SB 240 — Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties.
Last action — Approved by Governor-Chapter 888 (effective 7/1/20)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 02, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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9 sponsors
1 primary, 8 co-sponsors signed on.
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Cleared a recorded vote
Passed 8 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
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. This bill is identical to HB 674.
Bill Text
What changed in the latest version
118 added · 124 removedPlain-language change summary
The changes made to SB 240 primarily update the conditions under which individuals can apply for a concealed handgun permit. The new version specifies that those who have received mental health or substance abuse treatment in a residential setting within the last five years, as well as those with certain types of misdemeanor convictions, may face restrictions when applying. This is significant because it clarifies the criteria that judges can use to assess an applicant's suitability for a permit, aiming to enhance public safety while still considering individual circumstances.
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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER 888 An Act to amend and reenact §§ 18.2-308.09, 18.2-308.2:1, 18.2-308.2:2, and 18.2-308.2:3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.1:6, by adding in Title 19.2 a chapter numbered 9.2, consisting of sections numbered 19.2-152.13 through 19.2-152.17, and by adding a section numbered 19.2-387.3, relating to firearms;
[S 240] Approved April 8, 2020 Be it enacted by the General Assembly of Virginia:
When the photo identification presented to a dealer by the prospective purchaser is a driver's license or other photo identification issued by the Department of Motor Vehicles, and such identification form contains a date of issue, the dealer shall not, except for a renewed driver's license or other photo identification issued by the Department of Motor Vehicles, sell or otherwise transfer a firearm to the prospective purchaser until 30 days after the date of issue of an original or duplicate driver's license unless the prospective purchaser also presents a copy of his Virginia Department of Motor Vehicles driver's record showing that the original date of issue of the driver's license was more than 30 days prior to the attempted purchase.
View plain text versions (6)
- Acts of Assembly Chapter text (CHAP0888) View text Current html April 08, 2020
- Bill text as passed Senate and House (SB240ER) View text html March 05, 2020
- Impact statement from VCSC (SB240H1) View text html February 21, 2020
- Substitute Engrossed by Senate - floor substitute with amendments SB240ES3 html January 21, 2020
- Impact statement from VCSC (SB240S3) View text html January 16, 2020
- SB240S2 View text html January 15, 2020
Action History
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Approved by Governor-Chapter 888 (effective 7/1/20)
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill Communicated to Governor on March 12, 2020
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Signed by President
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Signed by Speaker
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Impact statement from DPB (SB240ER)
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Enrolled
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Title replaced 20108809D-H1
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House substitute agreed to by Senate (21-Y 17-N)
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VOTE: Passage (53-Y 47-N)
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Passed House with substitute (53-Y 47-N)
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Engrossed by House - committee substitute SB240H1
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Committee substitute agreed to 20108809D-H1
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Read third time
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Read second time
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Impact statement from DPB (SB240H1)
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Impact statement from VCSC (SB240H1)
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Committee substitute printed 20108809D-H1
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Reported from Public Safety with substitute (12-Y 8-N)
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House committee, floor amendments and substitutes offered
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Referred to Committee on Public Safety
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB240ES3)
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Impact statement from VCSC (SB240S3)
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Impact statement from VCSC (SB240ES3)
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Read third time and passed Senate (21-Y 19-N)
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Printed as engrossed 20105922D-ES3
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Title replaced 20105922D-S3
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Engrossed by Senate - floor substitute with amendments SB240ES3
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Amendment by Senator Surovell agreed to
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Reading of amendment waived
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Amendment #3 by Senator Norment agreed to
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Amendment #2 by Senator Norment ruled out of order
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Amendment #1 by Senator Norment ruled out of order
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Reading of amendment waived
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Substitute by Senator Surovell 20105922D-S3 agreed to (21-Y 19-N)
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Pending question ordered (27-Y 13-N)
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Reading of substitute waived
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Substitute by Senator Morrisey withdrawn 20105857D-S2
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Committee substitute rejected 20105669D-S1
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Read second time
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Passed by for the day
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Passed by for the day
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Passed by for the day
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Passed by temporarily
