Virginia Legislative Watch
2008 Session convenes January 9, 2008
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Bills & Resolutions session legislation
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Bills regarding guns, firearms and concealed weapons
We provide a short description of those bills in which the intent is not clear by the title. By tracking the bills, we will be able to see to what committees bills are assigned, who is patroning and co-patroning the bills and how our legislators vote.
Bills filed as of January 14, 2008: House; Senate
Bills referred to the House Militia, Police and Public Safety Committee:
HB 109: Firearms; regulation thereof by state entities (Delegate Mark L. Cole, patron). This bill would prohibit state agencies from enacting any rules regarding the purchase, possession, etc. of firearms, unless authorized by statute.
HB 136: School: definition thereof for purposes of prohibiting weapons on school grounds (Patron: Delegate Christopher K. Peace): defines "school" for the purposes of prohibiting weapons on school grounds as any public K-12 or any private or religious school from K-12
HB 210: Private schools and child day centers; armed security officers may carry firearms onto property (Delegate Mark L. Cole, patron)
HB 212: Firearms taxes, certain; destruction of records (Delegate Mark L. Cole, patron). This bill would repeal local authority from imposing a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers and would delete their recordkeeping requirement and require the clerk of the court to destroy any such records.
HB 281: Protective orders; possession of firearms (Delegate David J. Toscano, patron). This bill would prevent an individual subject to a protective order from possessing a firearm.
HB 370: Concealed handgun permit applications; access to personal information (Patron: Delegate Charles W. Carrico, Sr) - prohibits a clerk of a circuit court and Department of State Police from disseminating any personal information contained in a concealed handgun permit
HB 371: Firearm control; locality to pay attorney fees resulting from taking actions prohibited (Patron: Delegate Charles W. Carrico, Sr.) - requires locality to pay attorney fees resulting from taking certain actions prohibited with regard to firearm control
HB 424: Possession of concealed handguns by faculty members at state institutions of higher education (Patron: Delegate Robert G. Marshall)
HB 529: Concealed handgun permits; renewal and replacement (Patron: Delegate Brenda L. Pogge)
HB 535: Involuntary mental health treatment; prohibition from purchasing, etc. firearms (Patron: Robert W. Mathieson) requires that orders for involuntary inpatient and outpatient mental health treatment be forwarded to clerk of court to the central criminal records exchange and that such persons be prohibited from purchasing, possessing or transporting a firearm - this bill codifies Executive Order 50 (2007) (similar to SB 216)
HB 592: Criminal History Record Information; required for transfer of firearms (Patron: Dave W. Marsden)
HB 653: Concealed handgun permit applications; access to personal information (Patron: Delegate Thomas C. Wright, Jr.): same as HB 370
HB 657: Involuntary mental health treatment; prohibition from purchasing, etc. firearms (Patron: H. Morgan Griffith)
HB 709: Purchase of firearms; consent form; mental health questions (Patron: William R. Janis) requires that all persons seeking to purchase a firearm answer questions on the state background check consent form whether been acquitted by reason of insanity, adjudicated legally incompetent or mentally incapacitated or involuntarily admitted to a facility or involuntarily ordered to out-patient mental health treatment (similar to SB 226)
HB 734: Possession of firearms; public libraries; penalty (Patron: Delegate C. Charles Caputo) prohibits the possession of a firearm at a state, regional or local public library
HB 745: Transfer of firearms; criminal records check; penalties (Patron: C. Charles Caputo) would require "firearms show vendors" to perform a check of criminal history before transferring firearms at a gun show
HB 746: Possession of firearms; child day center (Patron: C. Charles Caputo) - prohibits the possession of a firearm at a child day center
HB 810: Machine gun registration (Patron: Jeion A. Ward)
HB 842: Concealed Weapons; retired Capitol Police - (Patron: Delegate Beverly J. Sherwood) exempts retired Capitol Police officers from concealed weapons permit requirements
HB 843: Concealed handgun permits; access to permittee information (Delegate Beverly J. Sherwood) - protects the public disclosure of permittee names held by the Department of State Police for purposes of entry in tro the Virginia Criminal Information Network
HB 873: Concealed Handgun permits; proof of competency with a handgun (Patron: Joseph P. Johnson, Jr.) clarifies that any honorable discharge from any branch of the armed services serves as proof of competency required to obtain a concealed handgun permit, regardless of when discharge issued
HB 899: Sale of firemarms; microstamping (Patron James M. Scott)
HB 982: Concealed handgun permits: access to permittee information (Patron: Delegate David A. Nutter) - same as HB 370 except for information available to law-enforcement and a list would be made available to non-profit groups for educational and advocacy purposes
HB 1054: Involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records ( Patron: Delegate James M. Scott) - requires that orders for involuntary inpatient and outpatient mental health treatment be forwarded to clerk of court to the central criminal records exchange and that such persons be prohibited from purchasing, possessing or transporting a firearm - this bill codifies Executive Order 50 (2007) (similar to HB 535 and HB 741 and SB 216)
HB 1055: Possession of firearms by certain persons who have had parental rights terminated (Patron James. Ms. Scott)
