Firearms; removal from persons posing substantial risk, penalties. (HB198)

Introduced By

Del. Rip Sullivan (D-Arlington) with support from co-patron Del. Chris Hurst (D-Blacksburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which an attorney for the Commonwealth or law-enforcement officer may apply to a circuit court judge for a warrant to remove firearms from a person who poses a substantial risk of injury to himself or others. If firearms are seized pursuant to such warrant, the bill requires a court hearing within 14 days from execution of the warrant to determine whether the firearms should be returned or retained by law enforcement. Seized firearms may be retained by court order for up to 180 days or, with court approval, may be transferred to a third party chosen by the person from whom they were seized. Persons who have been served with a warrant to remove firearms until such warrant has been dissolved by a court or who are the subject of an order to retain firearms are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of an order is guilty of a Class 6 felony. Read the Bill »


Bill Has Failed


12/28/2017Prefiled and ordered printed; offered 01/10/18 18102262D
12/28/2017Referred to Committee for Courts of Justice
01/03/2018Impact statement from VCSC (HB198)
01/30/2018Impact statement from DPB (HB198)
02/15/2018Left in Courts of Justice

Duplicate Bills

The following bills are identical to this one: SB276.


Brandon writes:

This is the same unconstitutional law that was passed in Oregon. glad it got shot down here