Firearms

State (Virginia)
Virginia 2017 Regular Session

Brandishing a firearm; intent to induce fear, etc., penalty. [HB-2361]
Brandishing a firearm; intent; penalty. Requires that a person pointing, holding, or brandishing a firearm or similar weapon must have the intent to induce fear in the mind of another or know or reasonably should know that his conduct would induce such fear in order to be convicted of the crime of brandishing. Currently, the perpetrator's intent is not an element of the offense in the statute.

  

Sponsored by: Rep. Christopher Collins Stricken From Docket By Courts Of Justice By Voice Vote on 02/03/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearms; restoration of rights of convicted felons. [SB-1464]
Restoration of firearm rights; convicted felons. Requires the court to find by clear and convincing evidence that a convicted felon, whose civil rights have been restored by the Governor or other appropriate authority, petitioning for a permit to possess or carry a firearm is not a risk to public safety and poses no present or future danger to himself or others prior to granting the petition and issuing the permit. Current law provides for a standard of good cause shown. The bill requires the court to conduct a hearing on such petition, where current (continued...)

  

Sponsored by: Sen. Charles Carrico Committee Amendments on 01/23/2017

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State (Virginia)
Virginia 2017 Regular Session

Restricted firearm ammunition; use or attempted use in the commission of a crime, penalty. [SB-1444]
Restricted ammunition; use or attempted use in the commission of a crime; penalty. Provides that restricted firearms ammunition means any ammunition that has been banned or prohibited from commercial sale by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives or under federal law. Under current law, restricted firearms ammunition was defined as ammunition that are: (i) coated with or contain, in whole or in part, polytetrafluorethylene or a similar product, (ii) commonly known as "KTW" bullets or "French Arcanes," or (iii) any cartridges (continued...)

  

Sponsored by: Sen. Benton Chafin Left In Courts Of Justice on 02/21/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearms; transfers to a non-licensed dealer. [SB-1439]
Firearm transfers; penalties. Creates a Class 2 misdemeanor for a person who is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer. The bill also creates a Class 2 misdemeanor for a person who is not a licensed dealer to buy,rent, trade, or transfer a firearm from any other person who is not a licensed dealer. The bill exempts certain transfers, such as between immediate family members, by operation of law, at a firearms show with a voluntary background check, and when the transfer (continued...)

  

Sponsored by: Sen. Scott Surovell Passed By Indefinitely In Courts Of Justice (12-y 3-n) on 01/18/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearms; removal from persons posing substantial risk, penalties. [SB-1443]
Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which an attorney for the Commonwealth or law-enforcement officer may apply to a circuit court judge for a warrant to remove firearms from a person who poses a substantial risk of injury to himself or others. If firearms are seized pursuant to such warrant, the bill requires a court hearing within 14 days from execution of the warrant to determine whether the firearms should be returned or retained by law enforcement. Seized firearms may be retained by court (continued...)

  

Sponsored by: Sen. George Barker Failed To Report (defeated) In Courts Of Justice (5-y 10-n) on 01/18/2017

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State (Virginia)
Virginia 2017 Regular Session

Absentee voting; eligibility of persons whose polling place prohibits firearms. [SB-1441]
Absentee voting; eligibility of persons whose polling place prohibits firearms. Entitles any person who may otherwise lawfully carry a firearm to vote absentee if his polling place is located in a building or on property where such possession is prohibited by law or is prohibited by the owner of private property.

  

Sponsored by: Sen. Glen Sturtevant Left In Privileges And Elections on 02/21/2017

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State (Virginia)
Virginia 2017 Regular Session

Foster care; possession of firearm. [SB-1315]
Foster care; possession of firearm. Requires that possession of any firearms or other weapons in a foster home comply with federal and state laws and that the individual providing foster care services store all firearms, other weapons, and ammunition in a locked closet or cabinet unless they are being lawfully carried on the individual's person. The bill requires that the key or combination to the locked closet or cabinet be maintained out of the reach of all children in the home.

  

Sponsored by: Sen. Charles Carrico Governor: Vetoed By Governor on 04/27/2017

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State (Virginia)
Virginia 2017 Regular Session

Victims of domestic violence, etc.; firearms safety or training course. [SB-1300]
Victims of domestic violence, etc.; firearms safety or training course. Creates the Virginia Firearms Safety and Training for Sexual and Domestic Violence Victims Fund. The bill provides that the Department of Criminal Justice Services may distribute funds from the Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, or family abuse. The Department would not be permitted to issue reimbursements in excess of the amount (continued...)

  

Sponsored by: Sen. Jill Vogel Requires 27 Affirmative Votes To Override Veto on 04/05/2017

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State (Virginia)
Virginia 2017 Regular Session

Concealed handguns; protective orders. [SB-1299]
Carrying concealed handguns; protective orders. Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. The bill provides that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified (continued...)

  

Sponsored by: Sen. Jill Vogel Requires 27 Affirmative Votes To Override Veto on 04/05/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearms; access by children, penalty. [SB-1266]
Firearms; access by children; penalty. Provides that it is a Class 1 misdemeanor to knowingly authorize a child age four or younger to use or handle a firearm.

