HB 46 — Firearm; transfers to another person from a prohibited person.
Last action — House sustained Governor's veto
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 21, 2023. Enacted.
Signed by Governor Glenn Youngkin (Republican) on February 24, 2024.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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7 sponsors
1 primary, 6 co-sponsors signed on.
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Mixed recorded votes
6 passed, 1 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Firearm transfers to another person from a prohibited person. Provides that a person who is prohibited from possessing a firearm because such person is subject to a protective order or has been convicted of an assault and battery of a family or household member may transfer a firearm owned by such prohibited person to any person who is not otherwise prohibited by law from possessing such firearm, provided that such person who is not otherwise prohibited by law from possessing such firearm is 21 years of age or older and does not reside with the person who is subject to the protective order. Under current law, there is no requirement that such transferee cannot be younger than 21 years of age and cannot reside with such prohibited person. The bill also provides that such prohibited person who transfers, sells, or surrenders a firearm pursuant to the provisions of the bill shall inform the clerk of the court of the name and address of the transferee, the federally licensed firearms dealer, or the law-enforcement agency in possession of the firearm and shall provide a copy of such form to the transferee. The bill also provides that a person who is prohibited from possessing a firearm because such person is subject to a protective order or has been convicted of an assault and battery of a family or household member shall be advised that a law-enforcement officer may obtain a search warrant to search for any firearms from such person if such law-enforcement officer has reason to believe that such person has not relinquished all firearms in his possession. This bill is identical to SB 47.
Bill Text
What changed in the latest version
156 added · 159 removedPlain-language change summary
The recent changes to Bill HB 46 clarify the penalties and prohibitions related to firearm purchases and transportation by individuals subject to protective orders. Specifically, the bill reinforces that individuals under such orders cannot purchase or carry concealed firearms and must surrender their gun permits while the order is in effect. This update is significant as it strengthens safety measures for victims of domestic violence or abuse by ensuring that those deemed potentially harmful are restricted from accessing firearms during the duration of their protective orders.
SESSION INTRODUCEDENROLLED 24104087DVIRGINIA IACTS HOUSEOF BILLASSEMBLY NO.–– CHAPTER E An Act to amend and reenact §§ 18.2-308.1:4 and 18.2-308.1:8 of the Code of Virginia, relating to firearm transfers to another person from a prohibited person.
46R OfferedO January[H 10,46] 2024Approved NL PrefiledL DecemberBe 21,it 2023enacted Tby Athe BILLGeneral toAssembly amend and reenact §§ 18.2-308.1:4 and 18.2-308.1:8 of theVirginia: Code of Virginia, relating to firearm transfers to another person from a prohibited person.
R Patrons––Bennett-Parker, Helmer, Carr, Price, Shin, Simon and Tran O –––––––––– Referred to Committee for Courts of Justice D –––––––––– U Be it enacted by the General Assembly of Virginia:
That §§ 18.2-308.1:4 and 18.2-308.1:8 of the Code of Virginia are amended and reenacted as CE follows:
ED §penalties.308.1:4. 18.2-308.1:4.
penalties.A.
DIt is unlawful for any person who is subject to (i) a protective order entered pursuant to § 16.1-253.1, 16.1-253.4, 16.1-278.2, 16.1-279.1, 19.2-152.8, 19.2-152.9, or 19.2-152.10;
or (v) an order issued by a tribunal of another state, the United States or any of its territories, possessions, or commonwealths, or the District of ColumbiaHolumbia pursuant to a statute that is substantially similar to those cited in clauses (i), (ii), (iii),(iii),4or or (iv) to purchase orbe transportprohibited from carrying any firearmconcealed whilefirearm, and shall surrender his permit to the court entering the order, for the duration of any protective order isreferred into effect.herein.
AnyA personviolation with a concealed handgun permHt shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court 4ntering the order, for the duration of anythis protectivesubsection orderis referreda toClass herein.1 misdemeanor.
AB. violation of this sub6ection is a Class 1 misdemeanor.
