Virginia Citizens Defense League, Inc.
, P.O. Box 513, Newington, VA 22122
804-639-0600 • 703-372-3285 • 757-271-3705 • 540-446-5783

VCDL 2023 Legislation Tracking Tool

Bills We Strongly Support

 
Bill Summary Bill Status
HB2449      Patron: Jason S. Ballard  -  all patrons                                       

Concealed handgun permits; Virginia Criminal Information Network; disclosure of information. Limits the exception to the requirement that the State Police withhold from public disclosure concealed handgun permittee information submitted to the State Police for purposes of entry into the Virginia Criminal Information Network provided under current law for any law-enforcement agency, officer, or authorized agent thereof acting in the performance of official law-enforcement duties or an entity that has a valid contract with any local, state, or federal law-enforcement agency for the purpose of performing official duties of the law-enforcement agency to apply only when such permittee information is related to an ongoing criminal investigation or prosecution.

Full text:


VCDL Comments
This bill protects the permittee information from being released from the Virginia Concealed Handgun Permit database to anyone except for a law enforcement agency, and then only if the permittee information is related to a criminal investigation or prosecution.
01/20/23  House: Presented and ordered printed 23104483D
01/20/23  House: Referred to Committee on Public Safety
01/25/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends reporting (6-Y 4-N)
01/27/23  House: Reported from Public Safety (12-Y 10-N)
01/31/23  House: Read first time
02/01/23  House: Read second time and engrossed
02/02/23  House: Read third time and passed House (52-Y 48-N)
02/02/23  House: VOTE: Passage (52-Y 48-N)
02/03/23  Senate: Constitutional reading dispensed
02/03/23  Senate: Referred to Committee on the Judiciary
02/13/23  Senate: Reported from Judiciary with amendments (14-Y 1-N)
02/14/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/15/23  Senate: Read third time
02/15/23  Senate: Reading of amendments waived
02/15/23  Senate: Committee amendments agreed to
02/15/23  Senate: Engrossed by Senate as amended
02/15/23  Senate: Passed Senate with amendments (40-Y 0-N)
02/17/23  House: Senate amendments agreed to by House (53-Y 46-N)
02/17/23  House: VOTE: Adoption (53-Y 46-N)
02/22/23  House: Enrolled
02/22/23  House: Bill text as passed House and Senate (HB2449ER)
02/22/23  House: Signed by Speaker
02/24/23  Senate: Signed by President
03/02/23  House: Enrolled Bill communicated to Governor on March 2, 2023
03/02/23  Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
03/22/23  Governor: Approved by Governor-Chapter 279 (effective 7/1/23)
03/22/23  Governor: Acts of Assembly Chapter text (CHAP0279)
 
HB2467      Patron: Chris S. Runion  -  all patrons                                       
Purchase of firearms; special identification without a photograph. Provides that to establish personal identification and residence in Virginia for the purposes of purchasing a firearm, a prospective purchaser may present a special identification card without a photograph issued by the Department of Motor Vehicles to a person with a sincerely held religious belief prohibiting the taking of a photograph.



VCDL Comments
This bill allows the purchase of firearms using identification without a photograph.
01/20/23  House: Presented and ordered printed 23103460D
01/20/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends reporting (9-Y 1-N)
01/27/23  House: Reported from Public Safety (13-Y 9-N)
01/31/23  House: Read first time
02/01/23  House: Read second time and engrossed
02/02/23  House: Read third time and passed House (73-Y 27-N)
02/02/23  House: VOTE: Passage (73-Y 27-N)
02/03/23  Senate: Constitutional reading dispensed
02/03/23  Senate: Referred to Committee on the Judiciary
02/20/23  Senate: Reported from Judiciary (15-Y 0-N)
02/21/23  Senate: Constitutional reading dispensed (39-Y 0-N)
02/22/23  Senate: Read third time
02/22/23  Senate: Passed Senate (40-Y 0-N)
03/07/23  House: Enrolled
03/07/23  House: Bill text as passed House and Senate (HB2467ER)
03/08/23  House: Signed by Speaker
03/08/23  Senate: Signed by President
03/13/23  House: Enrolled Bill communicated to Governor on March 13, 2023
03/13/23  Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
03/24/23  Governor: Approved by Governor-Chapter 464 (effective 7/1/23)
03/24/23  Governor: Acts of Assembly Chapter text (CHAP0464)
 
HB1422      Patron: Carrie E. Coyner  -  all patrons                                       

Concealed handgun permit; demonstrated competence. Adds a firearms safety or training course conducted by the United States Concealed Carry Association (USCCA) or by a USCCA-certified firearms instructor, or any firearms safety or training course or class available to the general public offered by a law-enforcement agency, institution of higher education, or private or public institution or organization or firearms training school utilizing instructors certified by the USCCA to those programs that satisfy the demonstration of competence requirement for the issuance of a Virginia resident or nonresident concealed handgun permit. This bill is identical to SB 898.



