Proposed Virginia Firearm Legislation
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Filter: Click on bill number for details. jump to upper chamber
note: Legislation carries over from even-numbered to odd-numbered years. When a bill is carried over, legislators have until early December to consider and vote on the legislation. All bills considered for carryover must have been in a committee at sine die, and addressed and passed by the committee by the December deadline.
Title: Marijuana; legalization of simple possession, penalties.
Description: Marijuana; legalization of simple marijuana possession; Marijuana; legalization of simple marijuana possession; penalties. Eliminates criminal penalties for possession of marijuana for persons who are 21 years of age or older. The bill also decriminalizes marijuana possession for persons under 21 years of age and provides a civil penalty of no more than $100 for possession of (i) two and one-half ounces or less of marijuana or (ii) 12 or fewer marijuana plants and a civil penalty of no more than $500 for possession of more than (a) two and one-half ounces of marijuana or (b) 12 marijuana plants. Under current law, a first offense is punishable by a maximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill also modifies several other criminal penalties related to marijuana. The bill establishes a regulatory scheme for the regulation of marijuana cultivation facilities, marijuana manufacturing facilities, marijuana secure transporters, marijuana testing facilities, retail marijuana stores, and marijuana microbusinesses by the Board of Agriculture and Consumer Services. The bill imposes an additional tax of 10 percent on retail marijuana and retail marijuana products sold by retail marijuana stores and microbusinesses and directs the first $20 million of such revenues, after expenses of the Board are paid, to the Veterans Treatment Fund, established in the bill. The remaining tax receipts will be distributed to the localities in which the businesses operate, toward the state's share of Standards of Quality basic aid payments, and to the Commonwealth Mass Transit Fund. The bill also expands the legal medical uses of marijuana and tetrahydrocannabinol from only cancer and glaucoma to any use to alleviate the symptoms of any diagnosed condition or disease determined by the prescribing doctor to benefit from the use of such substance.
Last Action: Left in Courts of Justice
Last Action Date: December 4, 2020
Title: Firearms and ammunition; imposes additional sales and use tax, use of proceeds.
Description: Additional state sales tax on firearms and ammunition; use of proceeds; Student Mental Health and Safety Fund and Program. Imposes an additional sales and use tax on the retail sale of firearms and ammunition. The amount of the tax shall be 10 percent minus the amount of tax imposed by all other sales and use taxes levied by the Commonwealth. Revenues from the tax shall be deposited in the Student Mental Health and Safety Fund (the Fund), which is established by the bill. In addition to the Fund, the bill creates the Student Mental Health and Safety Program (the Program). The Program and Fund shall provide grants on a competitive basis to public school divisions for the purpose of funding full-time school counselor positions at a ratio of 250:1 or better, school social worker positions at a ratio of 400:1 or better, and school psychologists at a ratio of 500:1 or better.
Last Action: Left in Finance
Last Action Date: December 4, 2020
Title: Assault firearms, certain firearm magazines, etc.; prohibiting sale, transport, etc., penalties.
Description: Prohibiting sale, transport, etc., of assault firearms, certain firearm magazines, silencers, and trigger activators; penalties. Expands the definition of "assault firearm" and prohibits any person from importing, selling, transferring, manufacturing, purchasing, or transporting an assault firearm. A violation is a Class 6 felony. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory an assault firearm to any person. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, possess, or transport silencers, and trigger activators, all defined in the bill. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, or transport a large-capacity firearm magazine, as defined in the bill, and a Class 1 misdemeanor to possess such large-capacity firearm magazine. Any person who legally owns a large-capacity firearm magazine, silencer, or trigger activator on July 1, 2020, may retain possession until January 1, 2021. During that time, such person shall (i) render the large-capacity firearm magazine, silencer, or trigger activator inoperable; (ii) remove the large-capacity firearm magazine, silencer, or trigger activator from the Commonwealth; (iii) transfer the large-capacity firearm magazine, silencer, or trigger activator to a person outside the Commonwealth who is not prohibited from possessing it; or (iv) surrender the large-capacity firearm magazine, silencer, or trigger activator to a state or local law-enforcement agency. Prohibiting sale, transport, etc., of assault firearms, certain firearm magazines, silencers, and trigger activators; penalties. Expands the definition of "assault firearm" and prohibits any person from importing, selling, transferring, manufacturing, purchasing, or transporting an assault firearm. A violation is a Class 6 felony. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory an assault firearm to any person. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, possess, or transport silencers, and trigger activators, all defined in the bill. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, or transport a large-capacity firearm magazine, as defined in the bill, and a Class 1 misdemeanor to possess such large-capacity firearm magazine. Any person who legally owns a large-capacity firearm magazine, silencer, or trigger activator on July 1, 2020, may retain possession until January 1, 2021. During that time, such person shall (i) render the large-capacity firearm magazine, silencer, or trigger activator inoperable; (ii) remove the large-capacity firearm magazine, silencer, or trigger activator from the Commonwealth; (iii) transfer the large-capacity firearm magazine, silencer, or trigger activator to a person outside the Commonwealth who is not prohibited from possessing it; or (iv) surrender the large-capacity firearm magazine, silencer, or trigger activator to a state or local law-enforcement agency.
