Proposed Virginia Firearm Legislation
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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: 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: Left in Finance
Last Action Date: December 2, 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: Left in Finance
Last Action Date: December 1, 2016
Title: Switchblade knife; exception to carry concealed.
Description: Carrying a switchblade knife; exception. Authorizes Carrying a switchblade knife; exception. Authorizes any person to carry a switchblade knife concealed when such knife is carried for the purpose of engaging in a lawful profession or lawful recreational activity the performance of which is aided by the use of a switchblade knife. The bill removes switchblade knives from the list of weapons the selling, bartering, giving, or furnishing of which is a Class 4 misdemeanor.
Last Action: Governor: Governor's Action Deadline Midnight, February 20, 2017
Last Action Date: February 13, 2017
Title: Law enforcement, local; fees for concealed handgun permits, courthouse and courtroom security.
Description: Local law enforcement; fees for concealed handgun permits; courthouse and courtroom security; assessment. Eliminates (i) the fee, under current law up to $35, that a local law-enforcement agency is permitted to charge for conducting the background investigation for a concealed handgun permit and (ii) the requirement that the local law-enforcement agency forward to the State Police any amount assessed by the FBI for providing criminal history record information in the background investigation. The bill makes discretionary the current mandatory fee of up to $10 charged by the clerk for processing a concealed handgun permit application or issuing a permit. The bill increases from $10 to $20 the maximum amount, designated solely to fund courthouse and courtroom security, that a local governing body may assess against a convicted defendant as part of the costs in a criminal or traffic case in district or circuit court.
Last Action: Left in Appropriations
Last Action Date: February 8, 2017
Title: Concealed handgun permits; age requirement for persons on active military duty.
Description: Concealed handgun permits; age requirement for persons on active military duty. Allows a person at least 18 years of age but less than 21 years of age to apply for a concealed handgun permit if he is on active military duty or has received an honorable discharge from the United States Armed Forces or the Virginia National Guard and has completed basic training as a part of his military service. The bill allows reciprocity under the same circumstances for a nonresident who carries a concealed handgun or weapons permit recognized in the Commonwealth. Current law requires that residents and nonresidents be at least 21 years of age to carry a concealed handgun.
Last Action: (67 affirmative votes required to override)
Last Action Date: April 5, 2017
Title: Prohibited public carrying of certain firearms; penalty.
Description: Prohibited public carrying of certain firearms; penalty. Prohibits the carrying of a loaded shotgun or rifle in places open to the public in certain cities and counties. Current law prohibits the carrying in such locations of certain loaded firearms with high capacity magazines, silencers, folding stock, or long ammunition or a loaded shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered. The bill adds the City of Roanoke to the list of cities in which the carrying of such firearms is prohibited.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Firearms; restricting access to children, Class 1 misdemeanor.
Description: Restricting access to firearms by children; mental state; penalty. Removes the requirement that conduct required for a conviction of unlawfully leaving a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 be reckless. The bill increases the penalty for such violation from a Class 3 misdemeanor to a Class 1 misdemeanor.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Handguns; 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) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Firearms; carrying in public while intoxicated, etc., penalty.
Description: Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person who is intoxicated or under the influence of 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. Current law provides that such prohibition applies only to persons permitted to carry a concealed handgun. 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. Current law provides that such prohibition applies only to those persons carrying a concealed handgun on such premises.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Law-enforcement immunity; storage of firearms.
Description: Law-enforcement immunity; storage of firearms. Shields from civil or criminal liability any law-enforcement agency or law-enforcement officer that stores, possesses, or transports a firearm with the consent of a person prohibited from possessing a firearm because he is subject to a protective order for any damage, deterioration, loss, or theft of such firearm. The bill does not require any law-enforcement agency or law-enforcement officer to take possession of any firearm.
Last Action: Left in Courts of Justice
Last Action Date: February 7, 2017
Title: Sales tax exemption; gun safes.
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 ammunition for use in a firearm. Under the bill, a gun safe does not include a glass-faced cabinet.
Last Action: Assigned Finance sub: Subcommittee #3
Last Action Date: January 20, 2017
Title: Restoration of firearms rights; report to State Police.
Description: 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 if a court enters an order restoring a felon's right, the order shall contain the felon's name and date of birth and the clerk of the court shall certify and forward the restoration order to the Central Criminal Records Exchange (CCRE). The bill provides that the Department of State Police, upon receipt of the restoration order, shall enter the felon'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 8, 2017
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 until such warrant has been dissolved by a court 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 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 7, 2017
Title: Firearms; criminal history record information check before transfer, penalties.