VCDL Comments
This bill adds United States Concealed Carry Association to the list of organizations whose firearms training courses satisfy the training requirement to get a concealed handgun permit.
12/14/22  House: Prefiled and ordered printed; offered 01/11/23 23100744D
12/14/22  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends reporting (6-Y 4-N)
01/27/23  House: Reported from Public Safety (12-Y 9-N)
01/31/23  House: Read first time
02/01/23  House: Read second time and engrossed
02/02/23  House: Read third time and passed House (55-Y 45-N)
02/02/23  House: VOTE: Passage (55-Y 45-N)
02/03/23  Senate: Constitutional reading dispensed
02/03/23  Senate: Referred to Committee on the Judiciary
02/13/23  Senate: Reported from Judiciary (13-Y 0-N)
02/14/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/15/23  Senate: Read third time
02/15/23  Senate: Passed by for the day
02/16/23  Senate: Read third time
02/16/23  Senate: Passed Senate (40-Y 0-N)
02/21/23  House: Enrolled
02/21/23  House: Bill text as passed House and Senate (HB1422ER)
02/21/23  House: Signed by Speaker
02/23/23  Senate: Signed by President
03/02/23  House: Enrolled Bill communicated to Governor on March 2, 2023
03/02/23  Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
03/21/23  Governor: Approved by Governor-Chapter 93 (effective 7/1/23)
03/21/23  Governor: Acts of Assembly Chapter text (CHAP0093)
 
HB2298      Patron: R. Lee Ware  -  all patrons                                       

Carrying concealed weapons; exceptions; penalty. Removes switchblade knives from and adds stiletto knives to the list of concealed weapons the carrying of which is prohibited in public.



VCDL Comments
This bill removes switchblade knives from the list of concealed weapons in 18.2-308. Switchblades were made legal in 2022 by a total vote of 138 to 2, but there was no provision to carry a switchblade in a pocket, severely restricting the knifes utility and transport. This bill corrects that situation.
01/11/23  House: Presented and ordered printed 23103436D
01/11/23  House: Referred to Committee for Courts of Justice
01/28/23  House: Assigned Courts sub: Subcommittee #2
01/30/23  House: Subcommittee recommends reporting (7-Y 1-N)
02/03/23  House: Reported from Courts of Justice (16-Y 4-N)
02/05/23  House: Read first time
02/06/23  House: Read second time and engrossed
02/07/23  House: Read third time and passed House (66-Y 32-N)
02/07/23  House: VOTE: Passage (66-Y 32-N)
02/08/23  Senate: Constitutional reading dispensed
02/08/23  Senate: Referred to Committee on the Judiciary
02/20/23  Senate: Reported from Judiciary with amendment (12-Y 0-N)
02/21/23  Senate: Constitutional reading dispensed (39-Y 0-N)
02/22/23  Senate: Read third time
02/22/23  Senate: Reading of amendment waived
02/22/23  Senate: Committee amendment agreed to
02/22/23  Senate: Engrossed by Senate as amended
02/22/23  Senate: Passed Senate with amendment (40-Y 0-N)
02/23/23  House: Passed by temporarily until after House recess
02/23/23  House: Senate amendment agreed to by House (61-Y 32-N)
02/23/23  House: VOTE: Adoption (61-Y 32-N)
03/07/23  House: Enrolled
03/07/23  House: Bill text as passed House and Senate (HB2298ER)
03/08/23  House: Signed by Speaker
03/08/23  Senate: Signed by President
03/13/23  House: Enrolled Bill communicated to Governor on March 13, 2023
03/13/23  Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
03/26/23  Governor: Approved by Governor-Chapter 611 (effective 7/1/23)
03/26/23  Governor: Acts of Assembly Chapter text (CHAP0611)
 
Bills We Support

 
Bill Summary Bill Status
HB2387      Patron: Alfonso H. Lopez  -  all patrons                                       

Firearm safety device tax credit. Establishes a nonrefundable income tax credit for taxable years 2023 through 2027 for individuals who purchase one or more firearm safety devices, as defined in the bill, in an eligible transaction, as defined in the bill. An individual who properly claims this credit shall be allowed a credit in the amount of up to $300 for the cost incurred in such purchase. The aggregate amount of credits allowable under the provisions of the bill shall not exceed $5 million per taxable year.



