122 total bills, 52 anti-gun bills,
47 pro-gun bills for this session
Proposed Virginia Firearm Legislation
122 total bills, 52 anti-gun bills,
47 pro-gun bills for this session
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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, out-of-state; 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 his permit or license and 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: Incorporated by Militia, Police and Public Safety
Last Action Date: February 5, 2016
Title: Forfeiture of property used in connection with the commission of crimes; finding of guilt required.
Description: Forfeiture of property used in connection with the commission of crimes; finding of guilt required. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been found guilty of the crime authorizing the forfeiture, regardless of whether he has been sentenced. The bill provides that property may be forfeited even though no finding of guilt is made if (i) the forfeiture is ordered by the court pursuant to a plea agreement or (ii) the owner of the property has not submitted a written demand for the return of the property within one year from the date the property was seized.
Last Action: VOTE: DEFEATED (47-Y 50-N)
Last Action Date: February 16, 2016
Title: Weapons other than handguns; purchase by certain officers.
Description: Purchase of weapons other than handguns by certain officers. Allows officers of certain agencies to purchase, at a fair market price and with approval of the agency head, weapons other than handguns that are issued for personal use of an officer so long as the weapon is a type and configuration that can be purchased at a regular hardware or sporting goods store by a private citizen without restrictions other than the instant background check. Current law allows this type of purchase only for the Department of State Police.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0196)
Last Action Date: March 1, 2016
Title: Speaker of the House; authority to employ legal counsel to represent 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 28, 2016
Title: Concealed handguns; authorization and training for persons designated to carry on school property.
Description: Authorization and training for persons designated to carry concealed handguns on school property. Permits a school board or an administrator of a private school to designate one or more qualified persons for every school who may carry a concealed handgun on school property. Such qualified persons include certain school division employees, certain school volunteers who carry valid concealed handgun permits, and certain retired law-enforcement officers. Any person designated to carry a concealed handgun must be certified and trained by the Virginia Center for School and Campus 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 to be established by the Department of Criminal Justice Services.
Last Action: Left in Education
Last Action Date: February 16, 2016
Title: Concealed handguns; possession by full-time 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 16, 2016
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, 2015, 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 18, 2016
Title: Virginia National Guard; possession of handguns by members at certain facilities.
Description: Possession of handguns by members of the Virginia National Guard. Allows a member of the Virginia National Guard to possess a concealed handgun owned by him at National Guard facilities and facilities under contract with the National Guard if such member has a valid concealed handgun permit. The bill also provides that the member's commanding officer may prohibit the member from possessing a concealed handgun while participating in any training or other exercises where the commanding officer reasonably determines that (i) such possession would interfere with the conduct of such training or other exercises, (ii) such possession may result in mission impairment, or (ii) the member is unfit to carry a handgun.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0740)
Last Action Date: April 20, 2016
Title: Virginia National Guard; possession of handguns by members.
Description: Possession of handguns by members of the Virginia National Guard. Allows a member of the Virginia National Guard to possess a concealed handgun at National Guard facilities and facilities under contract with the National Guard if such member has a valid concealed handgun permit.
Last Action: Incorporated by Militia, Police and Public Safety
Last Action Date: January 29, 2016
Title: Local government; publication of notices for charter changes, referenda, and public hearings, etc.
Description:
Last Action: Continued to 2017 in Counties, Cities and Towns by voice vote
Last Action Date: January 29, 2016
Title: Risk management plan; coverage for injury or death on state property, concealed handgun prohibition.
Description: Risk management plan; coverage for injury or death on state property; concealed handgun prohibition. Provides that the risk management plan established by the Division of Risk Management shall include coverage for any claim made by or on behalf of a person possessing a valid concealed handgun permit who is injured or killed upon any buildings, grounds, or properties owned or leased by the Commonwealth as a result of the criminal act of a third party if the carrying of a concealed handgun on such buildings, grounds, or properties was prohibited by regulation. The bill also provides that, in addition to providing for the actual damages arising from the person's injury or death, the coverage shall include an additional amount of $350,000.
Last Action: Left in General Laws
Last Action Date: February 16, 2016
Title: Risk management plan; coverage for injury/death on college property, concealed handgun prohibition.
Description: Risk management plan; coverage for injury or death on college property; concealed handgun prohibition. Provides that the risk management plan established by the Division of Risk Management shall include coverage for any claim made by or on behalf of a person possessing a valid concealed handgun permit who is injured or killed upon any buildings, grounds,or properties owned or leased by a public institution of higher education as a result of the criminal act of a third party if the carrying of a concealed handgun on such buildings, grounds, or properties was prohibited by regulation. The bill also provides that, in addition to providing for the actual damages arising from the person's injury or death, the coverage shall include an additional amount of $350,000.
Last Action: Left in General Laws
Last Action Date: February 16, 2016
Title: Concealed handgun permits; individuals on federal Terrorist Screening Database.
Description: Concealed handgun permits; Terrorist Screening Database. Prohibits individuals who are on the federal Terrorist Screening Database from obtaining a concealed handgun permit. The bill requires the State Police to consult with the FBI's Terrorist Screening Center to receive the Terrorist Screening Database report. A second enactment clause provides that the bill will not go into effect unless the U.S. Department of Justice approves the policies and procedures set out in the bill.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: School board employees; possession of firearms by employees who are former law-enforcement officers.
Description: School board employees who are former law-enforcement officers; possession of firearms. Permits any local school board to allow any school board employee who is a former law-enforcement officer and ceased or retired from serving in such capacity while in good standing to possess any firearm designed or intended to expel a projectile by action of an explosion of a combustible material upon (i) any public elementary or secondary school in the school division, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; and (iii) any school bus owned or operated by the local school board.
Last Action: Left in Education
Last Action Date: February 16, 2016
Title: Firearms; law-enforcement certification of transfer.
Description: Law-enforcement certification of certain firearms. Provides that when the certification of a chief law-enforcement officer is required by federal law for transfer of a firearm as defined in the National Firearms Act, such certification must be provided within 60 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 notify the applicant in writing of the reason for the prohibition. For the purposes of the bill, the definition of "firearm" is limited to machine guns, rifles and shotguns of a certain length, weapons made from certain rifles or shotguns, and silencers. If the chief law-enforcement officer fails to provide certification within 60 days, the applicant has a right to an ore tenus hearing in circuit court and, unless the evidence shows that the applicant is prohibited by law from receiving the firearm, the court shall order the chief law-enforcement officer to issue the certification within five business days.
Last Action: Stricken from docket by Militia, Police and Public Safety by voice vote
Last Action Date: January 29, 2016
Title: Transfer of certain firearms; identification requirement.
Description: Transfer of certain firearms; identification requirement. Allows Virginia residents to purchase a firearm by presenting only one photo-identification form issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense that demonstrates that the prospective purchaser resides in Virginia. The bill provides that a member of the armed forces whose photo identification issued by the Department of Defense does not have a Virginia address may establish his Virginia residency with such photo identification and permanent orders assigning the purchaser to a duty post, including the Pentagon, in Virginia. Current law requires photo identification and another document that establishes residency, such as a lease or utility bill, and that includes an address that matches the photo identification.
Last Action: Stricken from docket by Militia, Police and Public Safety by voice vote
Last Action Date: January 29, 2016
Title: Hunter education courses; Board of GIF to provide incentives for completing safety course.
Description: Hunter education incentives. Allows the Board of Game and Inland Fisheries to provide incentives for completing a safety course to those hunters who have not been required to successfully complete such course in order to hunt wildlife.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0123)
Last Action Date: March 1, 2016
Title: Concealed handgun permits; judge, etc., may carry wherever he travels in the Commonwealth.
