The General Assembly Firearms Overview

Vetoes are starting to roll in, as the gun legislation continues to move through the General Assembly and across Governor’s McAuliffe desk.

April 11, 2016; 10:46 AM • by Susan Howson

Photo by: Scott Beale

Update #2 — April 11, 2016; 10:45 AM

As of April 11th, the score has shifted only slightly, with Gov. McAuliffe vetoing HB 382, which would have prohibited state agencies from ever making any rules that prohibit their employees from keeping guns in their cars. His veto statement is under the bill below.

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Anti:

Alive: 7
Dead: 25
Incorporated: 2

Pro:

Alive: 10
Dead: 16
Incorporated: 4

See below to see which ones are still fighting for their lives in the Hunger Games arena and/or the General Assembly.

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Original

The General Assembly has a whole lot of gun-related legislation on its plate this year. We rounded everything up and listed it below.

Reading through all the brief descriptions (thank goodness for GA tracker Richmond Sunlight) will give you a sense of the complicated game of Stratego that is going on with gun control. From undermining federal laws to finding loopholes in existing state ones–tightening rules over here while loosening them over here–it’s all there.

We’ll update as these bills go through the process.

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Anti and Still Alive

That is, every bill that either aims to restrict gun access and heighten penalties. This list includes ones that are still making their way through the process.

HB809 — Firearms; person to report loss or theft to any local law-enforcement agency or VSP

Richmond Sunlight Description: 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 applies to assault firearms. Amends § 18.2-308.2:1, of the Code of Virginia.

Patron: Del. Scott Lingamfelter (R-Woodbridge)

Status: Passed committee

SB49 — Protective orders; prohibits person who is subject to order from possessing firearms, penalty

Richmond Sunlight Description: Prohibits a person who is subject to a protective order from possessing a firearm; currently, such person is only prohibited from purchasing or transporting a firearm. Such conduct is punishable as a Class 1 misdemeanor. Amends § 18.2-308.1:4, § 18.2-308.2:3, of the Code of Virginia.

Patron: Sen. Janet Howell (D-Reston) and Del. Marcus Simon (D-Falls Church)

Status: Signed by governor

SB187 — Transfer of firearms; permit required

Richmond Sunlight Description: Requires the Department of State Police to establish procedures for issuing firearms transfer permits and provides that a person, other than a licensed dealer, who willfully and intentionally transfers a firearm to a person without a permit is guilty of a Class 1 misdemeanor. Amends § 18.2-308.2:2, of the Code of Virginia.

Patron: Sen. Dave Marsden (D-Burke)

Status: In committee

SB214 — Firearms; Terrorist Screening Database check prior to purchase

Richmond Sunlight Description: Requires a check of the Terrorist Screening Database prior to purchasing a firearm from a dealer. The State Police will be required to consult with the Terrorist Screening Center to determine if a potential firearms purchaser is in the Database. A person whose name is in the Database will be disqualified from purchasing a firearm. A second enactment clause provides that the bill will not go into effect unless the U.S. Department of Justice approves the policies and procedures set out in the bill.

Patron: Sen. Barbara Favola (D-Arlington), Del. Kaye Kory (D-Falls Church), and Del. Marcus Simon (D-Falls Church)

Status: In committee

SB263 — Firearms; purchase by persons intending to commit act of terrorism, penalty

Richmond Sunlight Description: Provides that any person who, having the present intention to commit, conspire to commit, or aid and abet in the commission of an act of terrorism, purchases a firearm is guilty of a Class 1 misdemeanor and any person who sells a firearm to a person who has expressed such an intention is guilty of a Class 4 felony. The bill provides that any such person shall also be disqualified from obtaining a concealed handgun permit. The bill further provides that any person who is listed on the consolidated Terrorist Watchlist maintained by the Terrorist Screening Center administered by the Federal Bureau of Investigation is disqualified from obtaining a concealed handgun permit. A second enactment clause provides that the provisions related to the Terrorist Watchlist will not go into effect unless the U.S. Department of Justice approves the policies and procedures set out in the bill. Amends § 18.2-308.2:1, § 18.2-308.2:3, of the Code of Virginia.

Patron: Sen. Scott Surovell (D-Mount Vernon)

Status: In committee

SB323 — Firearms; possession or transportation when served with a protective order, penalty

Richmond Sunlight Description: Creates a Class 1 misdemeanor for (i) the physical possession of a firearm while in the residence of the alleged victim of a person who has been served with an emergency protective order issued as a result of an assault and battery against a family or household member or (ii) the transport of a firearm by such person while the order is in effect. The bill also provides that in order to be convicted of the existing Class 1 misdemeanor of purchasing or transporting a firearm when subject to a protective order, the person must have been served with the order. Amends § 18.2-308.1:4, of the Code of Virginia.

