Proposed Virginia Firearm Legislation
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Filter: Click on bill number for details. jump to upper chamber
note: Legislation carries over from even-numbered to odd-numbered years. When a bill is carried over, legislators have until early December to consider and vote on the legislation. All bills considered for carryover must have been in a committee at sine die, and addressed and passed by the committee by the December deadline.
Title: Firearms; possession following conviction of certain crimes, penalty.
Description: Possession of firearms following conviction of certain crimes; penalty. Prohibits any person who is convicted of stalking, sexual battery, or assault and battery of a family member that results in serious bodily injury from possessing, transporting, or carrying a firearm or any other weapon for a period of five years following his conviction. A violation would constitute a Class 6 felony. The bill also provides for the forfeiture of any weapon possessed, transported, or carried in violation of the prohibition. Finally, the bill provides for a process by which a violator may petition the circuit court for a reinstatement of his rights to possess, transport, or carry a weapon.
Last Action: Left in Courts of Justice
Last Action Date: February 12, 2014
Title: Criminal history record information checks upon handgun purchases; dissemination of information.
Description: Criminal history record information checks upon handgun purchases; protective order registry; dissemination of information. Provides that certain criminal history record information and protective order registry information shall be made available to the Attorney General of the United States for the purposes of a National Instant Criminal Background check to determine a person's eligibility to possess or purchase a firearm under state or federal law. The bill also limits the requirement for a Virginia-specific criminal history record information check to the purchase of handguns only. Under current law, the Virginia-specific criminal history record information check applies to all purchases of any firearm in the Commonwealth.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: November 29, 2012
Title: Concealed handgun permittees; criminal history record information check exemption for some firearms.
Description: Criminal history record information check for transfer of certain firearms; exemption for concealed handgun permittees. Provides an exemption from Virginia-specific criminal history record information checks upon the purchase of firearms from licensed dealers when the purchaser is a Virginia resident holding a valid Virginia-issued concealed handgun permit.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: November 29, 2012
Title: Concealed handgun permittees; criminal history record information check exemption for some firearms.
Description: Criminal history record information check for transfer of certain firearms; exemption for concealed handgun permittees. Provides an exemption from the required criminal history record information check upon firearms transfers in the Commonwealth for persons holding a valid Virginia-issued concealed handgun permit.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: November 29, 2012
Title: Concealed handgun permits and carrying concealed weapons; reorganizing and recodifying law.
Description:
Last Action: Left in Courts of Justice
Last Action Date: November 29, 2012
Title: Criminal history record information check; elimination of fees.
Description: Criminal history record information checks; elimination of fees. Eliminates the fees to be collected by licensed dealers for every firearms transaction that requires a criminal history record information check.
Last Action: Left in Appropriations
Last Action Date: November 29, 2012
Title: Firearms and other weapons; removing prohibition against carrying in air carrier airport terminals.
Description: Carrying weapons in air carrier airport terminals; removing prohibition against carrying firearms. Removes the prohibition against carrying certain firearms and other weapons in air carrier airport terminals. The bill retains the prohibition against carrying explosives in such areas.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: November 29, 2012
Title: Concealed handgun permit; removes certain requirements for out-of-state permits.
Description: Out-of-state concealed handgun permits; photo identification. Removes certain requirements for an out-of-state concealed handgun permit to be recognized and accepted in Virginia. Requires an out-of-state permittee to carry and present a valid government-issued photo identification in order for his valid out-of-state concealed weapon permit to be recognized and accepted in Virginia.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: November 29, 2012
Title: Concealed handgun permits; firearms safety courses.
Description: Concealed handgun permit; firearms safety course. Eliminates certain firearms safety courses the completion of which currently satisfies the requirement that all resident and nonresident applicants for a concealed handgun permit demonstrate competence with a handgun. The bill also requires that certain firearms safety courses that satisfy this requirement focus primarily on the use and handling of a concealed handgun.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 6, 2013
Title: State legislative buildings; prohibits possession of weapons in Capitol of Va., exception.
Description: Possession of weapons in state legislative buildings. Prohibits the possession of weapons in legislative buildings except by any person who lawfully possesses a handgun. The provisions of the bill would not apply to General Assembly members or staff or to any law-enforcement officer.
Last Action: Tabled in Rules by voice vote
Last Action Date: January 31, 2013
Title: Self-defense and defense of others; encodes version of "castle doctrine."