Description: Transfer of firearms; criminal history record information check; penalties. Requires that a criminal history record information check be performed on the prospective transferee before a vendor may transfer firearms at a gun show. A violation is a Class 6 felony. A definition of "vendor" is added. The bill also requires that the promoter of a firearms show post notice of the requirement for a criminal history record information check and provide vendors with access to licensed dealers who will conduct the criminal history record information check. The bill repeals a provision added by the 2016 Session of the General Assembly that 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.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Purchase and transport of firearms; simple assault hate crime.
Description: Purchase and transport of firearms; simple assault hate crime. Prohibits persons convicted of simple assault or assault and battery when the victim was selected because of his race, religious conviction, color, or national origin from purchasing or transporting a firearm for five years following such conviction.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Firearms; felon sharing residence with person who legally possesses.
Description: Possession of firearms; shared residence. Exempts a person prohibited from possessing a firearm due to a felony conviction from such prohibition if he is in constructive possession of a firearm owned by another person by virtue of sharing a residence with such other person who lawfully possesses a firearm, provided that he is not in actual possession of the firearm.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Place of worship; carrying dangerous weapon personal protection.
Description: Dangerous weapon; place of worship; personal protection. Provides that the term "good and sufficient reason," as used in the exception to the prohibition on carrying dangerous weapons in a place of worship, includes personal protection. This bill codifies an opinion of the Attorney General (4/8/2011).
Last Action: Subcommittee recommends striking from docket by voice vote
Last Action Date: January 19, 2017
Title: Concealed handgun permit; permit requirements.
Description: Concealed handgun permit; permit requirements. Provides that a concealed handgun permit shall be of a size comparable to a Virginia driver's license and may be laminated or use a similar process to protect the permit. Current law requires that the permit be no larger than two inches wide by three and one-fourth inches long.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0047)
Last Action Date: February 17, 2017
Title: 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. This bill is identical to SB 1299.
Last Action: (67 affirmative votes required to override)
Last Action Date: April 5, 2017
Title: Victims of domestic violence, etc.; firearms safety or training course.
Description: Victims of domestic violence, etc.; firearms safety or training course. Creates the Virginia Firearms Safety and Training for Sexual and Domestic Violence Victims Fund. The bill provides that the Department of Criminal Justice Services may distribute funds from the 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, or family abuse. The Department would not be permitted to issue reimbursements in excess of the amount available in the Fund. 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. This bill is identical to SB 1300.
Last Action: (67 affirmative votes required to override)
Last Action Date: April 5, 2017
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: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Firearms; transfer, 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 may immediately complete the sale or transfer if he is advised by the State Police that a response will not be available within the required timeframe.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Concealed handgun permit; disqualification, driving illegally after consumption of alcohol.
Description: Disqualification for a concealed handgun permit; persons under 21 driving after illegally consuming alcohol. Disqualifies a person convicted or adjudicated delinquent of driving after illegally consuming alcohol as a person under the age of 21 or adjudicated delinquent of operating a motor vehicle while intoxicated within the three-year period immediately preceding the application from obtaining a concealed handgun permit. Current law disqualifies persons convicted of operating a motor vehicle while intoxicated within the three-year period immediately preceding the application from obtaining a concealed handgun permit.
Last Action: Left in Courts of Justice
Last Action Date: February 7, 2017
Title: Marijuana; decriminalization of simple marijuana possession.
Description: Marijuana; decriminalization of simple marijuana possession. Decriminalizes marijuana possession and provides a civil penalty of no more than $250 for a first violation and $1,000 for a second or subsequent violation. Under current law, a first offense is punishable by a maximum fine of $500 and a maximum 30-day jail sentence, and subsequent offenses are a Class 1 misdemeanor. The bill creates a rebuttable presumption that a person who possesses no more than one-half ounce of marijuana possesses it for personal use and provides that the existing suspended sentence and substance abuse screening provisions apply only to criminal violations or to civil violations by a minor. The bill decreases the penalty for distribution or possession with intent to sell more than one-half but not more than five pounds of marijuana from a Class 5 felony to a Class 6 felony.
Last Action: Left in Courts of Justice
Last Action Date: February 7, 2017
Title: School security officers; authorized to carry 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 (i) is a retired law-enforcement officer; (ii) was an active law-enforcement officer in the Commonwealth of Virginia within the 10 years immediately prior to being hired by the local school board; (iii) annually participates in the same firearms training and testing and meets the training and qualification standards to carry firearms as is required of an active law-enforcement officer in the Commonwealth; (iv) is granted the authority to carry a firearm in the performance of his duties by the local school board; and (v) is not otherwise prohibited by state or federal law from possessing a firearm.
Last Action: Left in Education
Last Action Date: February 7, 2017
Title: Slingbow hunting; authorizes use to hunt small and big game.
