Virginia 2024 Regular Session Status: Enacted

HB 798 — Firearms; purchase, possession, etc., following an assault and battery or stalking violation.

Last action — House sustained Governor's veto

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

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 26, 2024.

Prognosis

Advancing 56% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Mixed recorded votes

    11 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Purchase, possession, or transportation of firearm following an assault and battery or stalking violation; prohibition period; penalty. Prohibits a person who has been convicted of assault and battery, assault and battery of a family or household member, or stalking from purchasing, possessing, or transporting a firearm. The prohibition expires five years after the date of conviction, at which point the person's firearm rights are restored, unless he receives another disqualifying conviction. A person who violates the provisions of the bill is guilty of a Class 1 misdemeanor. The bill also extends from three years to five years the existing prohibition period for persons convicted of assault and battery of certain family or household members.

Bill Text

What changed in the latest version

39 added · 40 removed

Plain-language change summary

The key change in Bill HB 798 is the adjustment of the prohibition period for individuals with misdemeanor convictions for assault and battery or stalking. Previously, the law prohibited firearm purchases for those convicted of such offenses starting from July 1, 2021. The amendment extends this prohibition to only cover offenses occurring on or after July 1, 2024, which means that individuals with earlier convictions will no longer be restricted from purchasing firearms starting next year. This change is significant because it could allow more people with past misdemeanor convictions to regain access to firearms, raising potential safety concerns in communities.

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Previous
Latest
SESSION INTRODUCED 24104514D I HOUSE BILL NO.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 18.2-308.1:8 of the Code of Virginia, relating to purchase, possession, or transportation of firearm following an assault and battery or stalking violation;
798 N Offered January 10, 2024 A BILL to amend and reenact § 18.2-308.1:8 of the Code of Virginia, relating to purchase, possession, or transportation of firearm following an assault and battery or stalking violation;
prohibition period;
prohibiRion period;
–––––––––– O Patrons––Hope and Lopez D –––––––––– Referred to Committee on Public Safety U Be it enacted by the General Assembly of Virginia:
R O L Approved [H 798] L Be it enacted by the General Assembly of Virginia:
C 1.
E 1.
E § 18.2-308.1:8.
§ 18.2-308.1:8.
Purchase, possession, or transportation of firearm following an assault and battery, assault and battery of a family or household member, or stalking violation;
Purchase, possession, or transportation of firearm following an assault and D battery, assault and battery of a family or household member, or stalking violation;
D A.
A.
Any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2021, for (i) the offense of assault and battery of a family or household member or (ii) an offense substantially similar to claB.
Any person who knowingly and intentionally purchases, possesses, or transports any firearm July 1, 2024, for (i) the offense of assault and battery of a family or household member or (ii) ane offense substantially similar to clause (i) under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.
Any person who knowingly and intentionally purchases, possesses, or transports any firearmemeanor.
B.
following a misdemeanor conviction for an offense that occurred on or after July 1, 2024, other than an offense listed in subsection A, for (i) a violation of § 18.2-57, 18.2-57.2, or 18.2-60.3 or (ii) an offense substantially similar to clause (i) under the laws of any other state or of the United States iH guilty of a Class 1 misdemeanor.
Any person who knowingly and intentionally purchases, possesses, or transports any firearH following a misdemeanor conviction for an offense that occurred on or after July 1, 2024, other7than an offense listed in subsection A, for (i) a violation of § 18.2-57, 18.2-57.2, or 18.2-60.3 or (i8) an offense Class 1 misdemeanor.r to clause (i) under the laws of any other state or of the United States iR guilty of a C.
7 C.
For the purposes of this section subsection A, "family or household member" means (i) the person's spouse, whether or not he resides in the same home with the person;
For the purposes of this section subsection A, "family or household member" means (i) the8 person's spouse, whether or not he resides in the same home with the person;
(ii) the person's former spouse, whether or not he resides in the same home with the person;
(ii) the person's former child in common with the person, whether or not the person and that individual have been married or a have resided together at any time.
or (iii) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time.
C.
subsection A or B shall be prohibited from purchasing, possessing, or transporting a firearm for three five years following the date of the conviction at which point the person convicted of such offense shall no longer be prohibited from purchasing, possessing, or transporting a firearm pursuant to subsection A or B.
D.
Such person shall have his firearms firearm rights restored, unless such person receives another disqualifying conviction, is subject to a protective order that would restrict his rights to carry a firearm, or is otherwise prohibited by law from purchasing, possessing, or transporting a firearm.
Any person prohibited from purchasing, possessing, or transporting a firearm pursuant to subsection A or B shall be prohibited from purchasing, possessing, or transporting a firearm for three five years following the date of the conviction at which point the person convicted of such offense shall no longer be prohibited from purchasing, possessing, or transporting a firearm pursuant to subsection A or B.
commitment.
Such person shall have his firearms firearm rights restored, unless such person receives another 35 or is otherwise prohibited by law from purchasing, possessing, or transporting a firearm.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of thent or necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities;
to carry a firearm, :
36 2.
That the provisions of this act may result in a net increase in periods of imprisonment or 37 commitment.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the / 38 necessary appropriation cannot be determined for periods of imprisonment in state adult 39 correctional facilities;
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary of Juvenile Justice.
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.
be determined for periods of commitment to the custody of the Department
View plain text versions (2)

