Saturday, July 19, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB535: Involuntary mental health treatment; prohibition from purchasing, etc. firearms.
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 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 or involuntary outpatient treatment,
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; 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.
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.