Patron: Sen. Barbara Favola (D-Arlington), Del. Kathleen Murphy (D-McLean), Del. Marcus Simon (D-Falls Church), and Sen. Janet Howell (D-Reston)

Status: Passed senate

SB546 — Possession or transportation of firearms following convictions for certain misdemeanor crimes

Richmond Sunlight Description: Possession or transportation of firearms following convictions for certain misdemeanor crimes; penalty. Prohibits a person who has been convicted of misdemeanor sexual battery or assault and battery where the victim is a family or household member from possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. Amends § 18.2-308.2:1, § 18.2-308.2:2, § 18.2-308.2:3, § 19.2-386.28, of the Code of Virginia.

Patron: Sen. Barbara Favola (D-Arlington)

Status: In committee

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Anti and Shot Down

The bills that are no longer on the table, having failed to pass committee, subcommittee, house, and/or senate.

HB128 — Weapons; possession prohibited in state legislative buildings, penalty

Richmond Sunlight Description: Prohibits the possession of weapons in legislative buildings. The bill provides that the Capitol Police shall conduct screenings of any person entering such building. The prohibition does not apply to law-enforcement officers.

Patron: Del. Patrick Hope (D-Arlington)

Status: Dead

HB149 — Concealed handgun permits; individuals on federal Terrorist Screening Database

Richmond Sunlight Description: Prohibits individuals who are on the federal Terrorist Screening Database from obtaining a concealed handgun permit. The bill requires the State Police to consult with the FBI’s Terrorist Screening Center to receive the Terrorist Screening Database report. A second enactment clause provides that the bill will not go into effect unless the U.S. Department of Justice approves the policies and procedures set out in the bill.

Patron: Del. Marcus Simon (D-Falls Church), Del. Patrick Hope (D-Arlington), Del. Kaye Kory (D-Falls Church), and Sen. Adam Ebbin (D-Alexandria)

Status: Dead

HB368 – Firearms; disposition of those acquired by localities

Richmond Sunlight Description: Provides that a locality is not required to offer for sale certain firearms that are surrendered to a locality accompanied by a signed request that the firearm be destroyed. Amends § 15.2-915.5, of the Code of Virginia.

Patron: Del. Glenn Davis (R-Virginia Beach)

Status: Dead

HB422 — Firearms businesses; local regulation of dealers in proximity of schools

Richmond Sunlight Description: Authorizes any locality to adopt an ordinance regulating or prohibiting anyone from engaging in the business of selling firearms at retail, providing gunsmithing services, or operating a sports shooting range, within 1,000 feet of a school.

Patron: Del. Kathleen Murphy (D-McLean) and Del. Marcus Simon (D-Falls Church)

Status: Dead

HB423 — Firearms; possession in school zone, penalty

Richmond Sunlight Description: Provides, with certain exceptions, that an individual who knowingly possesses any firearm while such person is in a school zone, defined by the bill as the area within a distance of 1,000 feet from a school, is guilty of a Class 1 misdemeanor. An individual is permitted to possess a firearm in a school zone if (i) he is on private property, (ii) he possesses a valid concealed handgun permit, (iii) the firearm is unloaded and is in either a closed container or a locked firearms rack in or upon a motor vehicle, (iv) he possesses a firearm as part of the school’s curriculum or activities or as part of a school-sponsored or school-authorized program, (v) he possesses such firearm in accordance with a contract with the school, or (vi) he is a law-enforcement officer or armed security officer hired by a private or religious school.

Patron: Del. Marcus Simon (D-Falls Church), Del. Lamont Bagby (D-Richmond), Del. Jennifer Boysko (D-Herndon), Del. Patrick Hope (D-Arlington), Del. Kaye Kory (D-Falls Church), Del. Paul Krizek (D-Alexandria), Del. Delores McQuinn (D-Richmond), Del. Ken Plum (D-Reston), Del. Rip Sullivan (D-Arlington), Del. David Toscano (D-Charlottesville)

Status: Dead

HB424 — Firearms; possession in school zone, regulation by locality

Richmond Sunlight Description: Authorizes a locality to adopt an ordinance prohibiting an individual from knowingly possessing any firearm while such person is in a school zone, which is defined as the area within a distance of 1,000 feet of a school. Such ordinance shall not apply to (i) an individual who is on private property, (ii) an individual who possesses a valid concealed handgun permit, (iii) a firearm that is unloaded and is either in a closed contained or a locked firearms rack in or upon a motor vehicle, (iv) an individual who possesses a firearm as part of the school’s curriculum or activities or as part of a school-sponsored or school-authorized program, (v) an individual who possesses such firearm in accordance with a contract with the school, or (vi) a law-enforcement officer or armed security officer hired by a private or religious school. The penalty for an offense set forth in such ordinance shall not exceed a Class 1 misdemeanor.

