Virginia 2024 Regular Session Status: Passed Senate

SB 522 — Purchase of firearms; demonstrated competence with a firearm or completion of training course.

Last action — Failed to pass in Senate

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Purchase of firearms; demonstrated competencewith a firearm or completion of a firearms safety or training course;penalty. Requires that a prospective purchaser of a firearm presentproof that such prospective purchaser has demonstrated competencewith a firearm or completed a firearms safety or training course,as specified in the bill, within the past five years.

Bill Text

What changed in the latest version

172 added · 338 removed

Plain-language change summary

The amendments to Bill SB 522 simplify the language surrounding the use of pneumatic guns and provide more specific guidelines for minors using these guns. Notably, the new version clarifies that local governments can set rules for where pneumatic guns can be used and emphasizes the need for adult supervision for minors. This change is important as it establishes clearer safety regulations that can help mitigate risks associated with pneumatic gun use, particularly in populated areas where safety concerns are heightened.

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SESSION INTRODUCED 24104570D I SENATE BILL NO.
SESSION HOUSE SUBSTITUTE 24108226D AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Public Safety on February 23, 2024) (Patron Prior to Substitute––Senator Williams Graves) A BILL to amend and reenact §§ 15.2-915.4, 18.2-308.02, 18.2-308.06, and 22.1-204.1 of the Code of Virginia, relating to demonstrated competence for a concealed handgun permit;
522 Offered January 10, 2024 N Prefiled January 9, 2024 T A Bpurchase of firearms;
firearms instructors and safety programs.
demonstrated competence or completion of a firearms safety or trainingRo course;
penalty.
–––––––––– O Patrons––Williams Graves, Subramanyam and Salim;
Delegates:
Clark and Jones D –––––––––– Referred to Committee for Courts of Justice U –––––––––– C Be it enacted by the General Assembly of Virginia:
follows:§§ 18.2-308.2:2 and 18.2-308.2:5 of the Code of Virginia are amended and reenacted as E § 18.2-308.2:2.
Criminal history record information check required for the transfer of certain firearms.
A.
Any person purchasing from a dealer a firearm as herein defined in this section shall present proof that such person has demonstrated competence with a firearm or completed a firearms safety or training course as specified in subsection S within the past five years and shall consent in writing, on a form to be provided by the Department of State Police, to have the dealer obtain criminal history record information.
Such form shall include only the written consent;
the name, birth date, gender, race, by category intended to be sold, rented, traded, or transferred;
and answers by the applicant to thems following questions:
(i) has the applicant been convicted of a felony offense or a misdemeanor offense listed in § 18.2-308.1:8 or found guilty or adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act that if committed by an adult would be a felony or a misdemeanor listed in § 18.2-308.1:8;
(ii) is the applicant subject to a court order restraining the applicant from harassing, stalking, or threatening the applicant's child or intimate partner, or a child of such partner, or is the applicant subject to a protective order;
(iii) has the applicant ever been acquitted by reason of insanity and prohibited from purchasing, possessing, or transporting a firearm pursuant to incompetent, mentally incapacitated, or adjudicated an incapacitated person and prohibited fromally purchasing a firearm pursuant to § 18.2-308.1:2 or any substantially similar law of any other jurisdiction, been involuntarily admitted to an inpatient facility or involuntarily ordered to outpatient mental health treatment and prohibited from purchasing a firearm pursuant to § 18.2-308.1:3 or any substantially :
35 similar law of any other jurisdiction, or been the subject of a temporary detention order pursuant to 36 § 37.2-809 and subsequently agreed to a voluntary admission pursuant to § 37.2-805;
and (iv) is the / 37 applicant subject to an emergency substantial risk order or a substantial risk order entered pursuant to 38 § 19.2-152.13 or 19.2-152.14 and prohibited from purchasing, possessing, or transporting a firearm purB.
No dealer shall sell, rent, trade, or transfer from his inventory any such firearm to any other person who is a resident of Virginia until he has (i) obtained written consent and the other information on the consent form specified in subsection A, and provided the Department of State Police with the name, birth date, gender, race, citizenship, and social security and/or any other identification number and the number of firearms by category intended to be sold, rented, traded, or transferred and;
That §§ 15.2-915.4, 18.2-308.02, 18.2-308.06, and 22.1-204.1 of the Code of Virginia are amended and reenacted as follows:
(ii) requested criminal history record information by a telephone call to or other communication authorized by the State Police and is authorized by subdivision 2 to complete the sale or other such transfer;
§ 15.2-915.4.
and (iii) received from the prospective purchaser proof that such prospective purchaser has demonstrated within the past five years.
Counties, cities and towns authorized to regulate use of pneumatic guns.
To establish personal identification and residence in Virginia for purposes of this section, a dealer must require any prospective purchaser to present one photo-identification form issued by a governmental agency of the Commonwealth or by the United States Department of Defense or a special identification card without a photograph issued pursuant to § 46.2-345.2 that demonstrates that the prospective purchaser resides in Virginia.
