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: Concealed handgun permits; decreases local law-enforcement background investigation fee.
Description: Fees for concealed handgun permits. Decreases the local law-enforcement background investigation fee from $35 to $10, which includes any amount assessed by the FBI for providing criminal history record information. The total amount assessed for processing an application for a permit is thereby decreased from $50 to $25.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: School boards, local; employee firearms training.
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 Education
Last Action Date: February 12, 2014
Title: Federal firearms laws; enforcement.
Description: Federal firearms laws; enforcement. Provides that agencies and political subdivisions of the Commonwealth, and employees thereof, shall not knowingly aid any employee or entity of the federal government (i) in the enforcement of federal firearms laws that take effect on or after December 1, 2013, or (ii) in the conduct or enforcement of a criminal background check related to any intrastate sale, loan, gift, or other transfer of a firearm between citizens of the Commonwealth.
Last Action: Left in Appropriations
Last Action Date: February 12, 2014
Title: Constitutional amendment; restoration of voting rights.
Description: Constitutional amendment (first resolution); restoration of voting rights. Provides for the automatic restoration of voting rights to persons convicted of nonviolent felonies except felony drug and election fraud crimes upon completion of sentence, including any term of probation or parole. The resolution further provides that persons convicted of violent felonies, felony drug crimes, or election fraud crimes may have their voting rights restored by the Governor upon completion of sentence, including any term of probation or parole, and authorizes the General Assembly to provide by law for the restoration of voting rights to such persons. The restoration of rights pursuant to these provisions has no effect on the right to possess firearms.
Last Action: Left in Privileges and Elections
Last Action Date: February 12, 2014
Title: Firearms; purchase and sale of rifles or shotguns, penalties.
Description: Firearms; purchase and sale of rifles or shotguns; penalties. Prohibits the sale of any rifle, shotgun, or assault rifle by a federally licensed firearms dealer to any out-of-state resident. Under current law, out-of-state residents may purchase rifles, shotguns, or assault rifles from licensed dealers in the Commonwealth, provided certain background checks have been passed. Also, the bill moves language regarding driver's license designations from Title 18.2, Crimes and Offenses Generally, to Title 46.2, Motor Vehicles, with no substantive change to the language. The bill contains technical amendments.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Concealed handgun permits; references to issuance of handgun permit before July 1, 2008.
Description: Concealed handgun permits; records. Provides that any references to the issuance of a concealed handgun permit in any order book before July 1, 2008, are exempt from the requirement that such orders be withheld from public disclosure. The bill also directs circuit court clerks to issue replacement permits to permit holders who undergo a lawful name change.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0016)
Last Action Date: February 27, 2014
Title: State legislative buildings; prohibits possession of weapons in buildings except by certain persons.
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 that require screening of persons entering such building would not apply to General Assembly members or staff or to any law-enforcement officer.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Schools, private or religious; possession of firearm, etc., on school property.
Description: Possession of firearm, etc., on school property; private or religious schools. Eliminates the crimes of possession on the property of a private or religious elementary, middle, or high school; a school bus owned or operated by such school; or any property being used for functions or extracurricular activities sponsored by such school of a stun weapon, knife, or other weapon (currently a Class 1 misdemeanor) or a firearm (currently a Class 6 felony). The bill does not affect the criminal penalties for the possession of such weapons on public school property.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Speaker of the House; authorized to employ legal counsel to represent the House of Delegates.
Description: Speaker of the House; legal counsel. Authorizes the Speaker of the House to employ legal counsel to represent the House of Delegates and institute legal action against any federal authority that violates the sovereign rights of the Commonwealth reserved and guaranteed under the United States Constitution.
Last Action: Tabled in Rules by voice vote
Last Action Date: January 30, 2015
Title: Firearm possession; involuntary commitment and restoration of rights.
Description:
Last Action: Left in Courts of Justice
Last Action Date: February 12, 2014
Title: Prohibition on weapons at airport; exception for concealed handgun.
Description: Prohibition on weapons at airport; exception for concealed handgun. Provides that a person who holds a valid concealed handgun permit may lawfully possess or transport a concealed handgun into any air carrier airport terminal.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Concealed handgun permit applicant; access to information.
