SB 479

  • Virginia Senate Bill
  • 2020 Regular Session
  • Introduced in Senate Jan 07, 2020
  • Passed Senate Jan 28, 2020
  • Passed House 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 SB 372 and is identical to HB 1004.

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 SB 372 and is identical to HB 1004.

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 two years)from knowingly possessing a firearm while the order is in effect, provided thatfor a period of 24 hours after being served with a protective order such personmay continue to possess such firearm for the purposes of selling ortransferring it to any person who is not otherwise prohibited by law frompossessing such firearm. A violation of this provision is a Class 6 felony. Thebill also provides that a court shall order a person subject to a permanentprotective order to (i) within 24 hours, surrender any firearm possessed bysuch person to a designated local law-enforcement agency or sell or transferany firearm possessed by such person to a dealer or to any person who is nototherwise prohibited by law from possessing such firearm and (ii) certify inwriting that such person does not possess any firearms or that all firearmspossessed by such person have been surrendered, sold, or transferred and filesuch certification with the clerk of the court that entered the protectiveorder within 48 hours after being served with a protective order. The billprovides that any person who fails to certify in writing in accordance withthis section that all firearms possessed by such person have been surrendered,sold, or transferred or that such person does not possess any firearms isguilty of a Class 1 misdemeanor. The bill provides procedures for designating alocal law-enforcement agency to receive and store firearms, as well as aprocess to return such surrendered firearms. The bill also makes it a Class 4 felonyfor any person to sell, barter, give, or furnish any firearm to any person heknows is prohibited from possessing or transporting a firearm who is thesubject to a permanent protective order.

Bill Sponsors (4)

Votes


Actions


Apr 22, 2020

Senate

Senate concurred in Governor's recommendation (20-Y 18-N)

House

Enacted, Chapter 1260 (effective 7/1/20)

House

Signed by Speaker as reenrolled

Senate

Signed by President as reenrolled

Senate

Reenrolled bill text (SB479ER2)

Senate

Reenrolled

Office of the Governor

Governor's recommendation adopted

House

VOTE: (50-Y 42-N)

House

House concurred in Governor's recommendation (50-Y 42-N)

Apr 11, 2020

Senate

Governor's recommendation received by Senate

Mar 12, 2020

Office of the Governor

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

Senate

Enrolled Bill Communicated to Governor on March 12, 2020

Mar 06, 2020

Senate

Impact statement from DPB (SB479ER)

House

Signed by Speaker

Senate

Signed by President

Senate

Enrolled

Mar 02, 2020

Senate

Title replaced 20108989D-S1

Senate

House substitute agreed to by Senate (21-Y 19-N)

Feb 28, 2020

Senate

Passed by for the day

Senate

Impact statement from DPB (SB479H1)

Feb 26, 2020

House

Committee amendment rejected

Senate

Impact statement from VCSC (SB479H1)

House

Read third time

House

Substitute by Delegate Mullin agreed to 20108989D-H1

House

Engrossed by House - floor substitute SB479H1

House

Passed House with substitute (56-Y 41-N)

House

VOTE: Passage (56-Y 41-N)

Feb 25, 2020

House

Floor substitute printed 20108989D-H1 (Mullin)

House

Read second time

Feb 21, 2020

House

Reported from Public Safety with amendment (15-Y 6-N)

Feb 18, 2020

House

Referred to Committee on Public Safety

House

Read first time

House

Placed on Calendar

Jan 28, 2020

Senate

Read third time and passed Senate (23-Y 17-N)

Jan 27, 2020

Senate

Read second time

Senate

Engrossed by Senate - committee substitute SB479S1

Senate

Committee substitute agreed to 20106476D-S1

Senate

Reading of substitute waived

Senate

Impact statement from DPB (SB479S1)

Jan 24, 2020

Senate

Constitutional reading dispensed (39-Y 0-N)

Jan 23, 2020

Senate

Impact statement from VCSC (SB479S1)

Jan 22, 2020

Senate

Incorporates SB372 (Saslaw)

Senate

Impact statement from DPB (SB479)

Senate

Committee substitute printed 20106476D-S1

Senate

Reported from Judiciary with substitute (10-Y 4-N)

Jan 08, 2020

Senate

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

Senate

Impact statement from VCSC (SB479)

Jan 07, 2020

Senate

Referred to Committee on the Judiciary

Senate

Prefiled and ordered printed; offered 01/08/20 20103357D

Bill Text

Bill Text Versions Format
Impact statement from VCSC (SB479) HTML
Impact statement from VCSC (SB479S1) HTML
Impact statement from VCSC (SB479H1) HTML
Bill text as passed Senate and House (SB479ER) HTML
Reenrolled bill text (SB479ER2) HTML
Acts of Assembly Chapter text (CHAP1260) HTML

Related Documents

Document Format
Amendment: SB479AHR HTML
Amendment: SB479AH HTML
Amendment: SB479AG HTML

Sources

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