VA HB1763 | 2019 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 7-0)
Status: Introduced on December 21 2018 - 25% progression
Action: 2019-02-05 - Left in Militia, Police and Public Safety
Pending: House Militia, Police and Public Safety Committee
Text: Latest bill text (Prefiled) [HTML]

Summary

Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or any 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. If an emergency substantial risk order is issued, a judge or magistrate may issue a warrant to remove firearms from such person. An emergency substantial risk warrant 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 person subject to the order resides 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, 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 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 an order is guilty of a Class 4 felony.

Tracking Information

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Title

Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties.

Sponsors


Roll Calls

2019-01-17 - House - House: Subcommittee recommends passing by indefinitely (4-Y 2-N) (Y: 4 N: 2 NV: 1 Abs: 0) [PASS]

History

DateChamberAction
2019-02-05HouseLeft in Militia, Police and Public Safety
2019-01-17HouseSubcommittee recommends passing by indefinitely (4-Y 2-N)
2019-01-15HouseAssigned MPPS sub: Subcommittee #1
2019-01-14HouseReferred to Committee on Militia, Police and Public Safety
2019-01-14HouseReferred from Courts of Justice by voice vote
2018-12-21HouseReferred to Committee for Courts of Justice
2018-12-21HousePrefiled and ordered printed; offered 01/09/19 19102819D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
182308.09(n/a)See Bill Text
182308.1:6(n/a)See Bill Text
182308.2:1(n/a)See Bill Text
182308.2:2(n/a)See Bill Text
182308.2:3(n/a)See Bill Text
192152.13(n/a)See Bill Text
192152.17(n/a)See Bill Text
192387.3(n/a)See Bill Text

Virginia State Sources


Bill Comments

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