Description: Concealed handgun permit; judges exempt. Provides that a judge or justice of the Commonwealth may carry a concealed handgun throughout the Commonwealth without a permit.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0672)
Last Action Date: April 1, 2016
Title: Firearms; disposition of those acquired by localities.
Description: Disposition of certain firearms acquired by localities. Provides that a locality is not required to offer for sale certain firearms that are surrendered to a locality accompanied by a signed request that the firearm be destroyed.
Last Action: Left in Courts of Justice
Last Action Date: February 16, 2016
Title: Felons; restoration of firearms rights, report to State Police.
Description: Criminal law; restoration of firearms rights; report to State Police. Provides a mechanism for reporting to the Department of State Police when a circuit court restores a felon's right to possess, transport, and carry a firearm, ammunition for a firearm, or a stun weapon. The bill provides that prior to entry of a restoration order, the petitioner's fingerprints and petition shall be sent to the Central Criminal Records Exchange (CCRE), which shall forward the petitioner's criminal history record information to the court, which shall inform the attorney for the Commonwealth that the criminal history record information is available for review. If the order is issued, the Department of State Police shall enter the petitioner's name and description in the CCRE so that law-enforcement personnel accessing the CCRE will be aware of the order's existence.
Last Action: Left in Appropriations
Last Action Date: February 18, 2016
Title: Firearms; control by state agencies, rights of employees.
Description: Control of firearms by state agencies; rights of employees. Prohibits state agencies other than the Department of Corrections, Department of Juvenile Justice, and Virginia Port Authority and institutions of higher education from adopting any regulation or workplace rule preventing officers or employees of such agencies from storing a lawfully possessed firearm and ammunition in a locked private motor vehicle at their workplace unless the adoption of the regulation is expressly authorized by statute. The bill also provides that any such regulation or rule adopted prior to July 1, 2016, is invalid.
Last Action: Requires 67 afirmative votes to override Governor's veto
Last Action Date: April 20, 2016
Title: Firearms dealers; local regulation of dealers in proximity of schools.
Description: Firearms businesses; local regulation; proximity to schools. Authorizes any locality to adopt an ordinance regulating or prohibiting anyone from engaging in the business of selling firearms at retail, providing gunsmithing services, or operating a sports shooting range, within 1,000 feet of a school.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Firearms; possession in school zone, penalty.
Description: Possession of firearms in school zone; penalty. Provides, with certain exceptions, that an individual who knowingly possesses any firearm while such person is in a school zone, defined by the bill as the area within a distance of 1,000 feet from a school, is guilty of a Class 1 misdemeanor. An individual is permitted to possess a firearm in a school zone if (i) he is on private property, (ii) he possesses a valid concealed handgun permit, (iii) the firearm is unloaded and is in either a closed container or a locked firearms rack in or upon a motor vehicle, (iv) he possesses a firearm as part of the school's curriculum or activities or as part of a school-sponsored or school-authorized program, (v) he possesses such firearm in accordance with a contract with the school, or (vi) he is a law-enforcement officer or armed security officer hired by a private or religious school.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Firearms; possession in school zone, regulation by locality.
Description: Possession of firearms in school zone; regulation by locality. Authorizes a locality to adopt an ordinance prohibiting an individual from knowingly possessing any firearm while such person is in a school zone, which is defined as the area within a distance of 1,000 feet of a school. Such ordinance shall not apply to (i) an individual who is on private property, (ii) an individual who possesses a valid concealed handgun permit, (iii) a firearm that is unloaded and is either in a closed contained or a locked firearms rack in or upon a motor vehicle, (iv) an individual who possesses a firearm as part of the school's curriculum or activities or as part of a school-sponsored or school-authorized program, (v) an individual who possesses such firearm in accordance with a contract with the school, or (vi) a law-enforcement officer or armed security officer hired by a private or religious school. The penalty for an offense set forth in such ordinance shall not exceed a Class 1 misdemeanor.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Firearms; prohibits person in Terrorist Screening Database to purchase, etc.
Description: Sale, purchase, possession, and transport of firearms; Terrorist Screening Database. Prohibits a person who knows or has reason to know that he is in the federal Terrorist Screening Database of the Terrorist Screening Center administered by the FBI (the Database) from purchasing, possessing, or transporting a firearm. The bill disqualifies any person in the Database from obtaining a concealed handgun permit. The bill prohibits selling firearms to any person in the Database and requires dealers to obtain a Database check before transferring a firearm. The bill requires State Police to consult with the Terrorist Screening Center to determine if a potential firearm purchaser is in the Database. A second enactment clause provides that the bill will not go into effect unless the U.S. Department of Justice approves the policies and procedures set out in the bill.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Concealed handguns; revocation of permit.
Description: Revocation of concealed handgun permit; alcohol or illegal drugs. Makes optional, and conditioned on a determination that the violation demonstrates a reckless disregard for safety, the court's revocation of a person's concealed handgun permit upon conviction of carrying a handgun in a public place while under the influence of alcohol or illegal drugs. Under current law, revocation of such convicted person's permit is mandatory. The bill provides that only if such convicted person's permit is revoked by the court is the convicted person ineligible to apply for a concealed handgun permit for five years.
Last Action: Left in Courts of Justice
Last Action Date: February 16, 2016
Title: Carrying a concealed handgun; permit not required.
Description: Carrying a concealed handgun; exception. Allows any person who regardless of having met the demonstration of competence requirement is otherwise qualified to obtain a concealed handgun permit to carry a handgun concealed in any place where such person could openly carry a handgun.
Last Action: Stricken from docket by Courts of Justice by voice vote
Last Action Date: February 10, 2016
Title: Transfer of firearms; criminal history record information check, penalties.
Description: Transfer of firearms; criminal history record information check; penalties. Adds a definition of "firearms show vendor" or "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: Stricken from docket by Militia, Police and Public Safety by voice vote
Last Action Date: January 29, 2016
Title: Brandishing a firearm; intent to induce fear, etc., penalty.
Description: Brandishing a firearm; intent; penalty. Requires that a person pointing, holding, or brandishing a firearm or similar weapons must have the intent to induce fear in the mind of another or know or reasonably should know that his conduct would induce such fear in order to be convicted of the crime of brandishing. Currently, the perpetrator's intent is not an element of the offense in the statute.
Last Action: Requires 67 afirmative votes to override Governor's veto
Last Action Date: April 20, 2016
Title: General Services, Department of; regulation of firearms.
Description: Department of General Services; regulation of firearms. Provides that, unless expressly authorized by statute, the Department of General Services shall not adopt or enforce any rule, regulation, or policy precluding the possession of a concealed handgun by a person with a valid concealed handgun permit. The bill likewise provides that no department, agency, or institution of the Commonwealth occupying property in the charge of the Department's Division of Engineering and Buildings shall adopt any similar prohibition. Finally, the bill invalidates the provisions of Executive Order 50, which prohibits the carrying of firearms in buildings occupied by executive branch agencies, and any regulations adopted to implement Executive Order 50.
Last Action: Incorporated by Militia, Police and Public Safety
Last Action Date: January 29, 2016
Title: Transfer of firearms; criminal history record information check, penalties.
Description: Transfer of firearms; criminal history record information check; penalties. Adds a definition of "firearms show vendor" or "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 16, 2016
Title: Temporary detention order; voluntary admission.
Description: Temporary detention order; voluntary admission. Provides that a magistrate shall issue a temporary detention order if a person (i) has a mental illness and there exists a substantial likelihood in the near future that he will cause serious harm to himself or others or suffer serious harm due to his lack of capacity to protect himself or provide for his basic needs and (ii) is in need of hospitalization or treatment, regardless of whether the person is willing and capable of volunteering for hospitalization or treatment. Currently, a temporary detention order cannot be issued if a person volunteers for hospitalization or treatment. If the person accepts voluntary admission, the bill provides that the temporary detention order will be deemed to have expired at that time and no commitment hearing need be held.
