluntary admission
pursuant to §37.2-805 following the issuance of a temporary detention order,
petition the general district court in the city or county in which he resides
to restore his right to purchase, possess or transport a firearm. A copy of the
petition shall be mailed or delivered to the attorney for the Commonwealth for
the jurisdiction where the petition was filed who shall be entitled to respond
and represent the interests of the Commonwealth. The court shall conduct a
hearing if requested by either party. If the court determines C. As used in this section, "treatment record" shall include copies of health records detailing the petitioner's psychiatric history, which shall include the records pertaining to the commitment or adjudication that is the subject of the request for relief pursuant to this section. §18.2-308.2:1. Prohibiting the selling, etc., of firearms to certain persons. Any person who sells, barters, gives or furnishes, or has in his possession or under his control with the intent of selling, bartering, giving or furnishing, any firearm to any person he knows is prohibited from possessing or transporting a firearm pursuant to §18.2-308.1:1, 18.2-308.2, subsection B of §18.2-308.2:01, or §18.2-308.7 shall be guilty of a Class 6 felony. However, this prohibition shall not be applicable when the person convicted of the felony, adjudicated delinquent or acquitted by reason of insanity has (i) been issued a permit pursuant to subsection C of §18.2-308.2 or been granted relief pursuant to subsection B of §18.2-308.1:1, (ii) been pardoned or had his political disabilities removed in accordance with subsection B of §18.2-308.2 or (iii) obtained a permit to ship, transport, possess or receive firearms pursuant to the laws of the United States. |
