This bill, known as the Virginia Act of Assembly, seeks to amend and update certain sections of the Code of Virginia related to the transfer of firearms to prohibited individuals.
The first section, §18.2-308.1:4, focuses on the purchase or transportation of firearms by individuals who are subject to protective orders. It prohibits anyone who is subject to a protective order from purchasing or transporting any firearm while the order is in effect. This includes individuals with a concealed handgun permit, who are also prohibited from carrying a concealed firearm. Violation of this provision is considered a Class 1 misdemeanor.
In addition, this section makes it unlawful for someone under a protective order to possess a firearm while the order is in effect. However, there is a 24-hour grace period after being served with the order, during which the person may still possess and transport any firearms they already have. During this grace period, they can surrender the firearm to a law enforcement agency, sell or transfer it to a licensed firearms dealer or to a person who is not prohibited by law from possessing the firearm. Knowingly possessing a firearm in violation of this provision is a Class 6 felony.
When a protective order is issued, the court must inform the person subject to the order that a law enforcement officer may obtain a search warrant to search for any firearms in their possession. The court also orders the person subject to the protective order to surrender the firearm, sell or transfer it to a dealer or eligible person, and certify in writing within 48 hours that they no longer possess any firearms.
The second section, §18.2-308.1:8, deals with the purchase, possession, or transportation of firearms following a conviction for assault and battery of a family or household member. It specifies that anyone convicted of this offense cannot knowingly and intentionally purchase, possess, or transport any firearm after a misdemeanor conviction for assault and battery of a family or household member that occurred on or after July 1, 2021. This provision also applies to similar offenses under the laws of other states or the United States. Violation of this provision is a Class 1 misdemeanor.
The section defines "family or household member" to include spouses, former spouses, and individuals who have a child in common with the person, regardless of marital or cohabitation status.
Similar to the previous section, individuals prohibited from purchasing or possessing firearms under this provision are required to surrender the firearms, sell or transfer them to a dealer or eligible person, and certify in writing that they no longer possess any firearms. Failure to comply with these requirements is considered contempt of court.
Law enforcement agencies are immune from civil or criminal liability for any damage, loss, or theft of firearms that they take into custody, store, possess, or transport under these provisions.
The bill also requires law enforcement agencies within each judicial circuit to designate one or more local agencies to receive and store the surrendered firearms. The agencies must provide the address and hours of operation to individuals who are subject to protective orders or prohibited from purchasing, possessing, or transporting firearms.
Overall, this bill updates and clarifies the regulations surrounding the transfer of firearms to individuals under protective orders or with certain criminal convictions, with the aim of keeping firearms out of the hands of those who may pose a risk.