SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2016 SESSION

  • | print version

SB 323 Firearms; no person who is subject to an emergency protective order.

Introduced by: Barbara A. Favola | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Violation of protective order; firearm or other deadly weapon; penalty. Provides that any person who violates a protective order with which he has been served while knowingly armed with a firearm or other deadly weapon is guilty of a Class 6 felony. This bill is identical to HB 1087.

SUMMARY AS PASSED SENATE:

Possession of firearms; protective orders; penalty. Creates a Class 1 misdemeanor for the physical possession of a firearm while in the residence of the alleged victim of a person who has been served with an emergency protective order issued as a result of an assault and battery against a family or household member. The bill also provides that in order to be convicted of the existing Class 1 misdemeanor of purchasing or transporting a firearm when subject to a protective order, the person must have been served with the order.

SUMMARY AS INTRODUCED:

Possession or transportation of firearms; protective orders; penalty. Creates a Class 1 misdemeanor for (i) the physical possession of a firearm while in the residence of the alleged victim of a person who has been served with an emergency protective order issued as a result of an assault and battery against a family or household member or (ii) the transport of a firearm by such person while the order is in effect. The bill also provides that in order to be convicted of the existing Class 1 misdemeanor of purchasing or transporting a firearm when subject to a protective order, the person must have been served with the order.