Description: Castle doctrine. Encodes a version of the "castle doctrine," allowing the use of physical force, including deadly force, by a person in his dwelling against an intruder in the dwelling who has committed an overt act against him or another person who is lawfully in the dwelling, without civil liability and without limit to any other existing defense or immunity.
Last Action: Left in Courts of Justice
Last Action Date: February 5, 2013
Title: School boards; training for persons designated to carry concealed handguns on school property.
Description: School boards; employee firearms training. Requires every school board in the Commonwealth to designate at least one qualified person for every school in the district who, upon application with the school board, may carry a concealed handgun on school property. The bill requires all designated persons, including certain school division employees, certain school volunteers who carry valid concealed handgun permits, and certain retired law-enforcement officers, to be certified and trained by the Virginia Center for School Safety or the National Rifle Association in the storage, use, and handling of a concealed handgun. The bill also outlines the training requirements for designated persons as designed by the Department of Criminal Justice Services.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 6, 2013
Title: Armed security officers; protection of schools and child day centers.
Description: Armed security officers; protection of schools and child day centers. Permits any armed security officers licensed by the Department of Criminal Justice Services to carry firearms onto private or religious school property if such officer is hired by the private or religious school to provide protection to students and employees. The bill also prohibits the Board of Social Services from adopting any regulations that would prevent a child day center from hiring an armed security officer.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0416)
Last Action Date: March 16, 2013
Title: Libraries; locality to adopt an ordinance that prohibits firearms, ammunition, etc., in.
Description: Control of firearms; libraries owned or operated by localities. Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components, or a combination thereof, in libraries owned or operated by the locality.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 6, 2013
Title: Concealed handgun permit; exception retired investigator of security division of Lottery Department.
Description: Concealed handgun permit; retired investigator of the State Lottery Department; exception. Provides an exception for a concealed handgun permit for a qualifying retired investigator of the security division of the State Lottery Department. The bill contains technical amendments.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0559)
Last Action Date: March 20, 2013
Title: Firearms; removes specific exception for possession on public school property, penalty.
Description: Possession of firearm on public school property; penalty. Removes the specific exception for a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade of three inches or longer, in or upon a motor vehicle located at any elementary, middle, or high school or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle located at any elementary, middle, or high school from the list of exceptions for possessing a weapon on school property, which when violated is a Class 6 felony.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 6, 2013
Title: Concealed weapons and concealed handgun permits; reorganizing & recodifying law related to carrying.
Description:
Last Action: Governor: Acts of Assembly Chapter text (CHAP0746)
Last Action Date: April 3, 2013
Title: Firearms; requires background check for any purchase.
Description: Sale of firearms; penalty. Requires a background check for any firearm purchase and requires the Department of State Police to establish a process for sellers to obtain such a check from licensed firearm dealers. A seller who fails to obtain such a check and sells the gun to any other person is guilty of a Class 1 misdemeanor.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 6, 2013
Title: Firearms and firearms magazines, certain; unlawful to sell, import, etc., penalty.
Description: Sale, transfer, etc., of certain firearms and firearms magazines; penalty. Provides that a person who imports, sells, barters, or transfers an assault firearm is guilty of a Class 6 felony. The bill also provides that a person who imports, sells, barters, or transfers a firearms magazine that is designed to hold more than 20 rounds of ammunition is guilty of a Class 1 misdemeanor. Finally, the bill provides an exception from both penalties for law-enforcement officers and military personnel.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 6, 2013
Title: Firearms; prohibiting selling, etc., to certain persons.
Description: Prohibiting selling, etc., of firearms to certain persons; penalty. 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 a Class 6 felony to sell, barter, give, or furnish a firearm if the seller knows that the person is prohibited from possessing or transporting a firearm.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 6, 2013
Title: Firearms; increases penalties for use, display, or discharge during commission of certain felonies.
Description: Use, display, or discharge of firearm in committing felony. Increases (exclusively mandatory minimum) penalties for use or display of a firearm during the commission of certain felonies from three to four years for a first offense and from five to six years for a second or subsequent offense.
Last Action: Failed to pass in House
Last Action Date: February 23, 2013
Title: Firearms; prohibition of sale, transfer, etc., of certain magazines, penalties.
