HB1779: Protective orders, preliminary; prohibition on purchase & transport of firearms for certain persons.


HOUSE BILL NO. 1779
House Amendments in [ ] ? February 7, 2011
A BILL to amend and reenact § 18.2-308.1:4 of the Code of Virginia, relating to the purchase or transportation of firearms by persons subject to preliminary protective orders; penalty.
Patron Prior to Engrossment--Delegate Gilbert
Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-308.1:4 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalty.

It shall be unlawful for any person who is subject to (i) a protective order entered pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, or § 19.2-152.10; (ii) an order issued pursuant to subsection B of § 20-103; (iii) an order entered [ on or after July 1, 2011, ] pursuant to subsection D of § 18.2-60.3; or (iv) a preliminary protective order entered pursuant to [ § 16.1-253 containing a finding of abuse subsection F of § 16.1-253 where a petition alleging abuse or neglect has been filed ] ; or (v) an order issued by a tribunal of another state, the United States or any of its territories, possessions or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to those cited in clauses (i), (ii), or (iii) to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court entering the order, for the duration of any protective order referred to herein. A violation of this section is a Class 1 misdemeanor.

HOUSE BILL NO. 1779
Offered January 12, 2011
Prefiled January 11, 2011
A BILL to amend and reenact § 18.2-308.1:4 of the Code of Virginia, relating to the purchase or transportation of firearms by persons subject to preliminary protective orders; penalty.
Patron-- Gilbert
Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-308.1:4 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalty.

It shall be unlawful for any person who is subject to (i) a protective order entered pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, or § 19.2-152.10; (ii) an order issued pursuant to subsection B of § 20-103; (iii) an order entered pursuant to subsection D of § 18.2-60.3; or (iv) a preliminary protective order entered pursuant to § 16.1-253 containing a finding of abuse; or (v) an order issued by a tribunal of another state, the United States or any of its territories, possessions or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to those cited in clauses (i), (ii), or (iii) to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court entering the order, for the duration of any protective order referred to herein. A violation of this section is a Class 1 misdemeanor.