Patron: Del. Marcus Simon (D-Falls Church), Del. Kathleen Murphy (D-McLean), Del. Rip Sullivan (D-Arlington), Sen. Barbara Favola (D-Arlington), and Sen. Janet Howell (D-Reston)

Status: Dead

HB425 — Firearms; prohibits person in Terrorist Screening Database to purchase, etc

Richmond Sunlight Description: Prohibits a person who knows or has reason to know that he is in the federal Terrorist Screening Database of the Terrorist Screening Center administered by the FBI (the Database) from purchasing, possessing, or transporting a firearm. The bill disqualifies any person in the Database from obtaining a concealed handgun permit. The bill prohibits selling firearms to any person in the Database and requires dealers to obtain a Database check before transferring a firearm. The bill requires State Police to consult with the Terrorist Screening Center to determine if a potential firearm purchaser is in the Database. A second enactment clause provides that the bill will not go into effect unless the U.S. Department of Justice approves the policies and procedures set out in the bill. Amends § 18.2-308.2:1, § 18.2-308.2:2, § 18.2-308.2:3, of the Code of Virginia.

Patron: Del. Marcus Simon (D-Falls Church), Del. Lamont Bagby (D-Richmond), Del. Jennifer Boysko (D-Herndon), Del. Kaye Kory (D-Falls Church), Del. Delores McQuinn (D-Richmond), Del. Ken Plum (D-Reston), and Del. Rip Sullivan (D-Arlington)

Status: Dead

HB439 — Increases the mandatory minimum sentences for use or display of a firearm during the commission of certain felonies from three to five years for a first offense and from five to ten years for a second or subsequent offense. Amends § 18.2-53.1, of the Code of Virginia

Richmond Sunlight Description: Increases the mandatory minimum sentences for use or display of a firearm during the commission of certain felonies from three to five years for a first offense and from five to ten years for a second or subsequent offense. Amends § 18.2-53.1, of the Code of Virginia.

Patron: Del. Scott Lingamfelter (R-Woodbridge)

Status: Dead

HB482 — Transfer of firearms; criminal history record information check, penalties

Richmond Sunlight Description: Adds a definition of “firearms show vendor” or “vendor” and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also requires that the promoter of a firearms show provide vendors access to licensed dealers who will conduct the criminal history record information check. Amends § 54.1-4200, § 54.1-4201.1, of the Code of Virginia.

Patron: Del. Kaye Kory (D-Falls Church)

Status: Dead

HB599 — Transfer of firearms; criminal history record information check; penalties

See HB482.

Status: Dead

HB617 — Concealed handgun permit; demonstration of competence

Richmond Sunlight Description: Removes the option for concealed handgun permit applicants to demonstrate competence with a handgun by completing an electronic, video, or online course conducted by a state-certified or National Rifle Association-certified firearms instructor. The bill does not affect any in person means of satisfying the requirement to demonstrate competence with a handgun under current law.

Patron: Del. John Bell (D-Chantilly)

Status: Dead

HB632 — Transfer of firearms; criminal history record information check, penalties

See HB482.

Status: Dead

HB658 — Protective orders; possession of firearms; penalty

Richmond Sunlight Description: Prohibits a person who is subject to a protective order from possessing a firearm, punishable as a Class 1 misdemeanor for a first or second offense and a Class 6 felony for a third or subsequent offense. Currently, such person is prohibited only from purchasing or transporting a firearm. Amends § 18.2-308.1:4, § 18.2-308.2:3, of the Code of Virginia.

Patron: Del. Eileen Filler-Corn (D-Fairfax Station)

Status: Dead

SB95 — Use of firearm in commission of crime; civil liability

Richmond Sunlight Description: Provides that a person may be held civilly liable for injury to the person or property of another or for wrongful death resulting from the use of a firearm in the commission of a crime if it can be shown by clear and convincing evidence that the firearm came into the possession of the person who committed the crime because of the failure of the civil defendant to adequately secure the firearm from theft or unauthorized possession.

Patron: Sen. Dave Marsden (D-Burke)

Status: Dead

SB97 — Handguns; establishes limitation on purchases, penalty

Richmond Sunlight Description: 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) law-enforcement agencies and officers, (ii) state and local correctional facilities, (iii) licensed private security companies, (iv) persons who hold a valid Virginia concealed handgun permit, (v) persons whose handgun has been stolen or who are trading in a handgun, (vi) purchases of handguns in a private sale, and (vii) purchases of antique firearms. Amends § 18.2-308.2:2, of the Code of Virginia.