Last Action: Left in Judiciary
Last Action Date: December 4, 2020
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, (iii) kidnapping, (iv) assaults and bodily woundings, (v) extortion, or (vi) criminal sexual assault. 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 a Class 1 misdemeanor.
Last Action: Left in Courts of Justice
Last Action Date: December 4, 2020
Title: Firearms; purchase, possession, etc., following certain convictions, penalty.
Description: Purchase, possession, or transportation of firearms following conviction for assault and battery of a family or household member; permit to restore rights; penalties. Prohibits a person who has been convicted of stalking, sexual battery, assault and battery of a family or household member, or assault and battery when the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color, or national origin from purchasing, 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 crime may petition the circuit court for a reinstatement of his right to possess or transport a firearm and the factors a court shall consider in determining such reinstatement.
Last Action: Left in Judiciary
Last Action Date: December 4, 2020
Title: Violence Intervention and Prevention Fund and Grant Program; established.
Description: Violence Intervention and Prevention Fund and Grant Program; firearm and ammunition tax. Establishes the Violence Intervention and Prevention Fund (the Fund), to be administered by the Department of Criminal Justice Services (the Department), to distribute grants to localities and organizations for the purpose of improving public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly homicides, shootings, and aggravated assaults. Funds may also be used to finance the hiring of counselors in public elementary and secondary schools and research initiatives that have the objective of reducing gun violence. The bill provides that the Department shall issue grants on a competitive basis. As a condition of receiving a grant, a locality or organization must commit a cash or in-kind contribution equivalent to the amount of the grant, with waivers allowed for good cause, and report on its progress toward achieving the grant's objectives. The bill requires the Department to provide public access to such reports. The bill imposes a 15 percent tax on the sale of any firearm or ammunition, with all revenue from the tax accruing to the Fund. Sales to state or local agencies or law-enforcement officers are exempt from the tax.
Last Action: Left in Finance
Last Action Date: December 4, 2020
Title: Firearm-free zones designated by the Commonwealth or a locality; waiver of sovereign immunity.
Description: Firearm-free zones designated by the Commonwealth or a locality; waiver of sovereign immunity. Provides that if (i) the Commonwealth designates any property owned by it as a firearm-free zone or (ii) any locality designates such locality or any part of such locality as a firearm-free zone, the Commonwealth or such locality waives its sovereign immunity as it relates to any injuries sustained by persons lawfully present in such firearm-free zone.
Last Action: Left in Courts of Justice
Last Action Date: February 5, 2021
Title: Carrying a concealed handgun; permit not required.
Description: Carrying a concealed handgun; permit not required. 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 Public Safety
Last Action Date: February 5, 2021
Title: Concealed handgun permit; local control of firearms.
Description: Local control of firearms; concealed handgun permit. Provides that any local ordinance that prohibits the possession, carrying, or transportation of any firearms, ammunition, or components or combination thereof on specified public property shall not apply to a person who has a valid concealed handgun permit.
Last Action: Left in Public Safety
Last Action Date: February 5, 2021
Title: Marijuana; legalization of cultivation, manufacture, sale, possession, and testing, penalties.
Description: Marijuana; legalization of cultivation, manufacture, sale, possession, and testing; penalties. Establishes a regulatory scheme for the regulation of marijuana cultivation facilities, marijuana manufacturing facilities, marijuana testing facilities, and retail marijuana stores by the Board of Agriculture and Consumer Services. The bill also grants localities the authority to enact ordinances establishing additional licensing requirements for marijuana establishments located within such locality and allows the home cultivation of marijuana for personal use under certain circumstances. The bill imposes a tax on retail marijuana and retail marijuana products sold by a retail marijuana store at a rate of 9.7 percent (for a total sales tax of 15 percent) and provides that 67 percent of the revenues collected from the tax be deposited into the general fund and 33 percent of the revenues be deposited into a "Retail Marijuana Education Support Fund" to be used solely for purposes of public education. Finally, the bill establishes several new criminal penalties related to marijuana, as well as modifies some existing criminal penalties.