VCDL Comments
This bill provides a tax credit once per year, at face value, for the purchase of any locking firearm safety-device, including a gun safe or lock box.
01/16/23  House: Presented and ordered printed 23103758D
01/16/23  House: Referred to Committee on Finance
01/30/23  House: Assigned Finance sub: Subcommittee #2
01/31/23  House: Subcommittee recommends reporting with amendments (8-Y 0-N)
02/01/23  House: Reported from Finance with amendment(s) (21-Y 1-N)
02/01/23  House: Referred to Committee on Appropriations
02/03/23  House: Reported from Appropriations with amendment(s) (21-Y 0-N)
02/05/23  House: Read first time
02/06/23  House: Read second time
02/06/23  House: Committee on Finance amendment agreed to
02/06/23  House: Committee on Appropriations amendment agreed to
02/06/23  House: Engrossed by House as amended HB2387E
02/06/23  House: Printed as engrossed 23103758D-E
02/07/23  House: Read third time and passed House (98-Y 1-N)
02/07/23  House: VOTE: Passage (98-Y 1-N)
02/08/23  Senate: Constitutional reading dispensed
02/08/23  Senate: Referred to Committee on the Judiciary
02/13/23  Senate: Reported from Judiciary (15-Y 0-N)
02/13/23  Senate: Rereferred to Finance and Appropriations
02/14/23  Senate: Reported from Finance and Appropriations with substitute (16-Y 0-N)
02/14/23  Senate: Committee substitute printed 23106728D-S1
02/14/23  Senate: Constitutional reading dispensed (40-Y 0-N)
02/15/23  Senate: Read third time
02/15/23  Senate: Reading of substitute waived
02/15/23  Senate: Committee substitute agreed to 23106728D-S1
02/15/23  Senate: Engrossed by Senate - committee substitute HB2387S1
02/15/23  Senate: Passed Senate with substitute (40-Y 0-N)
02/15/23  House: Senate substitute agreed to by House 23106728D-S1 (91-Y 4-N 1-A)
02/15/23  House: VOTE: Adoption (91-Y 4-N 1-A)
02/20/23  House: Enrolled
02/20/23  House: Bill text as passed House and Senate (HB2387ER)
02/20/23  House: Signed by Speaker
02/21/23  Senate: Signed by President
03/02/23  House: Enrolled Bill communicated to Governor on March 2, 2023
03/02/23  Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
03/22/23  Governor: Approved by Governor-Chapter 220 (effective 7/1/23)
03/22/23  Governor: Acts of Assembly Chapter text (CHAP0220)
 
 
Bills We Strongly Oppose

 
Bill Summary Bill Status
 
Bills We Oppose

 
Bill Summary Bill Status
 
Bills We Are Currently Neutral On

 
Bill Summary Bill Status
SB1492      Patron: Bill DeSteph  -  all patrons                                       

Carrying a firearm or explosive material within Capitol Square and the surrounding area; exceptions for State Police officers. Adds an exception for off-duty State Police officers and retired State Police officers to the prohibition on carrying a firearm within Capitol Square and the surrounding area, any building owned or leased by the Commonwealth or any agency thereof, or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties.



VCDL Comments
This bill exempts off-duty State Police officer and retired Virginia police officers for the firearm ban in the Capitol, General Assembly, Capitol Square, and State government buildings. HB 1407, Delegate Brewer, is a better bill, as it exempts what SB 1492 does and it also exempts concealed handgun permit holders.
01/19/23  Senate: Presented and ordered printed 23104400D
01/19/23  Senate: Referred to Committee on the Judiciary
01/23/23  Senate: Reported from Judiciary with amendment (15-Y 0-N)
01/24/23  Senate: Constitutional reading dispensed (38-Y 0-N)
01/25/23  Senate: Read second time
01/25/23  Senate: Reading of amendment waived
01/25/23  Senate: Committee amendment agreed to
01/25/23  Senate: Engrossed by Senate as amended SB1492E
01/25/23  Senate: Printed as engrossed 23104400D-E
01/26/23  Senate: Read third time and passed Senate (39-Y 0-N)
02/08/23  House: Placed on Calendar
02/08/23  House: Read first time
02/08/23  House: Referred to Committee on Public Safety
02/08/23  House: Assigned PS sub: Subcommittee #1
02/09/23  House: Subcommittee recommends reporting (8-Y 2-N)
02/10/23  House: Reported from Public Safety (20-Y 2-N)
02/14/23  House: Read second time
02/15/23  House: Passed by for the day
02/16/23  House: Read third time
02/16/23  House: Passed House (59-Y 40-N)
02/16/23  House: VOTE: Passage (59-Y 40-N)
02/21/23  Senate: Enrolled
02/21/23  Senate: Bill text as passed Senate and House (SB1492ER)
02/21/23  House: Signed by Speaker
02/24/23  Senate: Signed by President
03/02/23  Senate: Enrolled Bill Communicated to Governor on March 2, 2023
03/02/23  Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
03/26/23  Senate: Governor's recommendation received by Senate
04/12/23  Senate: Passed by for the day
04/12/23  Senate: Communicated to Governor
05/12/23  Governor: Approved by Governor-Chapter 810 (effective 7/1/23)
05/12/23  Governor: Acts of Assembly Chapter text (CHAP0810)
 
 
Bills That Have Been Rolled Into Other Bills, Continued to Next Year, Withdrawn or Killed

 
Bill Summary Bill Status
HB2377      Patron: Marcus B. Simon  -  all patrons                                       
Replacement of concealed handgun permits; biometric changes. Provides that if a valid concealed handgun permit holder presents a written notice of a change of name, height, weight, or gender on a form provided by the Department of State Police to the clerk of the court who issued such permit, then such clerk shall issue a replacement permit specifying the permit holder's new information.



VCDL Comments
This bill requires a Circuit Court Clerk to issue a replacement concealed handgun permit for a fee not to exceed $10 if a person presents a form to change various biometric information on his existing concealed handgun permit.
01/16/23  House: Presented and ordered printed 23103024D
01/16/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends laying on the table (5-Y 4-N)
02/07/23  House: Left in Public Safety
 
HB2407      Patron: Angelia Williams Graves  -  all patrons                                       
Purchase of firearms; demonstrated competence with a firearm or completion of a firearms safety or training course; penalty. Requires that a prospective purchaser of a firearm present proof that such prospective purchaser has demonstrated competence with a firearm or completed a firearms safety or training course, as specified in the bill, within the past five years.



