13102324D
SENATE BILL NO. 864
Senate Amendments in [ ] – January 23, 2013
A BILL to amend and reenact §18.2-308.1:4 of the Code of
Virginia, relating to transportation and possession of firearms; persons
subject to certain emergency protective orders; penalty.
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Patron Prior to Engrossment--Senator Favola
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That §18.2-308.1:4 of the Code of Virginia is
amended and reenacted as follows:
§18.2-308.1:4. Purchase or transportation of firearm by
persons subject to protective orders; penalty.
It shall be unlawful for any A. No person who is
subject to (i) a protective order entered pursuant to §16.1-253.1, 16.1-253.4,
16.1-278.2, 16.1-279.1, 19.2-152.8, 19.2-152.9, or 19.2-152.10; (ii) an order
issued pursuant to subsection B of §20-103; (iii) an order entered pursuant to
subsection D of §18.2-60.3; (iv) a preliminary protective order entered
pursuant to subsection F of §16.1-253 where a petition alleging abuse or
neglect has been filed; or (v) an order issued by a tribunal of another state,
the United States or any of its territories, possessions or commonwealths, or
the District of Columbia pursuant to a statute that is substantially similar to
those cited in clauses (i), (ii), (iii), or (iv) to [ who
has been served with the protective order ] may purchase
or transport any firearm while the such order is in effect. Any
person with a concealed handgun permit shall be prohibited from carrying any
concealed firearm, and shall surrender his permit to the court entering the
order, for the duration of any protective order referred to herein. A violation
of this section is a Class 1 misdemeanor.
B. No person who is [ the subject of-
subject to ] an emergency
protective order issued pursuant to the requirements of subsection C of §
18.2-57.2 [ who has been served with the protective order
] may physically possess a firearm while in the residence of the alleged
victim or transport a firearm while such order is in effect.
C. A violation of this section is a Class 1 misdemeanor.
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