Patron: Sen. Dave Marsden (D-Burke)

Status: Dead

SB138 — Firearms retailers; local regulation, proximity to schools

Patron: Sen. Barbara Favola (D-Arlington) and Del. Rip Sullivan (D-Arlington)

Status: Dead

SB184 — Firearms magazines, certain; prohibition of sale, transfer, etc., penalties

Richmond Sunlight Description: Prohibits any person from selling, bartering, or transferring a firearms magazine designed to hold more than 10 rounds of ammunition. A violation is a Class 1 misdemeanor. The bill prohibits a person from carrying semi-automatic center-fire firearms with more than 10 rounds of ammunition in a public place; under existing law this prohibition applies only in certain localities and only to such firearms if the firearm holds more than 20 rounds of ammunition. The bill redefines “assault firearm” in the Code section that prohibits noncitizens and persons not lawfully admitted for permanent residence from possessing assault firearms and in the Code section that prohibits dealers from transferring an assault firearm to such persons by reducing the number of rounds of ammunition that the magazine will hold from more than 20 to more than 10. The rounds of ammunition are also reduced from more than 20 to more than 10 in the section that makes it unlawful for a person younger than 18 years of age to possess an assault firearm. Amends § 16.1-278.9, § 18.2-287.4, § 18.2-308.2:01, § 18.2-308.2:2, § 18.2-308.7, § 18.2-308.8, of the Code of Virginia.

Patron: Sen. Dave Marsden (D-Burke)

Status: Dead

SB185 — Firearms, loaded; prohibits carrying certain firearms in public places, exception

Richmond Sunlight Description: Prohibits the carrying of certain loaded firearms in public places. Concealed handgun permit holders, law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, persons hunting, and persons at shooting ranges are exempt. The bill narrows the definition of a firearm and makes the prohibition, which previously applied only to certain localities, apply statewide. Amends § 18.2-287.4, of the Code of Virginia.

Patron: Sen. Dave Marsden (D-Burke)

Status: Dead

SB186 — Concealed handgun permits; proof of competence, training courses

Richmond Sunlight Description: Makes various changes to the types of training courses permitted to satisfy the requirement to demonstrate competence with a handgun in order to obtain a concealed handgun permit, including (i) requiring that a National Rifle Association (NRA) or Department of Criminal Justice Services (DCJS) training course focus on the use and handling of a concealed handgun; (ii) requiring that a law-enforcement officer qualify to carry a handgun rather than a firearm in the course of normal police duties; and (iii) requiring that online NRA or DCJS training courses be synchronous. The bill eliminates as proof of demonstrated competence with a handgun (a) completing a hunter education or safety course; (b) completing a law-enforcement firearms safety or training course offered to security guards, investigators, special deputies, or any other division of law enforcement or security enforcement; and (c) having previously held a concealed handgun permit. The bill also provides that any proof of demonstrated competence with a handgun shall expire five years from the date of completion of such course or class.

Patron: Sen. Dave Marsden (D-Burke)

Status: Dead

SB199 — Transfer of firearms; criminal history record information check, penalties

Patron: Sen. Louise Lucas (D-Portsmouth)

Status: Dead

SB217 — Firearm or pneumatic gun; allowing access by children, penalty

Richmond Sunlight Description: Provides that it is a Class 1 misdemeanor to knowingly authorize a child age six or younger to use a firearm or pneumatic gun. Amends § 18.2-56.2, of the Code of Virginia.

Patron: Sen. Dave Marsden (D-Burke)

Status: Dead

SB220 — Firearm transfers; penalties

Richmond Sunlight Description: 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, and when the transfer is temporary and is necessary to prevent imminent death or great bodily harm or occurs while in the continuous presence of the owner of the firearm.

Patron: Sen. Don McEachin (D-Richmond), Del. Lamont Bagby (D-Richmond), Del. Delores McQuinn (D-Richmond), Del. Ken Plum (D-Reston), Del. Marcus Simon (D-Falls Church), Sen. Adam Ebbin (D-Alexandria), Sen. Barbara Favola (D-Arlington), Sen. Janet Howell (D-Reston), Sen. Mamie Locke (D-Hampton), and Sen. Dick Saslaw (D-Springfield)

Status: Dead

SB260 — Concealed handgun permit; disqualifications, residential mental health or substance abuse treatment

Richmond Sunlight Description: Provides that a person is disqualified from obtaining a concealed handgun permit if he has received mental health or substance abuse treatment in a residential setting within five years before or after the date of his application for the permit. Currently, such disqualification applies only if the treatment occurred within five years prior to the date of his application for the permit. The bill provides that the State Police, a local law-enforcement agency, or an attorney for the Commonwealth, upon receipt of information that a permit holder is disqualified because of such treatment, shall notify the court that issued the permit. If the court finds that the permit holder is in fact disqualified because of such treatment, the court shall revoke the permit.

