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: House of Delegates; amending and adopting Rules 82.
Description: Amending and readopting Rule 82 of the Rules of the House of Amending and readopting Rule 82 of the Rules of the House of Delegates, pertaining to restrictions on the admittance to the House gallery
Last Action: VOTE: REJECTED (48-Y 49-N)
Last Action Date: January 29, 2018
Title: Firearms; mechanical devices designed to increase rate of fire, penalty.
Description: Mechanical devices designed to increase the rate of fire of firearms; penalty. Prohibits the manufacture, import, sale or offer to sell, possession, transfer, or transportation of any device used to increase the rate of fire of any semi-automatic firearm beyond the capability of an unaided person to operate the trigger mechanism of that firearm. A violation is punishable as a Class 1 misdemeanor.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Firearms; reporting when lost or stolen.
Description: Reporting lost or stolen firearms; civil 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 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 civil penalty of $50 for a first offense and 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 the 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: Left in Courts of Justice
Last Action Date: February 12, 2018
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 13, 2018
Title: Concealed handgun permits; demonstration of competence.
Description: Concealed handgun permits; 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 13, 2018
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 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 13, 2018
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 of 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: February 13, 2018
Title: Firearms; use or display during commission of a felony, killing or injuring police animals.
Description: Use or display of firearm during commission of a felony; killing or injuring police animals; penalty. Adds maliciously shooting, stabbing, wounding, or otherwise causing bodily injury to or administering poison to any animal used or trained by a law-enforcement agency, regional jail, or the Department of Corrections to the list of felonies for which a separate penalty is prescribed if a firearm is used during the commission of the offense.
Last Action: Left in Courts of Justice
Last Action Date: February 15, 2018
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 guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; 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 Courts of Justice
Last Action Date: February 15, 2018
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 13, 2018
Title: Firearms; civil liability for sale or transfer, background check.
Description: Civil liability for sale or transfer of a firearm; background check. Provides that a person is 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 13, 2018
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 to possess such firearms.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
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 13, 2018
Title: Felons; 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. The bill has a delayed effective date of July 1, 2019.
Last Action: Failed to pass
Last Action Date: March 10, 2018
Title: Firearms; possession and transport following certain convictions, penalty.
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: February 15, 2018
Title: Concealed handgun permits, out-of-state; reciprocity.
Description: Out-of-state concealed handgun permits; reciprocity. Eliminates the recent expansion of the recognition of concealed handgun permits issued by other states and reinstates the prior law that provides that Virginia will recognize concealed handgun permits issued by other 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 reinstates the recognition of certain Maryland concealed handgun permits and eliminates the requirement that the Superintendent of State Police 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: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Firearm magazines; prohibition of sale, transfer, etc., fine.
Description: Prohibition of sale, transfer, etc., of certain firearms magazines; fine. Provides that any person, corporation, or other entity that manufactures, imports, possesses, purchases, sells, or transfers any large capacity magazine shall be subject to a $500 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: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Firearms; mechanical devices designed to increase the rate of fire, penalty.
Description: Mechanical devices designed to increase the rate of fire of firearms; penalty. Prohibits the manufacture, import, sale or offer to sell, possession, transfer, or transportation of any device used to increase the rate of fire of any semi-automatic firearm beyond the capability of an unaided person to operate the trigger mechanism of that firearm. A violation is punishable as a Class 3 misdemeanor.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Concealed handgun permits; demonstration of competence.
Description: Concealed handgun permits; 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 13, 2018
Title: Concealed handgun permits, nonresident; fee.
Description: Nonresident concealed handgun permits; fee. Increases from $100 to $150 the maximum fee that can be charged by the Department of State Police for issuing a nonresident concealed handgun permit.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Alcoholic beverage control; possession or consumption of alcoholic beverages by interdicted persons.
Description: Alcoholic beverage control; interdiction; possession or consumption of alcoholic beverages by interdicted persons; repeal. Repeals provisions allowing for a court to enter an order of interdiction prohibiting the sale of alcoholic beverages to any person who has (i) been convicted of driving any automobile, truck, motorcycle, engine, or train while intoxicated; (ii) shown himself to be a habitual drunkard; (iii) been found guilty of the illegal manufacture, possession, transportation, or sale of alcoholic beverages; or (iv) been found guilty of maintaining a common nuisance. The bill also repeals the provisions making it a Class 1 misdemeanor for (a) any person to sell alcoholic beverages to any individual when at the time of such sale he knows or has reason to believe that the individual to whom the sale is made is interdicted, (b) any person to purchase alcoholic beverages for another person when at the time of such purchase he knows or has reason to believe that the person for whom the alcoholic beverage is purchased is interdicted, or (c) any person who has been interdicted to possess any alcoholic beverages or be drunk in public. The bill contains technical amendments.