Last Action: Incorporated by General Laws
Last Action Date: January 30, 2021
Title: School board property, certain; establishment of gun-free zone permitted.
Description: Certain school board property; establishment of gun-free zone permitted. Permits any school board to deem any non-school zone property that it owns or leases as a gun-free zone and prohibit any individual from knowingly possessing, purchasing, transferring, carrying, storing, or transporting firearms, ammunition, or components or combination thereof while such individual is upon such property, except certain individuals such as law-enforcement officers and qualified retired law-enforcement officers. Certain school board property; establishment of gun-free zone permitted. Permits any school board to deem any non-school zone property that it owns or leases as a gun-free zone and prohibit any individual from knowingly possessing, purchasing, transferring, carrying, storing, or transporting firearms, ammunition, or components or combination thereof while such individual is upon such property, except certain individuals such as law-enforcement officers and qualified retired law-enforcement officers.
Last Action: Continued to 2021 Sp. Sess. 1 in Education and Health (15-Y 0-N)
Last Action Date: February 5, 2021
Title: School board building or property, certain; establishment of gun-free zone permitted.
Description: Certain school board property; establishment of gun-free zone permitted. Permits any school board to deem any non-school zone building or property that it owns or leases where employees of such school board are regularly present for the purpose of performing their official duties as a gun-free zone and prohibit any individual from knowingly possessing, purchasing, transferring, carrying, storing, or transporting firearms, ammunition, or components or combination thereof while such individual is upon such property, except certain individuals such as law-enforcement officers and qualified retired law-enforcement officers. Certain school board property; establishment of gun-free zone permitted. Permits any school board to deem any non-school zone building or property that it owns or leases where employees of such school board are regularly present for the purpose of performing their official duties as a gun-free zone and prohibit any individual from knowingly possessing, purchasing, transferring, carrying, storing, or transporting firearms, ammunition, or components or combination thereof while such individual is upon such property, except certain individuals such as law-enforcement officers and qualified retired law-enforcement officers.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0439)
Last Action Date: March 30, 2021
Title: Firearms; purchase, etc., following conviction for assault and battery of a family member.
Description: Purchase, possession, or transportation of firearms following conviction for assault and battery of a family or household member; penalties. Prohibits a person who has been convicted of assault and battery of a family or household member, as defined in the bill, from purchasing, possessing, or transporting a firearm. The prohibition expires three years after the date of conviction, at which point the person's firearms rights are restored, unless he receives another disqualifying conviction. A person who violates the provisions of the bill is guilty of a Class 1 misdemeanor. Purchase, possession, or transportation of firearms following conviction for assault and battery of a family or household member; penalties. Prohibits a person who has been convicted of assault and battery of a family or household member, as defined in the bill, from purchasing, possessing, or transporting a firearm. The prohibition expires three years after the date of conviction, at which point the person's firearms rights are restored, unless he receives another disqualifying conviction. A person who violates the provisions of the bill is guilty of a Class 1 misdemeanor.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0555)
Last Action Date: April 15, 2021
Title: Firearms; purchase, etc., following conviction for assault and battery of a family member.
Description: Purchase, possession, or transportation of firearms following conviction for assault and battery of a family or household member; penalties. Prohibits a person who has been convicted of assault and battery of a family or household member, as defined in the bill, from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. Purchase, possession, or transportation of firearms following conviction for assault and battery of a family or household member; penalties. Prohibits a person who has been convicted of assault and battery of a family or household member, as defined in the bill, from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor.
Last Action: Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
Last Action Date: February 5, 2021
Title: Polling places; prohibited activities, unlawful possession of a firearm, penalty.
Description: Polling places; prohibited activities; unlawful possession of a firearm; penalty. Prohibits any person from knowingly possessing a firearm within 40 feet of any building, or part thereof, used as a polling place, including one hour before and one hour after its use as a polling place, except for (i) a qualified law-enforcement officer or retired law-enforcement officer, (ii) any person occupying his own private property that falls within 40 feet of the polling place, or (iii) a licensed armed security officer whose employment or performance of his duties occurs within 40 feet of the polling place. The bill further provides that no person shall knowingly possess a firearm within 40 feet of a meeting place for the local electoral board while the electoral board meets to ascertain the results of an election or any place used as the setting for a recount. A violation of the provisions of the bill is a Class 1 misdemeanor.
