Passed Virginia Firearm Legislation SB1378
Legislation Overview
Title: Firearms; person guilty of Class 4 felony if sells to person he knows is prohibited from possessing.
Subject: Crimes and Offenses Generally: Weapons
Description: Sale and transport for sale of firearms to certain persons; penalty. Provides that a person who engages in the "strawman" purchase of a firearm, where he purchases a firearm with the intent to resell or transport with the intent to resell outside of the Commonwealth to any person he knows is prohibited from purchasing a firearm, is guilty of a Class 4 felony and shall be sentenced to a mandatory minimum term of imprisonment of one year. Under current law, the penalty for such an offense is a Class 5 felony. Finally, the bill provides that a person who is ineligible to purchase or possess a firearm and who assists any other person in the strawman purchase of a firearm is guilty of a Class 4 felony with a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence. Under current law, the penalty for such offense is a Class 5 felony with a mandatory minimum term of five years. The prohibitions against strawman purchases do not apply to the purchase of a firearm by a parent, grandparent, or other guardian of a child for the lawful use, possession, or transport of the firearm by the child where the child's age is the sole reason the child is ineligible to purchase a firearm. The bill also adds persons found legally incompetent or mentally incapacitated, persons involuntarily admitted to a mental health facility or sent for involuntary outpatient mental health treatment, and those who were the subject of a temporary detention order and subsequently agreed to voluntary admission to a mental health facility to the list of persons for whom it is illegal to sell, barter, give, or furnish a firearm if the seller knows that the person is prohibited from possessing or transporting a firearm and increases the penalty from a Class 6 felony to a Class 4 felony.
Session: 2013 Regular Session
Last Action: Governor: Acts of Assembly Chapter text (CHAP0797)
Last Action Date: April 3, 2013
Sponsors
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
2 sponsors: George L. Barker; Thomas A. Garrett
Percentage of Senate sponsoring bill: 5% (2 of 40)
History
| Chamber | Date | Action |
| Apr 3, 2013 | Governor: Approved by Governor-Chapter 797 (effective 7/1/13) | |
| Senate | Apr 3, 2013 | Reenrolled |
| Apr 3, 2013 | Governor: Governor's recommendation adopted | |
| House | Apr 3, 2013 | VOTE: ADOPTION (87-Y 7-N) |
| House | Apr 3, 2013 | House concurred in Governor's recommendation (87-Y 7-N) |
| Senate | Apr 3, 2013 | Senate concurred in Governor's recommendation (40-Y 0-N) |
| Apr 3, 2013 | Governor: Acts of Assembly Chapter text (CHAP0797) | |
| House | Apr 3, 2013 | Signed by Speaker as reenrolled |
| Senate | Apr 3, 2013 | Signed by President as reenrolled |
| Senate | Apr 3, 2013 | Reenrolled bill text (SB1378ER2) |
| Senate | Apr 2, 2013 | Placed on Calendar |
| Senate | Mar 25, 2013 | Governor's recommendation received by Senate |
| House | Feb 23, 2013 | Signed by Speaker |
| Senate | Feb 23, 2013 | Signed by President |
| Senate | Feb 23, 2013 | Enrolled |
| Senate | Feb 23, 2013 | Bill text as passed Senate and House (SB1378ER) |
| Senate | Feb 21, 2013 | House amendment agreed to by Senate (39-Y 0-N) |
| House | Feb 20, 2013 | Passed House with amendment (84-Y 11-N) |
| House | Feb 20, 2013 | Read third time |
| House | Feb 20, 2013 | Committee amendment agreed to |
| House | Feb 20, 2013 | Engrossed by House as amended SB1378 |
| House | Feb 20, 2013 | VOTE: PASSAGE (84-Y 11-N) |
| House | Feb 19, 2013 | Read second time |
| House | Feb 18, 2013 | Placed on Calendar |
| House | Feb 18, 2013 | Reported from Courts of Justice with amendment (11-Y 5-N) |
| House | Feb 18, 2013 | Referred to Committee for Courts of Justice |
| House | Feb 18, 2013 | Read first time |
| Senate | Feb 15, 2013 | Constitutional reading dispensed (39-Y 1-N) |
| Senate | Feb 15, 2013 | Passed Senate (39-Y 0-N) |
| Senate | Feb 15, 2013 | Read second time and engrossed |
| Senate | Feb 14, 2013 | Read first time |
| Senate | Feb 13, 2013 | Reported from Finance (15-Y 0-N) |
| Senate | Feb 11, 2013 | Rereferred to Finance |
| Senate | Feb 11, 2013 | Reported from Courts of Justice (15-Y 0-N) |
| Senate | Feb 8, 2013 | Presented and ordered printed 13104694D |
| Senate | Feb 8, 2013 | Referred to Committee for Courts of Justice |
| Senate | Feb 8, 2013 | Introduced at the request of Governor |
Texts
| Type | Date | State Link | Text |
| Chaptered | Apr 3, 2013 | state link | bill text |
| Enrolled | Apr 3, 2013 | state link | bill text |
| Enrolled | Feb 23, 2013 | state link | bill text |
| Introduced | Feb 8, 2013 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| There are no amendments to this bill at this time | |||||
Votes - Click on description to view vote roll call
Senate: Reported from Courts of Justice (15-Y 0-N)
Senate: Reported from Finance (15-Y 0-N)
Senate: Constitutional reading dispensed (39-Y 1-N)
Senate: Passed Senate (39-Y 0-N)
House: Reported from Courts of Justice with amendment (11-Y 5-N)
House: VOTE: PASSAGE (84-Y 11-N)
Senate: House amendment agreed to by Senate (39-Y 0-N)
Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
House: VOTE: ADOPTION (87-Y 7-N)
Link: link to state bill page
