Protective orders; possession of firearms, surrender or transfer of firearms, penalty. (HB1004)

Introduced By

Del. Mike Mullin (D-Newport News) with support from co-patron Del. Kathleen Murphy (D-McLean)

Progress

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

Description

Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Prohibits any person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) from knowingly possessing a firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order such person may continue to possess such firearm for the purposes of selling or transferring it to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this provision is a Class 6 felony. The bill also provides that a court shall order a person subject to a permanent protective order to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency or sell or transfer any firearm possessed by such person to a dealer or to any person who is not otherwise prohibited by law from possessing such firearm and (ii) certify in writing that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that any person who willfully fails to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms, as well as a process to return such surrendered firearms. The bill also makes it a Class 4 felony for any person to sell, barter, give, or furnish any firearm to any person he knows is prohibited from possessing or transporting a firearm who is subject to a permanent protective order. This bill incorporates HB 856 and is identical to SB 479. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/07/2020Committee
01/07/2020Prefiled and ordered printed; offered 01/08/20 20103358D
01/07/2020Referred to Committee on Public Safety
01/08/2020Impact statement from VCSC (HB1004)
01/17/2020Impact statement from DPB (HB1004)
01/22/2020Impact statement from DPB (HB1004)
01/24/2020Reported from Public Safety with substitute (20-Y 2-N) (see vote tally)
01/24/2020Committee substitute printed 20106626D-H1
01/24/2020Incorporates HB856 (Murphy)
01/28/2020Impact statement from VCSC (HB1004H1)
01/28/2020Impact statement from DPB (HB1004H1)
01/28/2020Read first time
01/29/2020Read second time
01/29/2020Passed by temporarily
01/29/2020Committee substitute agreed to 20106626D-H1
01/29/2020Engrossed by House - committee substitute HB1004H1
01/30/2020Read third time and passed House (58-Y 42-N)
01/30/2020VOTE: Passage (58-Y 42-N) (see vote tally)
01/31/2020Constitutional reading dispensed
01/31/2020Referred to Committee on the Judiciary
02/24/2020Reported from Judiciary with substitute (9-Y 6-N) (see vote tally)
02/24/2020Committee substitute printed 20108967D-S1
02/25/2020Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/25/2020Impact statement from VCSC (HB1004S1)
02/26/2020Read third time
02/26/2020Reading of substitute waived
02/26/2020Committee substitute agreed to 20108967D-S1
02/26/2020Engrossed by Senate - committee substitute HB1004S1
02/26/2020Passed Senate with substitute (22-Y 18-N) (see vote tally)
02/28/2020Placed on Calendar
02/28/2020Senate substitute agreed to by House 20108967D-S1 (56-Y 42-N)
02/28/2020VOTE: Adoption (56-Y 42-N) (see vote tally)
02/28/2020Impact statement from DPB (HB1004S1)
03/05/2020Enrolled
03/05/2020Bill text as passed House and Senate (HB1004ER)
03/06/2020Impact statement from DPB (HB1004ER)
03/06/2020Signed by Speaker
03/06/2020Signed by President
03/12/2020Enrolled Bill communicated to Governor on March 12, 2020
03/12/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020
04/11/2020Governor's recommendation received by House
04/22/2020Placed on Calendar
04/22/2020House concurred in Governor's recommendation (51-Y 42-N)
04/22/2020Senate concurred in Governor's recommendation (21-Y 19-N) (see vote tally)
04/22/2020G Governor's recommendation adopted
04/22/2020Reenrolled
04/22/2020Reenrolled bill text (HB1004ER2)
04/22/2020Signed by Speaker as reenrolled
04/22/2020Signed by President as reenrolled
04/22/2020Enacted, Chapter 1221 (effective 7/1/20)
04/22/2020VOTE: (51-Y 42-N)
04/22/2020G Acts of Assembly Chapter text (CHAP1221)
05/01/2020VOTE: (51-Y 42-N)

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