Last Action: Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
Last Action Date: February 5, 2021
Title: Polling places; prohibited activities, unlawful possession of a firearm, penalty.
Description: Polling places; prohibited activities; unlawful possession of a firearm; penalty. Prohibits any person from knowingly possessing a firearm within 40 feet of any building, or part thereof, used as a polling place, including one hour before and one hour after its use as a polling place, except for (i) a qualified law-enforcement officer or retired law-enforcement officer, (ii) any person occupying his own private property that falls within 40 feet of the polling place, or (iii) a licensed armed security officer whose employment or performance of his duties occurs within 40 feet of the polling place. The bill further provides that no person shall knowingly possess a firearm within 40 feet of a meeting place for the local electoral board while the electoral board meets to ascertain the results of an election or any place used as the setting for a recount. A violation of the provisions of the bill is a Class 1 misdemeanor.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0459)
Last Action Date: March 31, 2021
Title: Firearms; criminal history record information check delay increased to five days.
Description: Sale or transfer of firearms; criminal history record information check delay. Increases from three business days to five business days the time provided for the Department of State Police to complete a background check before a firearm may be transferred. If a dealer who has otherwise fulfilled all requirements is told by the State Police that a response will not be available by the end of the dealer's fifth business day, the dealer may complete the sale or transfer without being deemed in violation.
Last Action: Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
Last Action Date: February 5, 2021
Title: Firearms, certain; sale, etc., criminal history record information check delay increased to 5 days.
Description: Sale or transfer of firearms; criminal history record information check delay. Increases from three business days to five business days the time provided for the Department of State Police to complete a background check before a firearm may be transferred. If a dealer who has otherwise fulfilled all requirements is told by the State Police that a response will not be available by the end of the dealer's fifth business day, the dealer may complete the sale or transfer without being deemed in violation.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0031)
Last Action Date: February 25, 2021
Title: Plastic firearms and unfinished frames, etc.; manufacture, import, sale, transfer, etc., penalty.
Description: Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms; penalties. Creates a Class 5 felony for any person who manufactures, imports, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, as defined in the bill, is not detectable as a firearm by the types of detection devices, including X-ray machines, commonly used at airports for security screening. The bill updates language regarding the types of detection devices that are used at airports for detecting plastic firearms. Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms; penalties. Creates a Class 5 felony for any person who manufactures, imports, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, as defined in the bill, is not detectable as a firearm by the types of detection devices, including X-ray machines, commonly used at airports for security screening. The bill updates language regarding the types of detection devices that are used at airports for detecting plastic firearms. The bill also creates several Class 1 misdemeanors, which are punishable as a Class 4 felony for a second or subsequent offense, making it unlawful (i) for any person to possess, sell, offer to sell, transfer, purchase, transport, or receive an unfinished frame or receiver or firearm, unless the party possessing or receiving the unfinished frame or receiver or firearm is a federal firearms importer or manufacturer or the unfinished frame or receiver or firearm is imprinted with a serial number issued by a federal firearms importer or manufacturer and (ii) for any person to manufacture, cause to be manufactured, assemble, or cause to be assembled a firearm that is not imprinted with a serial number issued by a federal firearms importer or manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms. The bill creates exceptions for (i) any firearm that has been rendered permanently inoperable, (ii) an antique firearm, or (iii) any firearm or unfinished frame or receiver manufactured before October 22, 1968.
Last Action: Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
Last Action Date: February 5, 2021
Title: Plastic firearms and unfinished frames, etc.; manufacture, import, sale, transfer, etc., penalty.
Description: Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms; penalties. Creates a Class 5 felony for any person who manufactures, imports, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, as defined in the bill, is not detectable as a firearm by the types of detection devices, including X-ray machines, commonly used at airports for security screening. The bill updates language regarding the types of detection devices that are used at airports for detecting plastic firearms. Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms; penalties. Creates a Class 5 felony for any person who manufactures, imports, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, as defined in the bill, is not detectable as a firearm by the types of detection devices, including X-ray machines, commonly used at airports for security screening. The bill updates language regarding the types of detection devices that are used at airports for detecting plastic firearms. The bill also creates several Class 1 misdemeanors, which are punishable as a Class 4 felony for a second or subsequent offense, making it unlawful (i) for any person to possess, sell, offer to sell, transfer, purchase, transport, or receive an unfinished frame or receiver or firearm, unless the party possessing or receiving the unfinished frame or receiver or firearm is a federal firearms importer or manufacturer or the unfinished frame or receiver or firearm is imprinted with a serial number issued by a federal firearms importer or manufacturer and (ii) for any person to manufacture, cause to be manufactured, assemble, or cause to be assembled a firearm that is not imprinted with a serial number issued by a federal firearms importer or manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms. The bill creates exceptions for (a) any firearm that has been rendered permanently inoperable, (b) an antique firearm, or (c) any firearm or unfinished frame or receiver manufactured before October 22, 1968.