Last Action: Left in Courts of Justice
Last Action Date: February 15, 2018
Title: Firearms; purchase, possession, or transporting by fugitive.
Description: Purchase, possession, and transportation of firearms; fugitives; penalty. Provides that it is a Class 1 misdemeanor for any person who is a fugitive to purchase, possess, or transport a firearm. The bill also updates the criminal history record information check form to inquire if the applicant is a fugitive, as defined in the bill.
Last Action: Left in Courts of Justice
Last Action Date: February 15, 2018
Title: Transfer of multiple firearms; report to the Department of State Police.
Description: Transfer of multiple firearms; report to the Department of State Police. Requires any dealer who sells, trades, or transfers more than two firearms to an individual in a single transaction to report such transaction to the Department of State Police.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Firearms, certain; prohibited public carrying, 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 13, 2018
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 13, 2018
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) to possess a firearm while the order is in effect. Under current law, only a person subject to a permanent protective order for family abuse is prohibited from possessing a firearm while the order is in effect.
Last Action: Left in Courts of Justice
Last Action Date: February 15, 2018
Title: Nonresident concealed handgun permits; time of issuance.
Description: Nonresident concealed handgun permits; time of issuance. Requires the Department of State Police (Department) to issue a concealed handgun permit to a nonresident within 45 days of receipt of the nonresident's completed application unless it determines that he is disqualified. The bill provides that the Department shall certify the nonresident's application as a de facto concealed handgun permit, which is effective for a period of 90 days after issuance, if the Department has not issued the permit or determined that the nonresident is disqualified within that 45-day period.
Last Action: Left in Appropriations
Last Action Date: February 13, 2018
Title: Firearms; allowing access to children, penalty.
Description: Allowing access to firearms by children; penalty. Provides that any person who leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor.
Last Action: Left in Courts of Justice
Last Action Date: February 15, 2018
Title: Firearms; criminal history record information check on transferee, 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, defined in the bill, may transfer firearms at a gun show. A violation is a Class 6 felony. 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 13, 2018
Title: Firearms; purchase or transport, 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 Courts of Justice
Last Action Date: February 15, 2018
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 13, 2018
Title: Firearms; control by localities, lawful demonstrations and protests.
Description: Control of firearms by localities; lawful demonstrations and protests. Allows a locality to adopt an ordinance that prohibits the possession, carrying, transporting, or storing of any weapon, firearm, ammunition, or components or combination thereof within 1,000 feet of a demonstration, march, parade, protest, rally, or other similar event. Such an ordinance shall not apply to any law-enforcement officer, armed security officer, member of the Armed Forces of the United States, member of the Armed Forces Reserves, or member of the National Guard acting in the performance of his lawful duties.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Firearms; DCJS, et al., to develop guidance documents for petitions to restore rights.
Description: Department of Criminal Justice Services; guidance documents for petitions to restore firearms rights. Requires the Department of Criminal Justice Services, in consultation with the Office of the Secretary of the Commonwealth and the Office of the Executive Secretary of the Supreme Court of Virginia, to develop guidance documents for judges on handling petitions from convicted felons to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon.
Last Action: Left in Courts of Justice
Last Action Date: February 15, 2018
Title: Firearms; prohibits mechanical devices designed to increase rate of fire, penalty.
Description: Mechanical devices designed to increase the rate of fire of firearms; penalty. Prohibits the manufacture, import, sale or offer to sell, possession, transfer, or transportation of any device used to increase the rate of fire of any semi-automatic firearm beyond the capability of an unaided person to operate the trigger mechanism of that firearm. A violation is punishable as a Class 6 felony.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Landlord and tenant law; general provisions and Act.
Description: Landlord and tenant law. Removes remaining differences between general landlord and tenant provisions and the Virginia Residential Landlord and Tenant Act by conforming provisions pertaining to residential dwelling units in the following areas: (i) termination of a nonresidential tenancy by self-help eviction or by filing an unlawful detainer action; (ii) tenant obligations to maintain a dwelling unit; (iii) notice to the tenant in the event of foreclosure; (iv) wrongful failure to supply heat, water, hot water, or essential services; (v) prohibited provisions in the rental agreement; (vi) early termination of a rental agreement by military personnel; and (vii) remedies for the landlord's failure to deliver possession. The bill also makes the following changes to landlord and tenant law: (a) clarifies the lease termination process; (b) provides that if a tenant allows his renter's insurance to lapse, the landlord may provide coverage and require the tenant to pay the premium; (c) establishes protection for landlords who provide tenant information to a federal census official; (d) authorizes a landlord or property manager to appear in court to seek final rent and damages related to a dwelling unit; and (e) clarifies remedies for a tenant's failure to prepare the dwelling unit for insecticide or pesticide applications.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0221)
Last Action Date: March 9, 2018
Title: Switchblade knife; person who has a valid concealed handgun permit authorized to carry, etc.