Description: Prohibition of sale, transfer, etc., of certain firearms magazines; penalties. Provides that any person, corporation, or other entity that manufactures, imports, possesses, purchases, sells, or transfers any large capacity magazine shall be subject to a $1,000 fine. The bill provides for exceptions to the prohibition, including the owner's registration with the Department of State Police following a criminal history record information check. The willful or intentional making of a materially false statement on the consent form required by the processes required for a criminal history record information check shall be a Class 5 felony. The bill also provides that a registrant is limited to three high capacity magazines and must otherwise dispose of all magazines in excess of the limit. Finally, the bill outlines the registration process for anyone who owns a large capacity magazine.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 6, 2013
Title: Firearms and ammunition; temporary seizure, penalty.
Description: Firearms and ammunition; temporary seizure; penalty. Provides that certain persons shall be required to report to law enforcement whenever they see, hear, receive, or otherwise have communicated to them that an individual intends to inflict death or serious bodily injury on himself or any other person. Failure to provide such report for threats involving violent felonies shall be a Class 1 misdemeanor. Failure to provide such report for threats that do not involve violent felonies shall subject the person to a fine up to $500 for the first failure and to a fine of at least $1,000 for each subsequent failure. The bill also provides that law-enforcement officers may temporarily seize the firearm or ammunition of an individual who indicates his intent to inflict death or serious bodily injury on himself or another person. The bill's reporting requirement shall be the basis of the temporary seizure of a firearm or ammunition in the possession of, owned by, or in the immediate access of an individual who is the subject of the report. Finally, the bill provides the procedure by which law enforcement may temporarily seize the firearm or ammunition of an individual who is the subject of these reports.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 6, 2013
Title: Mandatory minimum sentences; terms of confinement or imprisonment to be served consecutively.
Description:
Last Action: Governor: Acts of Assembly Chapter text (CHAP0761)
Last Action Date: April 3, 2013
Title: School security officers; officers shall be retired law-enforcement officers.
Description: School security officers. Provides that school security officers shall be retired law-enforcement officers or persons who have been certified as a law-enforcement officer within the previous five years of employment as a school security officer. Such officers would be employed by local law-enforcement agencies to provide armed security services to any Virginia public elementary or secondary school. The bill also provides that school security officers shall be trained and certified by the Virginia Center for School Safety in accordance with minimum training standards developed by the Department of Criminal Justice Services. Finally, the bill includes school security officers within the School Resource Officer and School Security Officer Grants Program and Incentive Grants Fund.
Last Action: Tabled in Courts of Justice by voice vote
Last Action Date: January 23, 2013
Title: Firearms; failure to report those lost or stolen, penalty.
Description: Lost or stolen firearms; failure to report; penalty. Provides that any person who fails to report to the appropriate local law-enforcement agency the loss or theft of a firearm he owns or lawfully possesses within 24 hours of the time that he knew or resaonably should have known of such loss or theft is guilty of a Class 1 misdemeanor.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 6, 2013
Title: Firearms; residency of armed forces members.
Description: Transfer of firearms; residency of armed forces members. Provides that residency for members of the armed forces for the purpose of firearms purchases in the Commonwealth shall include both the member's permanent duty post and the nearby state in which the member resides and from which he commutes to the permanent duty post.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0450)
Last Action Date: March 16, 2013
Title: Handguns; prohibits individuals from purchasing more than one in 30-day period.
Description: Purchase of handguns; Limitation on handgun purchases. Prohibits individuals from purchasing more than one handgun in a 30-day period.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 6, 2013
Title: Criminal history record information check; concealed handgun permittees.
Description: Criminal history information background check; concealed handgun permittees. Requires that the Department of State Police shall provide an expedited process by which a resident of the Commonwealth who presents a validly-issued Virginia concealed handgun permit may receive a criminal history information background check upon the purchase of a firearm.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 6, 2013
Title: Limitation on Administrative Actions Relating to Firearms Act; established.
Description: Limitation on administrative actions relating to Firearms Act. Establishes legislative preemption of any administrative action taken by an administrative body that has the direct or indirect effect of governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof, unless the administrative body has express statutory authority. Under the bill, any administrative action taken prior to July 1, 2012, having a direct or indirect effect of governing the purchase, possession, transfer, ownership, carrying, or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid. The bill also requires administrative bodies to take appropriate action to bring any contrary administrative action into compliance.