A.
For the purposes of this section and establishment of residency for firearm purchase, residency of a member of the armed forces shall include both the state in which the member's permanent duty post is located and any nearby state in which the member resides and from which he commutes to the permanent duty post.
A locality may prohibit, by ordinance, the shooting of pneumatic guns in any areas of the locality that are in the opinion of the governing body so heavily populated as to make such conduct dangerous to the inhabitants thereof, and may require supervision by a parent, guardian, or other adult sOpervisor uses of pneumatic guns on private or public property.
A member of the armed forces whose photo Virginia residency with such photo identification and either permanent orders assigning the purchaser to SB522 2 of 6 a duty post, including the Pentagon, in Virginia or the purchaser's Leave and Earnings Statement.
The ordinance may specify that minors above the age of 16 years of age or older may, with the written consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the local governing body or on private property with the consent of the owner.
When the 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 or a special identification card without a photograph issued pursuant to § 46.2-345.2, and such identification form or card 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 or a renewed special identification card without a photograph issued pursuant to § 46.2-345.2, 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 or special identification card without a photograph 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.
The ordinance may specify that any minor, whether permitted by a parent oS guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use.
In addition, no dealer shall sell, rent, trade, or transfer from his inventory any assault firearm to any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence.
Any penalty for a pneumatic gun offense set forth in such an oEdinance shaB.
Upon receipt of the request for a criminal history record information check, the State Police shall (a) review its criminal history record information to determine if the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law, (b) inform the dealer if its record indicates that the buyer or transferee is so prohibited, and (c) provide the dealer with a unique reference number for that inquiry.
No such ordinance authorized by subsection A shall prohibit the use of pneumatic guns at facilities approved for shooting ranges, on other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted Sith reasonable care to prevent a projectile from crossing the bounds of the property.
2.
The State Police shall provide its response to the requesting dealer during the dealer's request or by return call without delay.
A dealer who fulfills the requirements of subdivision 1 and is told by the State Police that a response will not be available by the end of the dealer's fifth business day may immediately complete the sale or transfer and shall not be deemed in violation of this section with respect to such sale or transfer.
3.
Except as required by subsection D of § 9.1-132, the State Police shall not maintain records longer than 30 days, except for multiple handgun transactions for which records shall be maintained for 12 months, from any dealer's request for a criminal history record information check pertaining to a buyer or transferee who is not found to be prohibited from possessing and transporting a firearm under state or federal law.
However, the log on requests made may be maintained for a period of 12 months, and such log shall consist of the name of the purchaser, the dealer identification number, the unique approval number, and the transaction date.
4.
On the last day of the week following the sale or transfer of any firearm, the dealer shall mail or deliver the written consent form required by subsection A to the Department of State Police.
The State Police shall immediately initiate a search of all available criminal history record information to determine if the purchaser is prohibited from possessing or transporting a firearm under state or federal law.
If the search discloses information indicating that the buyer or transferee is so prohibited from possessing or transporting a firearm, the State Police shall inform the chief law-enforcement officer in the jurisdiction where the sale or transfer occurred and the dealer without delay.
5.
Notwithstanding any other provisions of this section, rifles and shotguns may be purchased by persons who are citizens of the United States or persons lawfully admitted for permanent residence but residents of other states under the terms of subsections A and B upon furnishing the dealer with one photo-identification form issued by a governmental agency of the person's state of residence and one other form of identification determined to be acceptable by the Department of Criminal Justice Services, provided that such persons have provided proof of demonstrated competence with a firearm or completion of a firearms safety or training course as specified in subsection S within the past five years.
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6.
For the purposes of this subsection, the phrase "dealer's fifth business day" does not include December 25.