Description: Carrying a switchblade knife; exception. Authorizes any person who has a valid concealed handgun permit 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.
Last Action: Left in Courts of Justice
Last Action Date: February 15, 2018
Title: Firearms magazines and firearms, certain; prohibition of sale, transfer, etc., penalties.
Description: Prohibition of sale, transfer, etc., of certain firearms magazines and firearms; penalties. Prohibits any person from importing, selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 6 felony. 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 also increases from a Class 1 misdemeanor to a Class 6 felony the penalty for carrying a semi-automatic center-fire firearm and a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place. The bill redefines "assault firearm" by reducing from more than 20 to more than 10 the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" and prohibits a dealer from selling, renting, trading, or transferring from his inventory such an assault firearm to any person. The bill also reduces from more than 20 to more than 10 the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" for purposes of possession or transportation by a person younger than 18 years of age and increases the penalty from a Class 1 misdemeanor to a Class 6 felony for a person younger than 18 years of age to possess or transport a handgun, an assault firearm, or a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered, with some exceptions.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Firearms; possession in legislative buildings.
Description: Possession of firearms in legislative buildings. Prohibits the possession of firearms in the Capitol and any building used predominately for the conduct of the business of the General Assembly. The prohibition does not apply to officers, employees, or members of the General Assembly or to law-enforcement officers.
Last Action: Passed by indefinitely in Rules (11-Y 4-N)
Last Action Date: January 26, 2018
Title: Licensed family day homes; storage of firearms.
Description: Licensed family day homes; storage of firearms. Requires that firearms, other weapons, and ammunition in a licensed family day home be stored in a locked closet, cabinet, or container during the family day home's hours of operation unless they are being lawfully carried on an individual's person. The bill requires that such firearms and weapons be stored unloaded and apart from ammunition and that the key or combination to such locked storage places be maintained out of reach of all children in the family day home.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Firearms; transfer, criminal history record check delay.
Description: Transfer of firearms; criminal history record check delay; penalty. 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 13, 2018
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 13, 2018
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 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 13, 2018
Title: Firearms, certain; prohibited public carrying, penalty.
Description: Prohibited public carrying of certain firearms; penalty. Adds the City of Charlottesville and the County of Albemarle to the list of localities in which it is prohibited to carry 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.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Firearms, etc.; permitted events.
Description: Control of firearms; permitted events. Authorizes any locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in a public space during a permitted event, or an event that would otherwise require a permit. This bill contains technical amendments.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Firearms; control by localities, lawful demonstrations and protests.
Description: Control of firearms by localities; lawful demonstrations and protests. Allows a locality to adopt an ordinance that prohibits the possession or transportation of firearms, ammunition, or components or a combination thereof during a demonstration, march, parade, protest, rally, or other similar event. Such an ordinance shall not apply to any law-enforcement officer, armed security officer, member of the Armed Forces of the United States, member of the Armed Forces Reserves, or member of the National Guard acting in the performance of his lawful duties.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Firearms, stolen; creates and enhances penalties.
Description: Stolen firearms; penalties. Creates or enhances penalties for crimes related to larceny of a firearm or use of a stolen firearm during the commission of a felony. The bill provides that it is (i) a Class 3 felony with a five-year mandatory minimum sentence to commit larceny of a firearm with the intent to sell or distribute and (ii) a Class 5 felony with a two-year mandatory minimum sentence to sell or distribute, attempt to sell or distribute, or possess with the intent to sell or distribute a stolen firearm. The bill adds a one-year mandatory minimum sentence to the crime of receiving a stolen firearm, which is a Class 6 felony. Finally, the bill increases the mandatory minimum sentences for possession of a firearm during the commission of a felony, if such firearm was stolen, from three years to five years for a first offense and from five years to 10 years for a second or subsequent offense.
Last Action: Left in Courts of Justice
Last Action Date: February 15, 2018
Title: Involuntary admission order; person may not possess, purchase or transport firearms.
Description: Appeal of involuntary admission order; possession of firearms. Provides that a person who is involuntarily admitted or ordered to mandatory outpatient treatment may not purchase, possess, or transport a firearm until his right to do so is restored by a court regardless of the outcome of any appeal of that order.
Last Action: Left in Courts of Justice
Last Action Date: February 15, 2018
Title: Handguns; transfer 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 13, 2018
Title: Firearms magazines, certain; prohibition of sale, transfer, etc., fine.
Description: Prohibition of sale, transfer, etc., of certain firearms magazines; fine. Provides that any person, corporation, or other entity that manufactures, imports, possesses, purchases, sells, or transfers any large capacity magazine shall be subject to a $250 fine. The bill provides 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: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
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 13, 2018
Title: Pneumatic guns; Class 6 felony to possess on school property, etc.
