Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties. (SB240)
Introduced By
Sen. George Barker (D-Alexandria) with support from co-patrons Sen. Jennifer Boysko (D-Herndon), and Sen. Lynwood Lewis (D-Accomac)
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 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. Upon service of an emergency substantial risk order, the person who is subject to the order shall be given the opportunity to voluntarily relinquish any firearm. An emergency substantial risk order 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 order was issued 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, for a substantial risk order and 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 substantial risk 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 a substantial risk order is guilty of a Class 4 felony. The bill creates a computerized substantial risk order registry for the entry of orders issued pursuant to provisions in the bill. This bill is identical to HB 674. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/02/2020 | Referred to Committee for Courts of Justice |
01/02/2020 | Prefiled and ordered printed; offered 01/08/20 20103425D |
01/02/2020 | Referred to Committee on the Judiciary |
01/06/2020 | Impact statement from VCSC (SB240) |
01/08/2020 | Moved from Courts of Justice to Judiciary due to a change of the committee name |
01/13/2020 | Reported from Judiciary with substitute (9-Y 5-N) (see vote tally) |
01/13/2020 | Committee substitute printed 20105669D-S1 |
01/14/2020 | Constitutional readings dispensed (39-Y 0-N) (see vote tally) |
01/14/2020 | Impact statement from VCSC (SB240S1) |
01/14/2020 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
01/15/2020 | Impact statement from DPB (SB240S1) |
01/15/2020 | Floor substitute printed 20105857D-S2 (Morrissey) |
01/15/2020 | Passed by for the day |
01/16/2020 | Floor substitute printed 20105922D-S3 (Surovell) |
01/16/2020 | Passed by temporarily |
01/16/2020 | Passed by for the day |
01/17/2020 | Passed by for the day |
01/20/2020 | Passed by for the day |
01/21/2020 | Read second time |
01/21/2020 | Committee substitute rejected 20105669D-S1 |
01/21/2020 | Substitute by Senator Morrisey withdrawn 20105857D-S2 |
01/21/2020 | Reading of substitute waived |
01/21/2020 | Pending question ordered (27-Y 13-N) (see vote tally) |
01/21/2020 | Substitute by Senator Surovell 20105922D-S3 agreed to (21-Y 19-N) (see vote tally) |
01/21/2020 | Reading of amendment waived |
01/21/2020 | Amendment #1 by Senator Norment ruled out of order |
01/21/2020 | Amendment #2 by Senator Norment ruled out of order |
01/21/2020 | Amendment #3 by Senator Norment agreed to |
01/21/2020 | Amendment by Senator Surovell agreed to |
01/21/2020 | Engrossed by Senate - floor substitute with amendments SB240ES3 |
01/21/2020 | Title replaced 20105922D-S3 |
01/21/2020 | Printed as engrossed 20105922D-ES3 |
01/22/2020 | Read third time and passed Senate (21-Y 19-N) (see vote tally) |
01/23/2020 | Impact statement from VCSC (SB240ES3) |
01/23/2020 | Impact statement from VCSC (SB240S3) |
02/09/2020 | Impact statement from DPB (SB240ES3) |
02/13/2020 | Placed on Calendar |
02/13/2020 | Read first time |
02/13/2020 | Referred to Committee on Public Safety |
02/21/2020 | House committee, floor amendments and substitutes offered |
02/21/2020 | Reported from Public Safety with substitute (12-Y 8-N) (see vote tally) |
02/21/2020 | Committee substitute printed 20108809D-H1 |
02/21/2020 | Impact statement from VCSC (SB240H1) |
02/24/2020 | Impact statement from DPB (SB240H1) |
02/25/2020 | Read second time |
02/26/2020 | Read third time |
02/26/2020 | Committee substitute agreed to 20108809D-H1 |
02/26/2020 | Engrossed by House - committee substitute SB240H1 |
02/26/2020 | Passed House with substitute (53-Y 47-N) |
02/26/2020 | VOTE: Passage (53-Y 47-N) (see vote tally) |
02/28/2020 | House substitute agreed to by Senate (21-Y 17-N) (see vote tally) |
02/28/2020 | Title replaced 20108809D-H1 |
03/05/2020 | Enrolled |
03/05/2020 | Bill text as passed Senate and House (SB240ER) |
03/05/2020 | Impact statement from DPB (SB240ER) |
03/06/2020 | Signed by Speaker |
03/07/2020 | Signed by President |
03/12/2020 | Enrolled Bill Communicated to Governor on March 12, 2020 |
03/12/2020 | G Governor's Action Deadline 11:59 p.m., April 11, 2020 |
04/08/2020 | G Approved by Governor-Chapter 888 (effective 7/1/20) |
04/08/2020 | G Acts of Assembly Chapter text (CHAP0888) |
Comments
An egregious violation of the right to due process. There should be bipartisan support in striking down such a horrendous violation of rights, and abuse of government power.
You're not afforded proper legal representation when the decision is made for you to be treated like a criminal, you're not afforded the opportunity to face your accuser when it's presented, and you're able to provide a defense until AFTER you have been abused and victimized.
In addition, anyone who calls red flag laws common sense is lying to you. If someone is suicidal and all you do is kick in their front door and take their gun, then guess what? They are still suicidal. You offered them no treatment or support. You stigmatized a cry for help, treated them like a criminal, and left them alone with a million other options to harm themselves. That doesn’t make you a hero, that makes you a bad person.
Some version of red flag laws are in 17 states. People act like this is something Virginia Democrats just invented. If someone says to the wife "I'm going to kill you and the kids tonight when you get home" that taking someone's gun away for 14 days is so terrible?