In addition to the prohibition set forth in subsection A, it is unlawful for any person who is subject to a protective order entered pursuant to § 16.1-279.1 or 19.2-152.10 or an order issued by a tribunal of another state, the United States or any of its territories, possessions, or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to § 16.1-279.1 or 19.2-152.10 to knowingly possess any firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection D of § 19.2-152.10 such person may continue to possess and, notwithstanding the provisions of subsection subsection A, transport any firearm possessed by such person at the time of service for the purposes of 34 surrendering any such firearm to a law-enforcement agency in accordance with subsection C or selling 35 or transferring any such firearm to a dealer as defined in § 18.2-308.2:2 or to any person who is not 37otherwise ofprohibited thisby subsectionlaw isfrom apossessing Class 6 felony.sing such firearm in accordance with subsection C.
A violation 38of C.this subsection is a Class 6 felony.
UponC. issuance of a protective order pursuant to 16.1-279.1 or 19.2-152.10, the court shall 39 advise such person who is subject to the protective order that a law-enforcement officer may obtain a search warrant to search for any firearms from such person if such law-enforcement officer has reason to believe that such person has not relinquished all firearms in his possession.
Upon issuance of a protective order pursuant to § 16.1-279.1 or 19.2-152.10, the court shall advise such person who is subject to the protective order that a law-enforcement officer may obtain a search believe that such person has not relinquished all firearms in his possession.fficer has reason to Additionally, the court shall order the person who is subject to the protective order to (i) within 24 hours after being served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection D of § 19.2-152.10 (a) surrender any firearm possessed by such person to a designated local law-enforcement agency, (b) sell or transfer any firearm possessed by such person to a dealer as defined in § 18.2-308.2:2, or (c) sell or transfer any firearm possessed by such person to any person who is not otherwise prohibited by law from possessing such firearm, provided that such person who is notwho is not otherwise prohibited by law from possessing such firearm is 21 years of age or older and does not reside with the person who is subject to the protective order, and (ii) within 48 hours after being served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection D ofofter being served § 19.2-152.10, certify in writing, on a form provided by the Office of the Executive Secretary of the Supreme Court, that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order.
In the event of a surrender, sale, or transfer of a firearm, the person who is subject to the protective order shall provide, on such form, the name and address of the transferee, the federally licensed firearms dealer, or the law-enforcement agency in possession of the firearm.
The person who is subject totransfer.otective the protective order shall provide a copy of such form to the transferee at the time of such firearm HB46The 2willful failure of any person to certify in writing in accordance with this section that all firearms of 3 transfer.possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms shall constitute contempt of court.
The willful failure of any person to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms shall constitute contempt of court.
Any person prohibited from purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A shall (i) within 24 hours after such person's sentencing hearing or release from custody if such person is taken into custody at the conclusion of the sentencing hearing (a) surrender any of 3 firearm possessed by such person to a designated local law-enforcement agency, (b) sell or transfer any of 3 firearm possessed by such person to a dealer as defined in § 18.2-308.2:2, or (c) sell or transIertransfer any suchfirearm firearm,possessed providedby that such person to any person who is not otherwise prohibited by law from possessingpossEssing suchngsuch firearmfirearm, isprovided 21that yearssuch ofperson agewho oris older and does not resideotherwise withprohibited suchby personlaw whofrom ispossessing prohibitedNuch from purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A, and (ii) within 48 hours after such person's sentencing hearing or release from custody if such person is takenRintotaken into custody at the conclusion of the sentencing hearing, certify in writing, on a form provided by Ohe Office of the Executive Secretary of the Supreme Court, that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file suchL certification with the clerk of the court where the conviction order was entered.
andL file suchD In the event of a surrender, sale, or transfer of a firearm, the person who is prohibited frUmfrom purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A shall provide, on such form, the name and address of the transferee, the federally licensed firearms dealer, or thethede, law-enforcement agency in possession of the firearm.