Description: Pneumatic guns on school property; penalty. Makes it a Class 6 felony to possess a pneumatic gun, i.e., a gun that will expel a BB or a pellet by action of pneumatic pressure, on school property, property being used exclusively for school-sponsored functions or extracurricular activities, or a school bus.
Last Action: Left in Courts of Justice
Last Action Date: February 15, 2018
Title: Protective orders; issuance upon convictions for certain felonies, penalty.
Description: Protective orders; issuance upon convictions for certain felonies; penalty. Authorizes a court to issue a protective order upon convicting a defendant for a felony offense of (i) violating a protective order, (ii) homicide set forth in Article 1 (§18.2-30 et seq.) of Chapter 4 of Title 18.2, (iii) kidnapping set forth in Article 3 (§18.2-47 et seq.) of Chapter 4 of Title 18.2, (iv) assaults and bodily woundings set forth in Article 4 (§18.2-51 et seq.) of Chapter 4 of Title 18.2, (v) extortion set forth in Article 6 (§18.2-59 et seq.) of Chapter 4 of Title 18.2, or (vi) criminal sexual assault set forth in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2. The bill provides that the duration of such protective order can be for any period of time, including up to the lifetime of the defendant, that the court deems necessary to protect the health and safety of the victim and may only prohibit (a) acts of family abuse or of violence, force, or threat against the victim or criminal offenses that may result in injury to the person or property of the victim and (b) such contacts by the defendant with the victim as the court deems necessary for the health or safety of the victim. The bill provides that a violation of a protective order issued upon conviction of one of the enumerated offenses is punishable as contempt of court or in the same manner as criminal violations of other protective orders are punished.
Last Action: Left in Courts of Justice
Last Action Date: February 15, 2018
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 directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill exempts transfers (i) between immediate family members, (ii) that occur by operation of law, (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust, and (iv) that are temporary and 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. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm may be transferred.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Concealed handguns; disqualifications for permit, adjudications of delinquency.
Description: Disqualifications for a concealed handgun permit; adjudications of delinquency. Provides that an individual is not disqualified from obtaining a concealed handgun permit on the basis of prior convictions or adjudications of delinquency if the individual's right to possess a firearm has been restored. The bill also reduces the length of time a conviction or adjudication of delinquency serves as a disqualifier for a concealed handgun permit from 16 years to 10 years.
Last Action: Left in Courts of Justice
Last Action Date: February 15, 2018
Title: Firearms show; list of vendors or exhibitors submitted to State Police.
Description: Firearms show; list of vendors or exhibitors. Requires a promoter of a firearms show to include in his list of vendors or exhibitors submitted to State Police information regarding whether a vendor or exhibitor was selling or transferring a firearm and, if applicable, the vendor or exhibitor's dealer identification number.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Concealed handgun permit; new application via mail.
Description: Application for a concealed handgun permit. Allows a Virginia resident or domiciliary to submit an application for a new concealed handgun permit via mail. Currently, only persons who have previously been issued a concealed handgun permit may submit an application via mail.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Concealed handguns; retired law-enforcement officers may carry without a permit, etc.
Description: Carrying concealed handguns; retired law-enforcement officers. Provides that a law-enforcement officer who is eligible for retirement with at least 20 years of service who transfers to a civilian position within his employing law-enforcement agency may carry a concealed handgun without a permit, provided that such person carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the agency. Current law allows such law-enforcement officer to carry a concealed handgun without a permit only if he has resigned to accept a position covered by a retirement system authorized under Title 51.1 of the Code of Virginia.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 13, 2018
Title: Firearms; possession, etc., following convictions for certain misdemeanor crimes, penalty.
Description: Possession or transportation of firearms following convictions for certain misdemeanor crimes; restoration of rights; penalty. Prohibits a person who has been convicted of stalking, sexual battery, assault and battery of a family or household member, brandishing a firearm, or two or more convictions of assault and battery from possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crimes may petition the circuit court for a reinstatement of his right to possess or transport a firearm.
Last Action: Left in Courts of Justice
Last Action Date: February 15, 2018
Title: Firearms; reporting when lost or stolen, civil penalty.
Description: Reporting lost or stolen firearms; civil 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 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 civil penalty of $50 for a first offense and 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 the 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: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties.
Description: Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or any law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. If an emergency substantial risk order is issued, a judge or magistrate may issue a warrant to remove firearms from such person. An emergency substantial risk warrant shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the person subject to the order resides within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; 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 4 felony.
Last Action: Left in Militia, Police and Public Safety
Last Action Date: February 5, 2019
Title: Firearms; mechanical devices designed to increase rate of fire, penalty.
Description: Mechanical devices designed to increase the rate of fire of firearms; penalty. Prohibits the manufacture, import, sale or offer to sell, possession, transfer, or transportation of any device used to increase the rate of fire of any semi-automatic firearm beyond the capability of an unaided person to operate the trigger mechanism of that firearm. A violation is punishable as a Class 1 misdemeanor.
