Firearms; purchase, possession, etc., following an assault and battery or stalking violation.
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HB 798 — Firearms; purchase, possession, etc., following an assault and battery or stalking violation.
Last action — House sustained Governor's veto
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed 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 January 09, 2024. Enacted.
Signed by Governor Glenn Youngkin (Republican) on March 26, 2024.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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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 removedPlain-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.
SESSION INTRODUCEDENROLLED 24104514DVIRGINIA IACTS HOUSEOF BILLASSEMBLY NO.–– 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;
798prohibition Nperiod; 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;
prohibiRion period;
––––––––––R O Patrons––HopeL andApproved Lopez[H D798] ––––––––––L Referred to Committee on Public Safety U Be it enacted by the General Assembly of Virginia:
CE 1.
E § 18.2-308.1:8.
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.
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, 2021,2024, for (i) the offense of assault and battery of a family or household member or (ii) anane offense substantially similar to claB.clause (i) under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.
AnyB. person who knowingly and intentionally purchases, possesses, or transports any firearmemeanor.
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, otherother7than 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)(i8) an offense substantiallyClass similar1 misdemeanor.r to clause (i) under the laws of any other state or of the United States iHiR guilty of a ClassC. 1 misdemeanor.
7For C.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(ii) the purposes of this section subsection A, "family or household member" means (i) the8 person's former spouse, whether or not he resides in the same home with the person;
(ii)or the(iii) person'sany formerindividual who has a 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.
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.
Anycommitment. 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.
SuchPursuant personto shall§ have30-19.1:4 hisof firearmsthe firearmCode rightsof restored,Virginia, unlessthe suchestimated personamount receivesof anotherthent 35 or isnecessary otherwiseappropriation prohibitedcannot bybe lawdetermined fromfor purchasing,periods possessing,of orimprisonment transportingin astate firearm.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 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)
- HB798ER View text Current pdf March 25, 2024
- Prefiled Prefiled and ordered printed; offered 01/10/24 24104514D pdf January 09, 2024
Action History
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House sustained Governor's veto
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Vetoed by Governor
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Governor's Action Deadline 11:59 p.m., April 8, 2024
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Enrolled Bill communicated to Governor on March 27, 2024
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Signed by Speaker
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Signed by President
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Bill text as passed House and Senate (HB798ER)
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Enrolled
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VOTE: Adoption (50-Y 47-N)
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Senate amendment agreed to by House (50-Y 47-N)
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Passed Senate with amendment (21-Y 19-N)
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Reconsideration of defeated action agreed to by Senate (40-Y 0-N)
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Chair votes No
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Defeated by Senate (20-Y 20-N)
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Engrossed by Senate as amended
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Amendment by Senator Perry agreed to
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Read third time
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Passed by for the day
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Read third time
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Passed by for the day
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Read third time
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Constitutional reading dispensed (39-Y 0-N)
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Impact statement from VCSC (HB798)
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Reported from Finance and Appropriations (10-Y 5-N)
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Rereferred to Finance and Appropriations
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Reported from Courts of Justice (9-Y 6-N)
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Referred to Committee for Courts of Justice
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Constitutional reading dispensed
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VOTE: Passage (52-Y 47-N)
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Read third time and passed House (52-Y 47-N)
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Read second time and engrossed
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Read first time
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Reported from Appropriations (13-Y 9-N)
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Subcommittee recommends reporting (5-Y 3-N)
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Assigned App. sub: Transportation & Public Safety
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Referred to Committee on Appropriations
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Reported from Public Safety (12-Y 10-N)
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Subcommittee recommends referring to Committee on Appropriations
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Subcommittee recommends reporting (6-Y 4-N)
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Impact statement from DPB (HB798)
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Assigned PS sub: Firearms
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Referred to Committee on Public Safety
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Prefiled and ordered printed; offered 01/10/24 24104514D
Sponsors
- Patrick A. Hope · Primary
- Alfonso H. Lopez · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 49 | 47 | 0 | 3 |
| Total | 49 | 47 | 0 | 3 |
| % of votes cast | 49% | 47% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 20 | 0 | 0 |
| Total | 20 | 20 | 0 | 0 |
| % of votes cast | 50% | 50% | 0% | 0% |
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 | — | Nay |
| 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 | — | Nay |
| 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 | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
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. | — | Yea |
| 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 | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 19 | 0 | 0 |
| Total | 21 | 19 | 0 | 0 |
| % of votes cast | 53% | 48% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| 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 | — | Nay |
| 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 | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Not Voting |
| 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. | — | Yea |
| 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 | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 5 | 0 | 0 |
| Total | 10 | 5 | 0 | 0 |
| % of votes cast | 67% | 33% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barbara A. Favola | — | Yea |
| Bryce E. Reeves | — | Nay |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 6 | 0 | 0 |
| Total | 9 | 6 | 0 | 0 |
| % of votes cast | 60% | 40% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Carroll Foy, Jennifer D. | — | Yea |
| Emily M. Jordan | — | Nay |
| Jennifer B. Boysko | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| 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 | 51 | 47 | 0 | 1 |
| Total | 51 | 47 | 0 | 1 |
| % of votes cast | 52% | 47% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 3 | 0 | 1 |
| Total | 5 | 3 | 0 | 1 |
| % of votes cast | 56% | 33% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Alex Q. Askew | — | Yea |
| Briana D. Sewell | — | Yea |
| Delores L. McQuinn | — | Yea |
| Knight, Barry D. | — | Nay |
| Luke E. Torian | — | Not Voting |
| Paul E. Krizek | — | Yea |
| Scott A. Wyatt | — | Nay |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 9 | 0 | 0 |
| Total | 13 | 9 | 0 | 0 |
| % of votes cast | 59% | 41% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Alex Q. Askew | — | Yea |
| Betsy B. Carr | — | Yea |
| Bill Wiley | — | Nay |
| Briana D. Sewell | — | Yea |
| Bulova, David L. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Coyner, Carrie E. | — | Yea |
| David A. Reid | — | Yea |
| Delores L. McQuinn | — | Yea |
| Ellen H. McLaughlin | — | Nay |
| James W. Morefield | — | Nay |
| Knight, Barry D. | — | Nay |
| Luke E. Torian | — | Yea |
| M. Keith Hodges | — | Nay |
| Marshall, Daniel W., III | — | Nay |
| Paul E. Krizek | — | Yea |
| Robert S. Bloxom, Jr. | — | Nay |
| Rodney T. Willett | — | Yea |
| Sam Rasoul | — | Yea |
| Scott A. Wyatt | — | Nay |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 10 | 0 | 0 |
| Total | 12 | 10 | 0 | 0 |
| % 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 |
| 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 |
| 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 |
Subjects
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?
- Track HB 798 free on One Click Politics — get push/email alerts when it moves.
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