Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties. (HB1763)

Introduced By

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

Progress

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

Description

Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or any law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. If an emergency substantial risk order is issued, a judge or magistrate may issue a warrant to remove firearms from such person. An emergency substantial risk warrant shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the person is subject to the order resides within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, 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 4 felony. Amends § 18.2-308.2:1, § 18.2-308.2:2, § 18.2-308.2:3, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
12/21/2018Committee
12/21/2018Prefiled and ordered printed; offered 01/09/19 19102819D
12/21/2018Referred to Committee for Courts of Justice
12/27/2018Impact statement from VCSC (HB1763)
01/14/2019Referred from Courts of Justice
01/14/2019Referred to Committee on Militia, Police and Public Safety
01/15/2019Assigned MPPS sub: Subcommittee #1
01/17/2019House subcommittee amendments and substitutes offered
01/17/2019Subcommittee recommends passing by indefinitely (4-Y 2-N)
02/05/2019Left in Militia, Police and Public Safety

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