Last Action: Passed by indefinitely in Finance (10-Y 6-N)
Last Action Date: January 31, 2018
Title: Firearms; carrying loaded in public place, etc.
Description: Firearms; alcohol; penalties. Provides that it is a Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person 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 of such act is ineligible to apply for a concealed handgun permit for a period of five years. Current law provides that such
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 9-N)
Last Action Date: January 15, 2018
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: Incorporates SB447 (Surovell)
Last Action Date: January 15, 2018
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: Continued to 2019 in Finance (13-Y 2-N)
Last Action Date: February 7, 2018
Title: Firearms; control of possession, etc., by localities at lawful demonstrations and protests.
Description: Control of firearms by localities; lawful demonstrations and protests. Allows a locality to adopt an ordinance that prohibits the possession or transportation of firearms, ammunition, or components or a combination thereof, during a demonstration, march, parade, protest, rally, or other similar event. Such an ordinance shall not apply to any law-enforcement officer, armed security officer, member of the Armed Forces of the United States, member of the Armed Forces Reserves, or member of the National Guard acting in the performance of his lawful duties or to any person having a valid concealed handgun permit.
Last Action: Incorporated by Courts of Justice
Last Action Date: January 15, 2018
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, 2018
Title: Marijuana; decriminalization of simple possession, civil penalty.
Description: Marijuana; decriminalization of simple marijuana Marijuana; decriminalization of simple marijuana possession. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $50 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that the suspended sentence/substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations or to civil violations by a juvenile. The bill provides that a court may suspend a driver's license for a civil violation committed by an adult. A civil violation will be treated as a conviction for prohibitions on the purchase or transport of a handgun and
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 9-N)
Last Action Date: January 29, 2018
Title: Firearms; mechanical devices designed to increase rate of fire, penalty.
Description: Mechanical devices designed to increase the rate of fire of firearms; penalty. Prohibits the manufacture, import, sale or offer to sell, possession, transfer, or transportation of any device used to increase the rate of fire of any semi-automatic firearm beyond the capability of an unaided person to operate the trigger mechanism of that firearm. A violation is punishable as a Class 1 misdemeanor.
Last Action: Incorporated by Courts of Justice
Last Action Date: January 15, 2018
Title: Firearms; reporting when lost or stolen.
Description: Reporting lost or stolen firearms; civil 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 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 civil penalty of $50 for a first offense and 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 the 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 15, 2018
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: Incorporated by Courts of Justice
Last Action Date: January 15, 2018
Title: Firearms; 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 that notice of such prohibition is publicly posted and the meeting room is owned or operated by the locality.
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 9-N)
Last Action Date: January 17, 2018
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: Stricken at the request of Patron in Courts of Justice (15-Y 0-N)
Last Action Date: January 15, 2018
Title: Concealed handguns; renewal of permits, notice of expiration.
Description: Renewal of concealed handgun permits; notice. Requires the clerk of the court that issued a concealed handgun permit to notify the permit holder, at least 90 days prior to the expiration date, of the expiration date of the permit. Such notification shall be provided by first-class mail unless the clerk provides an electronic notification to the permit holder. Current law provides that if the clerk has an electronic system for the application and issuance of concealed handgun permits and such system has the capability of sending electronic notices to a permit holder, then such expiration notices shall be sent electronically.
Last Action: Left in Courts of Justice
Last Action Date: November 30, 2018
Title: Concealed handguns; renewal of permits, notice of expiration.
Description: Renewal of concealed handgun permits; notice. Requires the clerk of the court that issued a concealed handgun permit to notify the permit holder, at least 90 days prior to the expiration date, of the expiration date of the permit. Such notification shall be provided by first-class mail unless the clerk provides an electronic notification to the permit holder. Current law provides that if the clerk has an electronic system for the application and issuance of concealed handgun permits and such system has the capability of sending electronic notices to a permit holder, then such expiration notices shall be sent electronically.
Last Action: Continued to 2019 in Courts of Justice (15-Y 0-N)
Last Action Date: January 15, 2018
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 guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; 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 (6-Y 9-N)
Last Action Date: January 15, 2018
Title: Firearms; reporting when lost or stolen.
Description: Reporting lost or stolen firearms; civil 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 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 civil penalty of $50 for a first offense and 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 the 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: Incorporated by Courts of Justice
Last Action Date: January 15, 2018
Title: Firearms; certain persons allowed to carry into courthouses.
Description: Firearms in courthouses. Allows a person who may lawfully possess a firearm or ammunition for a firearm to carry a firearm or ammunition for a firearm into an area courthouse that is being used exclusively for purposes other than judicial proceedings outside of the courthouse's normal hours of operation.