Description: Concealed handgun permit applicant; access to information. Allows a clerk of a circuit court to disclose information contained in a concealed handgun permit application to the applicant. Currently, the clerk may not disclose such information to anyone except a law-enforcement officer acting in the performance of his official duties.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0401)
Last Action Date: March 31, 2014
Title: Misdemeanors, certain; expungement of police and court records.
Description: Expungement of certain misdemeanors. Allows a person convicted of certain misdemeanors who has successfully completed all terms of probation to file a petition for expungement 10 years after the conviction if he has not been convicted of any other offense upon payment of a fee of $325. DUI, child abuse or neglect, domestic violence, sex offenses, and crimes against persons do not qualify for expungement. Any conviction that is expunged will be considered a prior conviction for purposes of prosecution of any subsequent offense for which the prior conviction statutorily enhances punishment.
Last Action: Left in Courts of Justice
Last Action Date: February 12, 2014
Title: Firearms; restoration of rights, report to State Police.
Description: Restoration of firearms rights; report to State Police. Provides a mechanism for reporting when a circuit court restores a felon's right to possess a firearm to the Department of State Police. Prior to entry of a restoration order, the petitioner's fingerprints and petition are sent to the Central Criminal Records Exchange (CCRE) and the petitioner's criminal history is forwarded to the court and may be inspected by the attorney for the Commonwealth. If the order is granted, the Department of State Police shall enter the person's name and description in the CCRE so law-enforcement personnel accessing the computerized criminal history files will be aware of the order's existence.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: December 4, 2014
Title: Speaker of the House; authorized to employ legal counsel to represent the General Assembly.
Description: Speaker of the House; legal counsel. Authorizes the Speaker of the House to employ legal counsel to represent the General Assembly and institute legal action against any federal authority that violates the sovereign rights of the Commonwealth reserved and guaranteed under the United States Constitution.
Last Action: Tabled in Rules by voice vote
Last Action Date: January 30, 2015
Title: Firearms; criminal history record information check on transferee; penalties.
Description: Transfer of firearms; criminal history record information 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 access to licensed dealers who will conduct the criminal history record information check.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Concealed handgun permits; residents of the Commonwealth.
Description: Concealed handgun permits; residents of the Commonwealth. Allows any resident of the Commonwealth who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun within the Commonwealth.
Last Action: Stricken from docket by Militia, Police and Public Safety by voice vote
Last Action Date: January 17, 2014
Title: Concealed handgun; issuance of lifetime permits to Virginia residents.
Description: Concealed handgun permits; lifetime permits. Provides for the issuance of concealed handgun permits for Virginia residents that do not expire. Currently, such permits must be renewed every five years.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Concealed handgun permits; no fees charged for replacement.
Description: Replacement concealed handgun permits. Provides that no fees shall be charged for the issuance of a replacement concealed handgun permit because the permit holder has changed his address (currently subject to a maximum fee of $10) or to replace a lost or destroyed permit (currently subject to a maximum fee of $5).
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Concealed handgun permit; changes to types of firearms safety courses.
Description: Concealed handgun permit; firearms safety course; nonresident permits. Makes various changes to the types of training courses permitted to satisfy the requirement to display competence with a handgun to obtain a resident or nonresident concealed handgun permit, including (i) requiring that a National Rifle Association (NRA) or Department of Criminal Justice Services (DCJS) course focus on the use and handling of a concealed handgun; (ii) requiring that a law-enforcement course be a handgun training course rather than a firearms safety course; and (iii) requiring that online NRA or DCJS training courses be synchronous. The bill also requires that applicants for a nonresident concealed handgun permit possess a valid concealed handgun permit from their state of residence and provide a copy of that permit with their application
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Concealed handgun permits; eliminates certain requirements for an out-of-state permit.
Description: Out-of-state concealed handgun permits. Eliminates certain requirements for an out-of-state concealed handgun permit to be recognized in Virginia and provides that such a permit authorizes the holder of the permit to carry a concealed handgun so long as the permit holder carries a valid government-issued photo identification and presents that identification to any law-enforcement officer upon request.
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 9-N)
Last Action Date: February 12, 2014
Title: Concealed handgun permit; no fees required for renewal.
Description: Renewal of concealed handgun permit; no fees required. Provides that a person who has previously been issued a concealed handgun permit does not have to pay any fees to renew such permit.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Concealed handgun permits, lifetime; Department of State Police to issue, penalty.
