Firearms; removal from persons posing substantial risk, penalties. (HB674)

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 search warrant to remove firearms from such person. 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 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. The bill creates a computerized substantial risk order registry for the entry of orders issued pursuant to provisions in the bill. Read the Bill »

Status

01/31/2020: In Committee

History

DateAction
01/06/2020Committee
01/06/2020Prefiled and ordered printed; offered 01/08/20 20104741D
01/06/2020Referred to Committee on Public Safety
01/08/2020Impact statement from VCSC (HB674)
01/16/2020Impact statement from DPB (HB674)
01/24/2020Reported from Public Safety (13-Y 9-N) (see vote tally)
01/28/2020Read first time
01/29/2020Read second time
01/29/2020Passed by temporarily
01/29/2020Pending question ordered
01/29/2020Engrossed by House
01/30/2020Read third time and passed House (52-Y 46-N)
01/30/2020VOTE: Passage (52-Y 46-N) (see vote tally)
01/31/2020Constitutional reading dispensed
01/31/2020Referred to Committee on the Judiciary

Comments

Christine F. DeRosa writes:

Thank you for proposing this ERPO, which would protect Virginians from possible danger related to gun violence. This includes people who may be contemplating suicide or self harm, as well as victims of domestic violence who have sought restraining orders.

One suggestion: add a provision for family members to godirectly to the courts to seek an ERPO.

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