Sunday, October 12, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB1168: Temporary detention order; prohibits purchasing firearms if agrees to mental health treatment.
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-308.1:3 and 37.2-819 of the Code of Virginia are amended and reenacted as follows:
§ 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 committed admitted to a facility or
ordered to involuntary outpatient treatment
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 during the period
of such person's commitment. 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 commitment an involuntary
admission to a facility, involuntary outpatient treatment, or voluntary
admission, petition the circuit court in the city or county in
which he resides to restore his right to purchase, possess or transport a
firearm. The court may, in its discretion and for good cause shown, grant the
petition. The clerk shall certify and forward forthwith to the Central Criminal
Records Exchange, on a form provided by the Exchange, a copy of any such order.
§ 37.2-819. Order of involuntary admission or involuntary outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check.
The Immediately
upon entry of any order issued pursuant to this chapter for involuntary
admission to a facility or for involuntary outpatient treatment, 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 the order for involuntary admission to a facility.
The copy of the form and the order shall be kept confidential in a separate
file and used only to determine a person's eligibility to possess, purchase, or
transfer a firearm.
The clerk of court shall also immediately forward to the Central Criminal Records Exchange information regarding any person who has been the subject of a temporary detention order pursuant to § 37.2-809, and who subsequently agrees to voluntary admission pursuant to § 37.2-805.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.