Description: Slingbow hunting; license. Authorizes the use of a slingbow to hunt deer and small game when a hunter is licensed to hunt with a bow and arrow.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0530)
Last Action Date: March 16, 2017
Title: Concealed handgun permits; age requirement for persons on active military duty.
Description: Concealed handgun permits; age requirement for persons on active military duty. Allows a person at least 18 years of age but less than 21 years of age to apply for a concealed handgun permit if he is on active military duty. The bill allows a nonresident at least 18 and years of age but less than 21 years of age who holds a concealed handgun or weapons permit recognized in the Commonwealth to carry a concealed handgun within the Commonwealth if he is on active military duty. Current law requires that persons be at least 21 years of age to carry a concealed handgun.
Last Action: Tabled in Militia, Police and Public Safety by voice vote
Last Action Date: January 27, 2017
Title: Protective orders; possession of firearms, felony.
Description: Protective orders; possession of firearms; felony. 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 subjecting another person to an act of violence, force, or threat to possess a firearm while the order is in effect, which is equivalent to the existing penalty for possession of a firearm by a person subject to a permanent protective order for family abuse. 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. The bill also requires that any person who is prohibited from possessing a firearm because he is subject to a permanent protective order certify in writing to the clerk of the court that issued the order within 48 hours after being served with the order that any firearm in his possession has been sold or transferred.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Emergency Services and Disaster Law of 2000; reference to firearms, emergency shelter.
Description: Emergency Services and Disaster Law of 2000; firearms; emergency shelter. Removes the authority of a governmental entity under the Emergency Services and Disaster Law of 2000 to limit lawful possession, carrying, transportation, sale, or transfer of firearms in any place or facility used by the governmental entity as an emergency shelter.
Last Action: House sustained Governor's veto
Last Action Date: April 5, 2017
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 also applies to selling, bartering, giving, or furnishing an assault firearm to a person prohibited from possessing or transporting an assault firearm because he is not lawfully admitted for permanent residence.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
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: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Firearms, certain; possession by minors, parental permission, penalty.
Description: Relating to possession of certain firearms by minors; parental permission; penalty.Requires any minor who possesses certain firearms in the home or on the property of his parent, grandparent, or legal guardian to have prior permission from such parent, grandparent, or legal guardian.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Firearm transfers; criminal history record information checks required, penalty.
Description: Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer 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 exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an estate or by the trustee of a testamentary trust, and temporary transfers that occur in the presence of the owner of the firearm or are necessary to prevent imminent death or serious bodily injury. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Firearms; civil liability for sale or transfer without a background check.
Description: Civil liability for sale or transfer of a firearm; background check. Provides that a person may be held civilly liable for injuries to person or property or wrongful death of another caused by a third party if it can be shown that the civil defendant sold or transferred a firearm to the person who committed the crime resulting in injury or death without obtaining a background check and verification that the transferee was not prohibited from possessing a firearm.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Firearm transfers; criminal history record information checks, penalty.
Description: Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer 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 exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an estate or by the trustee of a testamentary trust, and temporary transfers that (i) occur within the continuous presence of the owner of the firearm; (ii) are necessary to prevent imminent death or serious bodily injury; (iii) occur at a shooting range, shooting gallery, or other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (iv) are for the purpose of and while the transferee is engaged in hunting, trapping, or target shooting. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
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: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Concealed handgun permits; age requirement for persons on active military duty.
Description: Concealed handgun permits; age requirement for persons on active military duty. Allows a person at least 18 years of age but less than 21 years of age to apply for a concealed handgun permit if he is on active military duty. The bill allows a nonresident at least 18 and years of age but less than 21 years of age who holds a concealed handgun or weapons permit recognized in the Commonwealth to carry a concealed handgun within the Commonwealth if he is on active military duty. Current law requires that persons be at least 21 years of age to carry a concealed handgun.
Last Action: Tabled in Militia, Police and Public Safety by voice vote
Last Action Date: January 27, 2017
Title: Concealed handgun; eligibility to carry openly within Commonwealth.
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: Left in Appropriations
Last Action Date: February 8, 2017
Title: Retail establishments and restaurants; posting of signs relating to firearms policy.
Description: Retail establishments and restaurants; posting of signs relating to firearms policy. Provides that if a retail establishment or restaurant has a policy that permits the carrying of firearms onto the premises, the proprietor or other person in charge of the retail establishment or restaurant must post in an appropriate place, in a clear, conspicuous, and sufficient manner, a "Firearms Permitted" sign. The bill imposes a civil penalty of not more than $25 for failure to post such signs, to be paid into the Literary Fund.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: Concealed handgun; retired conservation officers may carry.