The person who is prohibited from purchasiEg,purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A shall provide a copy of such forTheform willful failure of any person to certifythe intransferee writingat inthe accordancetime withof this section that all firearms possessed by such personfirearm havetransfer. been surrendered, sold, or transferred or that such person does not possess any firearms shall constitute contempt of court.
E.The willful failure of any person to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms shall constitute contempt of court.
Any person convicted of an offense under clause (i) of subsection A shall be provided with the address and hours of operation of a designated local law-enforcement agency.
A law-enforcementlaw-enforcementtH the agency that takes into custody a firearm surrendered to such agency pursuant to subsection D by a person who is prohibited from purchasing, possessing, or transporting a firearm pursuant to cla6se (i) of subsection A shall prepare a written receipt containing the name of the person who surrenderedsurrenderRd the)the firearm and the manufacturer, model, and serial number of the firearm and provide a copy to such person and to the court that issued the order.
Any firearm surrendered to and held by a 6 law-enforcement agency pursuant to subsection D shall be returned by such agency to the person who surrenderedagency shall return the firearm uponwithin five days of receiving a written request for the expirationreturn of thech firearm by the prohibitionperson periodwho assurrendered the firearm and a copy of the receipt provided into subsectionsuch C.person by the agency.
SuchPrior agencyto shallreturning return the firearm withinto fivesuch daysperson, of receiving a written request for the returnlaw-enforcement ofagency theholding firearm by the person who surrendered the firearm and a copy of the receipt provided to such person by firearm shall confirm that such person is no longer prohibited by law from possessing a firearm.
A firearm surrendered to a law-enforcement agency pursuant to subsection D may be disposed of in accordance with the provisions of § 15.2-1721 if (i) the person from whom the firearm was seized provides written authorization for such disposal to the agency or (ii) the firearm remains in the possession of the agency more than 120 days after such person is no longer prohibited from possessing a firearm and such person has not submitted a request in writing for the return of the firearm.firearm.essing F.
Any law-enforcement agency or law-enforcement officer that takes into custody, stores, possesses, or transports a firearm pursuant to this section shall be immune from civil or criminal liability for any damage to or deterioration, loss, or theft of such firearm.
The law-enforcement agencies of the counties, cities, and towns within each judicial circuit shall designate, in coordination with each other, and provide to the chief judges of all circuit and district courts within the judicial circuit, one or more local law-enforcement agencies to receive and store firearmsthat includes the addresses and hours of operation for any law-enforcement agencies so designated soa list that such addresses and hours of operation may be provided to a person who is prohibited from purchasing, possessing, or transporting a firearm pursuant to thisclause section.(i) of subsection A.
The law-enforcement agencies shall provide the chief judges with a list that such addresses and hours of operation may be provided to a person who is prohibited fromated so purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A.
View plain text versions (2)
- HB46ER View text Current pdf February 21, 2024
- Prefiled Prefiled and ordered printed; offered 01/10/24 24104087D pdf December 21, 2023
Action History
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House sustained Governor's veto
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Passed by until Reconvene, Wednesday, April 17, 2024
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Vetoed by Governor
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Governor's Action Deadline 11:59 p.m., March 8, 2024
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Enrolled Bill communicated to Governor on March 1, 2024
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Signed by President
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Signed by Speaker
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Impact statement from DPB (HB46ER)
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Bill text as passed House and Senate (HB46ER)
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Enrolled
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Passed Senate (20-Y 18-N)
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Read third time
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Constitutional reading dispensed (38-Y 0-N)
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Reported from Courts of Justice (6-Y 5-N)
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Referred to Committee for Courts of Justice
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Constitutional reading dispensed
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Impact statement from DPB (HB46)
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VOTE: Passage (51-Y 44-N)
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Read third time and passed House (51-Y 44-N)