Description: Lifetime concealed handgun permits; Department of State Police to issue; penalty. Provides for the issuance of concealed handgun permits that do not expire to Virginia residents upon payment of a one-time fee of $100, except that the fee for a person currently holding an unexpired permit is $50. Currently, the fee for issuing such permits is $50, and the permits must be renewed every five years with an additional $50 fee charged each time. Such lifetime permits will include a photograph of the permittee. The bill also centralizes the issuance of concealed handgun permits with the Department of State Police; under current law, the circuit court clerk for the jurisdiction where the applicant resides issues such permits. The Department of State Police must issue a permit within 45 business days of receipt of a completed application, unless the applicant is disqualified, and a replacement permit within 30 business days of receipt of a notarized statement from the permittee that the permit was lost or stolen. Permittees must notify the Department of State Police within 30 business days of any change in their address. The bill also requires the Department of State Police to conduct periodic background checks during the lifetime of any permit issued in the Commonwealth. The bill provides for a process by which a person whose permit application was denied or whose permit was revoked may appeal such determination. The Department of State Police will submit a report containing statistical information regarding the issuance of concealed handgun permits annually to the General Assembly. The bill also requires the Department of State Police to charge a fee of $25 for the issuance of a permit to certain retired non-Virginia law-enforcement personnel (currently no fee is charged), $200 for the issuance of a nonresident permit (currently $100), $10 for the issuance of a replacement permit (currently $10 due to an address change or $5 for a lost or destroyed permit), and $50 for the transference of a nonresident permit into a resident permit. Finally, the bill provides that any person who knowingly possesses a revoked or suspended permit is guilty of a Class 1 misdemeanor and is guilty of a Class 6 felony if he is simultaneously in possession of a concealed handgun. The bill does not alter current penalties for carrying a concealed handgun without a permit. The bill has a delayed effective date of January 1, 2015.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: December 4, 2014
Title: Mental health; prohibition of firearms.
Description: Mental health; prohibition of firearms. Requires the district court judge or special justice to file any order from a commitment hearing for involuntary admission or involuntary outpatient treatment or any certification of voluntary admission subsequent to a temporary detention order with the district court clerk for the county or city where the hearing took place as soon as practicable but no later than the close of business on the next business day following the completion of the hearing. The bill also amends guardianship provisions to require that a copy of the court's findings that a person is incapacitated or has been restored to capacity or a copy of any order appointing a conservator or guardian shall be filed by the judge with the clerk of the circuit court for the county or city where the hearing took place as soon as practicable, but no later than the close of business on the next business day following the completion of the hearing. Current law does not specify in which county or city the copy shall be filed, nor does it provide a deadline. The bill also changes the deadline for a clerk to certify and forward to the Central Criminal Records Exchange a copy of any order adjudicating a person incapacitated, any order appointing a conservator or guardian, or any order of restoration of capacity to as soon as practicable, but no later than the close of business on the following day instead of the current requirement that a clerk perform these actions "forthwith."
Last Action: Governor: Acts of Assembly Chapter text (CHAP0336)
Last Action Date: March 27, 2014
Title: Student discipline; expulsion due to firearm or drug offenses.
Description: Elementary and secondary school students; expulsion. Clarifies that students who have committed certain weapons or drugs offenses are not required to be expelled regardless of the facts of the particular situation.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0765)
Last Action Date: April 7, 2014
Title: Teachers and other school board employees; grounds for dismissal.
Description: Dismissal of teachers and other school board employees; grounds. Provides that no school board employee shall be dismissed or placed on probation solely on the grounds that (i) he possessed an unloaded firearm that is in a closed container in or upon his vehicle or in the locked trunk of his vehicle, a knife having a metal blade in or upon his motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon his motor vehicle or (ii) the employee, who has a valid concealed handgun permit, possessed a concealed handgun while in his motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school.
Last Action: Passed by indefinitely in Education and Health (8-Y 7-N)
Last Action Date: February 27, 2014
Title: Firearms; prohibition of sale, transfer, etc., of certain magazines, fine.
Description: Prohibition of sale, transfer, etc., of certain firearms magazines; fine. 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 $250 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 will subject the person making such statement to a $250 fine. The bill also provides that a registrant is limited to three large 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 12, 2014
Title: Firearms; willful discharge resulting in permanent physical impairment, Class 6 felony.