Description: Carrying a concealed handgun; retired conservation officers. Adds conservation officers retired from the Department of Conservation and Recreation to the list of retired persons eligible to carry a concealed handgun without a permit. This bill is identical to SB 1465.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0101)
Last Action Date: February 20, 2017
Title: Restricted firearm ammunition; use or attempted use in the commission of a felony, penalty.
Description: Restricted ammunition; use or attempted use in the commission of a felony; penalty. Removes the prohibition on use or attempted use of restricted firearm ammunition in any non-felony criminal offense. The bill expands the definition of restricted firearms ammunition to include "pinched tip" bullets and expands the exception to such definition to include certain ammunition with copper cores. The bill provides that if any ammunition has been approved by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives for commercial sale, it is not restricted firearms ammunition.
Last Action: Left in Courts of Justice
Last Action Date: February 7, 2017
Title: Concealed handgun permit; application for permit requires photo identification.
Description: Application for a concealed handgun permit; photo identification. Requires applicants for a concealed handgun permit to present one valid form of government-issued photo identification issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense or U.S. State Department (passport). The bill removes the requirement that the application be made under oath before a notary.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0237)
Last Action Date: February 23, 2017
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 weapon 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: Stricken from docket by Courts of Justice by voice vote
Last Action Date: February 3, 2017
Title: Concealed handgun permit; change of address.
Description: Concealed handgun permit; change of address. Replaces the requirement that a concealed carry permit holder present proof of a new address with a requirement that the permit holder present written notice of the change of address on a form provided by the Department of State Police for a court to issue a replacement concealed handgun permit due to a change of address.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0238)
Last Action Date: February 23, 2017
Title: Firearm transactions; voluntary background checks, clarification of provisions.
Description: Firearm transactions; voluntary background checks; clarification. Clarifies the provisions that apply to voluntary background checks performed at a firearms show by translating the Latin term of art mutatis mutandis into English.
Last Action: Stricken from docket by Militia, Police and Public Safety by voice vote
Last Action Date: January 27, 2017
Title: Income tax, state; tax credit for purchase of gun safe.
Description: Income tax credit; purchase of gun safe. Establishes an individual income tax credit beginning January 1, 2017, for the purchase of a gun safe. The credit would equal 50 percent of the purchase price paid for any gun safe with a selling price of $500 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 ammunition for use in a firearm. An individual may not claim more than $100 in tax credits for all taxable years. The Department would be authorized to issue up to $250,000 in tax credits each year. The credit would expire on January 1, 2022.
Last Action: Stricken from docket by Finance by voice vote
Last Action Date: January 30, 2017
Title: Self-defense; limited immunity when reporting acts, penalties.
Description: Limited immunity when reporting acts of self-defense; Limited immunity when reporting acts of self-defense; penalties. Provides that no statements made by a person in a good faith effort to promptly report an incident involving the threatened or actual use of justifiable physical or deadly physical force may be used against that person in any civil or criminal proceeding. The bill also provides that any documents or reports regarding a statement made by a person in a good faith effort to promptly report an incident involving the threatened or actual use of justifiable physical or deadly physical force, in a good faith effort to obtain emergency medical or law enforcement assistance, shall not be released to the public or news media prior to its use in a trial involving such incident if it is reasonably expected that a trial involving such incident will occur. If it is not reasonably expected that a trial involving such incident will occur, the contents of the report may be released to the public or news media at the discretion of the attorney for the Commonwealth or with the consent of the person who made the statement. The bill also provides that any person who uses any statements made by a person in a good faith effort to promptly report an incident involving the threatened or actual use of justifiable physical or deadly physical force against him in a civil or criminal proceeding, or provides any documents that are not releasable to the public, is guilty of a Class 1 misdemeanor for the first offense, a Class 6 felony for a second
Last Action: Referred to Committee for Courts of Justice
Last Action Date: January 19, 2017
Title: Concealed weapons; carrying of firearms by former attorneys for the Commonwealth, etc.
Description: Carrying concealed weapons; former attorneys for the Commonwealth and assistant attorneys for the Commonwealth. Exempts from the prohibition on carrying a concealed handgun a retired or resigned attorney for the Commonwealth or assistant attorney for the Commonwealth who (i) was not terminated for cause and served at least 10 years prior to his retirement or resignation; (ii) during the most recent 12-month period, has met, at his own expense, the standards for qualification in firearms training for active law-enforcement officers in the Commonwealth; (iii) carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the attorney for the Commonwealth from whose office he retired or resigned; and (iv) meets the requirements of a "qualified retired law enforcement officer" pursuant to the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C. ยง 926C). The bill provides that a retired or resigned attorney for the Commonwealth or assistant attorney for the Commonwealth who has received such proof of consultation and favorable review shall have the opportunity to annually participate, at his expense, in the same training and testing to carry firearms as is required of active law-enforcement officers in the Commonwealth.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0689)
Last Action Date: March 24, 2017
Title: Firearms; purchase, possession, or transportation.