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Passed by for the day
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Read second time and engrossed
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Read first time
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Reported from Public Safety (11-Y 9-N)
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Subcommittee recommends reporting (6-Y 4-N)
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Assigned PS sub: Firearms
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Referred to Committee on Public Safety
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Referred from Courts of Justice
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/10/24 24104087D
Sponsors
- Elizabeth B. Bennett-Parker · Primary
- Dan I. Helmer · Cosponsor
- Betsy B. Carr · Cosponsor
- Marcia S. "Cia" Price · Cosponsor
- Irene Shin · Cosponsor
- Marcus B. Simon · Cosponsor
- Kathy K.L. Tran · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 6 co-sponsors · 141 not signed on · 64 voted No
"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 | 18 | 0 | 1 |
| Total | 21 | 18 | 0 | 1 |
| % of votes cast | 53% | 45% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Nay |
| Christopher T. Head | — | Nay |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Nay |
| Glen H. Sturtevant, Jr. | — | Nay |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Nay |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| McGuire, John J., III | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Not Voting |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Nay |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Nay |
| Tammy Brankley Mulchi | — | Nay |
| Tara A. Durant | — | Nay |
| Timmy French | — | Nay |
| Todd E. Pillion | — | Nay |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Not Voting |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Not Voting |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 5 | 0 | 4 |
| Total | 6 | 5 | 0 | 4 |
| % of votes cast | 40% | 33% | 0% | 27% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Carroll Foy, Jennifer D. | — | Not Voting |
| Emily M. Jordan | — | Not Voting |
| Jennifer B. Boysko | — | Not Voting |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Not Voting |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Nay |
| Saddam Azlan Salim | — | Yea |
| Scott A. Surovell | — | Yea |
| Subramanyam, Suhas | — | Yea |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 50 | 44 | 0 | 5 |
| Total | 50 | 44 | 0 | 5 |
| % of votes cast | 51% | 44% | 0% | 5% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 9 | 0 | 2 |
| Total | 11 | 9 | 0 | 2 |
| % of votes cast | 50% | 41% | 0% | 9% |
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 | — | Not Voting |
| 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. | — | Nay |
| Tony O. Wilt | — | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 4 | 0 | 1 |
| Total | 6 | 4 | 0 | 1 |
| % of votes cast | 55% | 36% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Adele Y. McClure | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Cordoza, A.C. | — | Nay |
| Dan I. Helmer | — | Yea |
| Ennis, N. Baxter | — | Nay |
| Marcus B. Simon | — | Not Voting |
| Michael B. Feggans | — | Yea |
| Nadarius E. Clark | — | Yea |
| Owen, David | — | Nay |
| Rae Cousins | — | Yea |
| Taylor, Kim A. | — | Nay |
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does HB 46 do?
- Firearm transfers to another person from a prohibited person. Provides that a person who is prohibited from possessing a firearm because such person is subject to a protective order or has been convicted of an assault and battery of a family or household member may transfer a firearm owned by such prohibited person to any person who is not otherwise prohibited by law from possessing such firearm, provided that such person who is not otherwise prohibited by law from possessing such firearm is 21 years of age or older and does not reside with the person who is subject to the protective order. Under current law, there is no requirement that such transferee cannot be younger than 21 years of age and cannot reside with such prohibited person. The bill also provides that such prohibited person who transfers, sells, or surrenders a firearm pursuant to the provisions of the bill shall inform the clerk of the court of the name and address of the transferee, the federally licensed firearms dealer, or the law-enforcement agency in possession of the firearm and shall provide a copy of such form to the transferee. The bill also provides that a person who is prohibited from possessing a firearm because such person is subject to a protective order or has been convicted of an assault and battery of a family or household member shall be advised that a law-enforcement officer may obtain a search warrant to search for any firearms from such person if such law-enforcement officer has reason to believe that such person has not relinquished all firearms in his possession. This bill is identical to SB 47.
- Who sponsors HB 46?
- HB 46 is sponsored by Elizabeth B. Bennett-Parker, Dan I. Helmer, Betsy B. Carr, Marcia S. "Cia" Price, Irene Shin, Marcus B. Simon, and Kathy K.L. Tran.
- What is the current status of HB 46?
- This bill has been enacted into law. Introduced December 21, 2023. Enacted.
- Where can I track HB 46?
- Track HB 46 free on One Click Politics — get push/email alerts when it moves.
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