Description: Reckless handling of firearms; penalty. Provides that any person who recklessly handles a firearm and through such reckless handling causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0579)
Last Action Date: April 4, 2014
Title: Firearms; criminal history record information checks for sales, penalty.
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: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Firearms; transfer at gun shows, voluntary background check.
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. The promoter of the firearms show shall furnish the Department of State Police sufficient facilities to perform the background checks and shall reimburse the Department of State Police for its actual costs. 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: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Emergency custody orders; temporary firearms restriction orders.
Description: Emergency custody orders; temporary firearms restriction orders. Provides that a temporary firearms restriction order shall be issued by a magistrate who issues an emergency custody order. A person subject to a temporary firearms restriction order who purchases, possesses, or transports a firearm while the order is in effect is guilty of a Class 1 misdemeanor. The duration of a temporary firearms restriction order may not exceed 90 days. A person who is subject to a temporary firearms restriction order, at any time prior to the expiration of such order, may petition the general district court in the county or city in which he resides to restore his right to purchase, possess, or transport a firearm.
Last Action: Left in Courts of Justice
Last Action Date: February 12, 2014
Title: Concealed handgun permits; completion of firearms safety courses.
Description: Concealed handgun permits; firearms safety courses. Clarifies that in order for its completion to serve as proof of demonstrated competence with a handgun for purposes of obtaining a concealed handgun permit, a firearms safety or training course must utilize firearms instructors certified by the National Rifle Association or the Department of Criminal Justice Services.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Statewide Fire Prevention Code; use of consumer-grade fireworks, penalty.
Description: Statewide Fire Prevention Code; State Fire Marshal; consumer grade fireworks; penalty. Authorizes the use of consumer grade fireworks in the Commonwealth. The bill defines "consumer fireworks" as small fireworks devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and complying with certain federal regulations regarding composition and labeling. The bill also defines "display fireworks" and "restricted consumer fireworks." Under the bill any person who causes damage to property or causes injury to another person due to the negligent use of fireworks in violation of local fire prevention codes or the Statewide Fire Prevention Code is guilty of a Class 6 felony. The provisions of the bill are set to become effective January 1, 2015.
Last Action: Left in Courts of Justice
Last Action Date: February 12, 2014
Title: Firearms, certain; certification by chief law-enforcement officer within 30 days of request.
Description: Law-enforcement certification of certain firearms. Requires that when certification of a chief law-enforcement officer is required by federal law for the transfer of a firearm, as defined in the National Firearms Act, such certification must be provided within 30 days if the applicant is not prohibited by law from receiving the firearm. If the applicant is prohibited by law from receiving the firearm, the chief law-enforcement officer or his designee shall provide written notification to the applicant stating the reason for the prohibition. The definition of "firearm" includes machine guns, rifles and shotguns of a certain length, weapons made from certain rifles or shotguns, silencers, and destructive devices.
Last Action: Passed by indefinitely in Courts of Justice (9-Y 5-N)
Last Action Date: February 12, 2014
Title: Concealed handgun; carrying in a secured container or compartment in vehicle.
Description: Carrying concealed handgun; secured container or compartment in vehicle. Provides that for purposes of the exception to the prohibition against carrying a concealed weapon if it is in a secured container or compartment in a personal, private motor vehicle or vessel, the term "compartment" includes a console, glove compartment, or any other area within or on the vehicle or vessel that possesses the ability to be closed. The bill also provides that the term "secured" does not require that a container or compartment be locked, but merely closed.
Last Action: Governor: Vetoed by Governor
Last Action Date: March 17, 2014
Title: Firearms; purchase by persons intending to commit act of terrorism, penalty.
Description: Firearms; purchase by persons intending to commit act of terrorism; penalty. Provides that any person who, having the present intention to commit, conspire to commit, or aid and abet in the commission of an act of terrorism, purchases a firearm is guilty of a Class 1 misdemeanor and any person who sells a firearm to a person who has expressed such an intention is guilty of a Class 4 felony. The bill provides that any such person shall also be disqualified from obtaining a concealed handgun permit. The bill further provides that any person who is listed on the consolidated Terrorist Watchlist maintained by the Terrorist Screening Center administered by the Federal Bureau of Investigation is disqualified from obtaining a concealed handgun permit.
