Passed Virginia Firearm Legislation SB240
Legislation Overview
Title: Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties.
Description: 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.
Session: 2020 Regular Session
Last Action: Governor: Acts of Assembly Chapter text (CHAP0888)
Last Action Date: April 8, 2020
Companion Bill: HB674
Sponsors
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
9 sponsors: George Barker (D); Joseph Morrissey (D); Scott Surovell (D); John Bell (D); Jennifer Boysko (D); Adam Ebbin (D); Barbara Favola (D); Janet Howell (D); Lynwood Lewis (D);
Percentage of Senate sponsoring bill: 23% (9 of 40)
History
| Chamber | Date | Action |
| Apr 8, 2020 | Governor: Acts of Assembly Chapter text (CHAP0888) | |
| Apr 8, 2020 | Governor: Approved by Governor-Chapter 888 (effective 7/1/20) | |
| Senate | Mar 12, 2020 | Enrolled Bill Communicated to Governor on March 12, 2020 |
| Mar 12, 2020 | Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020 | |
| Senate | Mar 7, 2020 | Signed by President |
| House | Mar 6, 2020 | Signed by Speaker |
| Senate | Mar 5, 2020 | Bill text as passed Senate and House (SB240ER) |
| Senate | Mar 5, 2020 | Enrolled |
| Senate | Feb 28, 2020 | House substitute agreed to by Senate (21-Y 17-N) |
| Senate | Feb 28, 2020 | Title replaced 20108809D-H1 |
| House | Feb 26, 2020 | Engrossed by House - committee substitute SB240H1 |
| House | Feb 26, 2020 | Passed House with substitute (53-Y 47-N) |
| House | Feb 26, 2020 | VOTE: Passage (53-Y 47-N) |
| House | Feb 26, 2020 | Read third time |
| House | Feb 26, 2020 | Committee substitute agreed to 20108809D-H1 |
| House | Feb 25, 2020 | Read second time |
| House | Feb 21, 2020 | Committee substitute printed 20108809D-H1 |
| House | Feb 21, 2020 | Reported from Public Safety with substitute (12-Y 8-N) |
| House | Feb 13, 2020 | Referred to Committee on Public Safety |
| House | Feb 13, 2020 | Read first time |
| House | Feb 13, 2020 | Placed on Calendar |
| Senate | Jan 22, 2020 | Read third time and passed Senate (21-Y 19-N) |
| Senate | Jan 21, 2020 | Engrossed by Senate - floor substitute with amendments SB240ES3 |
| Senate | Jan 21, 2020 | Read second time |
| Senate | Jan 21, 2020 | Committee substitute rejected 20105669D-S1 |
| Senate | Jan 21, 2020 | Substitute by Senator Morrisey withdrawn 20105857D-S2 |
| Senate | Jan 21, 2020 | Reading of substitute waived |
| Senate | Jan 21, 2020 | Pending question ordered (27-Y 13-N) |
| Senate | Jan 21, 2020 | Substitute by Senator Surovell 20105922D-S3 agreed to (21-Y 19-N) |
| Senate | Jan 21, 2020 | Reading of amendment waived |
| Senate | Jan 21, 2020 | Amendment #1 by Senator Norment ruled out of order |
| Senate | Jan 21, 2020 | Amendment #2 by Senator Norment ruled out of order |
| Senate | Jan 21, 2020 | Amendment #3 by Senator Norment agreed to |
| Senate | Jan 21, 2020 | Reading of amendment waived |
| Senate | Jan 21, 2020 | Amendment by Senator Surovell agreed to |
| Senate | Jan 21, 2020 | Title replaced 20105922D-S3 |
| Senate | Jan 21, 2020 | Printed as engrossed 20105922D-ES3 |
| Senate | Jan 20, 2020 | Passed by for the day |
| Senate | Jan 17, 2020 | Passed by for the day |
| Senate | Jan 16, 2020 | Floor substitute printed 20105922D-S3 (Surovell) |
| Senate | Jan 16, 2020 | Passed by for the day |
| Senate | Jan 16, 2020 | Passed by temporarily |
| Senate | Jan 15, 2020 | Floor substitute printed 20105857D-S2 (Morrissey) |
| Senate | Jan 15, 2020 | Passed by for the day |
| Senate | Jan 14, 2020 | Constitutional reading dispensed (39-Y 0-N) |
| Senate | Jan 13, 2020 | Reported from Judiciary with substitute (9-Y 5-N) |
| Senate | Jan 13, 2020 | Committee substitute printed 20105669D-S1 |
| Senate | Jan 8, 2020 | Moved from Courts of Justice to Judiciary due to a change of the committee name |
| Senate | Jan 2, 2020 | Referred to Committee on the Judiciary |
| Senate | Jan 2, 2020 | Prefiled and ordered printed; offered 01/08/20 20103425D |
Texts
| Type | Date | State Link | Text |
| Chaptered | Apr 8, 2020 | state link | bill text |
| Enrolled | Mar 5, 2020 | state link | bill text |
| Comm Sub | Feb 21, 2020 | state link | bill text |
| Engrossed | Jan 21, 2020 | state link | bill text |
| Amended | Jan 16, 2020 | state link | bill text |
| Amended | Jan 15, 2020 | state link | bill text |
| Comm Sub | Jan 13, 2020 | state link | bill text |
| Prefiled | Jan 2, 2020 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| There are no amendments to this bill at this time | |||||
Votes - Click on description to view vote roll call
| Description | Vote Date | Yea Votes | Nay Votes | No Votes | Absent | Passed |
| Senate: Reported from Judiciary with substitute (9-Y 5-N) | 01/13/2020 | 9 | 5 | 0 | 0 | Yes |
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| Senate: Constitutional readings dispensed (39-Y 0-N) | 01/14/2020 | 38 | 0 | 1 | 0 | Yes |
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| Senate: Pending question ordered (27-Y 13-N) | 01/21/2020 | 26 | 13 | 0 | 0 | Yes |
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| Senate: Substitute by Senator Surovell 20105922D-S3 agreed to (21-Y 19-N) | 01/21/2020 | 20 | 19 | 0 | 0 | Yes |
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| Senate: Read third time and passed Senate (21-Y 19-N) | 01/22/2020 | 20 | 19 | 0 | 0 | Yes |
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| House: Reported from Public Safety with substitute (12-Y 8-N) | 02/21/2020 | 12 | 8 | 1 | 1 | Yes |
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| resort votes by: party yeas nays name | ||||||
| House: VOTE: Passage (53-Y 47-N) | 02/26/2020 | 53 | 46 | 0 | 0 | Yes |
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| resort votes by: party yeas nays name | ||||||
| Senate: House substitute agreed to by Senate (21-Y 17-N) | 02/28/2020 | 20 | 17 | 2 | 0 | Yes |
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| resort votes by: party yeas nays name | ||||||
Link: link to state bill page