No dealer shall sell, rent, trade, or transfer from his inventory any firearm, except when the transaction involves a rifle or a shotgun and can be accomplished pursuant to the provisions of subdivision B 5, to any person who is a dual resident of Virginia and another state pursuant to applicable federal law unless he has first obtained from the Department of State Police a report indicating that a search of all available criminal history record information has not disclosed that the person is prohibited from possessing or transporting a firearm under state or federal law and received from the prospective purchaser proof that such prospective purchaser has demonstrated competence with a firearm or completed a firearms safety or training course as specified in subsection S within the past five years.
Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor.BTraining of approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section.
To establish personal identification and dual resident eligibility for purposes of this subsection, a dealer shall require any prospective purchaser to present one photo-identification form issued by a governmental agency of the prospective purchaser's state of legal residence and other documentation of dual residence within the Commonwealth.
Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authoritieI to 35 certify ranges and instructors.
The other documentation of dual residence in the Commonwealth may include (i) evidence of currently paid personal property tax or real estate tax or a current (a) lease, (b) utility or telephone bill, (c) voter registration card, (d) bank check, (e) passport, (f) of 6 automobile registration, or (g) hunting or fishing license;
36 D.
(ii) other current identification allowed as evidence of residency by 27 C.F.R.
Commercial or private areas designated for use of pneumatic paintball guns may be establiThed 38 participants at such recreational areas, and signs must be posted to warn against entry into the paintball 39 area by persons who are unprotected or unaware that paintball guns are in use.
§ 178.124 and ATF Ruling 2001-5;
40 E.
or (iii) other documentatioI of residence determined to be acceptable by the Department of Criminal Justice Services and that N corD.
As used in this section, "pneumatic gun" means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure.
If any buyer or transferee is denied the right to purchase a firearm under this section, he may exercise his right of access to and review and correction of criminal history record information under § 9.1-132 or institute a civil action as provided in § 9.1-135, provided any such action is iniRiated within 30 days of such denial.
"Pneumatic gun" includes a paintball gun thatEexpels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
E.
§ 18.2-308.02.
Any dealer who willfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses, or who willfully and intentionally disseminates or seDks to disseminate criminal history record information except as authorized in this section, shall be guilty of a ClaF.
Application for a concealed handgun permit;
For purposes of this section:
Virginia resident or domiciliary.
U "Actual buyer" means a person who executes the consent form required in subsection B or C, or other such firearm transaction records as may be required by federal law.
county or city in which he resides, or if he is a member of the United States Armed Forces andrt of the stationed outside the Commonwealth, the county or city in which he is domiciled, for a five-year permit to carry a concealed handgun.
E "Antique firearm" means:
There shall be no requirement regarding the length of time an applicant has been a resident or domiciliary of the county or city.
The application shall be on a form prSscribed by the Department of State Police, in consultation with the Supreme Court, requiring only that 5 information necessary to determine eligibility for the permit.
Additionally, the application sh2ll request expiration can be sent pursuant to subsection C of § 18.2-308.010.
The applicant shall present 1ne valid form of photo identification issued by a governmental agency of the Commonwealth or by the U.S.
Department of Defense or U.S.
State Department (passport).
No information or documentation other than that which is allowed on the application in accordance with this section may be requested or required by the clerk or the court.
B.
The court shall require proof that the applicant has demonstrated competence with a handgun in person and the applicant may demonstrate such competence by one of the following, but no applicant SB522H1 2 of 4 shall be required to submit to any additional demonstration of competence, nor shall any proof of demonstrated competence expire:
Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;
2.
Any replica of any firearm described in subdivision 1 of this definition if such replica (i) is not or conventional centerfire fixed ammunition that is no longer manufactured in the United States and thate is not readily available in the ordinary channels of commercial trade;
3.
Any muzzle-loading rifle, muzzle-loading shotgun, or muzzle-loading pistol that is designed to use black powder, or a black powder substitute, and that cannot use fixed ammunition.
For purposes of this subdivision, the term "antique firearm" shall not include any weapon that incorporates a firearS frame or receiver, any firearm that is converted into a muzzle-loading weapon, or any muzzle-loading 5eapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breech-bl2ck, or any com4.
Any curio or relic as defined in this subsection.
"Assault firearm" means any semi-automatic center-fire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.
"Curios or relics" means firearms that are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.
To be 1.
Firearms that were manufactured at least 50 years prior to the current date, which use rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade, but not including replicas thereof;
2.
Firearms that are certified by the curator of a municipal, state, or federal museum that exhibits firearms to be curios or relics of museum interest;