VCDL Comments
This bill requires a person to have firearms training or to show firearms competence within the last 5 years to be able to purchase a firearm.
01/17/23  House: Presented and ordered printed 23103702D
01/17/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/07/23  House: Left in Public Safety
 
SB1067      Patron: Scott A. Surovell  -  all patrons                                       

Substantial risk orders; substantial risk factors and considerations. Provides various factors that a judge or magistrate shall consider for the purpose of determining probable cause prior to issuing an emergency substantial risk order or a substantial risk order. The bill provides that such factors shall include whether the person who is subject to the order (i) committed any acts of violence or criminal offenses resulting in injury to himself or another person within the six months prior to the filing of the petition; (ii) made any threats or used any physical force against another person that resulted in injury within the six months prior to the filing of the petition; (iii) violated any provision of a protective order issued or was arrested for stalking within the six months prior to the filing of the petition; (iv) was convicted of any offense that would prohibit such person from possessing a firearm; (v) engaged in any conduct within the year prior to the filing of the petition that demonstrated a pattern of violent acts or threats to another person, including any acts or threats made against family members, neighbors, co-workers, or toward schools or students or government buildings or employees; (vi) committed any acts of violence or criminal offenses against an animal within the six months prior to the filing of the petition; (vii) made any attempt or threat of suicide or any act, attempted act, or threat of self-harm that caused or may have caused serious bodily injury; or (viii) evidence of recent acquisition of a firearm or ammunition by the respondent. The bill also outlines various other factors that a judge or magistrate may, but is not required to, consider for the purpose of issuing an emergency substantial risk order or a substantial risk order.



VCDL Comments
This bill expands the reach of Virginia's Red Flag law to include a fishing expedition on a host of items in the six-month period prior to the Red Flag petition, including if a person bought guns or ammunition during that time. This is the first in an unending litany of ornaments that will be hung on the Red Flag tree, making it easier and easier to takeaway someone.s gun without due process. Red Flag laws are unconstitutional for several reasons. The New York Supreme Court just struck down a similar law there because no mental-health professionals were involved in determining that a person was a danger to themselves or others. Virginia's law has the same problem. Virginia's law violates the federal Americans with Disabilities Act and it violates the Due Process requirement in the Constitution.
01/08/23  Senate: Prefiled and ordered printed; offered 01/11/23 23103667D
01/08/23  Senate: Referred to Committee on the Judiciary
01/23/23  Senate: Reported from Judiciary (10-Y 5-N)
01/24/23  Senate: Constitutional reading dispensed (38-Y 0-N)
01/25/23  Senate: Floor substitute printed 23105335D-S1 (Stuart)
01/25/23  Senate: Passed by for the day
01/26/23  Senate: Substitute by Senator Stuart withdrawn 23105335D-S1
01/26/23  Senate: Read second time and engrossed
01/27/23  Senate: Passed by for the day
01/30/23  Senate: Read third time and passed Senate (23-Y 16-N)
02/10/23  House: Placed on Calendar
02/10/23  House: Read first time
02/10/23  House: Referred to Committee for Courts of Justice
02/16/23  House: Assigned Courts sub: Subcommittee #1
02/17/23  House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
02/22/23  House: Left in Courts of Justice
 
SB918      Patron: Joseph D. Morrissey  -  all patrons                                       
Carrying, sale, transfer, etc., of assault firearms and certain ammunition feeding devices prohibited; penalties. Prohibits the sale of an assault firearm and a large capacity ammunition feeding device, as those terms are defined in the bill. The bill provides that an assault firearm does not include any firearm that is an antique firearm, has been rendered permanently inoperable, is manually operated by bolt, pump, lever, or slide action, or was manufactured before July 1, 2023. The bill provides that any person who willfully and intentionally (i) sells an assault firearm to another person or (ii) purchases an assault firearm from another person is guilty of a Class 1 misdemeanor and that any person who imports, sells, barters, or transfers a large capacity ammunition feeding device is guilty of a Class 1 misdemeanor. The bill also prohibits the carrying of certain shotguns and semi-automatic center-fire rifles and pistols on any public street, road, alley, sidewalk, or public right-of-way or in any public park or any other place of whatever nature that is open to the public. Under current law, the current prohibition on carrying certain shotguns and semi-automatic center-fire rifles and pistols applies to a narrower range of firearms, only in certain localities, and only when such firearms are loaded. The bill prohibits a firearms dealer from selling, renting, trading, or transferring from his inventory any assault firearm to any person.