Last Action: Left in Courts of Justice
Last Action Date: November 30, 2012
Title: United States Constitution; General Assembly recognizes 2nd Amendment protects right to bear arms.
Description: Recognizing that the Second Amendment to the United States Constitution protects an individual's right to keep and bear arms. Recognizes that the Second Amendment to the United States Constitution protects an individual's right to keep and bear arms.
Last Action: Bill text as passed Senate and House (SJ368ER)
Last Action Date: March 5, 2013
Title: Criminal history record information check; required forms upon sale of a firearm.
Description: Criminal history record checks for firearms; required forms. Provides that only certain information about the purchaser may be required on the State Police form to be completed when purchasing a firearm.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: November 29, 2012
Title: Firearms; possession within residence of victim by persons subject to protective orders.
Description: Possession or transportation of firearms; certain emergency protective orders; penalty. Creates a Class 1 misdemeanor for the physical possession of a firearm while in the residence of the alleged victim or the transport of a firearm by a person subject to an emergency protective order issued as a result of an assault and battery against a family or household member.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: November 29, 2012
Title: Criminal history record information check; transfer of rifles and shotguns.
Description: Criminal history record information checks upon handgun purchases; dissemination of information. The bill limits the requirement for a Virginia-specific criminal history record information check to the purchase of handguns. The bill requires the Virginia Attorney General to inform the U.S. Attorney General of Virginia law provisions regarding the purchase of firearms and that certain information regarding juvenile criminal history records and protective orders will be forwarded to the Central Criminal Records Exchange for use in the National Instant Criminal Background Check System.
Last Action: Left in Courts of Justice
Last Action Date: November 30, 2012
Title: Concealed handgun permit fees; provides an exemption for certain retired correctional officers.
Description: Concealed handgun permit fees; correctional officers; exemption. Provides an exemption for any retired correctional officer with at least 15 years of service from any fee charged for the issuance of a concealed handgun permit. The bill contains technical amendments.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0135)
Last Action Date: March 12, 2013
Title: Firearms, lost or stolen; duty of law enforcement.
Description: Lost or stolen firearms; duty of law enforcement. Provides that whenever a person reports the theft or loss of a firearm to law enforcement, the law-enforcement agency must enter, to the extent such information is known by the officer or department, the appropriate information required by the Department of State Police, into the "information system" known as the Virginia Criminal Information Network (VCIN).
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 18, 2013
Title: Mandatory minimum sentences; terms of confinement or imprisonment to be served consecutively.
Description:
Last Action: Governor: Acts of Assembly Chapter text (CHAP0774)
Last Action Date: April 3, 2013
Title: Firearms; criminal history records check required for transfer, penalties.
Description: Transfer of firearms; criminal history records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also requires that the promoter of a firearms show provide vendors with access to licensed dealers who will conduct the criminal history record information check.
Last Action: Incorporated by Courts of Justice
Last Action Date: January 18, 2013
Title: Firearms; failure to report those lost or stolen, penalty.
Description: Lost or stolen firearms; failure to report; penalty. Provides that a person who fails to report to the appropriate law-enforcement agency that a firearm he owns or lawfully possesses has been stolen or lost within 24 hours from the time the person knew or reasonably should have known of the theft or loss is guilty of a Class 3 misdemeanor, and is guilty of a Class 1 misdemeanor for a second or subsequent violation. The bill also provides that a person who knowingly files a false report of a lost or stolen firearm is guilty of a Class 1 misdemeanor.
Last Action: Incorporated by Courts of Justice
Last Action Date: January 18, 2013
Title: Firearms; criminal history records check required for transfer, penalties.
Description: Transfer of firearms; criminal history records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also requires that the promoter of a firearms show provide vendors with access to licensed dealers who will conduct the criminal history record information check.
Last Action: Passed by indefinitely in Courts of Justice (8-Y 7-N)
Last Action Date: January 23, 2013
Title: State legislative buildings; prohibits possession of firearms in Capitol of Va., etc., exception.
Description: Possession of handguns in legislative buildings. Prohibits the possession of a firearm in Capitol Square, including the Capitol and other buildings predominantly used to conduct the business of the General Assembly. The Capitol Police are required to screen persons entering the Capitol or the General Assembly Building. The prohibition would not apply to members of the General Assembly or to law-enforcement officers.
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 8-N)
Last Action Date: January 18, 2013
Title: Firearms; prohibiting selling, etc., to certain persons.