Patron: Sen. Scott Surovell (D-Mount Vernon)

Status: Dead

SB300 — Firearms, loaded; carrying in public while under influence

Richmond Sunlight Description: Provides that it is a Class 1 misdemeanor for a person who is under the influence of alcohol or 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. The bill also creates a Class 2 misdemeanor for a person who carries a loaded firearm on or about his person onto the premises of any restaurant or club licensed to sell and serve alcoholic beverages for on-premises consumption and consumes an alcoholic beverage while on the premises. Amends § 18.2-308, of the Code of Virginia.

Patron: Sen. Adam Ebbin (D-Alexandria)

Status: Dead

SB302 — Firearms; access by children; penalty

Richmond Sunlight Description: Provides that it is a Class 1 misdemeanor to knowingly authorize a child age four or younger to use a firearm or pneumatic gun. Amends § 18.2-56.2, of the Code of Virginia.

Patron: Sen. Adam Ebbin (D-Alexandria)

Status: Dead

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Anti and Incorporated

Bills that have been folded into other bills.

SB96 — Protective orders; possession of firearms; penalty

Patron: Sen. Dave Marsden (D-Burke) and Del. Marcus Simon (D-Falls Church)

Status: Incorporated

SB301 — Transfer of firearms; criminal history record information check; penalties

See HB482.

Status: Incorporated

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Pro and Still Alive

Everything that increases access to guns or makes it legal for gun owners to carry their weapons in more scenarios. This list includes bills that are still making their way through the process.

HB51/SB615 — Weapons other than handguns; purchase by certain officers

Richmond Sunlight Description: Allows officers of certain agencies to purchase, at a fair market price and with approval of the agency head, weapons other than handguns that are issued for personal use of an officer so long as the weapon is a type and configuration that can be purchased at a regular hardware or sporting goods store by a private citizen without restrictions other than the instant background check. Current law allows this type of purchase only for the Department of State Police.

Patron: Del. Jackson Miller (R-Manassas)

Status: Signed by governor

HB90 — Virginia National Guard; possession of handguns by members at certain facilities

Richmond Sunlight Description: Allows a member of the Virginia National Guard to possess a concealed handgun at National Guard facilities and facilities under contract with the National Guard if such member has a valid concealed handgun permit. The bill also provides that the member’s commanding officer may prohibit the member from possessing a concealed handgun while participating in any training or other exercises where the commanding officer reasonably determines that such possession would interfere with the conduct of such training or other exercises.

Patron: Del. Scott Taylor (R-Virginia Beach)

Status: Passed senate

HB206 – Firearms, certain; identification requirement

Richmond Sunlight Description: Allows Virginia residents to purchase a firearm by presenting only one photo-identification form issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense that demonstrates that the prospective purchaser resides in Virginia. The bill provides that a member of the armed forces whose photo identification issued by the Department of Defense does not have a Virginia address may establish his Virginia residency with such photo identification and permanent orders assigning the purchaser to a duty post, including the Pentagon, in Virginia. Current law requires photo identification and another document that establishes residency, such as a lease or utility bill, and that includes an address that matches the photo identification. Amends § 18.2-308.2:2, of the Code of Virginia.

Patron: Del. Michael Webert (R-Marshall)

Status: Passed senate

HB332 — Concealed handgun permit; judges exempt

Richmond Sunlight Description: Provides that a judge or retired judge of the Commonwealth may carry a concealed handgun throughout the Commonwealth without a permit. Amends § 18.2-308, of the Code of Virginia.

Patron: Del. Jackson Miller (R-Manassas)

Status: Passed senate

HB560 — Brandishing a firearm; intent to induce fear, etc., penalty

Richmond Sunlight Description: Requires that a person pointing, holding, or brandishing a firearm or similar weapons 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. Amends § 18.2-282, of the Code of Virginia.

Patron: Del. Scott Lingamfelter (R-Woodbridge)

Status: Passed senate

HB766 — Concealed handguns; carrying with a valid protective order

Richmond Sunlight Description: 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 application, which shall serve as a de facto concealed handgun permit. The bill requires such person to have the order or certified application and photo identification on his person when carrying a concealed handgun and to display them upon demand by a law-enforcement officer; failure to do so is punishable by a $25 civil penalty.