VCDL Comments
This bill bans the carry of 1) a semiautomatic centerfire rifle or pistol that has a fixed magazine that holds more than 12 rounds or 2) a semiautomatic centerfire rifle or pistol that accepts a detachable magazine and has any of a variety of cosmetic features or 3) a shotgun with a revolving cylinder or a semi-automatic shotgun with any of a variety of cosmetic features, on or about a person on a public street, road, alley, sidewalk, public right-of-way, in a park, or in any place open to the public. Existing .assault firearms. and magazines with more than a 10-round magazine are grandfathered but cannot be sold. "Assault firearms" and magazines with a capacity of more than 10 rounds made after July 1, 2023 cannot be sold either. Of course, the government, our servant, exempts itself from all this nonsense. If one wished to write one of the most unconstitutional bills imaginable, this would be it, and Legislative Services should have flagged this bill as such. The U.S. Supreme Court has said in both DC v Heller and recently The New York State Rifle and Pistol Association v Bruen, that any firearm .in common use. is protected by the Second Amendment. The guns and magazines targeted by this bill are among the most common guns and magazines in the United States. The U.S. Supreme Court has vacated and remanded lawsuits supporting "assault weapon" bans in California and Maryland and a stay is in place on magazine capacity limits in California.
01/06/23  Senate: Prefiled and ordered printed; offered 01/11/23 23102000D
01/06/23  Senate: Referred to Committee on the Judiciary
01/23/23  Senate: Incorporated by Judiciary (SB1382-Deeds) (14-Y 0-N)
 
HB2078      Patron: Kathleen Murphy  -  all patrons                                       
Firearm locks required for sale or transfer of handguns; warning against accessibility to children; penalty. Makes it a Class 1 misdemeanor for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun to any person (i) other than a licensed manufacturer, licensed importer, or licensed dealer, unless the transferee is provided with a locking device for that handgun, or (ii) unless the handgun is accompanied by a warning, in conspicuous and legible type in capital letters printed on a label affixed to the gun and on a separate sheet of paper included within the packaging enclosing the handgun, that handguns should be locked and kept away from children and that there may be civil and criminal liability for failing to do so. The bill provides exceptions for law-enforcement and governmental agencies.



VCDL Comments
This bill requires that handguns be sold with a locking device and with a warning that handguns should be locked and stored separate from their ammunition. It is already federal law that handguns come with a locking device. The warning is misleading as it implies that guns must be unloaded, locked, and separated from ammunition to avoid civil liability. That is not correct. Loaded guns can be secured in a safe. The unloaded, with ammunition stored separately, requirement makes the gun useless for self-defense.
01/10/23  House: Prefiled and ordered printed; offered 01/11/23 23100682D
01/10/23  House: Referred to Committee for Courts of Justice
01/28/23  House: Assigned Courts sub: Subcommittee #2
01/30/23  House: Subcommittee failed to recommend reporting (3-Y 5-N)
02/07/23  House: Left in Courts of Justice
 
HB2164      Patron: Don L. Scott  -  all patrons                                       
Firearms; National Rifle Association. Removes references to the National Rifle Association (the NRA) from the Code and repealing authority for special license plates in support of the NRA.



VCDL Comments
This bill takes firearm courses offered by the National Rifle Association or its instructors off the list of courses that satisfy the training requirement to get a concealed handgun permit. The NRA has been known for its top-notch firearm training since its inception. This bill, which seems like a personal vendetta against the NRA, would make it significantly harder and more expensive for permit applicants to get the training required by Virginia.
01/11/23  House: Prefiled and ordered printed; offered 01/11/23 23103324D
01/11/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends passing by indefinitely (6-Y 4-N)
02/07/23  House: Left in Public Safety
 
HB2227      Patron: Kathleen Murphy  -  all patrons                                       
Civil action against parent; minor's possession and use of firearm. Creates a civil cause of action against a parent, guardian, legal custodian, or other person standing in loco parentis of a minor for injury to the person or property of another or for wrongful death resulting from the minor's possession and use of a firearm if it can be shown by a preponderance of the evidence that the minor came into possession of such firearm because of the failure of the civil defendant to reasonably secure the firearm.



VCDL Comments
This bill makes a parent, guardian, legal custodian, or a person acting in loco parentis to be held civilly liable if a minor uses a firearm to injure a person or property, or kills another and it can be shown by a preponderance of the evidence that the civil defendant didn.t reasonably secure the firearm. Because of the seriousness of the civil suit, the standard should be "beyond a reasonable doubt."
01/11/23  House: Prefiled and ordered printed; offered 01/11/23 23104029D
01/11/23  House: Referred to Committee for Courts of Justice
01/28/23  House: Assigned Courts sub: Subcommittee #2
01/30/23  House: Subcommittee failed to recommend reporting (3-Y 3-N)
02/07/23  House: Left in Courts of Justice
 
HB2240      Patron: Dan I. Helmer  -  all patrons                                       
Prohibiting the sale, transport, etc., of assault firearms, large-capacity firearm magazines, and silencers; penalties. Expands the definition of "assault firearm" and prohibits any person from importing, selling, transferring, manufacturing, purchasing, or transporting an assault firearm. A violation of this provision of the bill is a Class 6 felony. The bill also prohibits a dealer from selling, renting, trading, or transferring from his inventory an assault firearm to any person. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, or transport a large-capacity firearm magazine, as defined in the bill, and a Class 1 misdemeanor to possess such large-capacity firearm magazine. The bill provides that any person who legally owns a large-capacity firearm magazine on July 1, 2023, may retain possession of such firearm magazine until January 1, 2024, and during that time, such person shall (i) render the large-capacity firearm magazine permanently inoperable, (ii) remove the large-capacity firearm magazine from the Commonwealth, (iii) transfer the large-capacity firearm magazine to a person outside the Commonwealth who is not prohibited from possessing it, or (iv) surrender the large-capacity firearm magazine to a state or local law-enforcement agency. Finally, the bill makes it a Class 6 felony for any person to import, sell, transfer, manufacture, or purchase a silencer, except as provided for in the National Firearms Act.