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Floor substitute printed 20105922D-S3 (Surovell)
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Passed by for the day
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Floor substitute printed 20105857D-S2 (Morrissey)
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Impact statement from DPB (SB240S1)
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Constitutional reading dispensed (39-Y 0-N)
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Impact statement from VCSC (SB240S1)
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Committee substitute printed 20105669D-S1
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Reported from Judiciary with substitute (9-Y 5-N)
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Moved from Courts of Justice to Judiciary due to a change of the committee name
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Impact statement from VCSC (SB240)
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Referred to Committee on the Judiciary
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Prefiled and ordered printed; offered 01/08/20 20103425D
Sponsors
- Scott A. Surovell · Cosponsor
- Jennifer B. Boysko · Cosponsor
- Barbara A. Favola · Cosponsor
- Joseph D. Morrissey · Cosponsor
- Adam P. Ebbin · Cosponsor
- Lewis, Lynwood W., Jr. · Cosponsor
- Janet D. Howell · Cosponsor
- John J. Bell · Cosponsor
- George L. Barker · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 8 co-sponsors · 139 not signed on · 64 voted No
Sponsors (1)
Co-sponsors (8)
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 17 | 0 | 2 |
| Total | 21 | 17 | 0 | 2 |
| % of votes cast | 53% | 43% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 47 | 0 | 0 |
| Total | 52 | 47 | 0 | 0 |
| % of votes cast | 53% | 47% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 8 | 0 | 2 |
| Total | 12 | 8 | 0 | 2 |
| % of votes cast | 55% | 36% | 0% | 9% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Alfonso H. Lopez | — | Yea |
| Batten, Amanda E. | — | Nay |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Ronnie R. | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Coyner, Carrie E. | — | Nay |
| Dan I. Helmer | — | Yea |
| Davis, Glenn R. | — | Nay |
| Fariss, C. Matthew | — | Not Voting |
| Jenkins, Clinton L. | — | Yea |
| Joshua G. Cole | — | Yea |
| Kory, Kaye | — | Yea |
| Levine, Mark H. | — | Not Voting |
| Marcia S. "Cia" Price | — | Yea |
| Patrick A. Hope | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Robinson, Roxann L. | — | Nay |
| Rush, Nick | — | Nay |
| Sam Rasoul | — | Yea |
| Shelly A. Simonds | — | Yea |
| Thomas C. Wright, Jr. | — | Nay |
| Tony O. Wilt | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 19 | 0 | 0 |
| Total | 21 | 19 | 0 | 0 |
| % of votes cast | 53% | 48% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Chafin, A. Benton "Ben" | — | Nay |
| Chase, Amanda F. | — | Nay |
| Cosgrove, John A., Jr. | — | Nay |
| Dunnavant, Siobhan S. | — | Nay |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Nay |
| Howell, Janet D. | — | Yea |
| Kiggans, Jennifer A. | — | Nay |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Yea |
| Ruff, Frank M., Jr. | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Spruill, Lionell, Sr. | — | Yea |
| Vogel, Jill Holtzman | — | Nay |
| Adam P. Ebbin | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Ghazala F. Hashmi | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Nay |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 13 | 0 | 0 |
| Total | 27 | 13 | 0 | 0 |
| % of votes cast | 68% | 33% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Chafin, A. Benton "Ben" | — | Nay |
| Chase, Amanda F. | — | Nay |
| Cosgrove, John A., Jr. | — | Yea |
| Dunnavant, Siobhan S. | — | Nay |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Nay |
| Kiggans, Jennifer A. | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mason, T. Montgomery "Monty" | — | Nay |
| McClellan, Jennifer L. | — | Nay |
| Morrissey, Joseph D. | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Spruill, Lionell, Sr. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Adam P. Ebbin | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Nay |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Ghazala F. Hashmi | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Nay |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Yea |
| R. Creigh Deeds | — | Nay |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Yea |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 19 | 0 | 0 |
| Total | 21 | 19 | 0 | 0 |
| % of votes cast | 53% | 48% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Chafin, A. Benton "Ben" | — | Nay |
| Chase, Amanda F. | — | Nay |
| Cosgrove, John A., Jr. | — | Nay |
| Dunnavant, Siobhan S. | — | Nay |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Nay |
| Howell, Janet D. | — | Yea |
| Kiggans, Jennifer A. | — | Nay |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Yea |
| Ruff, Frank M., Jr. | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Spruill, Lionell, Sr. | — | Yea |
| Vogel, Jill Holtzman | — | Nay |
| Adam P. Ebbin | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Ghazala F. Hashmi | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Nay |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Chafin, A. Benton "Ben" | — | Yea |
| Chase, Amanda F. | — | Yea |
| Cosgrove, John A., Jr. | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Spruill, Lionell, Sr. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Adam P. Ebbin | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ghazala F. Hashmi | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 5 | 0 | 0 |
| Total | 9 | 5 | 0 | 0 |
| % of votes cast | 64% | 36% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Edwards, John S. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Yea |
| Chafin, A. Benton "Ben" | — | Nay |
| Morrissey, Joseph D. | — | Yea |
| McClellan, Jennifer L. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Scott A. Surovell | — | Yea |
Subjects
Frequently asked questions
- What does SB 240 do?
- 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. This bill is identical to HB 674.
- Who sponsors SB 240?
- SB 240 is sponsored by Scott A. Surovell, Jennifer B. Boysko, Barbara A. Favola, Joseph D. Morrissey, Adam P. Ebbin, Lewis, Lynwood W., Jr., Howell, Janet D., Bell, John J., and Barker, George L..
- What is the current status of SB 240?
- This bill has been enacted into law. Introduced January 02, 2020. Enacted.
- Where can I track SB 240?
- Track SB 240 free on One Click Politics — get push/email alerts when it moves.
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