Patron: Del. Todd Gilbert (R-Woodstock)

Status: Passed senate

HB784 — Firearms; possession by persons adjudicated delinquent, military service exception

Richmond Sunlight Description: Provides that individuals who have previous adjudications of delinquency and have either completed a term of enlistment of no less than one year in the Armed Forces of the United States or received an honorable discharge from the Armed Forces of the United States are not disqualified from obtaining a concealed handgun permit and may possess or transport any firearm or ammunition for a firearm, any stun weapon, or any explosive material. Amends § 18.2-308.2, of the Code of Virginia.

Patron: Del. Les Adams (R-Chatham)

Status: Signed by governor

HB810 — Assault weapon; transfer of firearm, proof of citizenship

Richmond Sunlight Description: Makes consistent the type of identification and other documentation that a purchaser of a firearm must present when purchasing any type of firearm from a licensed dealer by removing the additional requirement for the purchase of an assault weapon that a person who purchases such a weapon must present proof of citizenship. The bill does not alter the provisions prohibiting the sale of assault firearms to noncitizens who have not been lawfully admitted for permanent residence. Amends § 18.2-308.2:2, of the Code of Virginia.

Patron: Del. Scott Lingamfelter (R-Woodbridge)

Status: Passed senate

SB178 — Concealed handgun permits; reciprocity with other states

Richmond Sunlight Description: Requires the General Assembly to determine whether states meet the statutory qualifications for Virginia to recognize the concealed handgun permit of a person from another state. Under current law, this function is performed by the Superintendent of State Police in consultation with the Office of the Attorney General.

Patron: Sen. Tom Garrett (R-Lynchburg)

Status: In committee

SB198 — Concealed weapons; adds any employee with internal investigations authority designated by DOC

Richmond Sunlight Description: Adds any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of 53.1-10 retired from the Department of Corrections to listed individuals who may carry a concealed handgun, provided that he carries written proof of the need to carry.

Patron: Sen. Louise Lucas (D-Portsmouth)

Status: Signed by governor

SB205 — Handguns; purchase by certain officers

Richmond Sunlight Description: Adds employees of the Department of Corrections with internal investigations authority to the list of law-enforcement officers who may purchase their service handguns for $1.00. Amends § 59.1-148.3, of the Code of Virginia.

Patron: Sen. John Edwards (D-Roanoke)

Status: Signed by governor

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Pro and Shot Down

The bills that are no longer on the table, having failed to pass committee, subcommittee, house, and/or senate.

HB76 — Concealed handguns; authorization and training for persons designated to carry on school property

Richmond Sunlight Description: Permits a school board or an administrator of a private school to designate one or more qualified persons for every school who may carry a concealed handgun on school property. Such qualified persons include certain school division employees, certain school volunteers who carry valid concealed handgun permits, and certain retired law-enforcement officers. Any person designated to carry a concealed handgun must be certified and trained by the Virginia Center for School and Campus Safety or the National Rifle Association in the storage, use, and handling of a concealed handgun. The bill also outlines the training requirements for designated persons to be established by the Department of Criminal Justice Services. Amends § 18.2-282, § 18.2-308, § 18.2-308.1, § 9.1-102, § 9.1-184, of the Code of Virginia.

Patron: Del. Bob Marshall (R-Manassas)

Status: Dead

HB79 — Concealed handguns; possession by full-time faculty members at higher educational institutions

Richmond Sunlight Description: Allows full-time faculty members of public institutions of higher education who possess a valid Virginia concealed handgun permit to carry a concealed handgun on campus.

Patron: Del. Bob Marshall (R-Manassas)

Status: Dead

HB83 — Federal firearms laws; enforcement

Richmond Sunlight Description: Provides that agencies and political subdivisions of the Commonwealth, and employees thereof, shall not knowingly aid any employee or entity of the federal government (i) in the enforcement of federal firearms laws that take effect on or after December 1, 2015, or (ii) in the conduct or enforcement of a criminal background check related to any intrastate sale, loan, gift, or other transfer of a firearm between citizens of the Commonwealth.

Patron: Del. Bob Marshall (R-Manassas)

Status: Dead

HB132 — Risk management plan; coverage for injury or death on state property, concealed handgun prohibition

Richmond Sunlight Description: Provides that the risk management plan established by the Division of Risk Management shall include coverage for any claim made by or on behalf of a person possessing a valid concealed handgun permit who is injured or killed upon any buildings, grounds, or properties owned or leased by the Commonwealth as a result of the criminal act of a third party if the carrying of a concealed handgun on such buildings, grounds, or properties was prohibited by regulation. The bill also provides that, in addition to providing for the actual damages arising from the person’s injury or death, the coverage shall include an additional amount of $350,000. Amends § 2.2-1837, of the Code of Virginia.