Last Action: Left in Courts of Justice
Last Action Date: February 12, 2014
Title: Firearms; prohibited in libraries owned or operated by localities.
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 12, 2014
Title: Trespass; signs prohibiting firearms posted on nonresidential building.
Description: Trespass; signs prohibiting trespass. Provides that a nonresidential building shall not be considered to be posted no trespassing with regard to signs prohibiting the carrying of a firearm or a particular type of firearm unless such signs (i) have been posted where they may reasonably be seen at all entrances to the building or to the part of the building to which the restriction applies, (ii) state the nature of the prohibition in conspicuous type, and (iii) have dimensions of at least five inches by seven inches.
Last Action: Stricken from docket by Courts of Justice by voice vote
Last Action Date: February 3, 2014
Title: Concealed handgun permits; completion of firearms safety courses.
Description: Concealed handgun permits; firearms safety courses. Clarifies that in order to serve as proof of demonstrated competence with a handgun for purposes of obtaining a concealed handgun permit, a firearms safety or training course must utilize firearms instructors certified by the National Rifle Association or the Department of Criminal Justice Services.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Controlled substance analogs; regulation by Board of Pharmacy, synthetic cannabinoids, penalties.
Description: Cannabimimetic agents; controlled substance analogs; regulation by Board of Pharmacy; penalties. Substitutes the term "cannabimimetic agents" for the term "synthetic cannabinoids" to describe certain substances that are unlawful to possess, sell, give, distribute, or manufacture. The bill authorizes the Board of Pharmacy to place controlled substance analogs (a substance that has a chemical structure substantially similar to that of a controlled substance in Schedule I or II and that has or is intended to have the same or a greater stimulant, depressant, or hallucinogenic effect on the central nervous system) into the list of controlled substances found in Schedule I or II via an expedited regulatory process. A substance added via this process is removed from such list after 18 months unless a general law is enacted adding the substance to such list. Such controlled substance analogs are subject to the same penalties as those for the actual drug. The bill also repeals the specific criminal penalties for possession, etc., of synthetic cannabinoids and places cannabimimetic agents on the list of controlled substances in Schedule I, where they will be subject to the same penalties as those for other Schedule I controlled substances with the exception of simple possession, which will be penalized as a Class 1 misdemeanor instead of as a Class 5 felony.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0674)
Last Action Date: April 6, 2014
Title: Firearms; criminal background check for transfer, exemption for holders of concealed permits.
Description: Criminal background check for transfer of firearms; exemption for holders of concealed handgun permits. Provides that a licensed firearms dealer does not have to have a criminal background check performed to determine a person's eligibility to purchase a firearm if the purchaser possesses a valid concealed handgun permit and presents a photo-ID issued by an agency of the Commonwealth or the Department of Defense.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: December 4, 2014
Title: Concealed handgun permits; completion of firearms safety courses.
Description: Concealed handgun permits; firearms safety courses. Clarifies that in order to serve as proof of demonstrated competence with a handgun for purposes of obtaining a concealed handgun permit, a firearms safety or training course must utilize firearms instructors certified by the National Rifle Association or the Department of Criminal Justice Services.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Firearms; restoration of rights, report to State Police.
Description: Restoration of firearms rights; report to State Police. Provides a mechanism for reporting when a circuit court restores a felon's right to possess a firearm to the Department of State Police. Prior to entry of a restoration order, the petitioner's fingerprints and petition are sent to the Central Criminal Records Exchange (CCRE) and the petitioner's criminal history is forwarded to the court and may be inspected by the attorney for the Commonwealth. If the order is granted, the Department of State Police shall enter the person's name and description in the CCRE so law-enforcement personnel accessing the computerized criminal history files will be aware of the order's existence.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: December 4, 2014
Title: Concealed handgun permit; retired member of Department of Motor Vehicles enforcement division.
Description: Concealed handgun permit; retired member of enforcement division of DMV; exception. Provides an exception for a concealed handgun permit for a qualifying retired member of the enforcement division of the Department of Motor Vehicles.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0045)
Last Action Date: February 27, 2014
Title: Firearms; purchase or transportation by persons convicted of certain drug offenses.
