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2013 SESSION

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Senate Committee on Courts of Justice

Chairman: Thomas K. Norment, Jr.

Clerk: Hobie Lehman, Tyler Trumbo
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: January 18, 2013
Time and Place: 8:00 AM, Senate Room A

S.B. 785

Patron: Marsden

Use of firearm in commission of crime; civil liability. Provides that a person may be held civilly liable for injury to the person or property of another or for wrongful death resulting from the use of a firearm in the commission of a crime if it can be shown by clear and convincing evidence that the firearm came into the possession of the person who committed the crime because of the failure of the civil defendant to adequately secure the firearm from theft or unauthorized possession.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 8.01 a section numbered 8.01-44.8, relating to civil liability for negligent gun storage.

13103078D

S.B. 786

Patron: Marsden

Lost or stolen firearms; failure to report; civil penalty. Creates a $250 civil penalty for the offense of failing to report to law enforcement that a firearm a person owns or lawfully possesses has been lost or stolen.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-309.1, relating to reports of stolen firearms; civil penalty.

13103096D

S.B. 864

Patron: Favola

Possession or transportation of firearms; certain emergency protective orders; penalty. Creates a Class 1 misdemeanor for the physical possession of a firearm while in the residence of the alleged victim or the transport of a firearm by a person subject to an emergency protective order issued as a result of an assault and battery against a family or household member.

A BILL to amend and reenact § 18.2-308.1:4 of the Code of Virginia, relating to transportation and possession of firearms; persons subject to certain emergency protective orders; penalty.

13102324D

S.B. 911

Patron: Howell

Transfer of firearms; criminal history records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also requires that the promoter of a firearms show provide vendors with access to licensed dealers who will conduct the criminal history record information check.

A BILL to amend and reenact §§ 54.1-4200 and 54.1-4201.1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-308.2:4 and 54.1-4201.2, relating to firearm sales; criminal history record information checks; penalties.

13103091D

S.B. 965

Patron: Ebbin

Lost or stolen firearms; failure to report; penalty. Provides that a person who fails to report to the appropriate law-enforcement agency that a firearm he owns or lawfully possesses has been stolen or lost within 24 hours from the time the person knew or reasonably should have known of the theft or loss is guilty of a Class 3 misdemeanor, and is guilty of a Class 1 misdemeanor for a second or subsequent violation. The bill also provides that a person who knowingly files a false report of a lost or stolen firearm is guilty of a Class 1 misdemeanor.

A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 7 of Title 18.2 a section numbered 18.2-287.5, relating to lost or stolen firearms; failure to report; penalty.

13100311D

S.B. 1001

Patron: Marsh

Transfer of firearms; criminal history records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also requires that the promoter of a firearms show provide vendors with access to licensed dealers who will conduct the criminal history record information check.

A BILL to amend and reenact §§ 54.1-4200 and 54.1-4201.1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-308.2:4 and 54.1-4201.2, relating to firearm sales; criminal history record information checks; penalties.

13103115D

S.B. 1012

Patron: Ebbin

Possession of handguns in legislative buildings. Prohibits the possession of a firearm in Capitol Square, including the Capitol and other buildings predominantly used to conduct the business of the General Assembly. The Capitol Police are required to screen persons entering the Capitol or the General Assembly Building. The prohibition would not apply to members of the General Assembly or to law-enforcement officers.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-283.2, relating to possession of handguns in legislative buildings.

13103240D

S.B. 1109

Patron: Ebbin

Prohibiting selling, etc., of firearms to certain persons; penalty. Adds persons found legally incompetent or mentally incapacitated, persons involuntarily admitted to a mental health facility or sent for involuntary outpatient mental health treatment, and those who were the subject of a temporary detention order and subsequently agreed to voluntary admission to a mental health facility to the list of persons for whom it is a Class 6 felony to sell, barter, give, or furnish a firearm if the seller knows that the person is prohibited from possessing or transporting a firearm.

A BILL to amend and reenact § 18.2-308.2:1 of the Code of Virginia, relating to prohibiting the selling, etc., of firearms to certain persons; penalty.

13103257D

S.B. 1136

Patron: McEachin

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.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.1:01, relating to transfers of firearms; penalties.

13100763D

S.B. 1148

Patron: McEachin

Prohibition of sale, transfer, etc. of certain firearms magazines; penalties. Prohibits any person from selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 1 misdemeanor. The bill prohibits a person from carrying semi-automatic center-fire firearms with more than 10 rounds of ammunition in a public place; under existing law this prohibition applies only in certain localities and only to such firearms if the firearm holds more than 20 rounds of ammunition. The bill redefines "assault firearm" in the Code section that prohibits noncitizens and persons not lawfully admitted for permanent residence from possessing assault firearms and in the Code section that prohibits dealers from transferring an assault firearm to such persons by reducing the number of rounds of ammunition that the magazine will hold from more than 20 to more than 10. The rounds of ammunition are also reduced from more than 20 to more than 10 in the section that makes it unlawful for a person younger than 18 years of age to possess an assault firearm.

A BILL to amend and reenact §§ 16.1-278.9, 18.2-287.4, 18.2-308.2:01, 18.2-308.2:2, 18.2-308.7, and 18.2-308.8 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-309.1, relating to prohibition of sale, transfer, etc. of certain firearms magazines; penalties.

13103090D

S.B. 1228

Patron: Saslaw

Control of firearms; property owned or leased by localities. Repeals provisions preventing localities from adopting ordinances and taking administrative actions regarding firearms and authorizes localities to adopt ordinances that prohibit firearms, ammunition, or components, or a combination thereof, on property owned or leased by a locality.

A BILL to amend and reenact § 15.2-915 of the Code of Virginia, relating to control of firearms; property or facilities owned or leased by localities.

13103109D

S.B. 1232

Patron: Ebbin

Sale of firearms; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for sellers to obtain such a check from licensed firearm dealers. A seller who fails to obtain such a check and sells the gun to any other person is guilty of a Class 1 misdemeanor.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.2:4, relating to firearm sales; criminal history record information checks; penalty.

13103748D

S.B. 1281

Patron: Deeds

Sale of firearms; penalty. Requires a background check for any firearm purchase and requires the Department of State Police to establish a process for sellers to obtain such a check from licensed firearm dealers. A seller who fails to obtain such a check and sells the gun to someone who is prohibited from possessing a firearm by state or federal law is guilty of a Class 6 felony.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.2:4 relating to firearm sales; criminal history record information checks; penalties.

13103270D

S.B. 1299

Patron: Edwards

Criminal history record information checks; protective order registry; dissemination of information. Provides that certain criminal history record information and protective order registry information shall be made available to the Attorney General of the United States for the purposes of using the National Instant Criminal Background Check System to determine a person's eligibility to possess or receive a firearm under state or federal law.

A BILL to amend and reenact §§ 18.2-308.2:2, 19.2-387.1, 19.2-389, and 19.2-389.1 of the Code of Virginia, relating to criminal history record information checks; maintenance and dissemination of registry information.

13103814D