Last Action: Failed to pass
Last Action Date: March 1, 2021
Title: Firearms; certain persons exempted from purchasing one firearm per month.
Description: Transfer of certain firearms; exceptions. Adds to the list of those exempted from purchasing one firearm per month (i) any person with a valid permit to carry a concealed handgun recognized in the Commonwealth and (ii) retired law-enforcement officers.
Last Action: Left in Public Safety
Last Action Date: February 5, 2021
Title: Firearm; carrying within Capitol Square and the surrounding area, state-owned bldgs.
Description: Carrying a firearm within Capitol Square and the surrounding area, into building owned or leased by the Commonwealth, etc.; penalty. Makes it a Class 1 misdemeanor for a person to carry any firearm within (i) the Capitol of Virginia; (ii) Capitol Square and the surrounding area, as described in the bill; (iii) any building, parking lot, or parking structure owned or leased by the Commonwealth or any agency thereof; (iv) any building owned or leased by the Commonwealth where employees of the Commonwealth perform their official duties; or (v) any building where the General Assembly meets or conducts its business. The bill provides exceptions for law-enforcement officers, court officers, authorized security personnel, and active military personnel while in the conduct of such person's official duties; any retired law-enforcement officer who is visiting a gun range owned or leased by the Commonwealth; and any state employee of a state or juvenile correctional facility who is authorized to carry a firearm while in the conduct of such employee's official duties. The bill provides that an individual who lawfully possesses a firearm may keep such firearm in his locked vehicle in a parking lot or parking structure described in clause (iii) so long as the firearm is (a) secured, (b) not visible, and (c) in a container or compartment inside of the vehicle. The bill requires that notice of the provisions prohibiting the carrying of such firearms be posted at each of the public entrances to Capitol Square and such buildings, parking lots, and parking structures. The bill also provides that any firearm carried in violation of these provisions is subject to seizure by a law-enforcement officer and forfeiture to the Commonwealth. Carrying a firearm within Capitol Square and the surrounding area, into building owned or leased by the Commonwealth, etc.; penalty. Makes it a Class 1 misdemeanor for a person to carry any firearm within (i) the Capitol of Virginia; (ii) Capitol Square and the surrounding area, as described in the bill; (iii) any building, parking lot, or parking structure owned or leased by the Commonwealth or any agency thereof; (iv) any building owned or leased by the Commonwealth where employees of the Commonwealth perform their official duties; or (v) any building where the General Assembly meets or conducts its business. The bill provides exceptions for law-enforcement officers, court officers, authorized security personnel, and active military personnel while in the conduct of such person's official duties; any retired law-enforcement officer who is visiting a gun range owned or leased by the Commonwealth; and any state employee of a state or juvenile correctional facility who is authorized to carry a firearm while in the conduct of such employee's official duties. The bill provides that an individual who lawfully possesses a firearm may keep such firearm in his locked vehicle in a parking lot or parking structure described in clause (iii) so long as the firearm is (a) secured, (b) not visible, and (c) in a container or compartment inside of the vehicle. The bill requires that notice of the provisions prohibiting the carrying of such firearms be posted at each of the public entrances to Capitol Square and such buildings, parking lots, and parking structures. The bill also provides that any firearm carried in violation of these provisions is subject to seizure by a law-enforcement officer and forfeiture to the Commonwealth.
Last Action: Continued to 2021 Sp. Sess. 1 in Rules (15-Y 0-N)
Last Action Date: February 5, 2021
Title: Firearm; carrying within Capitol Square and the surrounding area, state-owned bldgs.
