Sunday, January 12, 2020

Fwd: VA-ALERT: Here are the bills coming up on Monday 1/13/20


---------- Forwarded message ---------
From: VCDL <President@vcdl.org>
Date: Fri, Jan 10, 2020, 22:43
Subject: VA-ALERT: Here are the bills coming up on Monday 1/13/20
To: <vcdl@alexanderofyork.com>


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Here are the gun-control bills that are coming up on Monday, January 13, at 8 am in the Senate Judiciary:

http://lis.virginia.gov/cgi-bin/legp604.exe?201+doc+S0310113
 

S.B. 12  (Universal Background Checks)

Patron: Saslaw

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 of firearms 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 (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buyback or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.

 

 

S.B. 22 

Patron: Saslaw (One handgun a month)

Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.

 

 

S.B. 35 

Patron: Surovell (bans guns for parades, marches, etc.)

Control of firearms by localities; permitted events. Authorizes any locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in a public space during a permitted event or an event that would otherwise require a permit. The bill contains technical amendments.

 

S.B. 69 

Patron: Locke (One handgun a month)

Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.

 

 

 

S.B. 70 

Patron: Lucas (Universal Background Checks)

 

Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill also provides that a transferee who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buy-back or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm may be transferred.

 

 

S.B. 240  (Red Flag law)

Patron: Barker

 

Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or any 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. If an emergency substantial risk order is issued, a judge or magistrate may issue a search warrant to remove firearms from such person. 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. 

 

 

S.B. 450 

Patron: Edwards (bans guns at Board of Supervisor meetings or City Council meetings)

Control of firearms; chambers of local governing bodies. Allows a locality to adopt an ordinance that prohibits firearms, ammunition, or components or a combination thereof at any regular or special meeting of its local governing body, provided that notice of such prohibition is publicly posted and the meeting room is owned, operated or used by the locality.

 

S.B. 505 

Patron: Edwards (Bans guns in local government buildings)

Control of firearms by localities; local government buildings. Authorizes a locality to adopt an ordinance prohibiting firearms, ammunition, or components or combination thereof in any building owned or used by such locality for governmental purposes. The bill requires such ordinance to include a provision for security measures designed to reasonably prevent unauthorized access of such buildings by a person with a firearm, ammunition, or components or combination thereof. The bill requires a locality to post notice of any such prohibition at all entrances of buildings used for governmental purposes.

 

S.B. 543 

Patron: Edwards (Closes non-existent "Gun show loophole")

Firearms shows; mandatory background check. Requires the Department of State Police to perform a criminal history record information check on the prospective purchaser or transferee prior to the completion of any firearms transaction at a firearms show held in the Commonwealth. Current law requires the Department of State Police to be available at every firearms show held in the Commonwealth to perform criminal history record information checks but does not require such checks to be performed unless requested by a party involved in the transaction.
 

S.B. 615 

Patron: Deeds (bans guns in local government buildings and in parks)

Control of firearms by localities; local government buildings and parks. Authorizes a locality to adopt an ordinance prohibiting firearms, ammunition, or components or combination thereof in any building owned or used by such locality for governmental purposes and in public parks owned by the locality. The bill requires such ordinance to include a provision for security measures designed to reasonably prevent unauthorized access of such buildings or parks by a person with a firearm, ammunition, or components or combination thereof. The bill requires a locality to post notice of any such prohibition at all entrances of buildings used for governmental purposes and at the main entrances to public parks owned by this locality.

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