VCDL Comments
This bill is a collection of unconstitutional restrictions on firearms, including a ban on certain semiautomatic firearms that are "in common use" per the Supreme Court.s Bruen ruling, magazines that hold more than 15 rounds, and suppressors. It also removes an exemption for CHP holders to be able to carry certain loaded firearms in certain localities, even though there have been no issues with CHP holders doing so.
01/11/23  House: Prefiled and ordered printed; offered 01/11/23 23104162D
01/11/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends passing by indefinitely (6-Y 4-N)
02/07/23  House: Left in Public Safety
 
HB2273      Patron: C.E. Cliff Hayes, Jr.  -  all patrons                                       
Purchase of firearms; waiting period; penalty. Provides that no person shall sell a firearm unless at least three days have elapsed from the time the prospective purchaser completes the written consent form to have a licensed dealer obtain criminal history record information, with exceptions for (i) transactions between licensed firearms importers or collectors, manufacturers, or dealers; (ii) purchases by or sales to any law-enforcement officer or agent of the United States, the Commonwealth or any local government, or any campus police officer; (iii) sales of antique firearms or curios or relics, as defined in relevant law; (iv) sales to an authorized representative of the Commonwealth or any subdivision thereof as part of an authorized voluntary gun buy-back or give-back program; (v) sales that occur at a firearms show and the seller has received a determination from the Department of State Police that the purchaser is not prohibited under state or federal law from possessing a firearm; or (vi) sales of a service weapon to a retired law-enforcement officer.



VCDL Comments
This bill creates a mandatory 3-day waiting period for the purchase of a firearm. The current background check system was promised to provide an "instant check," where gun purchasers could get their gun in a few minutes. This bill makes a mockery of that promise.
01/11/23  House: Prefiled and ordered printed; offered 01/11/23 23102364D
01/11/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/07/23  House: Left in Public Safety
 
HB2288      Patron: Mark D. Sickles  -  all patrons                                       
Assault firearms; purchase; age requirement; penalty. Provides that in order to purchase an assault firearm a person must be 21 years of age or older. The bill also expands the definition of "assault firearm" as the term applies to criminal history record information checks.



VCDL Comments
This bill significantly expands the term "assault firearm" to capture more firearms and then makes those firearms unavailable for purchase from a dealer if the buyer is under 21 years old. This prohibition on an adult owning semi-automatic firearms with certain cosmetic features is unconstitutional under the Supreme Court.s Bruen ruling.
01/11/23  House: Prefiled and ordered printed; offered 01/11/23 23103539D
01/11/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/07/23  House: Left in Public Safety
 
HB2141      Patron: Schuyler T. VanValkenburg  -  all patrons                                       
Owners of firearms; use of firearm by minor in commission of crime or to cause bodily injury; penalty. Creates a Class 1 misdemeanor for an owner of a firearm, as defined in the bill, who (i) allows a minor to possess such firearm and such minor uses such firearm (a) in the commission of a crime or (b) to intentionally or with gross negligence cause bodily injury to himself or another person, or (ii) knows or reasonably should know that a minor is in close proximity, as defined in the bill, to such firearm as to allow such minor to possess or transport such firearm in violation of law and the minor uses such firearm (a) in the commission of a crime or (b) to cause bodily injury to himself or another person. The bill elevates the penalty to a Class 5 felony if such owner of a firearm knows or reasonably should have known that such minor has been charged with or convicted of or adjudicated delinquent of a violent crime or has been the subject of a school-initiated threat assessment.



VCDL Comments
This bill holds the owner of a firearm criminally liable if a minor is given access to that firearm and commits a crime or causes bodily injury to himself or another intentionally or due to gross negligence. This bill covers any kind of crime, including jaywalking.
01/10/23  House: Prefiled and ordered printed; offered 01/11/23 23103789D
01/10/23  House: Referred to Committee for Courts of Justice
01/28/23  House: Assigned Courts sub: Subcommittee #2
01/30/23  House: Subcommittee failed to recommend reporting (3-Y 4-N)
02/07/23  House: Left in Courts of Justice
 
SB1353      Patron: Thomas K. Norment, Jr.  -  all patrons                                       
Firearms-related offenses; mandatory minimum sentences; penalty. Increases from three to five years for a first offense and from five to 10 years for a second or subsequent offense the mandatory minimum sentences for use or display of a firearm during the commission of certain felonies. The bill also increases the punishment from a Class 6 felony to a Class 5 felony and increases from five to 10 years the mandatory minimum sentence for knowingly possessing any firearm within the building of a child day center or public, private, or religious preschool, elementary, middle, or high school and intending to use, or attempting to use, such firearm, or displaying such weapon in a threatening manner. The bill also increases the punishment from a Class 6 felony to a Class 5 felony and increases from five to 10 years for a person previously convicted of a violent felony and from two to five years for a person previously convicted of any other felony within the prior 10 years the mandatory minimum sentences for knowingly and intentionally possessing or transporting any firearm.



