VA SB240 | 2020 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 9-0)
Status: Engrossed on January 21 2020 - 50% progression
Action: 2020-01-22 - Read third time and passed Senate (21-Y 19-N)
Text: Latest bill text (Engrossed) [HTML]

Summary

Firearms; removal from persons posing substantial risk; 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 search warrant to remove firearms from such person. 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

Tracking Information

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Title

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

Sponsors


Roll Calls

2020-01-22 - Senate - Senate: Read third time and passed Senate (21-Y 19-N) (Y: 20 N: 19 NV: 0 Abs: 0) [PASS]
2020-01-21 - Senate - Senate: Substitute by Senator Surovell 20105922D-S3 agreed to (21-Y 19-N) (Y: 20 N: 19 NV: 0 Abs: 0) [PASS]
2020-01-21 - Senate - Senate: Pending question ordered (27-Y 13-N) (Y: 26 N: 13 NV: 0 Abs: 0) [PASS]
2020-01-14 - Senate - Senate: Constitutional readings dispensed (39-Y 0-N) (Y: 38 N: 0 NV: 1 Abs: 0) [PASS]
2020-01-13 - Senate - Senate: Reported from Judiciary with substitute (9-Y 5-N) (Y: 9 N: 5 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2020-01-22SenateRead third time and passed Senate (21-Y 19-N)
2020-01-21SenatePrinted as engrossed 20105922D-ES3
2020-01-21SenateTitle replaced 20105922D-S3
2020-01-21SenateEngrossed by Senate - floor substitute with amendments SB240ES3
2020-01-21SenateAmendment by Senator Surovell agreed to
2020-01-21SenateReading of amendment waived
2020-01-21SenateAmendment #3 by Senator Norment agreed to
2020-01-21SenateAmendment #2 by Senator Norment ruled out of order
2020-01-21SenateAmendment #1 by Senator Norment ruled out of order
2020-01-21SenateReading of amendment waived
2020-01-21SenateSubstitute by Senator Surovell 20105922D-S3 agreed to (21-Y 19-N)
2020-01-21SenatePending question ordered (27-Y 13-N)
2020-01-21SenateReading of substitute waived
2020-01-21SenateSubstitute by Senator Morrisey withdrawn 20105857D-S2
2020-01-21SenateCommittee substitute rejected 20105669D-S1
2020-01-21SenateRead second time
2020-01-20SenatePassed by for the day
2020-01-17SenatePassed by for the day
2020-01-16SenatePassed by for the day
2020-01-16SenatePassed by temporarily
2020-01-16SenateFloor substitute printed 20105922D-S3 (Surovell)
2020-01-15SenatePassed by for the day
2020-01-15SenateFloor substitute printed 20105857D-S2 (Morrissey)
2020-01-14SenateConstitutional reading dispensed (39-Y 0-N)
2020-01-13SenateCommittee substitute printed 20105669D-S1
2020-01-13SenateReported from Judiciary with substitute (9-Y 5-N)
2020-01-08SenateMoved from Courts of Justice to Judiciary due to a change of the committee name
2020-01-02SenateReferred to Committee on the Judiciary
2020-01-02SenatePrefiled and ordered printed; offered 01/08/20 20103425D

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

TypeSource
Summaryhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB240
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB240+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB240S1+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB240S2+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB240S3+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB240ES3+hil
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+S03V0011+SB0240
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV0035SB0240+SB0240
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV0103SB0240+SB0240
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV0104SB0240+SB0240
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV0117SB0240+SB0240

Bill Comments

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