and 3.
Any other firearms that derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event.
present value and evidence that like firearms are not available except as collectors' items, or that the value of like firearms available in ordinary commercial channels is substantially less.
"Dealer" means any person licensed as a dealer pursuant to 18 U.S.C.
§ 921 et seq.
"Firearm" means any handgun, shotgun, or rifle that will or is designed to or may readily be converted to expel single or multiple projectiles by action of an explosion of a combustible material.
"Handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more bar"Lawfully admitted for permanent residence" means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.
G.
The Department of Criminal Justice Services shall promulgate regulations to ensure the identity, confidentiality, and security of all records and data provided by the Department of State Police pursuant to this section.
H.
The provisions of this section shall not apply to (i) transactions between persons who are licensed purchases by or sales to any law-enforcement officer or agent of the United States, the Commonwealthii) SB522 4 of 6 or any local government, or any campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1;
or (iii) antique firearms or curios or relics.
I.
The provisions of this section shall not apply to restrict purchase, trade, or transfer of firearms by a resident of Virginia when the resident of Virginia makes such purchase, trade, or transfer in another state, in which case the laws and regulations of that state and the United States governing the purchase, trade, or transfer of firearms shall apply.
A National Instant Criminal Background Check System (NICS) check shall be performed prior to such purchase, trade, or transfer of firearms.
J.
All licensed firearms dealers shall collect a fee of $2 for every transaction for which a criminal history record information check is required pursuant to this section, except that a fee of $5 shall be collected for every transaction involving an out-of-state resident.
Such fee shall be transmitted to the Department of State Police by the last day of the month following the sale for deposit in a special fund for use by the State Police to offset the cost of conducting criminal history record information checks under the provisions of this section.
K.
Any person willfully and intentionally making a materially false statement on the consent form required in subsection B or C or on such firearm transaction records as may be required by federal law shall be guilty of a Class 5 felony.
L.
Except as provided in § 18.2-308.2:1, any dealer who willfully and intentionally sells, rents, trades, or transfers a firearm in violation of this section shall be guilty of a Class 6 felony.
L1.
Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a Class 6 felony.
This subsection shall not apply to a federal law-enforcement officer or a law-enforcement officer as defined in § 9.1-101, in the performance of his official duties, or other person under his direct supervision.
M.
Any person who purchases a firearm with the intent to (i) resell or otherwise provide such firearm to any person who he knows or has reason to believe is ineligible to purchase or otherwise receive from a dealer a firearm for whatever reason or (ii) transport such firearm out of the Commonwealth to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm, shall be guilty of a Class 4 felony and sentenced to a mandatory minimum term of imprisonment of one year.
However, if the violation of this subsection involves such a transfer of more than one firearm, the person shall be sentenced to a mandatory minimum term of imprisonment of five years.
The prohibitions of this subsection shall not apply to the purchase of a firearm by a person for the lawful use, possession, or transport thereof, pursuant to § 18.2-308.7, by his child, grandchild, or individual for whom he is the legal guardian if such child, grandchild, or individual is ineligible, solely because of his age, to purchase a firearm.
N.
Any person who is ineligible to purchase or otherwise receive or possess a firearm in the Commonwealth who solicits, employs, or assists any person in violating subsection M shall be guilty of a Class 4 felony and shall be sentenced to a mandatory minimum term of imprisonment of five years.
O.
Any mandatory minimum sentence imposed under this section shall be served consecutively with any other sentence.
P.
All driver's licenses issued on or after July 1, 1994, shall carry a letter designation indicating whether the driver's license is an original, duplicate, or renewed driver's license.
Q.
Prior to selling, renting, trading, or transferring any firearm owned by the dealer but not in his inventory to any other person, a dealer may require such other person to consent to have the dealer obtain criminal history record information to determine if such other person is prohibited from possessing or transporting a firearm by state or federal law.
The Department of State Police shall establish policies and procedures in accordance with 28 C.F.R.
§ 25.6 to permit such determinations to be made by the Department of State Police, and the processes established for making such determinations shall conform to the provisions of this section.
R.
Except as provided in subdivisions 1 and 2, it shall be unlawful for any person who is not a licensed firearms dealer to purchase more than one handgun within any 30-day period.
For the purposes of this subsection, "purchase" does not include the exchange or replacement of a handgun by a seller for a handgun purchased from such seller by the same person seeking the exchange or replacement within the 30-day period immediately preceding the date of exchange or replacement.