Description: Purchase, possession, or transportation of firearms; petition to restore right. Provides that any person who is not a resident of the Commonwealth and who is prohibited from purchasing, possessing, or transporting any firearm in the Commonwealth due to an acquittal by reason of insanity, being adjudicated mentally incompetent or incapacitated, or being involuntarily admitted or ordered to outpatient treatment may petition for the restoration of such rights in the general district court of the city or county in which the most recent of such proceedings occurred. Current law provides that a person so prohibited may petition for the restoration of such rights in the general district court of the city or county in which he resides.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0516)
Last Action Date: March 16, 2017
Title: Handguns; all dealers who sell or transfer to also have personalized handguns available for sale.
Description: Sale of handguns; personalized handguns required. Requires all dealers who sell or transfer any handgun to also have personalized handguns available for sale. The bill defines "personalized handgun" as a handgun that incorporates within its design, and as part of its original manufacture, technology that automatically limits its operational use and that cannot be readily deactivated, so that it is capable of being fired only by an authorized or recognized user. The bill requires the Attorney General, in consultation with the Superintendent of State Police, to maintain a list of personalized handguns that are available for retail sales purposes. The bill exempts transactions between certain manufacturers, dealers, and collectors, purchases by law-enforcement agencies, and sales or transfers of antique firearms.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
Title: VWC; permits commissioners and deputy commissioners to carry a concealed weapon.
Description: Commissioners and deputy commissioners of the Virginia Workers' Compensation Commission; carrying a concealed weapon; carrying a weapon in a courthouse. Permits commissioners and deputy commissioners of the Virginia Workers' Compensation Commission to carry a concealed weapon wherever they may travel in the Commonwealth and exempts such persons from the prohibition on carrying firearms in a courthouse.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 7, 2017
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: Left in Militia, Police and Public Safety
Last Action Date: December 1, 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: Left in Courts of Justice
Last Action Date: December 2, 2016
Title: Firearm registration; Va. State Crime Commission to study cost of establishing program.
Description: Study; Virginia State Crime Commission; firearm registration; report. Directs the Virginia State Crime Commission to study the feasibility and costs of establishing a firearm registration program for firearms purchased in the Commonwealth, along with the potential efficacy of firearm registration in reducing firearm-related deaths and injuries.
Last Action: Stricken at request of Patron in Rules by voice vote
Last Action Date: February 2, 2017
Title: Firearms; person to report loss or theft within 24 hours.
Description: Reporting lost or stolen firearms. 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 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into 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 is immune from criminal or civil liability for acts or omissions that result from such loss or theft; the immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.
Last Action: Passed by indefinitely in Courts of Justice (9-Y 6-N)
Last Action Date: January 18, 2017
Title: Firearm transactions; voluntary background checks, clarification of provisions.
Description: Firearm transactions; voluntary background checks; clarification. Clarifies the provisions that apply to voluntary background checks performed at a firearms show by translating the Latin term of art mutatis mutandis into English.
Last Action: Passed by indefinitely in Courts of Justice with letter (14-Y 1-N)
Last Action Date: January 18, 2017
Title: Furnishing certain weapons to minor; exemption.
Description: Furnishing certain weapons to minor; exemption. Exempts the transfer of a dirk, switchblade knife, or bowie knife between family members or for the purpose of engaging in a sporting event or activity from the current prohibition against selling, bartering, giving, or furnishing such weapons to a minor.
Last Action: Requires 27 affirmative votes to override veto
Last Action Date: April 5, 2017
Title: Concealed handgun permit fees; exemptions; retired probation and parole officers.
Description: Concealed handgun permit fees; exemptions; retired probation and parole officers. Exempts retired probation and parole officers who have completed 15 years of service from concealed handgun permit application fees.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0241)
Last Action Date: February 23, 2017
Title: Firearm locks required for sale or transfer of handguns; warning against accessibility to children.
Description: Firearm locks required for sale or transfer of handguns; warning against accessibility to children; penalty. Makes it unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun to any person (i) other than a licensed manufacturer, licensed importer, or licensed dealer, unless the transferee is provided with a locking device for that handgun, or (ii) unless the handgun is accompanied by a warning, in conspicuous and legible type in capital letters printed on a label affixed to the gun and on a separate sheet of paper included within the packaging enclosing the handgun, that handguns should be locked and kept away from children and that there may be civil and criminal liability for failing to do so. There are exceptions for law-enforcement and governmental agencies.
Last Action: Stricken at the request of Patron in Courts of Justice (14-Y 0-N)
Last Action Date: January 18, 2017
Title: VWC; permits commissioners and deputy commissioners to carry a concealed weapon.