Description: Purchase or transportation of firearm by persons convicted of certain drug offenses. Provides that any person who has been convicted of two misdemeanor offenses for possession of synthetic cannabinoids, marijuana, or controlled substances within a 36-month period is prohibited from purchasing or transporting a firearm. Currently, the prohibition only applies to handguns.
Last Action: Left in Courts of Justice
Last Action Date: February 12, 2014
Title: Concealed handgun permits; proof of competence.
Description: Concealed handgun permits; proof of competence. Removes the option for an applicant for a concealed handgun permit to take an online firearms training or safety course to demonstrate the requisite competence with a handgun in order to obtain a permit.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Machine guns; owned by a trust.
Description: Machine guns owned by trust. Provides that a trust is included in the types of entities that may lawfully possess a machine gun. The bill also provides that any certificate of registration for a machine issued by the Superintendent of State Police prior to July 1, 2014, is declared to be valid as to the individual or entity named in the certificate.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 12, 2014
Title: Out-of-state concealed handgun permits; photo identification.
Description: Out-of-state concealed handgun permits; photo identification. Removes certain requirements for an out-of-state concealed handgun permit or license to be recognized and accepted in Virginia and instead requires an out-of-state permit or license holder to carry a government-issued photo identification and present such identification upon demand by a law-enforcement officer in order for his out-of-state permit or license to be recognized and accepted in Virginia.
Last Action: Failed to pass in House
Last Action Date: February 27, 2015
Title: Concealed handgun permits; lifetime permits.
Description: Concealed handgun permits; lifetime permits. Provides for the issuance of concealed handgun permits for Virginia residents that do not expire. Currently, such permits must be renewed every five years.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 10, 2015
Title: Higher educational institutions; prohibition on regulating concealed handguns.
Description: Educational institution; prohibition on regulating concealed handguns. Prohibits any public institution of higher education from adopting or enforcing any rule, regulation, or policy prohibiting or limiting the carrying of a concealed handgun on property owned or operated by the institution by any person entitled to carry a concealed handgun. The bill also provides that any rule, regulation, or policy adopted prior to July 1, 2015, prohibiting or limiting the carrying of a concealed handgun is invalid.
Last Action: Left in Education
Last Action Date: February 10, 2015
Title: State agencies or other entities; regulation of firearms prohibited.
Description: Regulation of firearms by state entities. Prohibits any department, agency, or other entity of the Commonwealth from adopting or enforcing any rule, regulation, or policy regarding firearms or ammunition except as expressly authorized by statute. Any rule, regulation, or policy adopted prior to July 1, 2015, without express statutory authority would be invalid. The prohibition would not apply to local, state, or regional correctional facilities or facilities operated by the Department of Behavioral Health and Developmental Services.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 10, 2015
Title: Concealed handguns; possession by faculty members at higher educational institutions.
Description: Possession of concealed handguns; faculty members at public institutions of higher education. Allows full-time faculty members of public institutions of higher education who possess a valid Virginia concealed handgun permit to carry a concealed handgun on campus.
Last Action: Left in Education
Last Action Date: February 10, 2015
Title: Explosive materials; use near dwelling house prohibited, penalty.
Description: Use of explosive material near dwelling house; penalty. Provides that any person who intentionally detonates an explosive material by means of a firearm within one mile of a dwelling house is guilty of a Class 3 misdemeanor.
Last Action: Left in Courts of Justice
Last Action Date: February 10, 2015
Title: Firearms; willful discharge resulting in permanent physical impairment, Class 6 felony.
Description: Reckless handling of firearms; penalty. Provides that any person who recklessly handles a firearm and through such reckless handling causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0444)
Last Action Date: March 31, 2014
Title: Concealed handgun permit; retired member of Department of Motor Vehicles enforcement division.
Description: Concealed handgun permit; retired member of enforcement division of DMV; exception. Provides an exception for a concealed handgun permit for a qualifying retired member of the enforcement division of the Department of Motor Vehicles.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0450)
Last Action Date: March 31, 2014
Title: Firearm transfers; criminal history record information checks, penalty.
Description: Transfer of firearms; penalty. Provides that any person who sells or otherwise transfers a firearm to a person who is prohibited from possessing a firearm by state or federal law is guilty of a Class 6 felony if the transferor does not obtain a background check from a licensed firearms dealer.