HB 1168: Temporary detention orders; voluntary and involuntary mental health treatment; purchase of firearms (Delegate Albert C. Eisenberg) - prohibits a person who is subject to a temporary detention order and agrees to a voluntary admission to a mental health facility from purchasing or possessing a firearm - also one involuntarily committed
HB 1220: Carrying concealed handguns; law-enforcement officers on long-term leave ( Patron: Danny C. Bowling) - allows law-enforcement officer on long term leave due to a service-related injury to carry a concealed handgun without a permit
HB 1277: Firearms; carrying at Capitol Square (Patron: Lionell Spruill, Sr.) - prohibits the possession of firearms on Capitol Square, except law-enforcement officers and licensed security guards
HB 1285: Protective orders; transport of firearms by certain law-enforcement officers (Patron: Delegate Clifford L. Athey, Jr.) - allows a law-enforcement officer subject to a protective order or restraining order to transport a firearm while on duty
HB 1371: Concealed handgun permittees; carrying firearms on public property (Patron: C. Todd Gilbert) - would prohibit a state entity, INCLUDING THE BOARD OF VISITORS OF A STATE INSTITUTION OF HIGHER EDUCATION, from prohibiting the possession of a handgun on state property with a valid concealed handgun permit, unless expressly authorized by statute
Bills referred to the House Courts of Justice Committee:
HB 710: Self-defense and defense of others; person occupying dwelling may justify when unlawful entry (Patron: William R. Janis, R-56) - allows deadly force by a lawful occupant against an unlawful intruder when occupant feels in imminent danger
HB 741: Involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records (Patron: C. Charles Caputo) - similar to HB 535
HB 815: Voluntary admission; report to Central Criminal Records Exchange (Patron David B. Albo) - adds to the section requiring reporting of involuntary commitment persons who were the subject of a temporary detention order and who subsequently agreed to voluntary commitment.
HB 835: Mental incompetence; firearms (Patron Brian J. Moran) requires court to send to the Central Criminal Records Exchange orders finding a defendant incompetent to stand trial and orders for involuntary treatment
Bills referred to the House Committee on Rules:
HJ 154: Firearms; joint subcommittee to study laws and policies relating to purchase, etc. in state (Patron: Delegate C.Charles Caputo)
Bills referred to Senate Local Government Committee:
SB 32: Libraries; localities may adopt an ordinance prohibiting firearms, etc. on premises. (Senator Mamie Locke)
SB 33: Outdoor theaters, cabarets, etc.; localities may adopt an ordinance prohibiting firearms, etc. on premises. (Senator Mamie Locke)
SB 300: Dangerous weapons in government facilities (Patron: Senator Mary Margaret Whipple) : allows localities to disallow dangerous weapons on locality property
Bills referred to Senate Courts of Justice Committee:
SB 109: Criminal History record information; required for transfer of firearms (Patron: Senator Henry L. Marsh III) : would require "firearms show vendors" to perform a check of criminal history before transferring firearms at a gun show
SB 216: Involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records Exc (Patron: Senator John S. Edwards): requires that orders for involuntary inpatient and outpatient mental health treatment be forwarded to clerk of court to the central criminal records exchange and that such persons be prohibited from purchasing, possessing or transporting a firearm - this bill codifies Executive Order 50 (2007)
SB 226: Purchase of firearms; consent form; mental health questions (Patron: Ryan T. McDougle) - requires that all persons seeking to purchase a firearm answer questions on the state background check consent form whether been acquitted by reason of insanity, adjudicated legally incompetent or mentally incapacitated or involuntarily admitted to a facility or involuntarily ordered to out-patient mental health treatment
SB 231: Involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records - (Patron: Ryan T. McDougle) - same as SB 216
SB 255: Involuntary mental health treatment; possession of firearms (Patron: R. Creigh Deeds) - allows a judge who issues an order for involuntary admission to a facility or involuntary outpatient treatment also order that firearms be removed from the possession of the person subject to that order
SB 332: Concealed handgun permits; access to personal information of permittees (Patron: Ken T. Cuccinelli): allows applicants for a concealed handgun permit to request that personal information be withheld from public disclosure in response to a Freedom of Information Act request
SB 382: Sale of firearms to persons not lawfully present in the United States (Patron: Stephen H. Martin) - prohibits sale of firearms to a person who is not a citizen of the United States and not lawfully present
SB 476: Concealed handguns; restaurants (Patron: Emmett W. Hanger, Jr.) - prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises
SB 529: Concealed handgun permits; access to permittee information (Senator R. Edward Houck) protects from public disclosure permittee names, etc. for purposes of entry in the Virginia Criminal Information Network
Bills referred to Senate Courts of Justice Sub-Committee: Criminal
SB 222: Possession of firearms by persons who committed felonies while juveniles (Patron: Ryan T. McDougle) - provides that a juvenile adjudicated delinquent of certain heinous felonies shall not be entitled to possess a firearm when he reaches the age of 29
SB 436: Possession of concealed weapons in vehicles (Patron: Jill Holtzman Vogel) - carries an exemption to the prohibition for carrying concealed weapons by allowing those who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if handgun is locked in a container or compartment