Firearms; no person who is subject to an emergency protective order. (SB323)

Introduced By

Sen. Barbara Favola (D-Arlington) with support from co-patrons Del. Kathleen Murphy (D-McLean), Del. Marcus Simon (D-Falls Church), and Sen. Janet Howell (D-Reston)

Progress

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

Description

Possession or transportation of firearms; protective orders; penalty. Creates a Class 1 misdemeanor for (i) the physical possession of a firearm while in the residence of the alleged victim of a person who has been served with an emergency protective order issued as a result of an assault and battery against a family or household member or (ii) the transport of a firearm by such person while the order is in effect. The bill also provides that in order to be convicted of the existing Class 1 misdemeanor of purchasing or transporting a firearm when subject to a protective order, the person must have been served with the order. Read the Bill »

Status

03/10/2016: Passed the General Assembly

History

DateAction
01/08/2016Prefiled and ordered printed; offered 01/13/16 16103476D
01/08/2016Referred to Committee for Courts of Justice
01/14/2016Impact statement from VCSC (SB323)
01/27/2016Reported from Courts of Justice with amendment (12-Y 0-N 3-A) (see vote tally)
01/29/2016Constitutional reading dispensed (36-Y 0-N) (see vote tally)
02/01/2016Read second time
02/01/2016Reading of amendment waived
02/01/2016Committee amendment agreed to
02/01/2016Engrossed by Senate as amended SB323E
02/01/2016Printed as engrossed 16103476D-E
02/02/2016Read third time and passed Senate (32-Y 3-N) (see vote tally)
02/04/2016Impact statement from VCSC (SB323E)
02/05/2016Placed on Calendar
02/05/2016Read first time
02/05/2016Referred to Committee on Militia, Police and Public Safety
02/12/2016Assigned MPPS sub: #1
02/15/2016Impact statement from DPB (SB323E)
02/18/2016Subcommittee recommends reporting with amendment(s) (5-Y 0-N)
02/26/2016Reported from Militia, Police and Public Safety with substitute (19-Y 0-N) (see vote tally)
02/26/2016Committee substitute printed 16105648D-H1
02/26/2016Referred to Committee on Appropriations
02/26/2016Assigned App. sub: Public Safety
02/26/2016Impact statement from VCSC (SB323H1)
03/02/2016Reported from Appropriations (22-Y 0-N) (see vote tally)
03/04/2016Read second time
03/04/2016Impact statement from DPB (SB323H1)
03/07/2016Read third time
03/07/2016Committee substitute agreed to 16105648D-H1
03/07/2016Engrossed by House - committee substitute SB323H1
03/07/2016Passed House with substitute BLOCK VOTES (96-Y 0-N)
03/07/2016VOTE: BLOCK VOTE PASSAGE (96-Y 0-N) (see vote tally)
03/08/2016House substitute agreed to by Senate (37-Y 0-N) (see vote tally)
03/08/2016Title replaced 16105648D-H1
03/10/2016Enrolled
03/10/2016Bill text as passed Senate and House (SB323ER)
03/10/2016Impact statement from VCSC (SB323ER)
03/10/2016Signed by Speaker
03/10/2016Signed by President
03/11/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/11/2016Enrolled Bill Communicated to Governor on 3/11/16
03/11/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 5 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

