Sunday, September 7, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB835: Firearms; misdemeanor to possess, etc. if mentally incompetent.
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-308.1:2 and 37.2-819 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-308.1:2. Purchase, possession or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty.
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) incompetent to stand trial pursuant to §
19.2-169.1, or (iv) incapacitated pursuant to Chapter 10 (§
37.2-1000 et seq.) of Title 37.2 and whose competency or capacity has not been
restored pursuant to former § 37.1-134.1 or § 37.2-1012, to purchase, possess,
or transport any firearm. A violation of this section shall be punishable as a
Class 1 misdemeanor.
§ 37.2-819. Order of involuntary admission or incompetence to stand trial forwarded to CCRE; firearm background check.
The clerk shall certify and forward forthwith to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of any order for involuntary admission or treatment to a facility and any order finding that a criminal defendant is incompetent to stand trial pursuant to § 19.2-169.1. 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.