Description: Prohibiting selling, etc., of firearms to certain persons; penalty. 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 a Class 6 felony to sell, barter, give, or furnish a firearm if the seller knows that the person is prohibited from possessing or transporting a firearm.
Last Action: Passed by indefinitely in Finance (15-Y 0-N)
Last Action Date: January 29, 2013
Title: Firearm transfers; penalties.
Description: Firearm transfers; penalties. Creates a Class 2 misdemeanor for a person who is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer. The bill also creates a Class 2 misdemeanor for a person who is not a licensed dealer to buy, rent, trade, or transfer a firearm from any other person who is not a licensed dealer.
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 8-N)
Last Action Date: January 18, 2013
Title: Firearms magazines; prohibits person from selling, etc. those designed to hold more than 10 rounds.
Description: Prohibition of sale, transfer, etc. of certain firearms magazines; penalties. Prohibits any person from selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 1 misdemeanor. The bill prohibits a person from carrying semi-automatic center-fire firearms with more than 10 rounds of ammunition in a public place; under existing law this prohibition applies only in certain localities and only to such firearms if the firearm holds more than 20 rounds of ammunition. The bill redefines "assault firearm" in the Code section that prohibits noncitizens and persons not lawfully admitted for permanent residence from possessing assault firearms and in the Code section that prohibits dealers from transferring an assault firearm to such persons by reducing the number of rounds of ammunition that the magazine will hold from more than 20 to more than 10. The rounds of ammunition are also reduced from more than 20 to more than 10 in the section that makes it unlawful for a person younger than 18 years of age to possess an assault firearm.
Last Action: Failed to report (defeated) in Courts of Justice (7-Y 7-N)
Last Action Date: January 18, 2013
Title: Firearms; property or facilities owned or leased by localities.
Description: Control of firearms; property owned or leased by localities. Repeals provisions preventing localities from adopting ordinances and taking administrative actions regarding firearms and authorizes localities to adopt ordinances that prohibit firearms, ammunition, or components, or a combination thereof, on property owned or leased by a locality.
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 8-N)
Last Action Date: January 18, 2013
Title: Firearms; criminal history information check required to sell.
Description: Sale of firearms; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for sellers to obtain such a check from licensed firearm dealers. A seller who fails to obtain such a check and sells the gun to any other person is guilty of a Class 1 misdemeanor.
Last Action: Incorporated by Courts of Justice
Last Action Date: January 18, 2013
Title: Firearms; criminal history record information check required for any purchase.
Description: Sale of firearms; penalty. Requires a background check for any firearm purchase and requires the Department of State Police to establish a process for sellers to obtain such a check from licensed firearm dealers. A seller who fails to obtain such a check and sells the gun to someone who is prohibited from possessing a firearm by state or federal law is guilty of a Class 6 felony.
Last Action: Passed by indefinitely in Courts of Justice (8-Y 6-N)
Last Action Date: January 18, 2013
Title: Concealed handgun permits; confidentiality of permittee information.
Description: Nondisclosure of concealed handgun permit information. Prohibits the clerk of a circuit court who issued a concealed handgun permit from publicly disclosing an applicant's name and any other information contained in a concealed handgun permit application or in any order issuing a concealed handgun permit.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0659)
Last Action Date: March 20, 2013
Title: Firearms; residency of armed forces members.
Description: Transfer of firearms; residency of armed forces members. Provides that residency for members of the armed forces for the purpose of firearms purchases in the Commonwealth shall include both the member's permanent duty post and the nearby state in which the member resides and from which he commutes to the permanent duty post.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0662)
Last Action Date: March 20, 2013
Title: Firearm shows; VSP to be available to perform background checks for non-dealer sales, etc.
Description: Transfer of firearms at gun shows; voluntary background check. Requires the Department of State Police to be available to perform background checks for non-dealer sales at gun shows if a party involved in a transaction wants one. In order for the bill to become effective, the U.S. Department of Justice must approve the policies and procedures that the Department of State Police will use to implement the provisions of the bill.
Last Action: Failed to report (defeated) in Courts of Justice (3-Y 11-N 1-A)
Last Action Date: February 4, 2013
Title: Firearms; person guilty of Class 4 felony if sells to person he knows is prohibited from possessing.
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.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0797)
Last Action Date: April 3, 2013