Last Action: Passed by indefinitely in Courts of Justice (12-Y 1-N)
Last Action Date: January 17, 2018
Title: Concealed handgun permit; extends expiration date.
Description: Concealed handgun permit; expiration date. Extends from five to 15 years the validity of a concealed handgun permit.
Last Action: Continued to 2019 in Finance (13-Y 2-N)
Last Action Date: February 7, 2018
Title: Firearms in locked vehicles; immunity from liability.
Description: Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may (i) prohibit a person who lawfully possesses a firearm from storing that firearm or ammunition for a firearm in a locked motor vehicle, (ii) take any adverse employment action against an employee or contractor for lawfully storing a firearm or ammunition for a firearm in a locked motor vehicle, or (iii) search an employee's or contractor's motor vehicle or require that an employee or contractor consent to such a search as a condition of employment. The bill allows a person to petition a circuit court for an injunction to enforce his right to lawfully store a firearm or ammunition for a firearm in a locked motor vehicle. The bill provides immunity for any person, property owner, tenant, employer, or business owner in a civil action for any occurrence resulting from the use of a lawfully stored firearm or ammunition for a firearm. The provisions of the bill do not apply to (a) property owned or controlled by the federal government, (b) vehicles on property controlled by an employer required to develop and implement a security plan under federal law or regulation, (c) property on which a person is prohibited by law from possessing a firearm, (d) vehicles owned or leased by an employer or business entity and used by an employee or contractor in the course of his employment, or (e) personal vehicles while such vehicles are being used for the transport of consumers of programs licensed by the Department of Behavioral Health and Developmental Services.
Last Action: Continued to 2019 in Courts of Justice (13-Y 1-N)
Last Action Date: January 17, 2018
Title: Firearms, etc.; permitted events.
Description: Control of firearms; permitted events. Authorizes any locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in a public space during a permitted event, or an event that would otherwise require a permit. This bill contains technical amendments.
Last Action: Incorporates SB63 (Favola)
Last Action Date: January 15, 2018
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: Failed to report (defeated) in Courts of Justice (4-Y 11-N)
Last Action Date: January 17, 2018
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 directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill exempts transfers (i) between immediate family members, (ii) that occur by operation of law, (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust, and (iv) that are temporary and 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. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm may be transferred.
Last Action: Incorporated by Courts of Justice
Last Action Date: January 15, 2018
Title: Firearms, transfer of; criminal history record information check, penalties.
Description: Transfer of firearms; criminal history record information check; penalties. Requires that a criminal history record information check be performed on the prospective transferee before a vendor, defined in the bill, may transfer firearms at a gun show. A violation is a Class 6 felony. 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: Incorporated by Courts of Justice
Last Action Date: January 15, 2018
Title: Firearms; reporting when lost or stolen, civil penalty.
Description: Reporting lost or stolen firearms; civil 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 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 civil penalty of $250 for a first offense and not less than $250 or more than $1,000 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 the 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: Incorporated by Courts of Justice
Last Action Date: January 15, 2018
Title: Convicted felons; restoration of firearms rights.
Description: Restoration of firearms rights; convicted felons. Requires the court to find by clear and convincing evidence that a person convicted of a violent felony, whose civil rights have been restored by the Governor or other appropriate authority, who has petitioned 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.
Last Action: Passed by indefinitely in Courts of Justice (12-Y 2-N)
Last Action Date: January 17, 2018
Title: Firearms; allowing access to children, penalty.
Description: Allowing access to firearms by children; penalty. Provides that any person who leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor.
Last Action: Passed by indefinitely in Courts of Justice (9-Y 6-N)
Last Action Date: January 17, 2018
Title: Firearms; transfers, etc., 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, including between immediate family members, by operation of law, at a firearms show with a background check, at a shooting range, at voluntary gun buyback programs, transfers of antique firearms, and when the transfer is temporary and (i) is necessary to prevent imminent death or great bodily harm or (ii) occurs while in the continuous presence of the owner of the firearm.
Last Action: Incorporated by Courts of Justice
Last Action Date: January 15, 2018
Title: Higher educational institutions, public; valid concealed handgun permit holders.
Description: Possession of concealed handguns; concealed handgun permit holders at public institutions of higher education. Allows any person 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. The bill provides an exception that may prohibit firearms in facilities operated by the Department of Behavioral Health and Developmental Services or a campus police department of a public institution of higher education if such facilities are located on the property of or in buildings owned by a public institution of higher education.
Last Action: Passed by indefinitely in Courts of Justice (8-Y 6-N)
Last Action Date: January 17, 2018
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.
Last Action: Stricken at the request of Patron in Courts of Justice (15-Y 0-N)
Last Action Date: January 15, 2018
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.
Last Action: Stricken at the request of Patron in Courts of Justice (15-Y 0-N)
Last Action Date: January 15, 2018
Title: Firearms; purchase, etc., by persons admitted to an inpatient mental health facility.
