SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2020 SESSION
HB 674 Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties.
Introduced by: Richard C. "Rip" Sullivan, Jr. | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or 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. Upon service of an emergency substantial risk order, the person who is subject to the order shall be given the opportunity to voluntarily relinquish any firearm. An emergency substantial risk order 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 order was issued 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, for a substantial risk order and 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 substantial risk 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 a substantial risk order is guilty of a Class 4 felony. The bill creates a computerized substantial risk order registry for the entry of orders issued pursuant to provisions in the bill. This bill is identical to SB 240.
FULL TEXT
- 01/06/20 House: Prefiled and ordered printed; offered 01/08/20 20104741D pdf | impact statements
- 02/24/20 Senate: Committee substitute printed 20108857D-S1 pdf | impact statements
- 03/05/20 House: Bill text as passed House and Senate (HB674ER) pdf | impact statement
- 04/08/20 Governor: Acts of Assembly Chapter text (CHAP0887) pdf
HISTORY
- 01/06/20 House: Prefiled and ordered printed; offered 01/08/20 20104741D
- 01/06/20 House: Referred to Committee on Public Safety
- 01/24/20 House: Reported from Public Safety (13-Y 9-N)
- 01/28/20 House: Read first time
- 01/29/20 House: Read second time
- 01/29/20 House: Passed by temporarily
- 01/29/20 House: Pending question ordered
- 01/29/20 House: Engrossed by House
- 01/30/20 House: Read third time and passed House (52-Y 46-N)
- 01/30/20 House: VOTE: Passage (52-Y 46-N)
- 01/31/20 Senate: Constitutional reading dispensed
- 01/31/20 Senate: Referred to Committee on the Judiciary
- 02/24/20 Senate: Reported from Judiciary with substitute (9-Y 6-N)
- 02/24/20 Senate: Committee substitute printed 20108857D-S1
- 02/25/20 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/26/20 Senate: Read third time
- 02/26/20 Senate: Reading of substitute waived
- 02/26/20 Senate: Committee substitute agreed to 20108857D-S1
- 02/26/20 Senate: Passed by for the day
- 02/27/20 Senate: Read third time
- 02/27/20 Senate: Passed by temporarily
- 02/27/20 Senate: Engrossed by Senate - committee substitute HB674S1
- 02/27/20 Senate: Passed Senate with substitute (20-Y 20-N)
- 02/27/20 Senate: Chair votes Yes
- 03/02/20 House: Placed on Calendar
- 03/02/20 House: Senate substitute agreed to by House 20108857D-S1 (52-Y 48-N)
- 03/02/20 House: VOTE: Adoption (52-Y 48-N)
- 03/05/20 House: Enrolled
- 03/05/20 House: Bill text as passed House and Senate (HB674ER)
- 03/06/20 House: Signed by Speaker
- 03/06/20 Senate: Signed by President
- 03/12/20 House: Enrolled Bill communicated to Governor on March 12, 2020
- 03/12/20 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
- 04/08/20 Governor: Approved by Governor-Chapter 887 (effective 7/1/20)
- 04/08/20 Governor: Acts of Assembly Chapter text (CHAP0887)