Last Action: Left in Courts of Justice
Last Action Date: February 16, 2016
Title: Concealed handgun permit; demonstration of competence.
Description: Concealed handgun permit; demonstration of competence. Removes the option for concealed handgun permit applicants to demonstrate competence with a handgun by completing an electronic, video, or online course conducted by a state-certified or National Rifle Association-certified firearms instructor. The bill does not affect any in person means of satisfying the requirement to demonstrate competence with a handgun under current law.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Transfer of firearms; criminal history record information check, penalties.
Description: Transfer of firearms; criminal history record information check; penalties. Adds a definition of "firearms show vendor" or "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 16, 2016
Title: Protective orders; possession of firearms; penalty.
Description: Protective orders; possession of firearms; penalty. Prohibits a person who is subject to a protective order from possessing a firearm, punishable as a Class 1 misdemeanor for a first or second offense and a Class 6 felony for a third or subsequent offense. Currently, such person is prohibited only from purchasing or transporting a firearm.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Concealed handguns; possession by females on campus.
Description: Possession of concealed handguns; females at public institutions of higher education. Prohibits public institutions of higher education from adopting or enforcing any rules prohibiting a female who possess a valid Virginia concealed handgun permit from carrying a concealed handgun on campus.
Last Action: Stricken from docket by Courts of Justice by voice vote
Last Action Date: February 10, 2016
Title: Concealed handguns; carrying with a valid protective order.
Description: Carrying concealed handguns; protective orders. Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. The bill provides that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which shall serve as a de facto concealed handgun permit. The bill requires such person to have the order or certified application and photo identification on his person when carrying a concealed handgun and to display them upon demand by a law-enforcement officer; failure to do so is punishable by a $25 civil penalty.
Last Action: Governor: Vetoed by Governor
Last Action Date: April 7, 2016
Title: Victims of domestic violence, etc.; firearms safety or training course.
Description: Victims of domestic violence, etc.; firearms safety or training course. Provides that the Department of Criminal Justice Services may distribute funds from the Virginia Sexual and Domestic Violence Victim Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, and family abuse. The bill also requires that, upon the issuance of a protective order, the petitioner for the order be provided with a list of such approved courses or classes.
Last Action: Continued to 2017 in Finance (15-Y 0-N)
Last Action Date: March 2, 2016
Title: Firearms; pointing, holding, or brandishing in presence of a law-enforcement officer, penalty.
Description: Brandishing a firearm; law-enforcement officer; penalty. Provides for a six-month mandatory minimum sentence upon conviction of a person for pointing, holding, or brandishing a firearm or similar weapon at someone who the person knows or has reason to know is a law-enforcement officer in such manner as to reasonably induce fear in the mind of another.
Last Action: Passed by indefinitely in Courts of Justice (9-Y 0-N)
Last Action Date: February 24, 2016
Title: Firearms; possession by persons adjudicated delinquent, military service exception.
Description: Possession of firearms by persons adjudicated delinquent; military service exception. Provides that an individual who was adjudicated delinquent when 14 years of age or older of a delinquent act that would be a felony if committed by an adult and has completed a term of enlistment of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge is not disqualified from obtaining a concealed handgun permit and may possess or transport any firearm or ammunition for a firearm, any stun weapon, or any explosive material. Under current law, such an individual would be eligible to apply for a concealed handgun permit and to possess a firearm at age 29. The bill does not apply to individuals adjudicated delinquent of certain serious felonies.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0337)
Last Action Date: March 11, 2016
Title: Firearms; person to report loss or theft to any local law-enforcement agency or VSP.
Description: Reporting lost or stolen firearms; penalty. Requires a person who lawfully possesses a firearm to report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 14 days of when the loss or theft was discovered. The bill requires the relevant law-enforcement agency to enter the report information in the National Crime Information Center (NCIC). A violation is punishable by a $50 civil penalty for a first offense and a civil penalty of not less than $100 or more than $250 for any subsequent offense. The bill provides that a person who, in good faith, reports the loss or theft will be immune from criminal or civil liability for acts or omissions that result from such loss or theft and the immunity does not apply to a person who makes a false report. The bill does not apply to the loss or theft of an antique firearm.
Last Action: Left in Courts of Justice
Last Action Date: February 16, 2016
Title: Firearms; selling, bartering, etc., to persons not lawfully present in United States, penalty.
Description: Sale of firearms; persons not lawfully present in United States; penalty. Provides that the crime of selling, bartering, giving, or furnishing or possessing with the intent to sell, barter, give, or furnish a firearm to a person knowing that such person is prohibited from possessing or transporting a firearm because he is not lawfully present in the United States applies to assault firearms.
Last Action: Continued to 2017 in Finance (15-Y 0-N)
Last Action Date: March 2, 2016
Title: Firearms; selling, bartering, etc., to persons not lawfully present in United States, penalty.
Description: Sale of firearms; persons not lawfully present in United States; penalty. Provides that the crime of selling, bartering, giving, or furnishing or possessing with the intent to sell, barter, give, or furnish a firearm to a person knowing that such person is prohibited from possessing or transporting a firearm because he is not lawfully present in the United States applies to assault firearms.
Last Action: Left in Finance
Last Action Date: December 2, 2016
Title: Assault weapon; transfer of firearm, proof of citizenship.
Description: Transfer of assault weapon; proof of citizenship. Makes consistent the type of identification and other documentation that a purchaser of a firearm must present when purchasing any type of firearm from a licensed dealer by removing the additional requirement for the purchase of an assault weapon that a person who purchases such a weapon must present proof of citizenship. The bill does not alter the provisions prohibiting the sale of assault firearms to noncitizens or persons who have not been lawfully admitted for permanent residence.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0697)
Last Action Date: April 4, 2016
Title: Possession of handguns by members of the Virginia National Guard.
Description: Possession of handguns by members of the Virginia National Guard. Allows a member of the Virginia National Guard to possess a concealed handgun at National Guard facilities and facilities under contract with the National Guard if such member has a valid concealed handgun permit. The bill also provides that the member's commanding officer may prohibit the member from possessing a concealed handgun while participating in any training or other exercises where the commanding officer reasonably determines that such possession would interfere with the conduct of such training or other exercises.
Last Action: Stricken from docket by Militia, Police and Public Safety by voice vote
Last Action Date: January 29, 2016
Title: Firearms; buyers or transferee, criminal history record check delay.
Description: Transfer of firearms; criminal history record check delay. Increases from the end of the next business day to within five business days the time in which State Police must advise a dealer if its records indicate that a firearms buyer or transferee is prohibited from possessing or transporting a firearm and the time after which a dealer may complete the sale or transfer without a response from the State Police The bill removes the option in current law that a dealer who is advised by the State Police that a response will not be available within the required timeframe may immediately complete the sale or transfer.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Transfer of handguns; permit required, penalties.
Description: Transfer of handguns; permit required; penalties. Requires the Department of State Police to establish procedures for issuing handgun transfer permits and provides that a person who willfully and intentionally transfers a firearm to a person without a permit is guilty of a Class 1 misdemeanor. The bill provides exceptions to this requirement, including an exemption for dealers who obtain a background check. The bill provides that any person who displays a handgun transfer permit that has been revoked or suspended knowing that such permit has been revoked or suspended is guilty of a Class 1 misdemeanor. 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 16, 2016
Title: Concealed handgun permit; eliminates proof of competence.
Description: Concealed handgun permit; proof of competence. Eliminates as proof of demonstrated competence with a handgun completing any firearms training or safety course or class, including an electronic, video, or online course, conducted by a state-certified or National Rifle Association-certified firearms instructor.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Firearm or pneumatic gun; allowing access by children age four or younger, penalty.
