Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020     01/07/2020  

Firearms; restoration of rights of persons convicted of violent felonies.

Provides that a person who has been convicted of an act of violence or a violent felony may not petition for a restoration order that unconditionally authorizes possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon until one year after his civil rights have been restored by the Governor or other appropriate authority. The bill further provides that if such person is convicted of a violent misdemeanor, defined in the bill, after his civil rights have been restored, then he may not petition for such order until two years after the date of conviction.

Date Version PDF TXT
01/07/2020 House: Prefiled and ordered printed; offered 01/08/20 20101778D Open

            

2020 SESSION

    20101778D
    HOUSE BILL NO. 964
    Offered January 8, 2020
    Prefiled January 7, 2020
    A BILL to amend and reenact � 18.2-308.2 of the Code of Virginia, as it is currently effective and as it shall become effective, relating to firearms; restoration of rights of persons convicted of violent felonies.
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    Patrons-- Jenkins, Levine and Samirah
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    Referred to Committee on Public Safety
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    Be it enacted by the General Assembly of Virginia:

    1. That � 18.2-308.2 of the Code of Virginia, as it is currently effective and as it shall become effective, is amended and reenacted as follows:

    18.2-308.2. (Effective until January 1, 2021) Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for permit; when issued.

    A. It shall be unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder in violation of � 18.2-31 or 18.2-32, kidnapping in violation of � 18.2-47, robbery by the threat or presentation of firearms in violation of � 18.2-58, or rape in violation of � 18.2-61; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm, any stun weapon as defined by � 18.2-308.1, or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of � 18.2-308. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by � 18.2-308.1. Any person who violates this section shall be guilty of a Class 6 felony. However, any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in � 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence.

    B. The prohibitions of subsection A shall not apply to (i) any person who possesses a firearm, ammunition for a firearm, explosive material or other weapon while carrying out his duties as a member of the Armed Forces of the United States or of the National Guard of Virginia or of any other state, (ii) any law-enforcement officer in the performance of his duties, (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the persons political disabilities, may expressly place conditions upon the reinstatement of the persons right to ship, transport, possess or receive firearms, (iv) any person whose right to possess firearms or ammunition has been restored under the law of another state subject to conditions placed upon the reinstatement of the persons right to ship, transport, possess, or receive firearms by such state, or (v) any person adjudicated delinquent as a juvenile who has completed a term of service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge and who is not otherwise prohibited under clause (i) or (ii) of subsection A.

    C. Any person prohibited from possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon under subsection A may petition the circuit court of the jurisdiction in which he resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a felony or adjudicated delinquent of a disqualifying offense pursuant to subsection A, for a permit to possess or carry a firearm, ammunition for a firearm, or a stun weapon; however, no person who has been convicted of a felony shall be qualified to petition for such a permit unless his civil rights have been restored by the Governor or other appropriate authority. A person who has been convicted of an act of violence, as defined in � 19.2-297.1, or a violent felony, as defined in subsection C of � 17.1-805, may not petition for such a permit until one year after his civil rights have been restored by the Governor or other appropriate authority; however, if such person is convicted of a violent misdemeanor after his civil rights have been restored, then he may not petition for such a permit until two years after the date of conviction of the violent misdemeanor. A copy of the petition shall be mailed or delivered to the attorney for the Commonwealth for the jurisdiction where the petition was filed who shall be entitled to respond and represent the interests of the Commonwealth. The court shall conduct a hearing if requested by either party. The court may, in its discretion and for good cause shown, grant such petition and issue a permit. The provisions of this section relating to firearms, ammunition for a firearm, and stun weapons shall not apply to any person who has been granted a permit pursuant to this subsection.

    C1. Any person who was prohibited from possessing, transporting or carrying explosive material under subsection A may possess, transport or carry such explosive material if his right to possess, transport or carry explosive material has been restored pursuant to federal law.

    C2. The prohibitions of subsection A shall not prohibit any person other than a person convicted of an act of violence as defined in � 19.2-297.1 or a violent felony as defined in subsection C of � 17.1-805 from possessing, transporting, or carrying (i) antique firearms or (ii) black powder in a quantity not exceeding five pounds if it is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms. For the purposes of this subsection, "antique firearms" means any firearm described in subdivision 3 of the definition of "antique firearm" in subsection G of � 18.2-308.2:2.

    D. For the purpose of this section:

    "Ammunition for a firearm" means the combination of a cartridge, projectile, primer, or propellant designed for use in a firearm other than an antique firearm as defined in � 18.2-308.2:2.

    "Explosive material" means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, smokeless gun powder, detonators, blasting caps and detonating cord but shall not include fireworks or permissible fireworks as defined in � 27-95.

    "Violent misdemeanor" shall include (i) stalking in violation of � 18.2-60.3, (ii) sexual battery in violation of � 18.2-67.4, (iii) assault and battery of a family or household member, (iv) assault and battery in violation of � 18.2-57, (v) brandishing a firearm in violation of � 18.2-282, or (vi) any offense substantially similar to the offenses in clauses (i) through (v) in the laws of any other state or of the United States.

