Virginia 2021 Regular Session Status: Died

HB 961 — Assault firearms, certain firearm magazines, etc.; prohibiting sale, transport, etc., penalties.

Last action — Left in Judiciary

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. Died in session

This bill died with 2021 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Prohibiting sale, transport, etc., of assault firearms, certain firearm magazines, silencers, and trigger activators; penalties. Expands the definition of "assault firearm" and prohibits any person from importing, selling, transferring, manufacturing, purchasing, or transporting an assault firearm. A violation is a Class 6 felony. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory an assault firearm to any person. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, possess, or transport silencers, and trigger activators, all defined in the bill. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, or transport a large-capacity firearm magazine, as defined in the bill, and a Class 1 misdemeanor to possess such large-capacity firearm magazine. Any person who legally owns a large-capacity firearm magazine, silencer, or trigger activator on July 1, 2020, may retain possession until January 1, 2021. During that time, such person shall (i) render the large-capacity firearm magazine, silencer, or trigger activator inoperable; (ii) remove the large-capacity firearm magazine, silencer, or trigger activator from the Commonwealth; (iii) transfer the large-capacity firearm magazine, silencer, or trigger activator to a person outside the Commonwealth who is not prohibited from possessing it; or (iv) surrender the large-capacity firearm magazine, silencer, or trigger activator to a state or local law-enforcement agency.

Bill Text

What changed in the latest version

130 added · 123 removed

Plain-language change summary

The updated version of Bill HB 961 includes clarified language about the denial of driver's licenses in cases involving violations like refusing breath tests. It establishes specific timeframes for license denial based on whether it’s a first or subsequent offense, and explains the conditions under which a restricted permit may be issued for driving to school. These changes aim to ensure better understanding and consistency in how penalties are applied, especially for young drivers. This matters because it provides clearer guidelines for both the legal system and those affected by these offenses, potentially leading to fairer outcomes.

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961 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Public Safety on February 7, 2020) (Patron Prior to Substitute--Delegate Levine) A BILL to amend and reenact §§ 16.1-278.9, 18.2-287.4, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.2:2, 18.2-308.7, and 19.2-386.28 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-308.9 through 18.2-308.13, relating to prohibiting the sale, transport, etc., of assault firearms, certain firearms magazines, trigger activators, and silencers;
961 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Public Safety) (Patron Prior to Substitute--Delegate Levine) House Amendments in [ ] – February 10, 2020 A BILL to amend and reenact §§ 16.1-278.9, 18.2-287.4, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.2:2, 18.2-308.7, and 19.2-386.28 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-308.9 through 18.2-308.13, relating to prohibiting the sale, transport, etc., of assault firearms, certain firearms magazines, trigger activators, and silencers;
It is unlawful for any person to import, sell, transfer, manufacture, purchase, possess, or transport any large-capacity firearms magazine.
It is unlawful for any person to import, sell, transfer, manufacture, purchase, [ possess, ] or transport any large-capacity firearms magazine.
A violation of this section is punishable as a Class 6 felony.
A violation of this [ section subsection ] is punishable as a Class 6 felony.
The provisions of this section shall not apply to (i) any government officer, agent, or employee, or member of the Armed Forces of the United States, to the extent that such person is otherwise authorized to acquire or possess a large-capacity firearm magazine and does so while acting within the scope of his duties;
[ It is unlawful for any person to possess any large-capacity firearm magazine.
A violation of this subsection is punishable as a Class 1 misdemeanor.
D.
] The provisions of this section shall not apply to (i) any government officer, agent, or employee, or member of the Armed Forces of the United States, to the extent that such person is otherwise authorized to acquire or possess a large-capacity firearm magazine and does so while acting within the scope of his duties;
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Action History

  1. Left in Judiciary

  2. Continued to 2021 in Judiciary (10-Y 5-N)

  3. Impact statement from DPB (HB961EH1)

  4. Referred to Committee on the Judiciary

  5. Constitutional reading dispensed

  6. VOTE: Passage (51-Y 48-N)

  7. Read third time and passed House (51-Y 48-N)

  8. Printed as engrossed 20107888D-EH1

  9. Engrossed by House - committee substitute with amendments HB961EH1

  10. Pending question ordered

  11. Amendments by Delegate Helmer agreed to

  12. Committee substitute agreed to 20107888D-H1

  13. Read second time

  14. Read first time

  15. Impact statement from VCSC (HB961H1)

  16. Committee substitute printed 20107888D-H1

  17. Reported from Public Safety with substitute (12-Y 9-N)

  18. House committee, floor amendments and substitutes offered

  19. Impact statement from DPB (HB961)

  20. Impact statement from VCSC (HB961)

  21. Referred to Committee on Public Safety

  22. Prefiled and ordered printed; offered 01/08/20 20104855D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on · 23 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Left in Judiciary

Failed 0 Yea · 0 Nay

Per-member breakdown not published by this state.