Description: Firearms; access by children; penalty.Provides that it is a Class 1 misdemeanor to knowingly authorize a child age four or younger to use a firearm or pneumatic gun.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Firearms magazines, certain; prohibition of sale, transfer, etc., prohibited, penalty.
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 exceptions to the prohibition. The bill provides that a registrant is limited to three large capacity magazines and must otherwise dispose of all magazines in excess of the limit. The bill requires the Department of State Police to provide a means to register a large capacity magazine and, at the time of registration, to permanently mark such magazine for the purpose of identification and maintain records regarding such identification information. Finally, the bill provides that any large capacity magazine that is possessed in violation of law is subject to forfeiture to the Commonwealth.
Last Action: Stricken from docket by Militia, Police and Public Safety by voice vote
Last Action Date: January 29, 2016
Title: Online firearm sale; criminal history record information check, penalties.
Description: Online firearm sale; criminal history record information check; penalties. Requires a background check for any firearm transfer that is arranged through a public Internet-based communication and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill prohibits a person from placing any advertisement knowing the purpose of the advertisement is to sell or transfer a firearm through a public Internet-based communication and provides that placing such an advertisement is punishable as a Class 1 misdemeanor. The bill exempts transfers or sales between immediate family members.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Terrorist Screening Database; check of Database required prior to purchasing firearm from dealer.
Description: Sale of firearms; Terrorist Screening Database. Requires a check of the Terrorist Screening Database (Database) prior to purchasing a firearm from a dealer. The bill requires the State Police to consult with the Terrorist Screening Center to determine if a potential firearms purchaser is in the Database. A person whose name is in the Database will be disqualified from purchasing a firearm. The bill provides that the Superintendent of State Police may, in consultation with the Federal Bureau of Investigation, authorize a sale or transfer to a prospective buyer or transferee who is found to be in the Database if (i) said buyer or transferee is the subject of an active state or federal investigation, (ii) it is determined that denying the sale or transfer would compromise the integrity of such investigation, and (iii) such buyer or transferee is under surveillance by a state or federal law-enforcement agency. A second enactment clause provides that the bill will not go into effect unless the U.S. Department of Justice approves the policies and procedures set out in the bill.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Firearms; removal from persons posing substantial risk, penalties.
Description: Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which an attorney for the Commonwealth or law-enforcement officer may apply to a circuit court judge for a warrant to remove firearms from a person who poses a substantial risk of injury to himself or others. If firearms are seized pursuant to such warrant, the bill requires a court hearing within 14 days from execution of the warrant to determine whether the firearms should be returned or retained by law enforcement. Seized firearms may be retained by court order for up to 180 days or, with court approval, may be transferred to a third party chosen by the person from whom they were seized. Persons who have been served with a warrant to remove firearms or who are the subject of an order to retain firearms are disqualified from having a concealed handgun permit or purchasing a firearm from a licensed dealer and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person whom he knows has been served with a warrant or who is the subject of an order is guilty of a Class 6 felony.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Firearms show; list of vendors or exhibitors submitted to State Police.
Description: Firearms show; State Police list of vendors or exhibitors. Requires a promoter of a firearms show to include in the list of vendors or exhibitors it is required to submit to State Police information regarding whether a vendor or exhibitor sold or transferred a firearm. The bill removes the exemption from the creation of such list and the promotor notice requirement for towns with a population of not less than 1,995 and not more than 2,010, according to the 1990 United States census.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Foster care homes; firearm storage on premises.
Description: Foster care homes; firearm storage. Authorizes a person in lawful possession of a firearm, ammunition, or components or combination thereof to store such items on the premises of a foster care home in a locked container, compartment, or cabinet with safety mechanisms activated. The bill provides that any person residing on the premises of a foster care home may lawfully carry a firearm in the presence of a child placed in foster care provided that such person is off the premises of the foster care home. The bill does not apply to persons residing in a licensed or approved foster care home in which no child in foster care is currently placed.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Protective order; violation of order, possession of a firearm or other deadly weapon, penalty.
Description: Violation of protective order; firearm or other deadly weapon; penalty. Provides that any person who violates a protective order with which he has been served while knowingly armed with a firearm or other deadly weapon is guilty of a Class 6 felony.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0585)
Last Action Date: March 29, 2016
Title: Firearms; regulation by state entities prohibited.
Description: Regulation of firearms by state entities. Prohibits any state entity from adopting or enforcing any rule, regulation, policy, or administrative action governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof unless expressly authorized by statute. The bill invalidates any such rule, regulation, policy, or administrative action adopted by a state entity prior to July 1, 2016. The bill does not prohibit a law-enforcement officer from acting within the scope of his duties, nor does it apply to the Department of Corrections, Department of Juvenile Justice, Department of State Police, Virginia National Guard, Department of Behavioral Health and Developmental Services, Department of Social Services, Virginia Port Authority, Office of the State Inspector General, Department of Forensic Science, Virginia Indigent Defense Commission, each office of an attorney for the Commonwealth, or any institution of higher education. The bill allows entities to adopt or enforce rules or regulations necessary for compliance with the Fire Prevention Code or necessary for the operation of Reserve Officer Training Corps programs. The bill expressly authorizes the Board of Game and Inland Fisheries to create certain regulations governing the possession, carrying, transportation, and storage of firearms, ammunition, or components or combinations thereof.
Last Action: Requires 67 afirmative votes to override Governor's veto
Last Action Date: April 20, 2016
Title: Firearms; possession or transportation following certain convictions.
Description: Possession or transportation of firearms following convictions for certain misdemeanor crimes; penalty. Prohibits a person who has been convicted of misdemeanor sexual battery or assault and battery where the victim is a family or household member from possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Concealed handgun permit; reciprocity, report.
Description: Concealed handgun permit reciprocity; report. Provides that any agreement for reciprocal recognition of concealed handgun or concealed weapons permits or licenses that was valid as of December 1, 2015, shall be valid until June 1, 2017. The bill requires the Crime Commission to submit a report to the General Assembly by December 1, 2016, regarding the requirements and qualifications for receiving a concealed weapons permit in Virginia as compared to other states.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Concealed handgun permit; application; disqualification.
Description: Concealed handgun permit; application; disqualification. Adds family members who reside with or have resided with the applicant for a concealed handgun permit to the persons whose statements that the applicant is likely to use a weapon unlawfully or negligently to endanger others may be submitted to the court. Under current law sheriffs, police chiefs, and the attorney for the Commonwealth may submit such statements. If the court finds an individual disqualified for a concealed handgun permit based on such statements, the individual may not reapply for five years and must include with his application documentation as to why he is no longer likely to use a weapon unlawfully or negligently to endanger others.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Concealed handgun permits; recognition of out-of-state permits.
Description: Recognition of out-of-state concealed handgun permits; photo identification. Provides that the holder of an out-of-state concealed handgun permit who is at least 21 years of age is authorized to carry a concealed handgun in Virginia if (i) the other state has a 24-hour-a-day means of verification of the validity of the permits issued in that state, if available; (ii) the person carries a government-issued photo identification and displays it upon demand of a law-enforcement officer; and (iii) the person has not previously had a Virginia concealed handgun permit revoked. The bill requires the Superintendent of State Police (Superintendent) to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. The bill provides that if the Superintendent determines that another state requires the Attorney General to execute or formally approve such agreement, the Attorney General will execute or approve such agreement within 30 days of written notification by the Superintendent that the Attorney General is required to execute or approve such agreement. Current law recognizes concealed handgun permits issued by states that (a) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (b) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia. In addition, the bill requires the Superintendent, within 60 days of the effective date of the bill, to enter into agreements for reciprocal recognition of concealed handgun permits or licenses with other states where agreements were in existence on December 1, 2015.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0047)
Last Action Date: February 26, 2016
Title: School resource officers; prohibits possession of firearms and other weapons, penalty.
