SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1994 SESSION

  • | print version

HB 649 Firearms purchases.

Introduced by: James F. Almand | all patrons    ...    notes | add to my profiles

SUMMARY:

Firearms purchases. Requires the clerk of court to send to the CCRE an abstract of findings of incompetence under § 37.1-128.02 or incapacity under § 37.1-128.1, a specific finding of incapacity to possess a firearm under § 37.1-128.1, a restoration of competency or capacity under § 37.1-134.1 and a copy of any order of involuntary commitment to a hospital, for firearms record check purposes. This information is to be kept confidential in a separate file and used only for purposes of such record check.

Upon entry of a protective (preliminary, emergency or final) order in a family abuse case and proof of service, the clerk forwards a copy to local law enforcement, for entry of the offender's name into the VCIN system.

The intentional purchase, possession, or transport of a firearm by a person adjudicated legally incompetent, found to be incapacitated or involuntarily committed, during the term of the commitment, to a mental hospital is made punishable as a Class 1 misdemeanor. Purchase or transportation of a firearm by a person subject to a protective order is also made punishable as a Class 1 misdemeanor. A forfeiture provision is included.

A person whose competence or capacity has been restored or as to whom a protective order has been dissolved would no longer be subject to the prohibitions. Persons who have been discharged from involuntary commitment may petition the circuit court for restoration of the right to purchase or possess a firearm and the court may grant the petition for good cause.


FULL TEXT

AMENDMENTS

HISTORY