Description: Carrying weapon into courthouse; Workers' Compensation commissioner or deputy commissioner exempt. Provides an exception from the prohibition against carrying a weapon into courthouses in the Commonwealth for a commissioner or deputy commissioner of the Workers' Compensation Commission while in the conduct of official duties.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0761)
Last Action Date: March 24, 2017
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, to personal friends, by inheritance, by operation of law, or for a temporary purpose.
Last Action: Passed by indefinitely in Courts of Justice (9-Y 6-N)
Last Action Date: January 23, 2017
Title: Muzzleloader firearms; definition.
Description: Muzzleloader firearms; definition. Incorporates the Virginia criminal law definition of a muzzleloader into the current statutory definitions of muzzleloading pistol, muzzleloading rifle, and muzzleloading shotgun located in Title 29.1 (Game, Inland Fisheries and Boating).
Last Action: Governor: Acts of Assembly Chapter text (CHAP0161)
Last Action Date: February 23, 2017
Title: Barrier crimes; clarifies individual crimes, criminal history records checks.
Description: Criminal history records checks; barrier crimes. Clarifies the individual crimes that constitute a barrier for (i) individuals seeking employment at nursing homes, home care organizations, hospices, state facilities, and private providers licensed by the Department of Behavioral Health and Developmental Services, community services boards, behavioral health authorities, assisted living facilities, adult day care centers, children's welfare agencies, family day homes approved by family day systems, and children's residential facilities; (ii) applicants for licensure, registration, or approval as assisted living facilities, child welfare agencies, or family day homes approved by family day systems; (iii) individuals with whom a local board of social services or child-placing agency is considering placing a child on an emergency, temporary, or permanent basis; (iv) foster and adoptive homes seeking approval from child-placing agencies; and (v) providers of adult services and adult foster care seeking approval by the Department of Social Services. The bill also adds certain offenses to the list of barrier crimes.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0809)
Last Action Date: April 5, 2017
Title: Concealed handgun permits; sharing of information.
Description: Concealed handgun permits; sharing of information. Prohibits sharing of information regarding Virginia concealed handgun permits in the Virginia Criminal Information Network with law enforcement in states that do not recognize a Virginia concealed handgun permit as valid in the state. The bill requires the Department of State Police to maintain and publish online a list of states that recognize a Virginia concealed handgun permit as valid in the state. The bill does not create a private cause of action.
Last Action: Governor: Vetoed by Governor
Last Action Date: April 27, 2017
Title: Protective orders; possession of firearms; felony.
Description: Protective orders; possession of firearms; felony. 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 subjecting another person to an act of violence, force, or threat to possess a firearm while the order is in effect, which is equivalent to the existing penalty for possession of a firearm by a person subject to a permanent protective order for family abuse. 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. The bill also requires that any person who is prohibited from possessing a firearm because he is subject to a permanent protective order certify in writing to the clerk of the court that issued the order within 48 hours after being served with the order that any firearm in his possession has been sold or transferred.
Last Action: Passed by indefinitely in Finance (11-Y 5-N)
Last Action Date: January 31, 2017
Title: Firearms; administration of machine gun registry, nonresident concealed handgun permits.
Description: Firearms; administration of machine gun registry, Firearms; administration of machine gun registry, nonresident concealed handgun permits, and criminal history record checks. Requires any person registered to possess a machine gun to notify the Department of State Police (the Department) of a change of address within 30 days of such change. The bill reduces the number of photographs that an applicant for a nonresident concealed handgun permit must submit from two to one. The bill requires the form provided by the Department for a dealer to obtain criminal history record information for a firearm purchase to include a question about whether the proposed purchaser has been the subject of a temporary detention order and subsequently agreed to voluntary admission to a state facility. Current law prohibits such persons from purchasing, possessing, or transporting a firearm and provides that other mental health disqualifications be disclosed on such form. The bill requires firearms dealers to comply with the federal minimum wait time of three days after contacting the system for a background check before releasing a firearm without an approval number; under existing state law, such firearm must be released after one business day without an approval number. The bill removes the option under state law for a dealer to complete a sale if notified that a response will not be available by the end of the dealer's next business day and removes the requirement that the Department notify the dealer of such delay. The bill removes the requirement that the dealer mail the criminal history record check consent form for a person who is
Last Action: Passed by indefinitely in Finance (16-Y 0-N)
Last Action Date: January 31, 2017
Title: Firearms; control of possession in chambers of local governing bodies.
Description: Control of firearms; chambers of local governing bodies. Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components or a combination thereof at any regular or special meeting of such local governing body, provided notice of such prohibition is publicly posted and the meeting room is owned or operated by the locality.