Description: School resource officers; possession of firearms and other weapons; penalty. Prohibits school resource officers from possessing firearms, stun weapons, knives, and certain other weapons on school property, school buses, or public property being used exclusively for school-sponsored functions or extracurricular activities.
Last Action: Stricken from docket by Militia, Police and Public Safety by voice vote
Last Action Date: January 29, 2016
Title: Concealed handgun permits; reciprocity.
Description: Concealed handgun permits; reciprocity. Provides that the Superintendent of State Police shall continue to recognize any valid concealed handgun or concealed weapon permit or license issued by another state where such state's permit or license was, as of November 1, 2015, recognized by the Superintendent of State Police as authorizing the holder of such permit or license to carry a concealed handgun in the Commonwealth. The bill also requires the Superintendent to attempt to reestablish reciprocal recognition of concealed handgun permits with any state where reciprocity may have been lost and report on his efforts to the Clerks of the House and Senate.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 16, 2016
Title: Gun safes; establishes an exemption from retail sales tax.
Description: Sales tax exemption; gun safes. Establishes an exemption from retail sales tax for the purchase of a gun safe with a selling price of $1,000 or less. The bill defines a gun safe as a safe or vault that is (i) commercially available, (ii) secured with a digital or dial combination locking mechanism or biometric locking mechanism, and (iii) designed for the storage of a firearm or for ammunition for use in a firearm. Under the bill a gun safe does not include a glass-faced cabinet.
Last Action: Continued to 2017 in Finance by voice vote
Last Action Date: February 15, 2016
Title: Law enforcement, local and State Police; enforcement of executive actions or orders.
Description: Local law enforcement and State Police; enforcement of executive actions or orders. Prohibits local law enforcement or the Department of State Police from cooperating with a federal agency through the furnishing of police services for the purpose of enforcing an executive action or order related to firearms, ammunition, or components or combination thereof that has not been made law by an act of Congress.
Last Action: Left in Appropriations
Last Action Date: February 18, 2016
Title: School security officers; carrying a firearm.
Description: School security officers; carrying a firearm. Authorizes a school security officer to carry a firearm in the performance of his duties if he is a retired law-enforcement officer who meets the firearms training standards for active law-enforcement officers, the local school board grants him the authority to carry a firearm in the performance of his duties, and he is not otherwise prohibited by state or federal law from possessing a firearm.
Last Action: Requires 67 afirmative votes to override Governor's veto
Last Action Date: April 20, 2016
Title: Concealed weapons; exemption for certain retired officers from prohibition to carry.
Description: Carrying concealed weapons; exception for certain retired officers. Decreases from 15 to 10 the number of years of service required for certain retired officers to be exempt from the prohibition on carrying a concealed weapon.
Last Action: Governor: Acts of Assembly Chapter text reprinted (CHAP0421)
Last Action Date: March 11, 2016
Title: Concealed handguns; protective orders, surrender of firearms, penalty.
Description: Concealed handguns; protective orders; surrender of firearms; penalty. Provides that a person who is protected by a protective order may request that the order include as a condition either (i) that such person be permitted to carry a concealed handgun or (ii) that the person who is subject to the order surrender any firearms in his possession to law enforcement. If the person protected by the order chooses to carry a concealed handgun, the bill authorizes such person to do so for a period of 45 days after the order was issued or until the order expires, whichever occurs first. The bill also provides that if such person applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which shall serve as a de facto concealed handgun permit. The bill requires such person to have the order or certified application and photo identification on his person when carrying a concealed handgun and to display them upon demand by a law-enforcement officer; failure to do so is punishable by a $25 civil penalty. If the person protected by the order chooses to require that the person who is subject to the order surrender any firearms, the bill provides that the person who is subject to a protective order must surrender any firearm possessed by him to the law-enforcement agency for the locality in which such person resides within 24 hours of being served with the protective order. The bill requires the law-enforcement agency to prepare a written receipt, which shall be signed by the person surrendering the firearm, containing the name of the person, the date on which the firearm was surrendered, and the manufacturer, model, and serial number of the firearm and to provide a copy of the receipt to the person. The bill provides further that the person may present the copy of the receipt to the law-enforcement agency upon the expiration of the protective order, and the law-enforcement agency shall then return the firearm. The failure to surrender a firearm is punishable as a Class 1 misdemeanor.
Last Action: Stricken from docket by Militia, Police and Public Safety by voice vote
Last Action Date: January 29, 2016
Title: Localities; regulation of firearms in government buildings.
Description: Localities; regulation of firearms in government buildings. Allows localities to regulate the possession of firearms, ammunition, or components or combination thereof in or the carrying of firearms, ammunition, or components or combination thereof into any building owned or used by such locality for governmental purposes. Current law prohibits localities from adopting or enforcing any ordinance, resolution, or motion regarding firearms, ammunition, or components or combination thereof unless expressly authorized by statute.
Last Action: Stricken from docket by Militia, Police and Public Safety by voice vote
Last Action Date: January 29, 2016
Title: Firearms shows; voluntary background checks by Department of State Police.
Description: Firearms shows; voluntary background checks; penalties. Requires the Department of State Police to be available to perform background checks for non-dealer sales at firearms shows if requested by a party involved in a transaction. The promoter of the firearms show shall furnish the Department of State Police sufficient facilities to perform the background checks. 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: Governor: Acts of Assembly Chapter text (CHAP0045)
Last Action Date: February 26, 2016
Title: Protective orders; possession of firearms, penalty.
Description: Protective orders; possession of firearms; penalty. Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) for family abuse to possess a firearm while the order is in effect. The bill also provides that such person may continue to possess and transport a firearm for 24 hours after being served with the order for the purposes of selling or transferring the firearm to another person. Under current law, it is a Class 1 misdemeanor for a person subject to a protective order to purchase or transport a firearm.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0048)
Last Action Date: February 26, 2016
Title: School security officers; carrying a firearm in performance of duties.
Description: School security officers; carrying a firearm in performance of duties. Authorizes a school security officer to carry a firearm in the performance of his duties if (i) within 10 years immediately prior to being hired by the local school board he was an active law-enforcement officer in the Commonwealth; (ii) he retired or resigned from his position as a law-enforcement officer in good standing; (iii) he meets the training and qualifications to carry a concealed handgun as a retired law-enforcement officer; (iv) he has met the additional training and certification requirements of the Department of Criminal Justice Services (DCJS); (v) the local school board solicits input from the chief law-enforcement officer of the locality regarding the qualifications of the school security officer and receives verification from such chief law-enforcement officer that the school security officer is not prohibited by state or federal law from possessing, purchasing, or transporting a firearm; and (vi) the local school board grants him the authority to carry a firearm in the performance of his duties. The bill requires DCJS to establish additional firearms training and certification requirements for school security officers who carry a firearm in the performance of their duties. Existing law requires DCJS to establish minimum training and certification requirements for school security officers.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0311)
Last Action Date: March 13, 2017
Title: Firearms; restoration of right to person convicted of a nonviolent felony to possess, etc.
Description: Restoration of right to possess, etc., a firearm. Provides that a person convicted of a felony, other than a violent felony, whose civil rights have been restored is not required to petition a circuit court for an order to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon. The bill provides that such person's right to possess, transport, or carry such items is automatically restored upon the restoration of his civil rights. The bill has an effective date of January 1, 2019, contingent upon voter approval of amendments to Article II, Section 1 and Article V, Section 12 of the Constitution of Virginia at the November 2018 general election.