VCDL Comments
This bill increases some penalties for the intentional misuse of firearms to commit various crimes. VCDL opposes mandatory minimums, as judges have no discretion, but supports tough sentences for violent criminals to keep them away from us for as long as possible. If judges are not doing their job with proper sentencing, don.t reappoint them.
01/11/23  Senate: Prefiled and ordered printed; offered 01/11/23 23103248D
01/11/23  Senate: Referred to Committee on the Judiciary
01/30/23  Senate: Passed by indefinitely in Judiciary (8-Y 6-N 1-A)
 
SB1378      Patron: Bill DeSteph  -  all patrons                                       
Use, display, or concealment of firearm in committing certain felonies; penalty. Provides that a person is guilty of a separate felony if he carries about his person any pistol, shotgun, rifle, or other firearm that is hidden from common observation while committing or attempting to commit certain other felonies. The bill also increases from three to five years for a first offense and from five to 10 years for a second or subsequent offense the mandatory minimum sentences for use or display of a firearm during the commission of certain felonies.



VCDL Comments
This bill adds a criminal provision for carrying a concealed firearm while committing a violent crime.
01/11/23  Senate: Prefiled and ordered printed; offered 01/11/23 23103904D
01/11/23  Senate: Referred to Committee on the Judiciary
01/23/23  Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
 
HB1420      Patron: Bill Wiley  -  all patrons                                       
Carrying a concealed handgun; permit not required. Allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.



VCDL Comments
This bill allows someone without a concealed handgun permit, but who would qualify for one, to carry a concealed handgun anywhere they could lawfully open carry a handgun. Twenty-five states now have Constitutional Carry, none have repealed it, and more states are expected to follow suit this year. Neighboring Kentucky, Tennessee and West Virginia are all Constitutional Carry states.
12/13/22  House: Prefiled and ordered printed; offered 01/11/23 23100888D
12/13/22  House: Referred to Committee on Rules
02/07/23  House: Left in Rules
 
HB1393      Patron: Marie E. March  -  all patrons                                       
Carrying a concealed handgun; permit not required. Allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.



VCDL Comments
This bill allows someone without a concealed handgun permit, but who would qualify for one, to carry a concealed handgun anywhere they could lawfully open carry a handgun. Twenty-five states now have Constitutional Carry, none have repealed it, and more states are expected to follow suit this year. Neighboring Kentucky, Tennessee and West Virginia are all Constitutional Carry states.
11/30/22  House: Prefiled and ordered printed; offered 01/11/23 23100070D
11/30/22  House: Referred to Committee on Rules
02/07/23  House: Left in Rules
 
SB1488      Patron: Amanda F. Chase  -  all patrons                                       
Firearms; removal from persons posing substantial risk; penalties. Repeals the procedure by which any attorney for the Commonwealth or law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. The bill also removes the substantial risk order registry for the entry of orders issued.



VCDL Comments
This bill repeals 'Red Flag' Substantial Risk Orders (SROs). SROs don't get any help for a person in crisis, they only confiscate that person's firearms. This does nothing to prevent the person from committing suicide or harming others. SROs also do not give a person a chance to defend the accusation against them for two weeks. Justice delayed is justice denied. Virginia's Temporary Restraining Orders have existed for years and DO get a person in crisis help and they only take away a person's right to possess firearms after it is determined by medical experts that the person actually does need help.
01/19/23  Senate: Presented and ordered printed 23104312D
01/19/23  Senate: Referred to Committee on the Judiciary
01/30/23  Senate: Passed by indefinitely in Judiciary (10-Y 5-N)
 
HB2459      Patron: John J. McGuire, III  -  all patrons                                       
Firearm-free zones designated by the Commonwealth or a locality; waiver of sovereign immunity.



VCDL Comments
This bill takes away sovereign immunity from the Commonwealth or localities if they have a firearm-free zone regarding injuries to any persons lawfully present.
01/20/23  House: Presented and ordered printed 23105020D
01/20/23  House: Referred to Committee on Rules
02/07/23  House: Left in Rules
 
HB2460      Patron: C. Matthew Fariss  -  all patrons                                       
Control of firearms by state agencies; rights of employees. Prohibits state agencies other than the Department of Corrections, Department of Juvenile Justice, and Virginia Port Authority and public institutions of higher education from adopting any regulation or workplace rule preventing officers or employees of such agencies from storing a lawfully possessed firearm and ammunition in a locked private motor vehicle at their workplace unless the adoption of the regulation is expressly authorized by statute. The bill also provides that any such regulation or rule adopted prior to July 1, 2023, is invalid.



VCDL Comments
This bill allows state agency employees, with a few exceptions, to have firearms stored in a locked vehicle while on state property, just like local government employees can do currently.
01/20/23  House: Presented and ordered printed 23102293D
01/20/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends reporting (6-Y 4-N)
01/27/23  House: Reported from Public Safety (12-Y 10-N)
01/31/23  House: Read first time
02/01/23  House: Read second time and engrossed
02/02/23  House: Read third time and passed House (54-Y 45-N)
02/02/23  House: VOTE: Passage (54-Y 45-N)
02/03/23  Senate: Constitutional reading dispensed
02/03/23  Senate: Referred to Committee on the Judiciary
02/20/23  Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
 
HB2464      Patron: Nicholas J. Freitas  -  all patrons                                       
Firearms; removal from persons posing substantial risk; penalties.