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 8-N)
Last Action Date: January 22, 2014
Title: Firearms; dealers to go through process administered by Department of State Police.
Description: Firearm transfers to dealers; penalty. Establishes a process to be administered by the Department of State Police so that firearm dealers can find out whether a firearm that is being transferred to the dealer by a person other than a dealer, importer, or manufacturer can be lawfully transferred. The bill has an effective date of January 1, 2015.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0821)
Last Action Date: May 23, 2014
Title: Firearms; criminal background check for transfer, exemption for holders of concealed permits.
Description: Criminal background check for transfer of firearms; exemption for holders of concealed handgun permits. Provides that a licensed firearms dealer does not have to have a criminal background check performed to determine a person's eligibility to purchase a firearm if the purchaser possesses a valid concealed handgun permit and presents a photo-ID issued by an agency of the Commonwealth or the Department of Defense.
Last Action: Left in Courts of Justice
Last Action Date: December 4, 2014
Title: Special conservators of the peace.
Description: Special conservators of the peace. Makes various changes to the laws providing for the appointment of special conservators of the peace, including (i) requiring the Criminal Justice Services Board to establish graduated training standards for special conservators; (ii) removing the limits on the number of hours the Board is able to require for training; (iii) specifying that applications for appointments of special conservators shall be submitted on forms developed by the Department of Criminal Justice Services (DCJS) in consultation with the Supreme Court of Virginia; (iv) disallowing persons who have registered on the Sex Offender and Crimes Against Minors Registry from registering as special conservators; (v) requiring all applicants to register with DCJS, regardless of a person's standing as a law-enforcement officer; (vi) requiring the employer of a special conservator to notify DCJS and the circuit court within 30 days after a person employed as a special conservator has left his position; (vii) requiring the order of appointment to specify the geographic location in which the special conservator will serve; (viii) as of October 1, 2014, disallowing special conservators from using the seal of the Commonwealth or the word "police" on any uniform, badge, credential, or vehicle; and (ix) providing that the circuit court shall retain jurisdiction for four years over any appointment order and may revoke such appointment for good cause.
Last Action: Referred to Committee for Courts of Justice
Last Action Date: January 8, 2014
Title: Firearms; possession following a misdemeanor conviction of certain crimes.
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 involving the use of force 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 1 misdemeanor. The bill also provides for the forfeiture of any weapon possessed, transported, or carried in violation of the prohibition.
Last Action: Left in Courts of Justice
Last Action Date: March 4, 2014
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. The bill exempts certain transfers, such as between immediate family members and by operation of law.
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 9-N)
Last Action Date: January 27, 2014
Title: Mental health; prohibition of firearms.
Description: Mental health; prohibition of firearms. Requires the district court judge or special justice to file any order from a commitment hearing for involuntary admission or involuntary outpatient treatment or any certification of voluntary admission subsequent to a temporary detention order with the district court clerk for the county or city where the hearing took place as soon as practicable but no later than the close of business on the next business day following the completion of the hearing. The bill also amends guardianship provisions to require that a copy of the court's findings that a person is incapacitated or has been restored to capacity or a copy of any order appointing a conservator or guardian shall be filed by the judge with the clerk of the circuit court for the county or city where the hearing took place as soon as practicable, but no later than the close of business on the next business day following the completion of the hearing. Current law does not specify in which county or city the copy shall be filed, nor does it provide a deadline. The bill also changes the deadline for a clerk to certify and forward to the Central Criminal Records Exchange a copy of any order adjudicating a person incapacitated, any order appointing a conservator or guardian, or any order of restoration of capacity to as soon as practicable, but no later than the close of business on the following day instead of the current requirement that a clerk perform these actions "forthwith."
Last Action: Governor: Acts of Assembly Chapter text (CHAP0374)
Last Action Date: March 27, 2014
Title: Controlled substance analogs; regulation by Board of Pharmacy, synthetic cannabinoids, penalties.