Description: Purchase, possession, or transportation of firearms by persons voluntarily admitted to an inpatient mental health facility; penalty. Prohibits a person voluntarily admitted to a state hospital or mental health facility for inpatient treatment from purchasing, possessing, or transporting a firearm while receiving inpatient treatment and for two weeks following the date on which he is discharged from inpatient treatment. The bill requires the state hospital or mental health facility to notify the person seeking admission of such prohibition, to receive written consent from the person seeking admission to have his firearm rights temporarily revoked, and to disclose information regarding his admission to treatment to the State Police for entry in the Central Criminal Records Exchange prior to admitting such person for treatment.
Last Action: Stricken at the request of Patron in Courts of Justice (15-Y 0-N)
Last Action Date: January 15, 2018
Title: Firearms, certain; prohibited public carrying, penalty.
Description: Prohibition on carrying of certain firearms in public places; County of Albemarle and City of Charlottesville; penalty. Adds the County of Albemarle and the City of Charlottesville to the list of localities in which it is unlawful for a person to carry certain firearms in public places.
Last Action: Failed to report (defeated) in Courts of Justice (7-Y 8-N)
Last Action Date: January 15, 2018
Title: Firearms; localities regulation 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. The bill also 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 a park or recreation area owned or used by such locality for governmental purposes, provided that at each public entrance to such park or recreation area there is (i) at least one law-enforcement officer or armed security officer; (ii) at least one metal detection device; and (iii) an inspection area where each person that enters the park or recreation area may have any bag, package, or other container that he is carrying inspected by a law-enforcement officer or armed security officer. 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: Failed to report (defeated) in Courts of Justice (6-Y 9-N)
Last Action Date: January 15, 2018
Title: Involuntary mental health treatment; minors, access to firearms.
Description: Involuntary mental health treatment; minors; access to firearms. Provides that a person who, while a minor 14 years of age or older, was ordered to involuntary inpatient or outpatient treatment or was subject to a temporary detention order and agreed to voluntary admission (i) is subject to the same restrictions on possessing, purchasing, or transporting a firearm as an adult who was similarly ordered to involuntary treatment or was subject to a temporary detention order and agreed to voluntary admission and (ii) may utilize the same procedure as such adult for petitioning for the restoration of such person's firearm rights. The bill also sets out procedures for the submission of any involuntary treatment order or certification of voluntary admission subsequent to a temporary detention order involving a minor 14 years of age or older to the Central Criminal Records Exchange for purposes of determining a person's eligibility to possess, purchase, or transport a firearm that mirror the current procedures for the submission of such orders or certifications for adults. The bill contains an emergency clause.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0846)
Last Action Date: April 18, 2018
Title: Firearms; mechanical devices designed to increase rate of fire, penalty.
Description: Mechanical devices designed to increase the rate of fire of firearms; penalty. Prohibits the manufacture, import, sale or offer to sell, possession, transfer, or transportation of any device used to increase the rate of fire of any semi-automatic firearm beyond the capability of an unaided person to operate the trigger mechanism of that firearm. A violation is punishable as a Class 1 misdemeanor.
Last Action: Incorporated by Courts of Justice
Last Action Date: January 15, 2018
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 the private property.
Last Action: Continued to 2019 in Privileges and Elections (13-Y 0-N)
Last Action Date: January 30, 2018
Title: Firefighters and emergency medical services providers; carrying a concealed handgun.
Description: Carrying a concealed handgun; firefighters and emergency medical services providers. Provides that any firefighter or person employed as emergency medical services personnel may carry a concealed handgun while engaged in the performance of his official duties, provided that such firefighter or person employed as emergency medical services personnel has been approved to carry a concealed handgun by his fire chief or emergency medical services chief. The bill requires the Department of Criminal Justice Services, in consultation with the Office of Emergency Medical Services of the Department of Health and the Department of Fire Programs, to develop a model policy regarding carrying a concealed handgun for firefighters and emergency medical services personnel.
Last Action: VOTE: DEFEATED (35-Y 62-N)
Last Action Date: March 7, 2018
Title: Firearms; possession, etc., following convictions for certain misdemeanor crimes, penalty.
Description: Possession or transportation of firearms following convictions for certain misdemeanor crimes; restoration of rights; penalty. Prohibits a person who has been convicted of stalking, sexual battery, assault and battery of a family or household member, brandishing a firearm, or two or more convictions of assault and battery from possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crimes may petition the circuit court for a reinstatement of his right to possess or transport a firearm.
Last Action: Passed by indefinitely in Courts of Justice (8-Y 7-N)
Last Action Date: January 15, 2018
Title: Firearms magazines and firearms, certain; prohibition of sale, transfer, etc., penalties.