Last Action: Passed by indefinitely in Courts of Justice (9-Y 6-N)
Last Action Date: January 18, 2017
Title: Firearms; person to report loss or theft within 24 hours.
Description: Reporting lost or stolen firearms. 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 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into 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 is immune from criminal or civil liability for acts or omissions that result from such loss or theft; the immunity does not apply to a person who knowingly gives a false report. The bill does not apply to the loss or theft of an antique firearm.
Last Action: Passed by indefinitely in Courts of Justice (11-Y 4-N)
Last Action Date: January 18, 2017
Title: Firearm transfers; criminal history record information checks, penalty.
Description: Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer 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 exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an estate or by the trustee of a testamentary trust, and temporary transfers that (i) occur within the continuous presence of the owner of the firearm; (ii) are necessary to prevent imminent death or serious bodily injury; (iii) occur at a shooting range, shooting gallery, or other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (iv) are for the purpose of and while the transferee is engaged in hunting, trapping, or target shooting. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.
Last Action: Passed by indefinitely in Courts of Justice (12-Y 3-N)
Last Action Date: January 18, 2017
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 or handle a firearm.
Last Action: Passed by indefinitely in Courts of Justice (8-Y 7-N)
Last Action Date: January 18, 2017
Title: Firearms; carrying in public while intoxicated, etc., penalty.
Description: Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person who is intoxicated or under the influence of 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. Current law provides that such prohibition applies only to persons permitted to carry a concealed handgun. 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. Current law provides that such prohibition applies only to those persons carrying a concealed handgun on such premises.
Last Action: Passed by indefinitely in Courts of Justice (9-Y 5-N)
Last Action Date: January 18, 2017
Title: Concealed weapons; nonduty status active military personnel may carry.
Description: Carrying concealed weapons; exemption for nonduty status active military personnel. Provides that an active duty member of the Virginia National Guard, Armed Forces of the United States, or Armed Forces Reserves of the United States in a nonduty status may carry a concealed weapon wherever such member may travel in the Commonwealth.
Last Action: Incorporated by Courts of Justice
Last Action Date: January 18, 2017
Title: 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. This bill is identical to HB 1852.
Last Action: Requires 27 affirmative votes to override veto
Last Action Date: April 5, 2017
Title: Victims of domestic violence, etc.; firearms safety or training course.
Description: Victims of domestic violence, etc.; firearms safety or training course. Creates the Virginia Firearms Safety and Training for Sexual and Domestic Violence Victims Fund. The bill provides that the Department of Criminal Justice Services may distribute funds from the 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, or family abuse. The Department would not be permitted to issue reimbursements in excess of the amount available in the Fund. 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. This bill is identical to HB 1853.
Last Action: Requires 27 affirmative votes to override veto
Last Action Date: April 5, 2017
Title: Foster care; possession of firearm.
Description: Foster care; possession of firearm. Requires that possession of any firearms or other weapons in a foster home comply with federal and state laws and that the individual providing foster care services store all firearms, other weapons, and ammunition in a locked closet or cabinet unless they are being lawfully carried on the individual's person. The bill requires that the key or combination to the locked closet or cabinet be maintained out of the reach of all children in the home.
Last Action: Governor: Vetoed by Governor
Last Action Date: April 27, 2017
Title: Switchblade knife; person may carry concealed, exception.
Description: Carrying a switchblade knife; exception. Authorizes any person to carry a switchblade knife concealed when such knife is carried for the purpose of engaging in a lawful profession or lawful recreational activity the performance of which is aided by the use of a switchblade knife. The bill removes switchblade knives from the list of weapons the selling, bartering, giving, or furnishing of which is a Class 4 misdemeanor. This bill is identical to HB 1432.
Last Action: Requires 27 affirmative votes to override veto
Last Action Date: April 5, 2017
Title: Concealed weapons; nonduty status active military personnel may carry.
Description: Carrying concealed weapons; exemption for nonduty status military personnel. Provides that a member of the Virginia National Guard, Armed Forces of the United States, or Armed Forces Reserves of the United States in a nonduty status may carry a concealed weapon wherever such member may travel in the Commonwealth, provided that such member is carrying his valid military identification card.
Last Action: Requires 27 affirmative votes to override veto
Last Action Date: April 5, 2017
Title: Law enforcement, local; fees for concealed handgun permits, courthouse and courtroom security.
Description: Local law enforcement; fees for concealed handgun permits; courthouse and courtroom security; assessment. Eliminates (i) the fee, under current law up to $35, that a local law-enforcement agency is permitted to charge for conducting the background investigation for a concealed handgun permit and (ii) the requirement that the local law-enforcement agency forward to the State Police any amount assessed by the FBI for providing criminal history record information in the background investigation. The bill makes discretionary the current mandatory fee of up to $10 charged by the clerk for processing a concealed handgun permit application or issuing a permit. The bill increases from $10 to $20 the maximum amount, designated solely to fund courthouse and courtroom security, that a local governing body may assess against a convicted defendant as part of the costs in a criminal or traffic case in district or circuit court.
