c Richmond Sunlight » 2013 » Firearms; possession of weapons following conviction of certain crimes, penalty. (HB1410)

Firearms; possession of weapons following conviction of certain crimes, penalty. (HB1410)

Introduced By

Del. Jim Scott (D-Merrifield) with support from co-patrons Del. Kaye Kory (D-Falls Church), and Del. Jennifer McClellan (D-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Possession of firearms following conviction of certain crimes; penalty. Prohibits any person who is convicted of stalking, sexual battery, or assault and battery of a family member that results in serious bodily injury from possessing, transporting, or carrying a firearm or any other weapon for a period of five years following his conviction. A violation would constitute a Class 6 felony. The bill also provides for the forfeiture of any weapon possessed, transported, or carried in violation of the prohibition. Finally, the bill provides for a process by which a violator may petition the circuit court for a reinstatement of his rights to possess, transport, or carry a weapon. Amends § 19.2-386.28, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

  • 12/18/2012 Committee
  • 12/18/2012 Prefiled and ordered printed; offered 01/09/13 13102112D
  • 12/18/2012 Referred to Committee on Militia, Police and Public Safety
  • 12/20/2012 Impact statement from VCSC (HB1410)
  • 01/15/2013 Assigned MPPS sub: #1
  • 01/24/2013 Subcommittee recommends laying on the table
  • 02/06/2013 Left in Militia, Police and Public Safety

Comments

Stephen writes:

Why just a family member? This is one dumb written bil.

Mary Devoy writes:

I’ve been advised that the intent of HB1410 is to align with current Federal law and I will do some research on that to be better informed. There is already a re-draft in the works but it’s not available for the public.

So not knowing the Federal law or what the amendments will be these are my current concerns.

• Sexual Battery is a misdemeanor in Virginia and this bill proposes a felony punishment, this seems like a violation to me but I will look into that.

• There is no start date (July 1, 2013) for this bill to become law. So, I’m very concerned this bill would be retroactive for citizens who are 1, 2, 3 or 4 years since a conviction. If they are gun owners or hunters they will be unknowingly committing a felony because we know the Commonwealth will not notify them ahead of time of the change in law.

• After the 5 year time frame has come an gone a citizen will have to file a petition, hire an attorney and go through the courts to get their right to own a gun back. If they have not been convicted of a new crime in that 5 year timeframe why doesn’t the state just return their rights on the 5th anniversary? By requiring a petition to be filed we are wasting the courts time as well as the financial costs.

rural virginia resident writes:

IT IS CLEARLY OBVIOUS TO COMMON SENSE that persons convicted of any sort of violence should not able to own or carry weapons without explicit review by a court.

Mary Devoy writes:

The re-draft that will be presented at tomorrows sub-committee takes care of the second concern that is posted above. The first and third issues remain and won't be fixed.
Thank you for the re-draft Delegate Scott at least citizens who are current gun owners won't be caught in a retroactive net and charged with a felony for a change the State makes and didn't alert them of.

MARSHAMAINES writes:

Uh...nobody here involved with this Bill has apparently read the Virginia Constitution.
Furthermore, considering any restriction on any person's Right to bear Arms - based on HEARSAY permitted in ANY court not of record resulting in a "conviction" - without a JURY - is way overstepping the Line ...Walk the thin blue line for awhile people...
Stop attempting to create codes that clearly violate RIGHTS - or attempt to convert RIGHTS to Crimes - and with backup legislation that was designed to Clearly Further BLUR the Separation of Powers! If you are a licensed member of the Privately Owned and Operated Corporation aka Virginia State Bar operating under the JUDICIAL BRANCH of government - You have no AUTHORITY to be concurrently SERVING in the Legislative Branch - and doing so, while submitting THIS kind of bill - clearly exposes a "private interest" is involved. POKERFACE.