Description: Prohibition of sale, transfer, etc., of certain firearms magazines and firearms; penalties. Prohibits any person from importing, selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 6 felony. 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 also increases from a Class 1 misdemeanor to a Class 6 felony the penalty for carrying a semi-automatic center-fire firearm and a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place. The bill redefines "assault firearm" by reducing from more than 20 to more than 10 the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" and prohibits a dealer from selling, renting, trading, or transferring from his inventory such an assault firearm to any person. The bill also reduces from more than 20 to more than 10 the number of rounds of ammunition that a firearms magazine will hold in order to be defined as an "assault firearm" for purposes of possession or transportation by a person younger than 18 years of age and increases the penalty from a Class 1 misdemeanor to a Class 6 felony for a person younger than 18 years of age to possess or transport a handgun, an assault firearm, or a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered, with some exceptions.
Last Action: Stricken at the request of Patron in Courts of Justice (15-Y 0-N)
Last Action Date: January 17, 2018
Title: Firearms; DCJS, et al., to develop guidance documents for petitions to restore rights.
Description: Department of Criminal Justice Services; guidance documents for petitions to restore firearms rights. Requires the Department of Criminal Justice Services, in consultation with the Office of the Secretary of the Commonwealth and the Office of the Executive Secretary of the Supreme Court of Virginia, to develop guidance documents for judges on handling petitions from convicted felons to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon.
Last Action: Passed by indefinitely in Courts of Justice (10-Y 5-N)
Last Action Date: January 31, 2018
Title: Firearms magazines, certain; selling, etc., magazines designed to hold more than 10.
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 that will hold 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 is loaded and will hold more than 20 rounds of ammunition. The bill redefines "assault firearm" by reducing the threshold number of rounds of ammunition that the magazine will hold from more than 20 to more than 10 and prohibits dealers from transferring an assault firearm to any person. The bill reduces from more than 20 to more than 10 the number of rounds of ammunition in an assault firearm at which it is unlawful for a person younger than 18 years of age to possess such assault firearm.
Last Action: Passed by indefinitely in Courts of Justice (9-Y 6-N)
Last Action Date: January 15, 2018
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 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.
Last Action: Passed by indefinitely in Finance (11-Y 5-N)
Last Action Date: January 31, 2018
Title: Protective orders; possession of firearms, surrender or transfer of firearms.
Description: Protective orders; possession of firearms; surrender or transfer of firearms. Provides that a court shall order a person subject to a protective order to (i) surrender any firearm possessed by such person to the local law-enforcement agency of the county or city where such person resides or to sell or transfer any firearms possessed by such person to a firearms dealer within 24 hours after being served with a protective order or (ii) certify in writing that such person does not possess any firearms and file such certification with the clerk of the court that entered the protective order within three days after being served with a protective order. The bill also provides that within 48 hours after surrendering or selling or transferring all firearms, such person shall certify in writing that all firearms possessed by such person have either been surrendered or sold or transferred and file such certification with the clerk of the court that entered the protective order.
Last Action: Passed by indefinitely in Courts of Justice with letter (15-Y 0-N)
Last Action Date: January 17, 2018
Title: Law-enforcement officers, retired; carrying a concealed handgun, return to work.
Description: Retired law-enforcement officers; carrying a concealed handgun; return to work. Clarifies that a retired law-enforcement officer shall surrender his proof of consultation to carry a concealed handgun when he returns to work as a law-enforcement officer. Current law does not specify that his return to work be as a law-enforcement officer.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0669)
Last Action Date: March 30, 2018
Title: Paramilitary activities; penalty.
Description: Paramilitary activities; penalty. Provides that a person is guilty of unlawful paramilitary activity if such person assembles with another person with the intent of intimidating any person or group of persons by drilling, parading, or marching with any firearm or explosive or incendiary device or any components or combination thereof. Such unlawful paramilitary activity is punishable as a Class 5 felony.
Last Action: Failed to report (defeated) in Courts of Justice (7-Y 8-N)
Last Action Date: January 29, 2018
Title: Early childhood care and education; development of a statewide unified public-private system.
Description: Superintendent of Public Instruction and Commissioner of Social Services; early childhood care and education. Requires the Superintendent of Public Instruction and the Commissioner of Social Services to (i) convene a stakeholder group to consider the development of a statewide unified public-private system for early childhood care and education in the Commonwealth and (ii) collaborate to develop a uniform quality rating and improvement system with required participation by publicly funded early childhood care and education programs and voluntary participation by privately funded providers.
Last Action: Left in Appropriations
Last Action Date: February 19, 2019
Title: Minors; allowing access to firearms, penalty.
Description: Allowing access to firearms by minors; penalty. Provides that any person who leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor. The bill contains technical amendments.
Last Action: Failed to report (defeated) in Courts of Justice (6-Y 8-N)
Last Action Date: January 16, 2019