A violation of this subsection is punishable as a Class 1 misdemeanor.
1.
Purchases in excess of one handgun within a 30-day period may be made upon completion of an enhanced background check, as described in this subsection, by special application to the Department of State Police listing the number and type of handguns to be purchased and transferred for lawful business or personal use, in a collector series, for collections, as a bulk purchase from estate sales, and for similar purposes.
Such applications shall be signed under oath by the applicant on forms provided by the Department of State Police, shall state the purpose for the purchase above the limit, and shall require satisfactory proof of residency and identity.
Such application shall be in addition to the firearms sales report required by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The of 6 Superintendent of State Police shall promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of an application process for purchases of handgunI above the limit.
N immediately issue to the applicant a nontransferable certificate, which shall be valid for seven days from the date of issue.
The certificate shall be surrendered to the dealer by the prospective purchaser prior to the consummation of such sale and shall be kept on file at the dealer's place of business for iRspection as provided in § 54.1-4201 for a period of not less than two years.
Upon request of any local law-enforcement agency, and pursuant to its regulations, the Department of State Police may certify such local law-enforcement agency to serve as its agent to receive applications and, upon authorizatDon by the Department of State Police, issue certificates immediately pursuant to this subdivision.
Applications and The Department of State Police shall make available to local law-enforcement agencies all recordsion B 3.
concerning certificates issued pursuant to this subdivision and all records provided for in subdivision B 3.
E 2.
The provisions of this subsection shall not apply to:
a.
A law-enforcement agency;
D b.
An agency duly authorized to perform law-enforcement duties;
c.
A state or local correctional facility;
e.
The purchase of antique firearms;ed to do business within the Commonwealth;
f.
A person whose handgun is stolen or irretrievably lost who deems it essential that such handgun be replaced immediately.
Such person may purchase another handgun, even if the person has previously purchased a handgun within a 30-day period, provided that (i) the person provides the firearms dealer with a copy of the official police report or a summary thereof, on forms provided by the DepartSent of State Police, from the law-enforcement agency that took the report of the lost or stolen handgu5;
(ii) the official police report or summary thereof contains the name and address of the handgun owner, a2 the loss or theft was reported to the law-enforcement agency;
and (iii) the date of the loss or theft aste reflected on the official police report or summary thereof occurred within 30 days of the person's attempt to replace the handgun.
The firearms dealer shall attach a copy of the official police report or summary thereof to the original copy of the Virginia firearms transaction report completed for the transaction and retain it for the period prescribed by the Department of State Police;
g.
A person who trades in a handgun at the same time he makes a handgun purchase and as a part of the same transaction, provided that no more than one transaction of this nature is completed per day;
i.
A person who purchases a handgun in a private sale.
For purposes of this subdivision, "private sale" means a purchase from a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection of curios or relics or who sells all or part of such collection of curios and relics;
or j.
A law-enforcement officer.
For purposes of this subdivision, "law-enforcement officer" means any employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and theS.
Proof that a prospective purchaser has demonstrated competence with a firearm or completed a firearms safety or training course shall include the following:
1.
Completing any firearms safety or training course certified or approved by the Department of Criminal Justice Services;
Completing any National Rifle Association or United States Concealed Carry Association firearms safety or training course certified or approved by the Department of Criminal Justice Services;
Completing any firearms safety or training course or class available to the general public offered organization or firearms training school utilizing instructors certified or approved by the Department of Criminal Justice Services;
Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, institution of higher education, or private or public institution or organization or firearms training school utilizing instructors certified or approved by the National Rifle Association, the United States Concealed Carry Association, or the Department of Criminal Justice Services;
Presenting evidence of equivalent experience with a firearm through participation in an organized shooting competition or current military service or proof of an honorable discharge from any branch of the6.
Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition or current military service or proof of an honorable discharge from any branch of the armed services;
Obtaining or previously having held a permit or license to carry a concealed handgun in the SB522 6 of 6 Commonwealth or a locality thereof, unless such permit or license has been revoked for cause;
6.
Obtaining or previously having held a license to carry a firearm in the Commonwealth or a locality thereof, unless such license has been revoked for cause;
