16103476D
SENATE BILL NO. 323
Offered January 13, 2016
Prefiled January 8, 2016
A BILL to amend and reenact §18.2-308.1:4 of the Code of
Virginia, relating to transportation and possession of firearms; persons
subject to certain emergency protective orders; penalty.
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Patrons-- Favola and Howell; Delegates: Murphy and Simon
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That §18.2-308.1:4 of the Code of Virginia is amended and
reenacted as follows:
§18.2-308.1:4. Purchase, possession, or transportation of
firearm by persons subject to protective orders; penalty.
It is unlawful for any A. No person who is subject to
(i) a protective order entered pursuant to §16.1-253.1, 16.1-253.4,
16.1-278.2, 16.1-279.1, 19.2-152.8, 19.2-152.9, or 19.2-152.10; (ii) an order
issued pursuant to subsection B of §20-103; (iii) an order entered pursuant to
subsection E of §18.2-60.3; (iv) a preliminary protective order entered
pursuant to subsection F of §16.1-253 where a petition alleging abuse or
neglect has been filed; or (v) an order issued by a tribunal of another state,
the United States or any of its territories, possessions or commonwealths, or
the District of Columbia pursuant to a statute that is substantially similar to
those cited in clauses clause (i), (ii), (iii), or
(iv) to who has
been served with the protective order may purchase or
transport any firearm while the such order is in effect. Any
person with a concealed handgun permit shall be prohibited from carrying any
concealed firearm, and shall surrender his permit to the court entering the
order, for the duration of any protective order referred to herein.
B. No person who is
subject to an emergency protective
order issued pursuant to the requirements of subsection C of §18.2-57.2 who has
been served with the protective order may physically possess a
firearm while in the residence of the alleged victim or transport a firearm
while such order is in effect.
C. A violation of this section is a Class 1 misdemeanor.
2. That the provisions of this act may result in a net
increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4, the
estimated amount of the necessary appropriation is $0 for periods of
imprisonment in state adult correctional facilities and cannot be determined
for periods of commitment to the custody of the Department of Juvenile Justice.
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