Last Action: Left in Courts of Justice
Last Action Date: February 7, 2017
Title: Firearms; 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 7, 2017
Title: Concealed handgun permits; expiration notice.
Description: Renewal of concealed handgun permits; notice. Provides that if a clerk has an electronic system for the application for and issuance of concealed handgun permits and such system has the capability of sending electronic notices to a permit holder, the clerk shall send the permit holder an electronic email notice that the permit will expire at least 90 days prior to such expiration. The bill provides that such notice shall be sent only if the applicant provides his email or other electronic address on his permit application, which shall request but not require this information. The bill provides further that any failure to send or receive such notice does not extend the validity of the existing permit beyond its expiration date.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0099)
Last Action Date: February 20, 2017
Title: Concealed handguns; authorization and training for persons designated to carry on school property.
Description: Authorization and training for persons designated to carry concealed handguns on school property. Permits a school board or an administrator of a private school to designate one or more employees of the school who may carry a concealed handgun on school property. Any person designated to carry a concealed handgun must be certified and trained by the Virginia Center for School and Campus 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 to be established by the Department of Criminal Justice Services.
Last Action: Left in Education
Last Action Date: February 7, 2017
Title: Alcoholic beverages; unlawful transport by persons who are under age 21, penalty.
Description: Unlawful transport of alcoholic beverages; penalty. Makes it a Class 1 misdemeanor for any person to whom an alcoholic beverage may not lawfully be sold (persons who are under age 21, interdicted, or intoxicated) to knowingly transport alcoholic beverages. Under current law the purchase, possession, or consumption of alcohol by such persons is a Class 1 misdemeanor.
Last Action: Stricken from Senate calendar (38-Y 2-N)
Last Action Date: March 10, 2016
Title: Concealed handgun; person may carry concealed without permit if otherwise eligible to obtain permit.
Description: Concealed handgun permits. Allows any person 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 openly within the Commonwealth.
Last Action: Chair votes No
Last Action Date: February 1, 2016
Title: Protective orders; possession of firearms, penalty.
Description: Protective orders; possession of firearms; penalty. Provides that it is a Class 6 felony for a person who is subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) for family abuse to possess a firearm while the order is in effect. The bill also provides that such person may continue to possess and transport a firearm for 24 hours after being served with the order for the purposes of selling or transferring the firearm to another person. Under current law, it is a Class 1 misdemeanor for a person subject to a protective order to purchase or transport a firearm.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0049)
Last Action Date: February 26, 2016
Title: Use of firearm in commission of crime; civil liability.
Description: Use of firearm in commission of crime; civil liability. Provides that a person may be held civilly liable for injury to the person or property of another or for wrongful death resulting from the use of a firearm in the commission of a crime if it can be shown by clear and convincing evidence that the firearm came into the possession of the person who committed the crime because of the failure of the civil defendant to adequately secure the firearm from theft or unauthorized possession.
Last Action: Passed by indefinitely in Courts of Justice (10-Y 4-N)
Last Action Date: January 20, 2016
Title: Protective orders; possession of firearms; penalty.
Description: Protective orders; possession of firearms; penalty. Prohibits a person who is subject to a protective order from possessing a firearm; currently, such person is only prohibited from purchasing or transporting a firearm. Such conduct is punishable as a Class 1 misdemeanor.
Last Action: Incorporated by Courts of Justice
Last Action Date: January 27, 2016
Title: Handguns; establishes limitation on purchases, penalty.
Description: Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) law-enforcement agencies and officers, (ii) state and local correctional facilities, (iii) licensed private security companies, (iv) persons who hold a valid Virginia concealed handgun permit, (v) persons whose handgun has been stolen or who are trading in a handgun, (vi) purchases of handguns in a private sale, and (vii) purchases of antique firearms.
Last Action: Passed by indefinitely in Courts of Justice (11-Y 3-N)
Last Action Date: January 27, 2016
Title: Concealed handgun permits; sharing of information.
Description: Concealed handgun permits; sharing of information. Provides that information on concealed handgun permittees in the Virginia Criminal Information Network shall not be shared with law enforcement in states that do not have reciprocity agreements with Virginia for the carrying of concealed handguns.
Last Action: Stricken from docket by Militia, Police and Public Safety by voice vote
Last Action Date: March 4, 2016
Title: Concealed handgun permits; reciprocity with other states.
Description: Concealed handgun permits; reciprocity. Requires the General Assembly, in consultation with the Office of the Attorney General, to determine whether states meet the statutory qualifications for Virginia to recognize the concealed handgun permit of a person from another state. Under current law, this function is performed by the Superintendent of State Police in consultation with the Office of the Attorney General. The bill also requires the Superintendent of State Police to enter into agreements for reciprocal recognition with any state that qualifies.
Last Action: Continued to 2017 in Militia, Police and Public Safety by voice vote
Last Action Date: February 26, 2016
Title: Firearms magazines, certain; prohibition of sale, transfer, etc., penalties.
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. Under current law a juvenile adjudicated delinquent of the unlawful use of a firearm loses his driving privileges for two years if the firearm is capable of holding 12 shotgun shells; the bill reduces that number to more than 10.
Last Action: Passed by indefinitely in Courts of Justice (11-Y 3-N)
Last Action Date: January 27, 2016
Title: Firearms, loaded; prohibits carrying certain firearms in public places, exception.
Description: Public places; loaded firearms. Prohibits the carrying of certain loaded firearms in public places. Concealed handgun permit holders, law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, persons hunting, and persons at shooting ranges are exempt. The bill narrows the definition of a firearm and makes the prohibition, which previously applied only to certain localities, apply statewide.
Last Action: Passed by indefinitely in Courts of Justice (10-Y 2-N)
Last Action Date: January 20, 2016
Title: Concealed handgun permits; proof of competence, training courses.
Description: Concealed handgun permits; proof of competence. Makes various changes to the types of training courses permitted to satisfy the requirement to demonstrate competence with a handgun in order to obtain a concealed handgun permit, including (i) requiring that a National Rifle Association (NRA) or Department of Criminal Justice Services (DCJS) training course focus on the use and handling of a concealed handgun; (ii) requiring that a law-enforcement officer qualify to carry a handgun rather than a firearm in the course of normal police duties; and (iii) requiring that online NRA or DCJS training courses be synchronous. The bill eliminates as proof of demonstrated competence with a handgun (a) completing a hunter education or safety course; (b) completing a law-enforcement firearms safety or training course offered to security guards, investigators, special deputies, or any other division of law enforcement or security enforcement; and (c) having previously held a concealed handgun permit. The bill also provides that any proof of demonstrated competence with a handgun shall expire five years from the date of completion of such course or class.
Last Action: Passed by indefinitely in Courts of Justice (9-Y 5-N)
Last Action Date: January 20, 2016
Title: Transfer of firearms; permit required.
Description: Transfer of firearms; permit required. Requires the Department of State Police to establish procedures for issuing firearms transfer permits and provides that a person, other than a licensed dealer, who willfully and intentionally transfers a firearm to a person without a permit is guilty of a Class 1 misdemeanor.
Last Action: Continued to 2017 in Courts of Justice (10-Y 4-N)
Last Action Date: January 20, 2016
Title: Concealed weapons; adds any employee with internal investigations authority designated by DOC.
Description:
Last Action: Governor: Acts of Assembly Chapter text (CHAP0209)
Last Action Date: March 1, 2016
Title: Transfer of firearms; criminal history record information check, penalties.
Description: Transfer of firearms; criminal history record information check; penalties. Adds a definition of "firearms show vendor" or "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: Failed to report (defeated) in Courts of Justice (5-Y 9-N)
Last Action Date: January 20, 2016
Title: Handguns; purchase by certain officers.
