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SB 240

  • Virginia Senate Bill
  • 2020 Regular Session
  • Introduced in Senate Jan 02, 2020
  • Passed Senate Jan 22, 2020
  • Passed House Feb 26, 2020
  • Governor

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

Abstract

Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or 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. Upon service of an emergency substantial risk order, the person who is subject to the order shall be given the opportunity to voluntarily relinquish any firearm. 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 registry for the entry of orders issued pursuant to provisions in the bill. This bill is identical to HB 674.

Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or two law-enforcement officers may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate, who must consult with the attorney for the Commonwealth, 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. Upon service of an emergency substantial risk order, the person who is subject to the order shall be given the opportunity to voluntarily relinquish any firearm. 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 registry for the entry of orders issued pursuant to provisions in the bill.

Firearms; removal from persons posing substantial risk;penalties. Creates a procedure by which any attorney for the Commonwealthor any law-enforcement officer may apply to a general district court, circuitcourt, or juvenile and domestic relations district court judge or magistratefor an emergency substantial risk order to prohibit a person who poses asubstantial risk of injury to himself or others from purchasing, possessing, ortransporting a firearm. If an emergency substantial risk order is issued, ajudge or magistrate may issue a search warrant to remove firearms from suchperson. An emergency substantial risk order shall expire on the fourteenth dayfollowing issuance of the order. The bill requires a court hearing in thecircuit court for the jurisdiction where the order was issued within 14 daysfrom issuance of an emergency substantial risk order to determine whether asubstantial risk order should be issued. Seized firearms shall be retained by alaw-enforcement agency for the duration of an emergency substantial risk orderor a substantial risk order or, for a substantial risk order and with courtapproval, may be transferred to a third party 21 years of age or older chosenby the person from whom they were seized. The bill allows the complainant ofthe original warrant to file a motion for a hearing to extend the substantialrisk order prior to its expiration. The court may extend the substantial riskorder for a period not longer than 180 days. The bill provides that persons whoare subject to a substantial risk order, until such order has been dissolved bya court, are guilty of a Class 1 misdemeanor for purchasing, possessing, ortransporting a firearm; are disqualified from having a concealed handgunpermit; and may not be employed by a licensed firearms dealer. The bill alsoprovides that a person who transfers a firearm to a person he knows has beenserved with a warrant or who is the subject of a substantial risk order is guiltyof a Class 4 felony. The bill creates a computerized substantial risk orderregistry for the entry of orders issued pursuant to provisions in the bill.  

Bill Sponsors (9)

George L. Barker

  • Democratic
  • upper
  • 39
Primary

Scott A. Surovell

  • Democratic
  • upper
  • 36
Cosponsor

John J. Bell

  • Democratic
  • upper
  • 13
Cosponsor

Jennifer B. Boysko

  • Democratic
  • upper
  • 33
Cosponsor

Adam P. Ebbin

  • Democratic
  • upper
  • 30
Cosponsor

Barbara A. Favola

  • Democratic
  • upper
  • 31
Cosponsor

Janet D. Howell

  • Democratic
  • upper
  • 32
Cosponsor

Lynwood W. Lewis, Jr.

  • Democratic
  • upper
  • 6
Cosponsor

Joseph D. Morrissey

  • Democratic
  • upper
  • 16
Cosponsor

Votes


Actions


Apr 08, 2020

Office of the Governor

Approved by Governor-Chapter 888 (effective 7/1/20)

Mar 12, 2020

Senate

Enrolled Bill Communicated to Governor on March 12, 2020

Office of the Governor

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

Mar 07, 2020

Senate

Signed by President

Mar 06, 2020

House

Signed by Speaker

Mar 05, 2020

Senate

Enrolled

Senate

Impact statement from DPB (SB240ER)

Feb 28, 2020

Senate

Title replaced 20108809D-H1

Senate

House substitute agreed to by Senate (21-Y 17-N)

Feb 26, 2020

House

Engrossed by House - committee substitute SB240H1

House

Committee substitute agreed to 20108809D-H1

House

Read third time

House

VOTE: Passage (53-Y 47-N)

House

Passed House with substitute (53-Y 47-N)

Feb 25, 2020

House

Read second time

Feb 24, 2020

Senate

Impact statement from DPB (SB240H1)

Feb 21, 2020

Senate

Impact statement from VCSC (SB240H1)

House

House committee, floor amendments and substitutes offered

House

Reported from Public Safety with substitute (12-Y 8-N)

House

Committee substitute printed 20108809D-H1

Feb 13, 2020

House

Placed on Calendar

House

Referred to Committee on Public Safety

House

Read first time

Feb 09, 2020

Senate

Impact statement from DPB (SB240ES3)

Jan 23, 2020

Senate

Impact statement from VCSC (SB240S3)

Senate

Impact statement from VCSC (SB240ES3)

Jan 22, 2020

Senate

Read third time and passed Senate (21-Y 19-N)

Jan 21, 2020

Senate

Title replaced 20105922D-S3

Senate

Read second time

Senate

Committee substitute rejected 20105669D-S1

Senate

Substitute by Senator Morrisey withdrawn 20105857D-S2

Senate

Reading of substitute waived

Senate

Pending question ordered (27-Y 13-N)

Senate

Substitute by Senator Surovell 20105922D-S3 agreed to (21-Y 19-N)

Senate

Reading of amendment waived

Senate

Amendment #1 by Senator Norment ruled out of order

Senate

Amendment #2 by Senator Norment ruled out of order

Senate

Amendment #3 by Senator Norment agreed to

Senate

Reading of amendment waived

Senate

Amendment by Senator Surovell agreed to

Senate

Engrossed by Senate - floor substitute with amendments SB240ES3

Senate

Printed as engrossed 20105922D-ES3

Jan 20, 2020

Senate

Passed by for the day

Jan 17, 2020

Senate

Passed by for the day

Jan 16, 2020

Senate

Floor substitute printed 20105922D-S3 (Surovell)

Senate

Passed by for the day

Senate

Passed by temporarily

Jan 15, 2020

Senate

Floor substitute printed 20105857D-S2 (Morrissey)

Senate

Passed by for the day

Senate

Impact statement from DPB (SB240S1)

Jan 14, 2020

Senate

Constitutional reading dispensed (39-Y 0-N)

Senate

Impact statement from VCSC (SB240S1)

Jan 13, 2020

Senate

Committee substitute printed 20105669D-S1

Senate

Reported from Judiciary with substitute (9-Y 5-N)

Jan 08, 2020

Senate

Moved from Courts of Justice to Judiciary due to a change of the committee name

Jan 06, 2020

Senate

Impact statement from VCSC (SB240)

Jan 02, 2020

Senate

Referred to Committee on the Judiciary

Senate

Prefiled and ordered printed; offered 01/08/20 20103425D

Bill Text

Bill Text Versions Format
SB240S2 HTML
Impact statement from VCSC (SB240S3) HTML
Engrossed by Senate - floor substitute with amendments SB240ES3 HTML
Impact statement from VCSC (SB240H1) HTML
Bill text as passed Senate and House (SB240ER) HTML
Acts of Assembly Chapter text (CHAP0888) HTML

Related Documents

Document Format
Amendment: SB240ASR HTML
Amendment: SB240AS HTML

Sources

Data on Open States is updated nightly from the official website of the Virginia General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.