Protective orders; possession of firearms, surrender or transfer of firearms, penalty. (SB479)

Introduced By

Sen. Janet Howell (D-Reston) with support from co-patron Sen. Jennifer Boysko (D-Herndon)

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 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 the subject to a permanent protective order. Read the Bill »

Status

02/26/2020: Passed the House

History

Date	Action
01/07/2020	Referred to Committee for Courts of Justice
01/07/2020	Prefiled and ordered printed; offered 01/08/20 20103357D
01/07/2020	Referred to Committee on the Judiciary
01/08/2020	Impact statement from VCSC (SB479)
01/08/2020	Moved from Courts of Justice to Judiciary due to a change of the committee name
01/22/2020	Impact statement from DPB (SB479)
01/22/2020	Reported from Judiciary with substitute (10-Y 4-N) (see vote tally)
01/22/2020	Incorporates SB372 (Saslaw)
01/22/2020	Committee substitute printed 20106476D-S1
01/23/2020	Impact statement from VCSC (SB479S1)
01/24/2020	Constitutional reading dispensed (39-Y 0-N) (see vote tally)
01/27/2020	Impact statement from DPB (SB479S1)
01/27/2020	Read second time
01/27/2020	Reading of substitute waived
01/27/2020	Committee substitute agreed to 20106476D-S1
01/27/2020	Engrossed by Senate - committee substitute SB479S1
01/28/2020	Read third time and passed Senate (23-Y 17-N) (see vote tally)
02/18/2020	Placed on Calendar
02/18/2020	Read first time
02/18/2020	Referred to Committee on Public Safety
02/21/2020	Reported from Public Safety with amendment (15-Y 6-N) (see vote tally)
02/25/2020	Read second time
02/25/2020	Floor substitute printed 20108989D-H1 (Mullin)
02/26/2020	Impact statement from VCSC (SB479H1)
02/26/2020	Read third time
02/26/2020	Committee amendment rejected
02/26/2020	Substitute by Delegate Mullin agreed to 20108989D-H1
02/26/2020	Engrossed by House - floor substitute SB479H1
02/26/2020	Passed House with substitute (56-Y 41-N)
02/26/2020	VOTE: Passage (56-Y 41-N) (see vote tally)