Completing any in-person firearms training or safety course or class conducted by a state-certified or Department of Criminal Justice Services-approved firearms instructor;
Completing any in-person firearms training or safety course or class conducted by a state-certified, National Rifle Association-certified, or United States Concealed Carry Association-certified or Department of Criminal Justice Services-approved firearms instructor;
Completing any other firearms training that the Department of State Police deems adequate.
Completing any other firearms training that the court deems adequate.
A copy of a certificate of completion of any of the courses or classes;
Any course, class, or training to demonstrate competence with a handgun as required by this subsection shall include a live fire shooting exercise conducted on a range, including the expenditure of a minimum of 10 rounds of ammunition.
Any course, class, training, or other method to demonstrate competence with a handgun that does not have such a live fire shooting exercise shall not constitute evidence of qualification under this subsection.
A photocopy of a certificate of completion of any of the courses or classes;
or a copy of any document that shows completion of the course or class or evidences participation in firearms competition shall constitute proof that a prospective purchaser has demonstrated competence with a firearm or completed a firearms safety or training course.
or a copy of any document that shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this subsection.
§ 18.2-308.2:5.
C.
Criminal history record information check required to sell firearm;
The making of a materially false statement in an application under this article shall constitute perjury, punishable as provided in § 18.2-434.
penalty.
D.
The clerk of court shall withhold from public disclosure the applicant's name and any other information contained in a permit application or any order issuing a concealed handgun permit, except that such information shall not be withheld from any law-enforcement officer acting in the performance of his official duties or from the applicant with respect to his own information.
The prohibition on public disclosure of information under this subsection shall not apply to any reference to the issuance of a concealed handgun permit in any order book before July 1, 2008;
however, any other concealed handgun records maintained by the clerk shall be withheld from public disclosure.
E.
An application is deemed complete when all information required to be furnished by the applicant, including the fee for a concealed handgun permit as set forth in § 18.2-308.03, is delivered to and received by the clerk of court before or concomitant with the conduct of a state or national criminal history records check.
F.
For purposes of this section, a member of the United States Armed Forces is domiciled in the county or city where such member claims his home of record with the United States Armed Forces.
§ 18.2-308.06.
Nonresident concealed handgun permits.
No person shall sell a firearm for money, goods, services or anything else of value unless he has (i) received from the prospective purchaser proof that such prospective purchaser has demonstrated competence with a firearm or completed a firearms safety or training course as specified in subsection S of § 18.2-308.2:2 within the past five years and (ii) obtained verification from a licensed dealer in firearms that information on the prospective purchaser has been submitted for a criminal history record information check as set out in § 18.2-308.2:2 and that a determination has been received from the Department of State Police that the prospective purchaser is not prohibited under state or federal law from possessing a firearm or such sale is specifically exempted by state or federal law.
Nonresidents of the Commonwealth 21 years of age or older may apply in writing to the Virginia Department of State Police for a five-year permit to carry a concealed handgun.
The Department of State Police shall provide a means by which sellers may obtain from designated licensed dealers the approval or denial of firearm transfer requests, based on criminal history record information checks.
The applicant shall submit a photocopy of one valid form of photo identification issued by a governmental agency of the applicant's state of residency or by the U.S.
The processes established shall conform to the provisions of § 18.2-308.2:2, and the definitions and provisions of § 18.2-308.2:2 regarding criminal history record information checks shall apply to this section mutatis mutandis.
Department of Defense or U.S.
The designated dealer shall collect and disseminate the fees prescribed in § 18.2-308.2:2 as required by that section.
State Department (passport).
The dealer may charge and retain an additional fee not to exceed $15 for obtaining a criminal history record information check on behalf of a seller.
Every applicant for a nonresident concealed handgun permit shall also submit two photographs of a type and kind specified by the Department of State Police for inclusion on the permit and shall submit fingerprints on a card provided by the Department of State Police for the purpose of obtaining the applicant's state or national criminal history record.
B.
As a condition for issuance of a concealed handgun permit, the applicant shall submit to fingerprinting by his local or state law-enforcement agency and provide personal descriptive information to be forwarded with the fingerprints through the Central Criminal Records Exchange to the U.S.
Notwithstanding the provisions of subsection A and unless otherwise prohibited by state or federal law, a person may sell a firearm to another person if:
Federal Bureau of Investigation for the purpose of obtaining of 4 information from federal records pursuant to criminal investigations by state and local law-enforcement agencies.