Description: Purchase of handguns by certain officers. Adds employees of the Department of Corrections with internal investigations authority to the list of retired law-enforcement officers who may purchase their service handguns for $1.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0210)
Last Action Date: March 1, 2016
Title: Firearms; Terrorist Screening Database check prior to purchase.
Description: Sale of firearms; Terrorist Screening Database. Requires a check of the Terrorist Screening Database prior to purchasing a firearm from a dealer. The State Police will be required to consult with the Terrorist Screening Center to determine if a potential firearms purchaser is in the Database. A person whose name is in the Database will be disqualified from purchasing a firearm. A second enactment clause provides that the bill will not go into effect unless the U.S. Department of Justice approves the policies and procedures set out in the bill.
Last Action: Stricken at the request of Patron in Courts of Justice (15-Y 0-N)
Last Action Date: January 27, 2016
Title: Firearm or pneumatic gun; allowing access by children age six or younger, penalty.
Description: Firearms; access by children; penalty. Provides that it is a Class 1 misdemeanor to knowingly authorize a child age six or younger to use a firearm or pneumatic gun.
Last Action: Passed by indefinitely in Courts of Justice (10-Y 4-N)
Last Action Date: January 20, 2016
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, by operation of law, and when the transfer is temporary and is necessary to prevent imminent death or great bodily harm or occurs while in the continuous presence of the owner of the firearm.
Last Action: Failed to report (defeated) in Courts of Justice (4-Y 10-N)
Last Action Date: January 27, 2016
Title: Persons involuntarily admitted or ordered to outpatient treatment; purchase, etc., of ammunition.
Description: Purchase, etc., of ammunition by persons involuntarily admitted or ordered to outpatient treatment; penalty. Provides that it is a Class 1 misdemeanor for a person who has been involuntarily admitted or ordered to outpatient treatment or who has agreed to voluntary admission after being the subject of a temporary detention order to purchase, possess, or transport ammunition for a firearm. Current law only applies to the purchase, possession, or transportation of the firearm itself.
Last Action: Passed by indefinitely in Courts of Justice (9-Y 5-N)
Last Action Date: January 27, 2016
Title: Concealed handgun permit; disqualifications, residential mental health or substance abuse treatment.
Description: Concealed handgun permits; disqualifications; residential mental health or substance abuse treatment. Provides that a person is disqualified from obtaining a concealed handgun permit if he has received mental health or substance abuse treatment in a residential setting within five years before or after the date of his application for the permit. Currently, such disqualification applies only if the treatment occurred within five years prior to the date of his application for the permit. The bill provides that the State Police, a local law-enforcement agency, or an attorney for the Commonwealth, upon receipt of information that a permit holder is disqualified because of such treatment, shall notify the court that issued the permit. If the court finds that the permit holder is in fact disqualified because of such treatment, the court shall revoke the permit.
Last Action: Failed to report (defeated) in Courts of Justice (7-Y 8-N)
Last Action Date: January 27, 2016
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. A second enactment clause provides that the provisions related to the Terrorist Watchlist will not go into effect unless the U.S. Department of Justice approves the policies and procedures set out in the bill.
Last Action: Stricken at the request of Patron in Courts of Justice (14-Y 0-N)
Last Action Date: January 27, 2016
Title: Firearms, loaded; carrying in public while under influence.
Description: Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person who is under the influence of alcohol or illegal drugs to carry a loaded firearm on or about his person in a public place and that a person found guilty is ineligible to apply for a concealed handgun permit for a period of five years. The bill also creates a Class 2 misdemeanor for a person who carries a loaded firearm on or about his person onto the premises of any restaurant or club licensed to sell and serve alcoholic beverages for on-premises consumption and consumes an alcoholic beverage while on the premises.
Last Action: Passed by indefinitely in Finance (15-Y 0-N)
Last Action Date: February 10, 2016
Title: Transfer of firearms; criminal history record information check, penalties.
Description: Transfer of firearms; criminal history record information check; penalties. Adds a definition of "firearms show vendor" or "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: Incorporated by Courts of Justice
Last Action Date: January 20, 2016
Title: Firearms; access by children; penalty.
Description: Firearms; access by children; penalty. Provides that it is a Class 1 misdemeanor to knowingly authorize a child age four or younger to use a firearm or pneumatic gun.
Last Action: Passed by indefinitely in Courts of Justice (10-Y 4-N)
Last Action Date: January 20, 2016
Title: Firearms; no person who is subject to an emergency protective order.
Description: Violation of protective order; firearm or other deadly weapon; penalty. Provides that any person who violates a protective order with which he has been served while knowingly armed with a firearm or other deadly weapon is guilty of a Class 6 felony.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0638)
Last Action Date: April 1, 2016
Title: Firearms; removal from persons posing substantial risk; penalties.
Description: Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which an attorney for the Commonwealth or law-enforcement officer may apply to a circuit court judge for a warrant to remove firearms from a person who poses a substantial risk of injury to himself or others. If firearms are seized pursuant to such warrant, the bill requires a court hearing within 14 days from execution of the warrant to determine whether the firearms should be returned or retained by law enforcement. Seized firearms may be retained by court order for up to 180 days or, with court approval, may be transferred to a third party chosen by the person from whom they were seized. Persons who have been served with a warrant to remove firearms or who are the subject of an order to retain firearms are disqualified from having a concealed handgun permit or purchasing a firearm from a licensed dealer and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person whom he knows has been served with a warrant or who is the subject of an order is guilty of a Class 6 felony.
Last Action: Passed by indefinitely in Courts of Justice (9-Y 5-N)
Last Action Date: January 20, 2016
Title: Firearms; Terrorist Screening Database check prior to purchase.
Description: Sale of firearms; Terrorist Screening Database. Requires a check of the Terrorist Screening Database prior to purchasing a firearm from a dealer. The State Police will be required to consult with the Terrorist Screening Center to determine if a potential firearms purchaser is in the Database. A person whose name is in the Database will be disqualified from purchasing a firearm. A second enactment clause provides that the bill will not go into effect unless the U.S. Department of Justice approves the policies and procedures set out in the bill.
Last Action: Stricken at the request of Patron in Courts of Justice (13-Y 0-N)
Last Action Date: January 27, 2016
Title: Asset forfeiture; changes burden of proof.
Description: Asset forfeiture; burden of proof. Changes the Commonwealth's burden of proof to clear and convincing evidence from preponderance of the evidence in proving that the property is subject to forfeiture in civil asset forfeiture cases.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0664)
Last Action Date: April 1, 2016
Title: Law-enforcement officers, retired; authority to carry concealed handguns.
Description: Retired law-enforcement officers; concealed handguns. Clarifies provisions relating to the authority of retired law-enforcement officers, special agents of the State Corporation Commission and Virginia Alcoholic Beverage Control Board, members of the enforcement division of the Department of Motor Vehicles, and investigators of the security division of the Virginia Lottery to carry concealed handguns. Such officers, agents, members, and investigators who resigned after 20 years of service to accept a position covered by a retirement system authorized under Title 51.1 of the Code of Virginia fall under the same provisions as retired law-enforcement officers, agents, members, and investigators. Such retired officers, agents, members, and investigators who annually meet the training and qualification standards for active law-enforcement officers are authorized to carry concealed handguns in airports and schools and are deemed to have been issued a concealed handgun permit.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0257)
Last Action Date: March 7, 2016
Title: Concealed handgun permit; demonstration of competence.
Description: Concealed handgun permit; demonstration of competence. Removes the option for concealed handgun permit applicants to demonstrate competence with a handgun by completing an electronic, video, or online course conducted by a state-certified or National Rifle Association-certified firearms instructor. The bill does not affect any in-person means of satisfying the requirement to demonstrate competence with a handgun under current law.