  

Sponsored by: Sen. Adam Ebbin Passed By Indefinitely In Courts Of Justice (8-y 7-n) on 01/18/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearms; carrying in public while intoxicated, etc., penalty. [SB-1267]
Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person who is intoxicated or under the influence of illegal drugs to carry a loaded firearm on or about his person in a public place and that a person found guilty is ineligible to apply for a concealed handgun permit for a period of five years. Current law provides that such prohibition applies only to persons permitted to carry a concealed handgun. The bill also creates a Class 2 misdemeanor for a person who carries a loaded firearm on or about his person onto the premises (continued...)

  

Sponsored by: Sen. Adam Ebbin Committee Amendments on 01/18/2017

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State (Virginia)
Virginia 2017 Regular Session

Use or display of firearm in committing felony; penalty. [HB-2253]
Use or display of firearm in committing felony; penalty. Increases from three to five years for a first offense and from five to 10 years for a second or subsequent offense the mandatory minimum sentences for use or display of a firearm during the commission of certain felonies.

  

Sponsored by: Rep. L. Scott Lingamfelter Left In Courts Of Justice on 02/07/2017

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State (Virginia)
Virginia 2017 Regular Session

Retail establishments and restaurants; posting of signs relating to firearms policy. [HB-2266]
Retail establishments and restaurants; posting of signs relating to firearms policy. Provides that if a retail establishment or restaurant has a policy that permits the carrying of firearms onto the premises, the proprietor or other person in charge of the retail establishment or restaurant must post in an appropriate place, in a clear, conspicuous, and sufficient manner, a "Firearms Permitted" sign. The bill imposes a civil penalty of not more than $25 for failure to post such signs, to be paid into the Literary Fund.

  

Sponsored by: Rep. L. Kaye Kory Left In Militia, Police And Public Safety on 02/07/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearms; selling, bartering, etc., to persons not lawfully present in United States, penalty. [HB-2079]
Sale of firearms; persons not lawfully present in United States; penalty. Provides that the crime of selling, bartering, giving, or furnishing or possessing with the intent to sell, barter, give, or furnish a firearm to a person knowing that such person is prohibited from possessing or transporting a firearm because he is not lawfully present in the United States also applies to selling, bartering, giving, or furnishing an assault firearm to a person prohibited from possessing or transporting an assault firearm because he is not lawfully admitted (continued...)

  

Sponsored by: Rep. Tony Wilt Left In Militia, Police And Public Safety on 02/07/2017

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State (Virginia)
Virginia 2017 Regular Session

Emergency Services and Disaster Law of 2000; reference to firearms, emergency shelter. [HB-2077]
Emergency Services and Disaster Law of 2000; firearms; emergency shelter. Removes the authority of a governmental entity under the Emergency Services and Disaster Law of 2000 to limit lawful possession, carrying, transportation, sale, or transfer of firearms in any place or facility used by the governmental entity as an emergency shelter.

  

Sponsored by: Rep. Tony Wilt House Sustained Governor's Veto on 04/05/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearm transfers; criminal history record information checks, penalty. [SB-1194]
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an (continued...)

  

Sponsored by: Sen. Jennifer McClellan Passed By Indefinitely In Courts Of Justice (12-y 3-n) on 01/18/2017

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State (Virginia)
Virginia 2017 Regular Session

Localities; regulation of firearms in government buildings. [HB-2094]
Localities; regulation of firearms in government buildings. Allows localities to regulate the possession of firearms, ammunition, or components or combination thereof in, or the carrying of firearms, ammunition, or components or combination thereof into, any building owned or used by such locality for governmental purposes. Current law prohibits localities from adopting or enforcing any ordinance, resolution, or motion regarding firearms, ammunition, or components or combination thereof unless expressly authorized by statute.

  

Sponsored by: Rep. Vivian Watts Left In Militia, Police And Public Safety on 02/07/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearms; person to report loss or theft within 24 hours. [SB-1185]
Reporting lost or stolen firearms. Requires a person who lawfully possesses a firearm to report the loss or theft of the firearm to any local law-enforcement agency or the Department of State Police within 24 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The bill requires the relevant law-enforcement agency to enter the report information into the National Crime Information Center (NCIC). A violation is punishable by a $50 civil penalty for a first offense and a civil (continued...)

  

Sponsored by: Sen. Jennifer McClellan Passed By Indefinitely In Courts Of Justice (11-y 4-n) on 01/18/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearm transfers; criminal history record information checks required, penalty. [HB-2187]
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an (continued...)

  

Sponsored by: Sen. Jennifer Boysko Left In Militia, Police And Public Safety on 02/07/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearms, certain; possession by minors, parental permission, penalty. [HB-2098]
Relating to possession of certain firearms by minors; parental permission; penalty.Requires any minor who possesses certain firearms in the home or on the property of his parent, grandparent, or legal guardian to have prior permission from such parent, grandparent, or legal guardian.

  

Sponsored by: Sen. Jennifer Boysko Left In Militia, Police And Public Safety on 02/07/2017

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