The application shall be on a form provided by the Department of State Police, requiring only that information necessary to determine eligibility for the permit.
If the permittee is later found by the Department of State Police to be disqualified, the permit shall be revoked and the person shall return the permit after being so notified by the Department of State Police.
The permit requirement and restriction provisions of this subsection.§ 18.2-308.02 and § 18.2-308.09 shall apply, mutatis mutandis, to the B.
The applicant shall demonstrate competence with a handgun in person by one of the following:
The sale of a firearm is to an authorized representative of the Commonwealth or any subdivision thereof as part of an authorized voluntary gun buy-back or give-back program;
Completing a hunter education or hunter safety course approved by the Virginia Department of Wildlife Resources or a similar agency of another state;
The sale occurs at a firearms show, as defined in54.1-4200, and the seller has received a determination from the Department of State Police that the purchaser is not prohibited under state or federal law from possessing a firearm in accordance with § 54.1-4201.2;
Completing any National Rifle Association or United States Concealed Carry Association firearms saf3.
or 3.
Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, institution of higher education, or private or public institution or organization or firearms training school utilizing instructors certified or approved by the National Rifle Association, the United States Concealed Carry Association, or the Department of Criminal Justice Services or a similar agency of another state;
The sale of a firearm is conducted pursuant to §59.1-148.3, with the exception of a sale conducted pursuant to subsection C of § 59.1-148.3.
O guards, investigators, special deputies, or any division or subdivision of law enforcement or sUcurity enforcement;
C.
5.
Any person who willfully and intentionally sells a firearm to another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor.
Presenting evidence of equivalent experience with a firearm through participation in orgaSized shooting competition approved by the Department of State Police or current military service or proof of an honorable discharge from any branch of the armed services;
E locality thereof, unless such license has been revoked for cause;rearm in the Commonwealth or a 7.
Completing any in-person firearms training or safety course or class conducted by a state-certified, National Rifle Association-certified, or United States Concealed Carry Association-certified orS Department of Criminal Justice Services-approved firearms instructor;
8.
Completing any governmental police agency firearms training course and qualifying to carrU a fir9.
Completing any other firearms training that the Virginia Department of State Police deemsB adequate.
S Any course, class, or training to demonstrate competence with a handgun as required by this subsection shall include a live fire shooting exercise conducted on a range, including the expenditure of a minimum of 10 rounds of ammunition.
Any course, class, training, or other method to demonstraIe evidence of qualification under this subsection.h a live fire shooting exercise shall not constitute A photocopy of a certificate of completion of any such course or class;
an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant;
or a copy of any document that shows T completion of the course or class or evidences participation in firearms competition shall satisfy the reqC.
The Department of State Police may charge a fee not to exceed $100 to cover the cost of the background check and issuance of the permit.
Any fees collected shall be deposited in a special account to be used to offset the costs of administering the nonresident concealed handgun permit program.
Any person who willfully and intentionally purchases a firearm from another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor.
The permit to carry a concealed handgun shall contain only the following information:
2.
name, address, date of birth, gender, height, weight, color of hair, color of eyes, and photograph of the the date of issuance;
That the provisions of this act may result in a net increase in periods of imprisonment or commitment.
and the expiration date.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities;
of the Virginia Department of State Police or his designee;
therefore, Chapter 1 of the Acts of Assembly of 2023, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000.
E.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
The Superintendent of the State Police shall promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of an application process for obtaining a nonresident concealed handgun permit.
2 § 22.1-204.1.
Firearm safety education program.
H school grades.
To assist local school boards electing to provide firearm safety education programs, the Board of Education shall establish curriculum guidelines for a standardized program of firearm safety education for the elementary school grades to promote the protection and safety of children enrolled in the public schools.
The curriculum guidelines shall incorporate, among other the principles of firearm safety, and accident prevention and the rules upon which the Eddie Eagle Gunsafe Program offered by the National Rifle Association is based.
Local school boards electing to provide firearm safety education SB522H1 4 of 4 shall offer instruction pursuant to the Board's curriculum guidelines and shall integrate firearm safety education into appropriate subject areas, if feasible, to ensure that every elementary grade student completes the course of study in firearm safety education.
View plain text versions (2)

