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)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 »


Bill Has Failed


  • 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


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.


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.