Last Action: Passed by indefinitely in Courts of Justice (10-Y 4-N)
Last Action Date: January 18, 2017
Title: Firearms; transfers to a non-licensed dealer.
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, at a firearms show with a voluntary background check, 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: Passed by indefinitely in Courts of Justice (12-Y 3-N)
Last Action Date: January 18, 2017
Title: Concealed handgun; eligibility to carry openly within Commonwealth.
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: Passed by indefinitely in Finance (16-Y 0-N)
Last Action Date: February 1, 2017
Title: Absentee voting; eligibility of persons whose polling place prohibits firearms.
Description: Absentee voting; eligibility of persons whose polling place prohibits firearms. Entitles any person who may otherwise lawfully carry a firearm to vote absentee if his polling place is located in a building or on property where such possession is prohibited by law or is prohibited by the owner of private property.
Last Action: Referred to Committee on Privileges and Elections
Last Action Date: January 13, 2017
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 until such warrant has been dissolved by a court 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 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: Failed to report (defeated) in Courts of Justice (5-Y 10-N)
Last Action Date: January 18, 2017
Title: Restricted firearm ammunition; use or attempted use in the commission of a crime, penalty.
Description: Restricted ammunition; use or attempted use in the commission of a crime; penalty. Provides that restricted firearms ammunition means any ammunition that has been banned or prohibited from commercial sale by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives or under federal law. Under current law, restricted firearms ammunition was defined as ammunition that are: (i) coated with or contain, in whole or in part, polytetrafluorethylene or a similar product, (ii) commonly known as "KTW" bullets or "French Arcanes," or (iii) any cartridges containing bullets coated with a plastic substance with other than lead or lead alloy cores, jacketed bullets with other than lead or lead alloy cores, or cartridges of which the bullet itself is wholly comprised of a metal or metal alloy other than lead.
Last Action: Left in Courts of Justice
Last Action Date: February 21, 2017
Title: Concealed handguns; permit holders' possession on property of public higher educational institution.
Description: Possession of concealed handguns; concealed handgun permit holders at public institutions of higher education. Allows any firefighter, person employed as search and rescue personnel, person employed as emergency medical services personnel, certified campus security officer, or student, employee, contractor, vendor, or faculty member of a public institution of higher education that participates in a Reserve Officers' Training Corps (ROTC) program who possesses a valid Virginia concealed handgun permit or a concealed handgun permit from another state that is recognized by Virginia to carry a concealed handgun on the property of, in buildings owned by, or at events hosted at public institutions of higher education.
Last Action: Passed by indefinitely in Courts of Justice (11-Y 4-N)
Last Action Date: January 23, 2017
Title: Firearms; prohibited at certain preschools and child day centers.
Description: Firearms on school property. Adds public, private, or religious preschools and child day centers that are not operated at the residence of the provider or of any of the children to the list of schools where possessing a firearm on school property or on a school bus is prohibited. Under current law, the list of such schools only includes public, private, or religious elementary, middle, or high schools.
Last Action: Passed by indefinitely in Finance (11-Y 5-N)
Last Action Date: January 31, 2017
Title: Firearms; restoration of rights of convicted felons.
Description: Restoration of firearm rights; convicted felons. Requires the court to find by clear and convincing evidence that a convicted felon, whose civil rights have been restored by the Governor or other appropriate authority, petitioning for a permit to possess or carry a firearm is not a risk to public safety and poses no present or future danger to himself or others prior to granting the petition and issuing the permit. Current law provides for a standard of good cause shown. The bill requires the court to conduct a hearing on such petition, where current law requires a hearing only if requested by the petitioner or the attorney for the Commonwealth.
Last Action: Failed to report (defeated) in Courts of Justice (3-Y 12-N)
Last Action Date: January 23, 2017
Title: Concealed handgun; retired conservation officers may carry.
Description: Carrying a concealed handgun; retired conservation officers. Adds conservation officers retired from the Department of Conservation and Recreation to the list of retired persons eligible to carry a concealed handgun without a permit. This bill is identical to HB 2308.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0243)
Last Action Date: February 23, 2017
Title: Antique firearms; possession by nonviolent felons.
Description: Possession of antique firearms; nonviolent felons. Permits nonviolent felons to possess, transport, and carry muzzle-loading firearms and black powder in a quantity not exceeding five pounds if it is intended to be used solely for sporting, recreational, or cultural purposes in muzzle-loading firearms.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0767)
Last Action Date: March 27, 2017