Action History

  1. House sustained Governor's veto

  2. Vetoed by Governor

  3. Governor's Action Deadline 11:59 p.m., April 8, 2024

  4. Enrolled Bill communicated to Governor on March 27, 2024

  5. Signed by Speaker

  6. Signed by President

  7. Bill text as passed House and Senate (HB798ER)

  8. Enrolled

  9. VOTE: Adoption (50-Y 47-N)

  10. Senate amendment agreed to by House (50-Y 47-N)

  11. Passed Senate with amendment (21-Y 19-N)

  12. Reconsideration of defeated action agreed to by Senate (40-Y 0-N)

  13. Chair votes No

  14. Defeated by Senate (20-Y 20-N)

  15. Engrossed by Senate as amended

  16. Amendment by Senator Perry agreed to

  17. Read third time

  18. Passed by for the day

  19. Read third time

  20. Passed by for the day

  21. Read third time

  22. Constitutional reading dispensed (39-Y 0-N)

  23. Impact statement from VCSC (HB798)

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

  25. Rereferred to Finance and Appropriations

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

  27. Referred to Committee for Courts of Justice

  28. Constitutional reading dispensed

  29. VOTE: Passage (52-Y 47-N)

  30. Read third time and passed House (52-Y 47-N)

  31. Read second time and engrossed

  32. Read first time

  33. Reported from Appropriations (13-Y 9-N)

  34. Subcommittee recommends reporting (5-Y 3-N)

  35. Assigned App. sub: Transportation & Public Safety

  36. Referred to Committee on Appropriations

  37. Reported from Public Safety (12-Y 10-N)

  38. Subcommittee recommends referring to Committee on Appropriations

  39. Subcommittee recommends reporting (6-Y 4-N)

  40. Impact statement from DPB (HB798)

  41. Assigned PS sub: Firearms

  42. Referred to Committee on Public Safety

  43. Prefiled and ordered printed; offered 01/10/24 24104514D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on · 68 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

Passed 49 Yea · 47 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 494703
Total 494703
% of votes cast 49%47%0%3%
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. — Yea
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 — Not Voting
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 — Not Voting
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 — Not Voting

Official roll call →

Failed 20 Yea · 20 Nay
Party YeaNayPresentNot Voting
Unaffiliated 202000
Total 202000
% of votes cast 50%50%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 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 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
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 →

VOTE: Passage (52-Y 47-N)

Passed 51 Yea · 47 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 514701
Total 514701
% of votes cast 52%47%0%1%
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. — Yea
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 — Not Voting
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 13 Yea · 9 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13900
Total 13900
% of votes cast 59%41%0%0%
How each member voted (22)

Official roll call →

Passed 12 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 121000
Total 121000
% of votes cast 55%45%0%0%
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. — Nay
Tony O. Wilt — Nay

Official roll call →

Passed 6 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6401
Total 6401
% of votes cast 55%36%0%9%
How each member voted (11)
Member Party Vote
Adele Y. McClure — Yea
Cordoza, A.C. — Nay
Dan I. Helmer — Yea
Ennis, N. Baxter — Nay
Holly M. Seibold — Yea
Marcus B. Simon — Not Voting
Michael B. Feggans — Yea
Nadarius E. Clark — Yea
Owen, David — Nay
Rae Cousins — Yea
Taylor, Kim A. — Nay

Official roll call →

Subjects

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Frequently asked questions

What does HB 798 do?
Purchase, possession, or transportation of firearm following an assault and battery or stalking violation; prohibition period; penalty. Prohibits a person who has been convicted of assault and battery, assault and battery of a family or household member, or stalking from purchasing, possessing, or transporting a firearm. The prohibition expires five years after the date of conviction, at which point the person's firearm rights are restored, unless he receives another disqualifying conviction. A person who violates the provisions of the bill is guilty of a Class 1 misdemeanor. The bill also extends from three years to five years the existing prohibition period for persons convicted of assault and battery of certain family or household members.
Who sponsors HB 798?
HB 798 is sponsored by Patrick A. Hope and Alfonso H. Lopez.
What is the current status of HB 798?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track HB 798?
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