Patron: Del. Bob Marshall (R-Manassas)

Status: Dead

Status: Passed committee

HB133 — Risk management plan; coverage for injury/death on college property, concealed handgun prohibition

Richmond Sunlight Description: Provides that the risk management plan established by the Division of Risk Management shall include coverage for any claim made by or on behalf of a person possessing a valid concealed handgun permit who is injured or killed upon any buildings, grounds,or properties owned or leased by a public institution of higher education as a result of the criminal act of a third party if the carrying of a concealed handgun on such buildings, grounds, or properties was prohibited by regulation. The bill also provides that, in addition to providing for the actual damages arising from the person’s injury or death, the coverage shall include an additional amount of $350,000. Amends § 2.2-1837, of the Code of Virginia

Patron: Del. Bob Marshall (R-Manassas)

Status: Dead

HB167 — School board employees; possession of firearms by employees who are former law-enforcement officers

Richmond Sunlight Description: Permits any local school board to allow any school board employee who is a former law-enforcement officer and ceased or retired from serving in such capacity while in good standing to possess any firearm designed or intended to expel a projectile by action of an explosion of a combustible material upon (i) any public elementary or secondary school in the school division, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; and (iii) any school bus owned or operated by the local school board. Amends § 18.2-308.1, of the Code of Virginia.

Patron: Del. Mark Cole (R-Fredericksburg)

Status: Dead

HB260 – Firearms; law-enforcement certification of transfer

Richmond Sunlight Description: Provides that when the certification of a chief law-enforcement officer is required by federal law for transfer of a firearm as defined in the National Firearms Act, such certification must be provided within 60 days if the applicant is not prohibited by law from receiving the firearm. If the applicant is prohibited by law from receiving the firearm, the chief law-enforcement officer or his designee shall notify the applicant in writing of the reason for the prohibition. For the purposes of the bill, the definition of “firearm” is limited to machine guns, rifles and shotguns of a certain length, weapons made from certain rifles or shotguns, and silencers. If the chief law-enforcement officer fails to provide certification within 60 days, the applicant has a right to an ore tenus hearing in circuit court and, unless the evidence shows that the applicant is prohibited by law from receiving the firearm, the court shall order the chief law-enforcement officer to issue the certification within five business days.

Patron: Del. Dave LaRock (R-Loudon)

Status: Dead

HB273 — Transfer of certain firearms; identification requirement

This bill is identical to HB206, they just have different patrons.

Richmond Sunlight Description: Transfer of certain firearms; identification requirement. Allows Virginia residents to purchase a firearm by presenting only one photo-identification form issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense that demonstrates that the prospective purchaser resides in Virginia. The bill provides that a member of the armed forces whose photo identification issued by the Department of Defense does not have a Virginia address may establish his Virginia residency with such photo identification and permanent orders assigning the purchaser to a duty post, including the Pentagon, in Virginia. Current law requires photo identification and another document that establishes residency, such as a lease or utility bill, and that includes an address that matches the photo identification. Amends § 18.2-308.2:2, of the Code of Virginia.

Patron: Del. Dave LaRock (R-Loudon)

Status: Dead

HB377 — Felons; restoration of firearms rights, report to State Police

Richmond Sunlight Description: Provides a mechanism for reporting to the Department of State Police when a circuit court restores a felon’s right to possess, transport, and carry a firearm, ammunition for a firearm, or a stun weapon. The bill provides that prior to entry of a restoration order, the petitioner’s fingerprints and petition shall be sent to the Central Criminal Records Exchange (CCRE), which shall forward the petitioner’s criminal history record information to the court, which shall inform the attorney for the Commonwealth that the criminal history record information is available for review. If the order is issued, the Department of State Police shall enter the petitioner’s name and description in the CCRE so that law-enforcement personnel accessing the CCRE will be aware of the order’s existence. Amends § 18.2-308.2, of the Code of Virginia.

Patron: Del. Nick Rush (R-Christiansburg)

Status: Dead

HB382 — Firearms; control by state agencies, etc

Richmond Sunlight Description: Prohibits state agencies within the executive branch and boards of visitors or other governing bodies of public institutions of higher education from adopting any rule or regulation preventing officers or employees of such agencies or institutions from storing a lawfully possessed firearm and ammunition in a locked private motor vehicle at their workplace. The bill also provides that any such regulation or rule adopted prior to July 1, 2016, is invalid. Amends § 2.2-602, § 23-9.2:3, of the Code of Virginia.

