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HB2

Firearm transfers; criminal history record information checks, penalty.

Status:
Enacted

Chief Patron:
Ken Plum (D)

Session:
2020 Regular Session

Summary

As Passed House of Origin. Firearm transfers; criminal history record information checks; penalty.

Requires a background check for any firearm transfer and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill also provides that a transferee who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buy-back or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm may be transferred. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and programs impacted by the bill. This bill incorporates HB 355. (Less)
  • Bill History

  • 11/18/2019 - House: Prefiled and ordered printed; offered 01/08/20 20101194D
  • 11/18/2019 - House: Referred to Committee on Public Safety
  • 11/21/2019 - House: Impact statement from VCSC (HB2)
  • 01/17/2020 - House: Impact statement from DPB (HB2)
  • 01/24/2020 - House: Reported from Public Safety with substitute (13-Y 9-N)
  • 01/24/2020 - House: Committee substitute printed 20106617D-H1
  • 01/24/2020 - House: Incorporates HB355 (Kory)
  • 01/27/2020 - House: Impact statement from VCSC (HB2H1)
  • 01/28/2020 - House: Read first time
  • 01/29/2020 - House: Impact statement from DPB (HB2H1)
  • 01/29/2020 - House: Floor substitute printed 20106943D-H2 (Fariss)
  • 01/29/2020 - House: Incorporates HB355 (Kory)
  • 01/29/2020 - House: Read second time
  • 01/29/2020 - House: Passed by temporarily
  • 01/29/2020 - House: Committee substitute agreed to 20106617D-H1
  • 01/29/2020 - House: Committee substitute reconsidered
  • 01/29/2020 - House: Passed by temporarily
  • 01/29/2020 - House: Committee substitute agreed to 20106617D-H1
  • 01/29/2020 - House: Substitute by Delegate Fariss out of order 20106943D-H2
  • 01/29/2020 - House: Pending question ordered
  • 01/29/2020 - House: Engrossed by House - committee substitute HB2H1
  • 01/30/2020 - House: Impact statement from VCSC (HB2H2)
  • 01/30/2020 - House: Read third time and passed House (54-Y 46-N)
  • 01/30/2020 - House: VOTE: Passage (54-Y 46-N)   Close Floor Vote
  • 01/31/2020 - Senate: Constitutional reading dispensed
  • 01/31/2020 - Senate: Referred to Committee on the Judiciary
  • 02/05/2020 - House: Impact statement from DPB (HB2H2)
  • 02/24/2020 - Senate: Reported from Judiciary with substitute (9-Y 5-N)
  • 02/24/2020 - Senate: Committee substitute printed 20108950D-S1
  • 02/25/2020 - Senate: Constitutional reading dispensed (39-Y 0-N)
  • 02/26/2020 - House: Impact statement from VCSC (HB2S1)
  • 02/26/2020 - Senate: Read third time
  • 02/26/2020 - Senate: Reading of substitute waived
  • 02/26/2020 - Senate: Committee substitute agreed to 20108950D-S1
  • 02/26/2020 - Senate: Engrossed by Senate - committee substitute HB2S1
  • 02/26/2020 - Senate: Passed Senate with substitute (23-Y 17-N)   Close Floor Vote
  • 02/28/2020 - House: Placed on Calendar
  • 02/28/2020 - House: Senate substitute rejected by House 20108950D-S1 (1-Y 98-N)
  • 02/28/2020 - House: VOTE: REJECTED (1-Y 98-N)
  • 03/02/2020 - Senate: Senate insisted on substitute (22-Y 16-N)   Close Floor Vote
  • 03/02/2020 - Senate: Senate requested conference committee
  • 03/03/2020 - House: House acceded to request
  • 03/03/2020 - House: Conferees appointed by House
  • 03/03/2020 - House: Delegates: Plum, Hope, Fariss
  • 03/04/2020 - Senate: Conferees appointed by Senate
  • 03/04/2020 - Senate: Senators: Petersen, Deeds, Obenshain
  • 03/05/2020 - Conference: Amended by conference committee
  • 03/05/2020 - House: Conference report agreed to by House (51-Y 45-N)
  • 03/05/2020 - House: VOTE: Adoption (51-Y 45-N)   Close Floor Vote
  • 03/05/2020 - House: Reconsideration of conference report agreed to by House
  • 03/05/2020 - House: Conference report agreed to by House (54-Y 44-N)
  • 03/05/2020 - House: VOTE: Adoption #2 (54-Y 44-N)   Close Floor Vote
  • 03/07/2020 - Senate: Conference report agreed to by Senate (23-Y 16-N)   Close Floor Vote
  • 03/10/2020 - House: Impact statement from DPB (HB2S1)
  • 03/18/2020 - House: Enrolled
  • 03/18/2020 - House: Bill text as passed House and Senate (HB2ER)
  • 03/18/2020 - Senate: Signed by President
  • 03/19/2020 - House: Signed by Speaker
  • 03/20/2020 - House: Impact statement from DPB (HB2ER)
  • 03/20/2020 - House: Enrolled Bill communicated to Governor on March 20, 2020
  • 03/20/2020 - Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
  • 04/10/2020 - Governor: Approved by Governor-Chapter 1111 (effective 7/1/20)
  • 04/10/2020 - Governor: Acts of Assembly Chapter text (CHAP1111)