Description: Carrying a firearm or explosive material within Capitol Square and the surrounding area, into a building owned or leased by the Commonwealth, etc.; penalty. Makes it a Class 1 misdemeanor for a person to carry any firearm or explosive material within (i) the Capitol of Virginia; (ii) Capitol Square and the surrounding area; (iii) any building owned or leased by the Commonwealth or any agency thereof; or (iv) any office where employees of the Commonwealth or agency thereof are regularly present for the purpose of performing their official duties. The bill provides exceptions for the following individuals while acting in the conduct of such person's official duties: any law-enforcement officer, any authorized security personnel, any active military personnel, any fire marshal when such fire marshal has been granted police powers, or any member of a cadet corps while such member is participating in an official ceremonial event for the Commonwealth. The prohibitions of the bill that apply to any building owned or leased by the Commonwealth or any office where state employees are performing official duties do not apply to retired law-enforcement officials visiting a gun range owned or leased by the Commonwealth or any of the following while acting in the conduct of official duties: a bail bondsman, an employee of the Department of Corrections or a state juvenile correctional facility, an employee of the Department of Conservation and Recreation, or an employee of the Department of Wildlife Resources. Such prohibitions also do not apply to an individual carrying a weapon into a courthouse who is statutorily exempt, any property owned or operated by a public institution of higher education, any state park, or any magistrate acting in the conduct of the magistrate's official duties. The bill requires that notice of the provisions prohibiting the carrying of such firearms or explosive material be posted at each of the public entrances to Capitol Square and the other locations where such firearms and explosive material are prohibited in the bill. The bill provides that any firearm or explosive material carried in violation of these provisions is subject to seizure by a law-enforcement officer and forfeiture to the Commonwealth.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0548)
Last Action Date: April 7, 2021
Title: Muzzleloading rifle and shotgun; clarifies definitions.
Description: Muzzleloading rifle and shotgun; definitions. Removes the requirement that the propellant be loaded along with the projectile or projectiles in the definitions of muzzleloading rifle and muzzleloading shotgun.
Last Action: Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
Last Action Date: February 5, 2021
Title: Concealed handgun permits; demonstration of competence.
Description: Concealed handgun permits; demonstration of competence; emergency. Provides that any applicant for a concealed handgun permit who completed an online course to demonstrate competence with a handgun and contacted the circuit court clerk's office prior to January 1, 2021, but was prohibited from appearing in person at a circuit court clerk's office because of COVID-19 restrictions is eligible to apply for such permit through April 30, 2021. The bill contains an emergency clause. Concealed handgun permits; demonstration of competence; emergency. Provides that any applicant for a concealed handgun permit who completed an online course to demonstrate competence with a handgun and contacted the circuit court clerk's office prior to January 1, 2021, but was prohibited from appearing in person at a circuit court clerk's office because of COVID-19 restrictions is eligible to apply for such permit through April 30, 2021. The bill contains an emergency clause.
Last Action: Governor: Acts of Assembly Chapter text (CHAP0085)
Last Action Date: March 11, 2021
Title: Concealed handgun permits; demonstration of competence.
Description: Concealed handgun permits; demonstration of competence; emergency. Provides that any applicant for a concealed handgun permit who completed an online course to demonstrate competence with a handgun and contacted the circuit court clerk's office prior to January 1, 2021, but was prohibited from appearing in person at a circuit court clerk's office because of COVID-19 restrictions is eligible to apply for such permit through April 30, 2021. The bill contains an emergency clause. Concealed handgun permits; demonstration of competence; emergency. Provides that any applicant for a concealed handgun permit who completed an online course to demonstrate competence with a handgun and contacted the circuit court clerk's office prior to January 1, 2021, but was prohibited from appearing in person at a circuit court clerk's office because of COVID-19 restrictions is eligible to apply for such permit through April 30, 2021. The bill contains an emergency clause.
Last Action: Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
Last Action Date: February 5, 2021
Title: Firearms; access to certain persons in a shared dwelling, civil penalty.
Description: Access to firearms; cohabitants; civil penalty. Makes it unlawful for an individual residing or cohabitating with any person who such individual knows or has reason to believe is prohibited from possessing or transporting a firearm to allow such person access to any firearm. The bill requires such individual to store such firearm in a manner that is inaccessible to such co-resident. If an individual violates any provision of the bill and the co-resident uses such firearm during the commission of a crime, such individual will be subject to a civil penalty of not more than $500, except for any crime committed against such individual. The bill further provides that an individual who lawfully possesses a firearm is not in violation of the provisions of the bill if he carries the firearm on or about his person or exercises control of the firearm. Access to firearms; cohabitants; civil penalty. Makes it unlawful for an individual residing or cohabitating with any person who such individual knows or has reason to believe is prohibited from possessing or transporting a firearm to allow such person access to any firearm. The bill requires such individual to store such firearm in a manner that is inaccessible to such co-resident. If an individual violates any provision of the bill and the co-resident uses such firearm during the commission of a crime, such individual will be subject to a civil penalty of not more than $500, except for any crime committed against such individual. The bill further provides that an individual who lawfully possesses a firearm is not in violation of the provisions of the bill if he carries the firearm on or about his person or exercises control of the firearm.