    18.2-308.2. (Effective January 1, 2021) Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued.

    A. It shall be unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder in violation of � 18.2-31 or 18.2-32, kidnapping in violation of � 18.2-47, robbery by the threat or presentation of firearms in violation of � 18.2-58, or rape in violation of � 18.2-61; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm, any stun weapon as defined by � 18.2-308.1, or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of � 18.2-308. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by � 18.2-308.1. Any person who violates this section shall be guilty of a Class 6 felony. However, any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in � 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence.

    B. The prohibitions of subsection A shall not apply to (i) any person who possesses a firearm, ammunition for a firearm, explosive material or other weapon while carrying out his duties as a member of the Armed Forces of the United States or of the National Guard of Virginia or of any other state, (ii) any law-enforcement officer in the performance of his duties, (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the persons political disabilities, may expressly place conditions upon the reinstatement of the persons right to ship, transport, possess or receive firearms, (iv) any person whose right to possess firearms or ammunition has been restored under the law of another state subject to conditions placed upon the reinstatement of the persons right to ship, transport, possess, or receive firearms by such state, or (v) any person adjudicated delinquent as a juvenile who has completed a term of service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge and who is not otherwise prohibited under clause (i) or (ii) of subsection A.

    C. Any person prohibited from possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon under subsection A may petition the circuit court of the jurisdiction in which he resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a felony or adjudicated delinquent of a disqualifying offense pursuant to subsection A, for a restoration order that unconditionally authorizes possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon; however, no person who has been convicted of a felony shall be qualified to petition for such an order unless his civil rights have been restored by the Governor or other appropriate authority. A person who has been convicted of an act of violence, as defined in � 19.2-297.1, or a violent felony, as defined in subsection C of � 17.1-805, may not petition for such order until one year after his civil rights have been restored by the Governor or other appropriate authority; however, if such person is convicted of a violent misdemeanor after his civil rights have been restored, then he may not petition for such order until two years after the date of conviction of the violent misdemeanor. A copy of the petition shall be mailed or delivered to the attorney for the Commonwealth for the jurisdiction where the petition was filed who shall be entitled to respond and represent the interests of the Commonwealth. The court shall conduct a hearing if requested by either party. The court may, in its discretion and for good cause shown, grant such petition and issue a restoration order. Such order shall contain the petitioners name and date of birth. The clerk shall certify and forward forthwith to the Central Criminal Records Exchange (CCRE), on a form provided by the CCRE, a copy of the order to be accompanied by a complete set of the petitioners fingerprints. The Department of State Police shall forthwith enter the petitioners name and description in the CCRE so that the orders existence will be made known to law-enforcement personnel accessing the computerized criminal history records for investigative purposes. The provisions of this section relating to firearms, ammunition for a firearm, and stun weapons shall not apply to any person who has been issued a restoration order pursuant to this subsection.

    C1. Any person who was prohibited from possessing, transporting or carrying explosive material under subsection A may possess, transport or carry such explosive material if his right to possess, transport or carry explosive material has been restored pursuant to federal law.

    C2. The prohibitions of subsection A shall not prohibit any person other than a person convicted of an act of violence as defined in � 19.2-297.1 or a violent felony as defined in subsection C of � 17.1-805 from possessing, transporting, or carrying (i) antique firearms or (ii) black powder in a quantity not exceeding five pounds if it is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms. For the purposes of this subsection, "antique firearms" means any firearm described in subdivision 3 of the definition of "antique firearm" in subsection G of � 18.2-308.2:2.

    D. For the purpose of this section:

    "Ammunition for a firearm" means the combination of a cartridge, projectile, primer, or propellant designed for use in a firearm other than an antique firearm as defined in � 18.2-308.2:2.

    "Explosive material" means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, smokeless gun powder, detonators, blasting caps and detonating cord but shall not include fireworks or permissible fireworks as defined in � 27-95.

    "Violent misdemeanor" shall include (i) stalking in violation of � 18.2-60.3, (ii) sexual battery in violation of � 18.2-67.4, (iii) assault and battery of a family or household member, (iv) assault and battery in violation of � 18.2-57, (v) brandishing a firearm in violation of � 18.2-282, or (vi) any offense substantially similar to the offenses in clauses (i) through (v) in the laws of any other state or of the United States.

    Picture Name From Date Type
    Clinton L. Jenkins D-Richmond Sponsor
    Ibraheem S. Samirah D-Richmond Cosponsor
    Mark H. Levine D-Richmond Cosponsor
    Date Branch Action
    01/07/2020 House House: Prefiled and ordered printed; offered 01/08/20 20101778D
    01/07/2020 House House: Referred to Committee on Public Safety
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Wiki





    Start Description.
    Provides that a person who has been convicted of an act of violence or a violent felony may not petition for a restoration order that unconditionally authorizes possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon until one year after his civil rights have been restored by the Governor or other appropriate authority. The bill further provides that if such person is convicted of a violent misdemeanor, defined in the bill, after his civil rights
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    Firearms



    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type