Continued to 2021 in Judiciary (10-Y 5-N)

Passed 9 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9500
Total 9500
% of votes cast 64%36%0%0%
How each member voted (14)
Member Party Vote
Edwards, John S. — Yea
Norment, Thomas K., Jr. — Yea
Saslaw, Richard L. — Nay
Petersen, J. Chapman — Yea
McClellan, Jennifer L. — Nay
Morrissey, Joseph D. — Nay
Jennifer B. Boysko — Nay
L. Louise Lucas — Nay
Mark D. Obenshain — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

VOTE: Passage (51-Y 48-N)

Passed 48 Yea · 47 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 484701
Total 484701
% of votes cast 50%49%0%1%
How each member voted (96)
Member Party Vote
Avoli, G. "John" — Nay
Ayala, Hala S. — Yea
Batten, Amanda E. — Nay
Bell, Robert B. — Nay
Bourne, Jeffrey M. — Yea
Brewer, Emily M. — Nay
Byron, Kathy J. — Nay
Campbell, Jeffrey L. — Nay
Campbell, Ronnie R. — Nay
Carter, Lee J. — Nay
Cole, Mark L. — Nay
Cox, M. Kirkland — Nay
Coyner, Carrie E. — Nay
Edmunds, James E., II — Nay
Fariss, C. Matthew — Nay
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Gooditis, Wendy W. — Yea
Guy, Nancy D. — Yea
Heretick, Steve E. — Nay
Hudson, Sally L. — Yea
Hurst, Chris L. — Yea
Jenkins, Clinton L. — Yea
Jones, Jerrauld C. "Jay" — Yea
Keam, Mark L. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Nay
Levine, Mark H. — Yea
Marshall, Daniel W., III — Nay
Miyares, Jason S. — Nay
Mugler, Martha M. — Yea
Mullin, Michael P. — Yea
Murphy, Kathleen — Yea
Orrock, Robert D., Sr. — Nay
Plum, Kenneth R. — Yea
Poindexter, Charles D. — Nay
Ransone, Margaret B. — Nay
Robinson, Roxann L. — Nay
Rush, Nick — Nay
Samirah, Ibraheem S. — Yea
Subramanyam, Suhas — Yea
Tyler, Roslyn C. — Nay
Wampler, William C., III — Nay
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Barry D. Knight — Nay
Betsy B. Carr — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Christopher T. Head — Nay
Dan I. Helmer — Yea
Danica A. Roem — Yea
David A. Reid — Yea
David L. Bulova — Yea
Delores L. McQuinn — Yea
Don Scott — Yea
Elizabeth R. Guzman — Yea
Garrett McGuire — Nay
Hyland F. "Buddy" Fowler, Jr. — Nay
Israel D. O'Quinn — Nay
James A. "Jay" Leftwich — Nay
James W. Morefield — Nay
Jeion A. Ward — Yea
Joseph P. McNamara — Nay
Joshua G. Cole — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Kelly K. Convirs-Fowler — Not Voting
Kimberly Pope Adams — Yea
Kimberly Pope Adams — Nay
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Luke E. Torian — Yea
M. Keith Hodges — Nay
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Mark D. Sickles — Yea
Michael J. Webert — Nay
Patrick A. Hope — Yea
Paul E. Krizek — Yea
R. Lee Ware — Nay
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Nay
Rodney T. Willett — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Wyatt — Nay
Shelly A. Simonds — Yea
Terry G. Kilgore — Nay
Terry L. Austin — Nay
Thomas C. Wright, Jr. — Nay
Tony O. Wilt — Nay
Vivian E. Watts — Yea
Wendell S. Walker — Nay
Will Davis — Nay

Reported from Public Safety with substitute (12-Y 9-N)

Passed 11 Yea · 9 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11901
Total 11901
% of votes cast 52%43%0%5%
How each member voted (21)
Member Party Vote
Bourne, Jeffrey M. — Yea
Plum, Kenneth R. — Yea
Kory, Kaye — Yea
Levine, Mark H. — Yea
Jenkins, Clinton L. — Yea
Robinson, Roxann L. — Nay
Fariss, C. Matthew — Nay
Rush, Nick — Nay
Campbell, Ronnie R. — Nay
Coyner, Carrie E. — Nay
Batten, Amanda E. — Nay
Alfonso H. Lopez — Yea
Dan I. Helmer — Yea
Joshua G. Cole — Not Voting
Marcia S. "Cia" Price — Yea
Patrick A. Hope — Yea
Sam Rasoul — Yea
Shelly A. Simonds — Yea
Thomas C. Wright, Jr. — Nay
Tony O. Wilt — Nay
Will Davis — Nay

Subjects

public-safety
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Frequently asked questions

What does HB 961 do?
Prohibiting sale, transport, etc., of assault firearms, certain firearm magazines, silencers, and trigger activators; penalties. Expands the definition of "assault firearm" and prohibits any person from importing, selling, transferring, manufacturing, purchasing, or transporting an assault firearm. A violation is a Class 6 felony. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory an assault firearm to any person. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, possess, or transport silencers, and trigger activators, all defined in the bill. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, or transport a large-capacity firearm magazine, as defined in the bill, and a Class 1 misdemeanor to possess such large-capacity firearm magazine. Any person who legally owns a large-capacity firearm magazine, silencer, or trigger activator on July 1, 2020, may retain possession until January 1, 2021. During that time, such person shall (i) render the large-capacity firearm magazine, silencer, or trigger activator inoperable; (ii) remove the large-capacity firearm magazine, silencer, or trigger activator from the Commonwealth; (iii) transfer the large-capacity firearm magazine, silencer, or trigger activator to a person outside the Commonwealth who is not prohibited from possessing it; or (iv) surrender the large-capacity firearm magazine, silencer, or trigger activator to a state or local law-enforcement agency.
Who sponsors HB 961?
HB 961 is sponsored by Dan I. Helmer and Levine, Mark H..
What is the current status of HB 961?
This bill died with 2021 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 961?
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