Last Action: Failed to report (defeated) in Courts of Justice (5-Y 8-N)
Last Action Date: January 20, 2016
Title: Concealed handgun permits; exemption includes any judge or justice of the Commonwealth.
Description: Concealed handgun permit; judges exempt. Provides that a judge or justice of the Commonwealth may carry a concealed handgun throughout the Commonwealth without a permit.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0589)
Last Action Date: April 1, 2016
Title: Possession or transportation of firearms following convictions for certain misdemeanor crimes.
Description: Purchase, possession, or transportation of firearms following convictions for certain misdemeanor crimes; penalty. Prohibits a person who has been convicted of misdemeanor sexual battery or assault and battery where the victim is a family or household member from purchasing, possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor.
Last Action: Continued to 2017 in Courts of Justice (14-Y 0-N)
Last Action Date: January 27, 2016
Title: Possession or transportation of firearms following convictions for certain misdemeanor crimes.
Description: Purchase, possession, or transportation of firearms following convictions for certain misdemeanor crimes; penalty. Prohibits a person who has been convicted of misdemeanor sexual battery or assault and battery where the victim is a family or household member from purchasing, possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor.
Last Action: Left in Courts of Justice
Last Action Date: December 2, 2016
Title: Firearms; confiscation, reporting, and return by law enforcement.
Description: Confiscation, reporting, and return of firearms by law enforcement. Replaces current requirements that law-enforcement agencies report information regarding confiscated firearms to the Department of State Police with a requirement that such information be reported to a firearms tracing system maintained by the U.S. Department of Justice. The bill requires law-enforcement agencies to return stolen firearms to the rightful owner unless the person is prohibited from possessing the firearm or it is needed in a criminal prosecution.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0214)
Last Action Date: March 1, 2016
Title: Concealed handgun permits, out-of-state; photo identification issued by government agency, etc.
Description: Recognition of out-of-state concealed handgun permits; photo identification. Provides that the holder of an out-of-state concealed handgun permit who is at least 21 years of age is authorized to carry a concealed handgun in Virginia if (i) the other state has a 24-hour-a-day means of verification of the validity of the permits issued in that state, if available; (ii) the person carries a government-issued photo identification and displays it upon demand of a law-enforcement officer; and (iii) the person has not previously had a Virginia concealed handgun permit revoked. The bill requires the Superintendent of State Police (Superintendent) to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. The bill provides that if the Superintendent determines that another state requires the Attorney General to execute or formally approve such agreement, the Attorney General will execute or approve such agreement within 30 days of written notification by the Superintendent that the Attorney General is required to execute or approve such agreement. Current law recognizes concealed handgun permits issued by states that (a) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (b) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia. In addition, the bill requires the Superintendent, within 60 days of the effective date of the bill, to enter into agreements for reciprocal recognition of concealed handgun permits or licenses with other states where agreements were in existence on December 1, 2015.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0046)
Last Action Date: February 26, 2016
Title: Purchase of weapons other than handguns by certain officers.
Description: Purchase of weapons other than handguns by certain officers. Allows officers of certain agencies to purchase, at a fair market price and with approval of the agency head, weapons other than handguns that are issued for personal use of an officer so long as the weapon is a type and configuration that can be purchased at a regular hardware or sporting goods store by a private citizen without restrictions other than the instant background check. Current law allows this type of purchase only for the Department of State Police.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0215)
Last Action Date: March 1, 2016
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 his permit or license and 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: Incorporated by Courts of Justice
Last Action Date: January 27, 2016
Title: Carrying concealed handguns; protective orders.
Description: Carrying concealed handguns; protective orders. Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. The bill provides that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which shall serve as a de facto concealed handgun permit. The bill requires such person to have the order or certified application and photo identification on his person when carrying a concealed handgun and to display them upon demand by a law-enforcement officer; failure to do so is punishable by a $25 civil penalty.
Last Action: Governor: Vetoed by Governor
Last Action Date: April 7, 2016
Title: Concealed handgun permits; fees.
Description: Fees for concealed handgun permits. Makes the $10 fee that the clerk of court is now required to charge for processing a concealed handgun permit application or issuing a concealed handgun permit discretionary with the clerk.
Last Action: Left in Appropriations
Last Action Date: March 8, 2016
Title: Firearm, crossbow or bow and arrow; shooting in or across road or street, penalty.
Description: Shooting in or across road or in street. Provides that a person who possesses a loaded firearm, crossbow, or bow and arrow for the purpose of hunting in any road or street of a city or town is guilty of a Class 4 misdemeanor.
Last Action: Stricken at the request of Patron in Courts of Justice (13-Y 0-N)
Last Action Date: January 27, 2016
Title: Concealed handgun permits, out-of-state; government-issued photo id., reciprocal agreements.
Description: Out-of-state concealed handgun permits; photo identification; reciprocal agreements. 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 his permit or license and 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. The bill also requires the Superintendent of State Police to enter into agreements for reciprocal recognition with any state that requires such an agreement in order to establish reciprocity for residents of the Commonwealth to carry concealed handguns in that state.
Last Action: Incorporated by Courts of Justice
Last Action Date: January 27, 2016
Title: Concealed Carry Reciprocity Advisory Commission; established, report.
Description: Concealed Carry Reciprocity Advisory Commission. Establishes the Concealed Carry Reciprocity Advisory Commission (the Commission) as a legislative commission. The Commission will review the laws of other states to determine whether the Commonwealth should recognize concealed handgun or concealed weapon permits in other states and will approve the entering into and rescinding of reciprocity agreements with other states. The bill provides that until December 31, 2016, the Superintendent of State Police shall recognize any valid concealed handgun or concealed weapon permit or license issued by another state where such state's permit or license was, as of December 31, 2015, recognized by the Superintendent of State Police as authorizing the holder of such permit or license to carry a concealed handgun in the Commonwealth.
Last Action: Left in Finance
Last Action Date: February 17, 2016
Title: Firearms shows; voluntary background checks by Department of State Police, penalties.
Description: Firearms shows; voluntary background checks; penalties. Requires the Department of State Police to be available to perform background checks for non-dealer sales at firearms shows if requested by a party involved in a transaction. The promoter of the firearms show shall furnish the Department of State Police sufficient facilities to perform the background checks. 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: Governor: Acts of Assembly Chapter text (CHAP0044)
Last Action Date: February 26, 2016
Title: Firearm transfers; penalties.
Description: Firearm transfers; penalties. Creates a Class 3 misdemeanor for a person who is not a licensed dealer but who conducts business as a merchant of firearms to sell a firearm without a background check conducted by a federally licensed dealer. The bill exempts transfers to family members, personal friends, by inheritance, by operation of law, or for a temporary purpose.
Last Action: Passed by indefinitely in Courts of Justice (9-Y 5-N)
Last Action Date: February 10, 2016
Title: Concealed handgun; recognition of out-of-state permits.
Description: Recognition of out-of-state concealed handgun permits. Provides that the holder of an out-of-state concealed handgun permit who is at least 21 years of age is authorized to carry a concealed handgun in Virginia if he carries a government-issued photo identification and presents his permit or license and such identification upon demand by a law-enforcement officer. The bill requires the Attorney General to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. Current law recognizes concealed handgun permits issued by states that (i) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (ii) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia. The bill also provides that an out-of-state permit issued to a Virginia resident is not valid if the person would not qualify for a Virginia permit.
Last Action: Incorporated by Courts of Justice
Last Action Date: January 27, 2016
Title: Concealed handgun permits; fee for processing.
Description: Fees for concealed handgun permits. Makes the $10 fee that the clerk of court is now required to charge for processing a concealed handgun permit application or issuing a concealed handgun permit discretionary with the clerk.
Last Action: Passed by indefinitely in Finance (14-Y 1-N)
Last Action Date: February 1, 2017
