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2020 SESSION
SB 240 Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties.
Introduced by: George L. Barker | 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 HB 674.
FULL TEXT
- 01/02/20 Senate: Prefiled and ordered printed; offered 01/08/20 20103425D pdf | impact statement
- 01/13/20 Senate: Committee substitute printed 20105669D-S1 pdf | impact statements
- 01/15/20 Senate: Floor substitute printed 20105857D-S2 (Morrissey) pdf
- 01/16/20 Senate: Floor substitute printed 20105922D-S3 (Surovell) pdf | impact statement
- 01/21/20 Senate: Printed as engrossed 20105922D-ES3 pdf | impact statements
- 02/21/20 House: Committee substitute printed 20108809D-H1 pdf | impact statements
- 03/05/20 Senate: Bill text as passed Senate and House (SB240ER) pdf | impact statement
- 04/08/20 Governor: Acts of Assembly Chapter text (CHAP0888) pdf
AMENDMENTS
- House committee, floor amendments and substitutes offered
- Senate amendments
- Senate amendments not adopted
HISTORY
- 01/02/20 Senate: Prefiled and ordered printed; offered 01/08/20 20103425D
- 01/02/20 Senate: Referred to Committee on the Judiciary
- 01/08/20 Senate: Moved from Courts of Justice to Judiciary due to a change of the committee name
- 01/13/20 Senate: Reported from Judiciary with substitute (9-Y 5-N)
- 01/13/20 Senate: Committee substitute printed 20105669D-S1
- 01/14/20 Senate: Constitutional reading dispensed (39-Y 0-N)
- 01/15/20 Senate: Floor substitute printed 20105857D-S2 (Morrissey)
- 01/15/20 Senate: Passed by for the day
- 01/16/20 Senate: Floor substitute printed 20105922D-S3 (Surovell)
- 01/16/20 Senate: Passed by temporarily
- 01/16/20 Senate: Passed by for the day
- 01/17/20 Senate: Passed by for the day
- 01/20/20 Senate: Passed by for the day
- 01/21/20 Senate: Read second time
- 01/21/20 Senate: Committee substitute rejected 20105669D-S1
- 01/21/20 Senate: Substitute by Senator Morrisey withdrawn 20105857D-S2
- 01/21/20 Senate: Reading of substitute waived
- 01/21/20 Senate: Pending question ordered (27-Y 13-N)
- 01/21/20 Senate: Substitute by Senator Surovell 20105922D-S3 agreed to (21-Y 19-N)
- 01/21/20 Senate: Reading of amendment waived
- 01/21/20 Senate: Amendment #1 by Senator Norment ruled out of order
- 01/21/20 Senate: Amendment #2 by Senator Norment ruled out of order
- 01/21/20 Senate: Amendment #3 by Senator Norment agreed to
- 01/21/20 Senate: Reading of amendment waived
- 01/21/20 Senate: Amendment by Senator Surovell agreed to
- 01/21/20 Senate: Engrossed by Senate - floor substitute with amendments SB240ES3
- 01/21/20 Senate: Title replaced 20105922D-S3
- 01/21/20 Senate: Printed as engrossed 20105922D-ES3
- 01/22/20 Senate: Read third time and passed Senate (21-Y 19-N)
- 02/13/20 House: Placed on Calendar
- 02/13/20 House: Read first time
- 02/13/20 House: Referred to Committee on Public Safety
- 02/21/20 House: Reported from Public Safety with substitute (12-Y 8-N)
- 02/21/20 House: Committee substitute printed 20108809D-H1
- 02/25/20 House: Read second time
- 02/26/20 House: Read third time
- 02/26/20 House: Committee substitute agreed to 20108809D-H1
- 02/26/20 House: Engrossed by House - committee substitute SB240H1
- 02/26/20 House: Passed House with substitute (53-Y 47-N)
- 02/26/20 House: VOTE: Passage (53-Y 47-N)
- 02/28/20 Senate: House substitute agreed to by Senate (21-Y 17-N)
- 02/28/20 Senate: Title replaced 20108809D-H1
- 03/05/20 Senate: Enrolled
- 03/05/20 Senate: Bill text as passed Senate and House (SB240ER)
- 03/06/20 House: Signed by Speaker
- 03/07/20 Senate: Signed by President
- 03/12/20 Senate: 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 888 (effective 7/1/20)
- 04/08/20 Governor: Acts of Assembly Chapter text (CHAP0888)