Patron: Del. Buddy Fowler (R-Ashland)

Status: Vetoed by governor

Governor McAuliffe’s veto statement:

March 23, 2016

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 1096, which would reverse the actions taken to safeguard our citizens and employees from gun violence in offices occupied by executive branch agencies.

All Virginians, including state employees, have the right to feel safe and secure going about their daily lives. Regulations have been authorized to promote safety in public buildings, and prevention requires us to address areas of concern before they are realized.

In addition, this legislation exempts rules, regulations, policies, and administrative actions imposed by certain agencies and institutions of higher education from the requirements of the bill. Such special exemptions, while other state agencies must comply, infers to the state workforce a perception of inequity for their wellbeing. Executive Order 50 is a consistent application of administrative requirements implemented across state agencies resulting in equitable state work force protections.

Our prior bipartisan agreement to make our Commonwealth safer was a step in the right direction, but we must continue the work.

Accordingly, I veto this bill.

HB433 — Concealed handguns; revocation of permit

Richmond Sunlight Description: Makes optional, and conditioned on a determination that the violation demonstrates a reckless disregard for safety, the court’s revocation of a person’s concealed handgun permit upon conviction of carrying a handgun in a public place while under the influence of alcohol or illegal drugs. Under current law, revocation of such convicted person’s permit is mandatory. The bill provides that only if such convicted person’s permit is revoked by the court is the convicted person ineligible to apply for a concealed handgun permit for five years.

Patron: Del. Ron Villanueva (R-Virginia Beach)

Status: Dead

HB443 — Carrying a concealed handgun; permit not required

Richmond Sunlight Description: Amends § 18.2-308, of the Code of Virginia.

Patron: Del. Jeff Campbell (R-Marion)

Status: Dead

HB563 — Firearms; disposition by locality, licensed dealer right of action

Richmond Sunlight Description: Provides a right of action to licensed dealers against a locality that fails to offer a firearm for sale prior to destroying the firearm. The bill provides that such a dealer may be entitled to reasonable costs and attorney fees. Amends § 15.2-915.5, of the Code of Virginia.

Patron: Del. Scott Lingamfelter (R-Woodbridge)

Status: Dead

HB761 — Concealed handguns; possession by females on campus

Richmond Sunlight Description: Prohibits public institutions of higher education from adopting or enforcing any rules prohibiting a female who possess a valid Virginia concealed handgun permit from carrying a concealed handgun on campus.

Patron: Del. Nick Freitas (R-Culpeper)

Status: Dead

SB48 — Concealed handgun; person may carry concealed without permit if otherwise eligible to obtain permit

Richmond Sunlight Description: Allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth. Amends § 18.2-308, of the Code of Virginia.

Patron: Sen. Dick Black (R-Leesburg) and Sen. Tom Garrett (R-Lynchburg)

Status: Dead

SB175 — Concealed handgun permits; sharing of information

Richmond Sunlight Description: Provides that information on concealed handgun permittees in the Virginia Criminal Information Network shall not be shared with law enforcement in states that do not have reciprocity agreements with Virginia for the carrying of concealed handguns.

Patron: Sen. Richard Stuart (R-Westmoreland)

Status: Failed committee

— ∮∮∮ —

Pro and Incorporated

These bills have been folded into other bills.

HB12/SB616 — Concealed handgun permits, out of state; photo identification

Richmond Sunlight Description: Removes certain requirements for an out-of-state concealed handgun permit or license to be recognized and accepted in Virginia and instead requires an out-of-state permit or license holder to carry a government-issued photo identification and present his permit or license and such identification upon demand by a law-enforcement officer in order for his out-of-state permit or license to be recognized and accepted in Virginia.

Patron: Del. Lee Ware (R-Powhatan) and Del. Mark Cole (R-Fredericksburg)

Status: Incorporated

HB119 — Virginia National Guard; possession of handguns by members

Patron: Del. Michael Webert (R-Marshall)

Status: Incorporated

HB593 — General Services, Department of; regulation of firearms

Richmond Sunlight Description: Provides that, unless expressly authorized by statute, the Department of General Services shall not adopt or enforce any rule, regulation, or policy precluding the possession of a concealed handgun by a person with a valid concealed handgun permit. The bill likewise provides that no department, agency, or institution of the Commonwealth occupying property in the charge of the Department’s Division of Engineering and Buildings shall adopt any similar prohibition. Finally, the bill invalidates the provisions of Executive Order 50, which prohibits the carrying of firearms in buildings occupied by executive branch agencies, and any regulations adopted to implement Executive Order 50. Amends § 2.2-1102, § 2.2-1129, of the Code of Virginia.

Patron: Del. Bob Marshall (R-Manassas)

Status: Incorporated