Description: Cannabimimetic agents; controlled substance analogs; regulation by Board of Pharmacy; penalties. Substitutes the term "cannabimimetic agents" for the term "synthetic cannabinoids" to describe certain substances that are unlawful to possess, sell, give, distribute, or manufacture. The bill authorizes the Board of Pharmacy to place controlled substance analogs (a substance that has a chemical structure substantially similar to that of a controlled substance in Schedule I or II and that has or is intended to have the same or a greater stimulant, depressant, or hallucinogenic effect on the central nervous system) into the list of controlled substances found in Schedule I or II via an expedited regulatory process. A substance added via this process is removed from such list after 18 months unless a general law is enacted adding the substance to such list. Such controlled substance analogs are subject to the same penalties as those for the actual drug. The bill also repeals the specific criminal penalties for possession, etc., of synthetic cannabinoids and places cannabimimetic agents on the list of controlled substances in Schedule I, where they will be subject to the same penalties as those for other Schedule I controlled substances with the exception of simple possession, which will be penalized as a Class 1 misdemeanor instead of as a Class 5 felony.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0719)
Last Action Date: April 6, 2014
Title: Concealed handgun permits; references to issuance of handgun permit before July 1, 2008.
Description: Concealed handgun permits; records. Provides that any references to the issuance of a concealed handgun permit in any order book before July 1, 2008, are exempt from the requirement that such orders be withheld from public disclosure. The bill also directs circuit court clerks to issue replacement permits to permit holders who undergo a lawful name change.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0549)
Last Action Date: April 3, 2014
Title: Concealed handgun permits, lifetime; Department of State Police to issue, penalty.
Description: Lifetime concealed handgun permits; Department of State Police to issue; penalty. Provides for the issuance of concealed handgun permits that do not expire to Virginia residents upon payment of a one-time fee of $100, except that the fee for a person currently holding an unexpired permit is $50. Currently, the fee for issuing such permits is $50, and the permits must be renewed every five years with an additional $50 fee charged each time. Such lifetime permits will include a photograph of the permittee. The bill also centralizes the issuance of concealed handgun permits with the Department of State Police; under current law, the circuit court clerk for the jurisdiction where the applicant resides issues such permits. The Department of State Police must issue a permit within 45 business days of receipt of a completed application, unless the applicant is disqualified, and a replacement permit within 30 business days of receipt of a notarized statement from the permittee that the permit was lost or stolen. Permittees must notify the Department of State Police within 30 business days of any change in their address. The bill also requires the Department of State Police to conduct periodic background checks during the lifetime of any permit issued in the Commonwealth, but no less than annually. The bill provides for a process by which a person whose permit application was denied or whose permit was revoked may appeal such determination. The Department of State Police will submit a report containing statistical information regarding the issuance of concealed handgun permits annually to the General Assembly. The bill also requires the Department of State Police to charge a fee of $25 for the issuance of a permit to certain retired non-Virginia law-enforcement personnel (currently no fee is charged), $200 for the issuance of a nonresident permit (currently $100), $10 for the issuance of a replacement permit (currently $10 due to an address change or $5 for a lost or destroyed permit), and $50 for the transference of a nonresident permit into a resident permit. Finally, the bill provides that any person who displays a permit that has been revoked or suspended knowing that such permit has been revoked or suspended is guilty of a Class 1 misdemeanor and is guilty of a Class 6 felony if he is simultaneously in possession of a concealed handgun. The bill does not alter current penalties for carrying a concealed handgun without a permit. The bill has a delayed effective date of January 1, 2015.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: December 4, 2014
Title: Criminal history record information checks, protective order registry; dissemination of information.
Description: Criminal history record information checks; 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.
Last Action: Passed by indefinitely in Courts of Justice (13-Y 2-N)
Last Action Date: January 22, 2014
Title: Firearms; criminal history record information check, penalties.
Description: Transfer of firearms; criminal history record information check; penalties. Requires that a criminal history record information check be performed on a prospective transferee before a firearms show vendor may transfer firearms at a gun show. The bill defines a "firearms show vendor" as a person who (i) is not a licensed dealer in Virginia; (ii) exhibits, sells, offers for sale, transfers, or exchanges any firearm at a firearms show; and (iii) has paid or given some other thing of value to the promoter for the opportunity to sell guns at the gun show. Under current law, only licensed dealers must obtain such a check. The bill also requires the promoter of a firearms show to provide firearms show vendors access to licensed dealers who will conduct the criminal history record information check.
Last Action: Incorporated by Courts of Justice
Last Action Date: January 26, 2015