Last Action: Passed by indefinitely in Judiciary (11-Y 4-N)
Last Action Date: February 17, 2021
Title: Firearms; access to certain persons in a shared dwelling, civil penalty.
Description: Access to firearms; cohabitants; civil penalty. Makes it unlawful for an individual residing or cohabitating with any person who such individual knows or has reason to believe is prohibited from possessing or transporting a firearm to allow such person access to any firearm. The bill requires such individual to store such firearm in a manner that is inaccessible to such co-resident. If an individual violates any provision of the bill and the co-resident uses such firearm during the commission of a crime, such individual will be subject to a civil penalty of not more than $500, except for any crime committed against such individual. The bill further provides that an individual who lawfully possesses a firearm is not in violation of the provisions of the bill if he carries the firearm on or about his person or exercises control of the firearm. Access to firearms; cohabitants; civil penalty. Makes it unlawful for an individual residing or cohabitating with any person who such individual knows or has reason to believe is prohibited from possessing or transporting a firearm to allow such person access to any firearm. The bill requires such individual to store such firearm in a manner that is inaccessible to such co-resident. If an individual violates any provision of the bill and the co-resident uses such firearm during the commission of a crime, such individual will be subject to a civil penalty of not more than $500, except for any crime committed against such individual. The bill further provides that an individual who lawfully possesses a firearm is not in violation of the provisions of the bill if he carries the firearm on or about his person or exercises control of the firearm.
Last Action: Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
Last Action Date: February 5, 2021
Title: Capitol Square; possessing or transporting a weapon within Square, penalty.
Description: Possessing or transporting a weapon within Capitol Square; penalty. Makes it a Class 1 misdemeanor for a person to possess or transport any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind; (ii) frame, receiver, muffler, silencer, missile, projectile, or ammunition designed for use with a dangerous weapon; or (iii) other dangerous weapon within Capitol Square, which includes the state-owned buildings that border its boundary streets. A dangerous weapon includes a bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, fighting chain, throwing star, and oriental dart or any weapon of like kind. The bill provides exceptions for law-enforcement officers, conservators of the peace, magistrates, court officers, judges, county or city treasurers, commissioners or deputy commissioners of the Virginia Workers' Compensation Commission, authorized security personnel, and active military personnel while in the conduct of such individuals' official duties. The bill requires that notice of the provisions prohibiting the possessing or transporting of such weapons be posted at each public entrance to Capitol Square. The bill provides that any weapon or item possessed or transported in violation of these provisions is subject to seizure by a law-enforcement officer and forfeiture to the Commonwealth.
Last Action: Left in Judiciary
Last Action Date: December 4, 2020
Title: Weapons; carrying into building owned or leased by the Commonwealth, penalty.
Description: Carrying weapon into building owned or leased by the Commonwealth; penalty. Makes it a Class 1 misdemeanor for a person to transport any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind; (ii) frame, receiver, muffler, silencer, missile, projectile, or ammunition designed for use with a dangerous weapon; or (iii) other dangerous weapon into a building owned or leased by the Commonwealth or any agency thereof, where employees of the Commonwealth or agency thereof are regularly present for the purpose of performing their official duties. The bill provides exceptions for law-enforcement officers, conservators of the peace, magistrates, court officers, judges, city or county treasurers, commissioners or deputy commissioners of the Virginia Workers' Compensation Commission, authorized security personnel, and active military personnel while in the conduct of such individuals' official duties. The bill requires that notice of the provisions prohibiting the carrying of such weapons be posted at each public entrance to all buildings owned or leased by the Commonwealth or any agency thereof.
Last Action: Left in Judiciary
Last Action Date: December 4, 2020
Title: Firearms; purchase, possession, etc., following a conviction.
Description: Purchase, possession, or transportation of firearms following conviction for assault and battery of a family or household member; permit to restore rights; penalties. Prohibits a person who has been convicted of stalking, sexual battery, or assault and battery of 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. The bill provides for a process by which a person convicted of such crime may petition the circuit court for a reinstatement of his right to possess or transport a firearm and the factors a court shall consider in determining such reinstatement.
Last Action: Left in Judiciary
Last Action Date: December 4, 2020
Title: Military honor guards and veterans service organizations; paramilitary activities.