Action History

  1. Failed to pass in Senate

  2. No further action taken

  3. Delegates: Simon, Helmer, Webert

  4. Conferees appointed by House

  5. Senators: Williams Graves, Carroll Foy, Peake

  6. Conferees appointed by Senate

  7. Senate acceded to request (40-Y 0-N)

  8. House requested conference committee

  9. House insisted on substitute

  10. House substitute rejected by Senate (0-Y 40-N)

  11. VOTE: Passage (51-Y 49-N)

  12. Passed House with substitute (51-Y 49-N)

  13. Engrossed by House - committee substitute SB522H1

  14. Committee substitute agreed to 24108226D-H1

  15. Read third time

  16. Read second time

  17. Impact statement from DPB (SB522H1)

  18. Committee substitute printed 24108226D-H1

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

  20. Subcommittee recommends continuing to 2025

  21. Assigned PS sub: Firearms

  22. Referred to Committee on Public Safety

  23. Read first time

  24. Placed on Calendar

  25. Read third time and passed Senate (21-Y 19-N)

  26. Read second time and engrossed

  27. Impact statement from DPB (SB522)

  28. Constitutional reading dispensed (40-Y 0-N)

  29. Reported from Finance and Appropriations (10-Y 5-N)

  30. Rereferred to Finance and Appropriations

  31. Reported from Courts of Justice (9-Y 6-N)

  32. Impact statement from VCSC (SB522)

  33. Referred to Committee for Courts of Justice

  34. Prefiled and ordered printed; offered 01/10/24 24104570D

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 141 not signed on · 86 voted No

Sponsors (1)

Not signed on (141)

141 members have not signed on to this bill.

Show all 141 →

"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

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Failed 0 Yea · 40 Nay
Party YeaNayPresentNot Voting
Unaffiliated 04000
Total 04000
% of votes cast 0%100%0%0%
How each member voted (40)

Official roll call →

VOTE: Passage (51-Y 49-N)

Passed 50 Yea · 49 Nay
Party YeaNayPresentNot Voting
Unaffiliated 504900
Total 504900
% of votes cast 51%49%0%0%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Nay
Arnold, Jonathan, E. P. — Nay
Atoosa R. Reaser — Yea
Batten, Amanda E. — Nay
Betsy B. Carr — Yea
Bill Wiley — Nay
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Nay
Coyner, Carrie E. — Nay
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Nay
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Nay
Ennis, N. Baxter — Nay
Eric Phillips — Nay
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Nay
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Green, W. Chad — Nay
H. Otto Wachsmann, Jr. — Nay
Higgins, Geary — Nay
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Nay
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Nay
Jason S. Ballard — Nay
Jeion A. Ward — Yea
Joseph P. McNamara — Nay
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Nay
Knight, Barry D. — Nay
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Nay
Luke E. Torian — Yea
M. Keith Hodges — Nay
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Nay
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mike A. Cherry — Nay
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Orrock, Robert D., Sr. — Nay
Owen, David — Nay
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Nay
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Nay
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Nay
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Nay
Terry G. Kilgore — Nay
Terry L. Austin — Nay
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Nay
Timothy P. Griffin — Nay
Tony O. Wilt — Nay
Vivian E. Watts — Yea
Wendell S. Walker — Nay
Will Davis — Nay
Wren M. Williams — Nay

Official roll call →

Passed 12 Yea · 9 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12901
Total 12901
% of votes cast 55%41%0%5%
How each member voted (22)
Member Party Vote
Adele Y. McClure — Yea
Alfonso H. Lopez — Yea
Batten, Amanda E. — Nay
Cordoza, A.C. — Nay
Dan I. Helmer — Yea
Delores Oates — Nay
Ennis, N. Baxter — Nay
Eric Phillips — Nay
Holly M. Seibold — Yea
Joshua E. Thomas — Yea
Marcus B. Simon — Yea
Michael B. Feggans — Yea
Michael J. Webert — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Owen, David — Nay
Patrick A. Hope — Yea
Rae Cousins — Yea
Sam Rasoul — Yea
Taylor, Kim A. — Not Voting
Tony O. Wilt — Nay

Official roll call →

Passed 21 Yea · 19 Nay
Party YeaNayPresentNot Voting
Unaffiliated 211900
Total 211900
% of votes cast 53%48%0%0%
How each member voted (40)

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed 10 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10500
Total 10500
% of votes cast 67%33%0%0%
How each member voted (15)

Official roll call →

Passed 9 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9600
Total 9600
% of votes cast 60%40%0%0%
How each member voted (15)

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 522 do?
Purchase of firearms; demonstrated competencewith a firearm or completion of a firearms safety or training course;penalty. Requires that a prospective purchaser of a firearm presentproof that such prospective purchaser has demonstrated competencewith a firearm or completed a firearms safety or training course,as specified in the bill, within the past five years.
Who sponsors SB 522?
SB 522 is sponsored by Angelia Williams Graves, Saddam Azlan Salim, Bonita G. Anthony, Nadarius E. Clark, Rozia A. Henson, Jr., Michael J. Jones, and Subramanyam, Suhas.
What is the current status of SB 522?
This bill died with 2024 Regular Session. It reached “Passed Senate” 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 SB 522?
Track SB 522 free on One Click Politics — get push/email alerts when it moves.

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