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2013 SESSION
SB 1378 Firearms; person guilty of Class 4 felony if sells to person he knows is prohibited from possessing.
Introduced by: Thomas A. Garrett | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Sale and transport for sale of firearms to certain persons; penalty. Provides that a person who engages in the "strawman" purchase of a firearm, where he purchases a firearm with the intent to resell or transport with the intent to resell outside of the Commonwealth to any person he knows is prohibited from purchasing a firearm, is guilty of a Class 4 felony and shall be sentenced to a mandatory minimum term of imprisonment of one year. Under current law, the penalty for such an offense is a Class 5 felony. Finally, the bill provides that a person who is ineligible to purchase or possess a firearm and who assists any other person in the strawman purchase of a firearm is guilty of a Class 4 felony with a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence. Under current law, the penalty for such offense is a Class 5 felony with a mandatory minimum term of five years. The prohibitions against strawman purchases do not apply to the purchase of a firearm by a parent, grandparent, or other guardian of a child for the lawful use, possession, or transport of the firearm by the child where the child's age is the sole reason the child is ineligible to purchase a firearm. The bill also 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 illegal to sell, barter, give, or furnish a firearm if the seller knows that the person is prohibited from possessing or transporting a firearm and increases the penalty from a Class 6 felony to a Class 4 felony.
FULL TEXT
- 02/08/13 Senate: Presented and ordered printed 13104694D pdf | impact statements
- 02/23/13 Senate: Bill text as passed Senate and House (SB1378ER) pdf | impact statements
- 04/03/13 Senate: Reenrolled bill text (SB1378ER2) pdf | impact statement
- 04/03/13 Governor: Acts of Assembly Chapter text (CHAP0797) pdf
AMENDMENTS
HISTORY
- 02/08/13 Senate: Introduced at the request of Governor
- 02/08/13 Senate: Presented and ordered printed 13104694D
- 02/08/13 Senate: Referred to Committee for Courts of Justice
- 02/11/13 Senate: Reported from Courts of Justice (15-Y 0-N)
- 02/11/13 Senate: Rereferred to Finance
- 02/13/13 Senate: Reported from Finance (15-Y 0-N)
- 02/14/13 Senate: Read first time
- 02/15/13 Senate: Read second time and engrossed
- 02/15/13 Senate: Constitutional reading dispensed (39-Y 1-N)
- 02/15/13 Senate: Passed Senate (39-Y 0-N)
- 02/18/13 House: Placed on Calendar
- 02/18/13 House: Read first time
- 02/18/13 House: Referred to Committee for Courts of Justice
- 02/18/13 House: Reported from Courts of Justice with amendment (11-Y 5-N)
- 02/19/13 House: Read second time
- 02/20/13 House: Read third time
- 02/20/13 House: Committee amendment agreed to
- 02/20/13 House: Engrossed by House as amended
- 02/20/13 House: Passed House with amendment (84-Y 11-N)
- 02/20/13 House: VOTE: PASSAGE (84-Y 11-N)
- 02/21/13 Senate: House amendment agreed to by Senate (39-Y 0-N)
- 02/23/13 Senate: Enrolled
- 02/23/13 Senate: Bill text as passed Senate and House (SB1378ER)
- 02/23/13 Senate: Signed by President
- 02/23/13 House: Signed by Speaker
- 03/25/13 Senate: Governor's recommendation received by Senate
- 04/02/13 Senate: Placed on Calendar
- 04/03/13 Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
- 04/03/13 House: House concurred in Governor's recommendation (87-Y 7-N)
- 04/03/13 House: VOTE: ADOPTION (87-Y 7-N)
- 04/03/13 Governor: Governor's recommendation adopted
- 04/03/13 Senate: Reenrolled
- 04/03/13 Senate: Reenrolled bill text (SB1378ER2)
- 04/03/13 Senate: Signed by President as reenrolled
- 04/03/13 House: Signed by Speaker as reenrolled
- 04/03/13 House: Enacted, Chapter 797 (effective 7/1/13)
- 04/03/13 Governor: Acts of Assembly Chapter text (CHAP0797)