HB 1004

  • Virginia House Bill
  • 2020 Regular Session
  • Introduced in House Jan 07, 2020
  • Passed House Jan 30, 2020
  • Passed Senate Feb 26, 2020
  • Became Law Apr 22, 2020

Protective orders; possession of firearms, surrender or transfer of firearms, penalty.

Abstract

Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Prohibits any person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) from knowingly possessing a firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order such person may continue to possess such firearm for the purposes of selling or transferring it to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this provision is a Class 6 felony. The bill also provides that a court shall order a person subject to a permanent protective order to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency or sell or transfer any firearm possessed by such person to a dealer or to any person who is not otherwise prohibited by law from possessing such firearm and (ii) certify in writing that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that any person who willfully fails to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms, as well as a process to return such surrendered firearms. The bill also makes it a Class 4 felony for any person to sell, barter, give, or furnish any firearm to any person he knows is prohibited from possessing or transporting a firearm who is subject to a permanent protective order. This bill incorporates HB 856 and is identical to SB 479.

Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Prohibits any person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) from knowingly possessing a firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order such person may continue to possess such firearm for the purposes of selling or transferring it to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this provision is a Class 6 felony. The bill also provides that a court shall order a person subject to a permanent protective order to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency or sell or transfer any firearm possessed by such person to a dealer or to any person who is not otherwise prohibited by law from possessing such firearm and (ii) certify in writing that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that any person who fails to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms, as well as a process to return such surrendered firearms. The bill also makes it a Class 4 felony for any person to sell, barter, give, or furnish any firearm to any person he knows is prohibited from possessing or transporting a firearm who is the subject to a permanent protective order. This bill incorporates HB 856. 

Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Prohibits any person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) from knowingly possessing a firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order such person may continue to possess such firearm for the purposes of selling or transferring it to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this provision is a Class 6 felony. The bill also provides that a court shall order a person subject to a permanent protective order to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency or sell or transfer any firearm possessed by such person to a dealer or to any person who is not otherwise prohibited by law from possessing such firearm and (ii) certify in writing that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that the willful failure of any person to certify in writing that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms shall constitute contempt of court. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms, as well as a process to return such surrendered firearms. The bill also makes it a Class 4 felony for any person to sell, barter, give, or furnish any firearm to any person he knows is prohibited from possessing or transporting a firearm who is subject to a permanent protective order. This bill incorporates HB 856 and is identical to SB 479.

Protective orders; possession of firearms; surrender ortransfer of firearms; penalty. Prohibits any person subject to a permanentprotective order (i.e., a protective order with a maximum duration of twoyears) from knowingly possessing a firearm while the order is in effect,provided that for a period of 24 hours after being served with a protectiveorder such person may continue to possess such firearm for the purposes ofselling or transferring it to any person who is not otherwise prohibited by lawfrom possessing such firearm. A violation of this provision is a Class 6felony. The bill also provides that a court shall order a person subjectto a permanent protective order to (i) within 24 hours, surrender any firearmpossessed by such person to a designated local law-enforcement agency or sellor transfer any firearm possessed by such person to a dealer or to any personwho is not otherwise prohibited by law from possessing such firearm and (ii)certify in writing that such person does not possess any firearms or that allfirearms possessed by such person have been surrendered, sold, or transferredand file such certification with the clerk of the court that entered theprotective order within 48 hours after being served with a protective order.The bill provides that any person who fails to certify in writing in accordancewith this section that all firearms possessed by such person have beensurrendered, sold, or transferred or that such person does not possess anyfirearms is guilty of a Class 1 misdemeanor. The bill provides procedures fordesignating a local law-enforcement agency to receive and store firearms, aswell as a process to return such surrendered firearms. The bill also makes it aClass 4 felony for any person to sell, barter, give, or furnish any firearm toany person he knows is prohibited from possessing or transporting a firearm whois the subject to a permanent protective order. 

Bill Sponsors (6)

Votes


Actions


Apr 22, 2020

House

Placed on Calendar

House

Enacted, Chapter 1221 (effective 7/1/20)

Senate

Signed by President as reenrolled

House

Signed by Speaker as reenrolled

House

Reenrolled bill text (HB1004ER2)

House

Reenrolled

Office of the Governor

Governor's recommendation adopted

Senate

Senate concurred in Governor's recommendation (21-Y 19-N)

House

VOTE: (51-Y 42-N)

House

House concurred in Governor's recommendation (51-Y 42-N)

Apr 11, 2020

House

Governor's recommendation received by House

Mar 12, 2020

Office of the Governor

Governor's Action Deadline 11:59 p.m., April 11, 2020

House

Enrolled Bill communicated to Governor on March 12, 2020

Mar 06, 2020

House

Impact statement from DPB (HB1004ER)

Senate

Signed by President

House

Signed by Speaker

Mar 05, 2020

House

Enrolled

Feb 28, 2020

House

Senate substitute agreed to by House 20108967D-S1 (56-Y 42-N)

House

Impact statement from DPB (HB1004S1)

House

VOTE: Adoption (56-Y 42-N)

House

Placed on Calendar

Feb 26, 2020

Senate

Committee substitute agreed to 20108967D-S1

Senate

Read third time

Senate

Reading of substitute waived

Senate

Engrossed by Senate - committee substitute HB1004S1

Senate

Passed Senate with substitute (22-Y 18-N)

Feb 25, 2020

House

Impact statement from VCSC (HB1004S1)

Senate

Constitutional reading dispensed (39-Y 0-N)

Feb 24, 2020

Senate

Committee substitute printed 20108967D-S1

Senate

Reported from Judiciary with substitute (9-Y 6-N)

Jan 31, 2020

Senate

Constitutional reading dispensed

Senate

Referred to Committee on the Judiciary

Jan 30, 2020

House

VOTE: Passage (58-Y 42-N)

House

Read third time and passed House (58-Y 42-N)

Jan 29, 2020

House

Passed by temporarily

House

Engrossed by House - committee substitute HB1004H1

House

Committee substitute agreed to 20106626D-H1

House

Read second time

Jan 28, 2020

House

Impact statement from DPB (HB1004H1)

House

Read first time

House

Impact statement from VCSC (HB1004H1)

Jan 24, 2020

House

Reported from Public Safety with substitute (20-Y 2-N)

House

Incorporates HB856 (Murphy)

House

Committee substitute printed 20106626D-H1

Jan 22, 2020

House

Impact statement from DPB (HB1004)

Jan 08, 2020

House

Impact statement from VCSC (HB1004)

Jan 07, 2020

House

Prefiled and ordered printed; offered 01/08/20 20103358D

House

Referred to Committee on Public Safety

Bill Text

Bill Text Versions Format
Impact statement from VCSC (HB1004) HTML
Impact statement from VCSC (HB1004H1) HTML
Impact statement from VCSC (HB1004S1) HTML
Bill text as passed House and Senate (HB1004ER) HTML
Reenrolled bill text (HB1004ER2) HTML
Acts of Assembly Chapter text (CHAP1221) HTML

Related Documents

Document Format
Amendment: HB1004AG HTML

Sources

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