THE BILL PASSES. SENATE BILL 323, A BILL RELATING TO TRANSPORTATION AND POSSESSION OF FIREARMS, PERSONS SUBJECT TO CERTAIN EMERGENCY PROTECTIVE ORDERS, PENALTY. THE SENATOR FROM ARLINGTON, SENATOR FAVOR LA. THANK YOU, MR. PRESIDENT. I MOVE THAT THE BILL PASS AND SPEAKING TO THE MOTION. THE SENATOR HAS THE FLOOR. THANK YOU. WHAT THIS BILL DOES IS WHEN A POLICE OFFICER ARRIVES IN AN INSTANCE OF DOMESTIC VIOLENCE AND ISSUES AN EMERGENCY PROTECTIVE ORDER AND THE SUBJECT OF THAT EMERGENCY PROTECTIVE ORDER IS SERVED WITH THE ORDER, THIS BILL WOULD REQUIRE THAT THAT INDIVIDUAL, THE SUBJECT OF THE PROTECTIVE ORDER, SHALL NOT POSSESS A FIREARM WHILE IN THE HOME OF THE ALLEGED VICTIM. THIS BILL PASSED THE SENATE TWO YEARS AGO, 38-2. IT IS A VERY CAREFULLY CRAFTED MEASURE. I THINK THAT YOU ALL SHOULD FIND IT WITHIN YOUR GOOD SENSE TO SUPPORT IT. I REMIND YOU THAT EMERGENCY PROTECTIVE ORDERS ARE ONLY IN EFFECT FOR 72 HOURS, AND THIS IS VERY MUCH REFERRED TO AS A COOLING DOWN PERIOD. I DO WANT TO NOTE THAT DR. MONAHAN FROM THE UNIVERSITY OF VIRGINIA RECENTLY CONDUCTED A STUDY AND INDICATED THAT THOSE WHO HAVE VIOLENT BEHAVIOR, EVEN MINOR VIOLENT BEHAVIOR, ARE AT LEAST EIGHT TIMES MORE LIKELY THAN THOSE WITH NO PRIOR HISTORY TO ESCALATE IN THEIR VIOLENT BEHAVIOR. SO I THINK THIS IS A REAL PUBLIC SAFETY BILL, BUT MOST IMPORTANTLY, I THINK IT'S A BILL THAT REALLY PROTECTS WOMEN AND FAMILIES. 85% OF DOMESTIC VIOLENCE VICTIMS ARE WOMEN AND ABOUT 4,000 WOMEN DIE EACH YEAR DUE TO DOMESTIC VIOLENCE. AT CERTAIN POINTS WHILE THIS BILL WAS GOING THROUGH ITS VARIOUS ITERATIONS, THE VIRGINIA SHERIFF'S DEPARTMENT SUPPORTED IT, THE VIRGINIA ASSOCIATION OF THE CHIEFS OF POLICE, THE VIRGINIA FRATERNAL ORDER OF POLICE, VIRGINIA SEXUAL AND DOMESTIC VIOLENCE ALLIANCE, THE VIRGINIA POVERTY LAW CENTER, THE COALITION TO STOP GUN VIOLENCE, AND MANY OTHER GROUPS. I JUST WANT TO NOTE THAT THIS BILL IS NOT PART OF THE DEAL THAT THE GOVERNOR AND THE SPEAKER CRAFTED, IN CASE SOME OF YOU PIEB WONDERING, EMERGENCY PROTECTIVE ORDERS WERE NOT INCLUDED IN THE RECENTLY ANNOUNCED NEGOTIATED DEAL. HAVING SAID THAT, I ASK THAT THE LADIES AND GENTLEMEN OF THE SENATE PASS THE BILL.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 323 ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO.


[Unknown]: SENATE BILL 358 A BILL TO AMEND AND REENACT RELATING TO HEARSAY REGARDING TOTEM BY CHILDREN IN CERTAIN CASES. I MOVE THE COMMITTEE SUBSTITUTE. THOSE IN FAVOR SAY AYE. OPPOSED, NO. SUBSTITUTE IS AGREED TO. GENTLEMAN FROM FAIRFAX. THIS IS A BILL THAT DEALS
SENATE BILL 323, PASSED THE HOUSE WITH A SUBSTITUTE. SENATOR FAVOLA. I MOVE THAT THE HOUSE BE AGREED TO OR THAT WE CONCUR WITH THE HOUSE SUBSTITUTE. THE SENATOR HAS THE FLOOR. THANK YOU, MR. PRESIDENT. WHAT THE HOUSE SUBSTITUTE DOES, IT EXPANDS WHAT MY ORIGINAL BILL DID. UNDER THE HOUSE SUBSTITUTE, ANY INDIVIDUAL WHO KNOWINGLY VIOLATED ANY PROTECTIVE ORDER AND HAS A FIREARM OR DANGEROUS WEAPON ON HIS OR HER PERSON WOULD BE GUILTY OF A CLASS 6 FELONY. SO THIS IS A BROADER BILL THAN WHAT I ORIGINALLY PUT IN, WHICH ONLY DEALT WITH EMERGENCY PROTECTIVE ORDERS AND ONLY DEALT WITH VIOLATING THOSE PROTECTIVE ORDERS IN THE HOME OF THE VICTIM. THIS BILL IS A MUCH MORE COMPREHENSIVE APPROACH. I AM REALLY QUITE PLEASED WITH THE HOUSE SUBSTITUTE, AND I THINK THIS BODY WILL BE PLEASED IT WITH AS WELL. SO I DO ASK THAT WE CONCUR WITH THE HOUSE SUBSTITUTE. THANK YOU.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL THE SENATE CONCUR WITH THE HOUSE SUBSTITUTE. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 37, NOS 0. AYES 37, NOS 0. THE SENATE CONCURS WITH THE HOUSE SUBSTITUTE. SENATE BILL 337, PASSED THE HOUSE WITH A SUBSTITUTE. THE SENATOR FROM NEWPORT NEWS, SENATOR MILLER.

Sen. John Miller (D-Newport News): THANK YOU, MR. PRESIDENT. I MOVE THAT WE CONCUR WITH THE