Description: Veterans service organizations; paramilitary activities. Exempts a member of a lawfully recognized military color guard, honor guard, or similar organization, or a member of a veterans service organization that is Congressionally chartered or officially recognized by the U.S. Department of Veterans Affairs, when such member is participating in a public ceremony on behalf of such color guard, honor guard, or similar organization or such veterans service organization from the crimes of brandishing a firearm and unlawful paramilitary activity. Veterans service organizations; paramilitary activities. Exempts a member of a lawfully recognized military color guard, honor guard, or similar organization, or a member of a veterans service organization that is Congressionally chartered or officially recognized by the U.S. Department of Veterans Affairs, when such member is participating in a public ceremony on behalf of such color guard, honor guard, or similar organization or such veterans service organization from the crimes of brandishing a firearm and unlawful paramilitary activity.
Last Action: Continued to Special Session 1 in Public Safety by voice vote
Last Action Date: February 8, 2021
Title: Military honor guards and veterans service organizations; paramilitary activities.
Description: Veterans service organizations; paramilitary activities. Exempts a member of a lawfully recognized military color guard, honor guard, or similar organization, or a member of a veterans service organization that is Congressionally chartered or officially recognized by the U.S. Department of Veterans Affairs, when such member is participating in a public ceremony on behalf of such color guard, honor guard, or similar organization or such veterans service organization from the crimes of brandishing a firearm and unlawful paramilitary activity. Veterans service organizations; paramilitary activities. Exempts a member of a lawfully recognized military color guard, honor guard, or similar organization, or a member of a veterans service organization that is Congressionally chartered or officially recognized by the U.S. Department of Veterans Affairs, when such member is participating in a public ceremony on behalf of such color guard, honor guard, or similar organization or such veterans service organization from the crimes of brandishing a firearm and unlawful paramilitary activity.
Last Action: Left in Public Safety
Last Action Date: March 1, 2021
Title: School security officers; carrying of firearms by United States Armed Forces veterans.
Description: School security officers; carrying of firearms; United States Armed Forces veterans; employees of local school boards. Permits local school boards to authorize the carrying of a firearm by an individual hired as a school security officer who is (i) an honorably discharged veteran of the United States Armed Forces or (ii) an employee of a local school board who has completed an approved auxiliary training academy.
Last Action: Left in Education and Health
Last Action Date: February 6, 2021
Title: Firearm rentals; criminal history record information check required, penalty.
Description: Criminal history record information check required for firearm rentals; penalty. Provides that for the purposes of conducting a criminal history record information check for a firearm transfer, the term "rent" includes a temporary change in dominion or control of a firearm for use at or on the premises of a dealer's business location in exchange for money or other consideration. Under current federal law, the rental of a firearm for use on a dealer's business premises is not considered to be a sale, disposition, or delivery of the firearm; therefore, such rental would not allow for a National Instant Criminal Background Check System check to be performed. The bill would allow the Virginia State Police to conduct a Virginia state criminal history record information check instead.
Last Action: Left in Judiciary
Last Action Date: February 6, 2021
Title: Firearms; purchase, etc., following conviction for assault and battery of a family member.
Description: Purchase, possession, or transportation of firearms following conviction for assault and battery of a family or household member; penalties. Prohibits a person who has been convicted of assault and battery of a family or household member from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 3 misdemeanor.
Last Action: Read third time and defeated by Senate (16-Y 22-N)
Last Action Date: February 5, 2021
Title: Firearms; criminal history record information check required to sell.
Description: Criminal history record information check required to sell firearm; National Firearms Act. Provides that a person may sell a firearm to another person without obtaining a criminal history record information check at the point of sale if the sale of the firearm is governed by the provisions of the National Firearms Act (NFA) and the purchaser has been previously approved pursuant to a background check conducted by the Federal Bureau of Investigation in accordance with the NFA provisions and regulations governing the sale and transfer of such firearm.
Last Action: Failed to report (defeated) in Judiciary (6-Y 8-N)
Last Action Date: January 27, 2021
Title: Concealed handgun permit; local control of firearms.
Description: Local control of firearms; concealed handgun permit. Provides that any local ordinance that prohibits the possession, carrying, or transportation of any firearms, ammunition, or components or combination thereof on specified public property shall not apply to a person who has a valid concealed handgun permit issued by the Commonwealth or to any person who has a valid concealed handgun or concealed weapon permit or license issued by another state that is recognized by the Commonwealth as authorizing such person to carry a concealed handgun in the Commonwealth.
Last Action: Passed by indefinitely in Judiciary (9-Y 5-N)
Last Action Date: January 27, 2021