VCDL Comments
This bill repeals 'Red Flag' Substantial Risk Orders (SROs). SROs don't get any help for a person in crisis, they only confiscate that person's firearms. This does nothing to prevent the person from committing suicide or harming others. SROs also do not give a person a chance to defend the accusation against them for two weeks. Justice delayed is justice denied. Virginia's Temporary Restraining Orders have existed for years and DO get a person in crisis help and they only take away a person's right to possess firearms after it is determined by medical experts that the person actually does need help.
01/20/23  House: Presented and ordered printed 23105034D
01/20/23  House: Referred to Committee on Rules
02/07/23  House: Left in Rules
 
HB1462      Patron: Bill Wiley  -  all patrons                                       
Criminal history record information check required for the transfer of certain firearms; photo identification. Removes the provision that prevents a firearms dealer from selling or otherwise transferring a firearm to a prospective purchaser until 30 days after the date of issue of the prospective purchaser's original or duplicate photo identification.



VCDL Comments
This bill repeals the 30-day wait to purchase a firearm when getting a new driver's license. Removes unnecessary restriction that was instituted when Virginia driver's licenses were not as secure.
12/25/22  House: Prefiled and ordered printed; offered 01/11/23 23101809D
12/25/22  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends reporting (6-Y 4-N)
01/27/23  House: Reported from Public Safety (12-Y 10-N)
01/31/23  House: Read first time
02/01/23  House: Read second time and engrossed
02/02/23  House: Read third time and passed House (52-Y 48-N)
02/02/23  House: VOTE: Passage (52-Y 48-N)
02/03/23  Senate: Constitutional reading dispensed
02/03/23  Senate: Referred to Committee on the Judiciary
02/20/23  Senate: Failed to report (defeated) in Judiciary (6-Y 9-N)
 
HB1398      Patron: Marie E. March  -  all patrons                                       
Carrying a concealed handgun with a permit; private property. Prohibits an owner of private property from prohibiting a person who has a valid concealed handgun permit from storing a firearm or other weapon in a motor vehicle if such vehicle is located in a parking lot, traffic circle, or other means of vehicular ingress or egress to such private property that is open to the public. Under current law, the owner of the private property where the vehicle is located may prohibit the possession of any handgun or other weapon on his property.



VCDL Comments
This bill allows a person with a concealed handgun permit to store their handgun in their motor vehicle while in a public parking lot on private property, regardless of any general prohibition of firearms or weapons on that private property.
11/30/22  House: Prefiled and ordered printed; offered 01/11/23 23100741D
11/30/22  House: Referred to Committee on Rules
02/07/23  House: Left in Rules
 
HB1407      Patron: Emily M. Brewer  -  all patrons                                       
Carrying a firearm or explosive material within Capitol Square and the surrounding area, into a building owned or leased by the Commonwealth, etc.; exception for concealed handgun permit holders. Adds an exception for persons who have been issued a valid concealed handgun permit by the Commonwealth or persons who have a valid concealed handgun or concealed weapon permit or license by reciprocity to the prohibition of carrying a firearm within Capitol Square and the surrounding area, any building owned or leased by the Commonwealth or any agency thereof, or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties.



VCDL Comments
This bill repeals the prohibition on the otherwise lawful carrying of firearms by a concealed handgun permit holder in the Capitol, General Assembly Building, Capitol Square, and property that is owned or leased by the Commonwealth, such as rest stops, DMV, and ABC stores. Permit holders have been lawfully carrying in all those places for decades without incident and have a natural right to be able to defend themselves there.
12/06/22  House: Prefiled and ordered printed; offered 01/11/23 23101198D
12/06/22  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends reporting (6-Y 4-N)
01/27/23  House: Reported from Public Safety (12-Y 10-N)
01/31/23  House: Read first time
02/01/23  House: Read second time and engrossed
02/02/23  House: Read third time and passed House (54-Y 45-N)
02/02/23  House: VOTE: Passage (54-Y 45-N)
02/03/23  Senate: Constitutional reading dispensed
02/03/23  Senate: Referred to Committee on the Judiciary
02/20/23  Senate: Passed by indefinitely in Judiciary (9-Y 5-N)
 
SB1484      Patron: R. Creigh Deeds  -  all patrons                                       

Carrying a firearm or explosive material within Capitol Square or building owned or leased by the Commonwealth; exemptions; public institutions of higher education. Limits the exemption from the prohibition on the carrying of any firearm or explosive material within any building owned or leased by the Commonwealth or agency thereof or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties that currently applies to any property owned or operated by a public institution of higher education to instead apply to any individual within a building owned or operated by a public institution of higher education who possesses a weapon as part of such public institution of higher education's curriculum or activities or as part of any organization authorized by the public institution of higher education to conduct its programs or activities within such building.



VCDL Comments
This bill restricts firearms at public institutions of higher education by requiring such firearms be part of an authorized program or activity inside a building. A solution in search of a problem. Higher education students are adults and have a right to self-defense.
01/19/23  Senate: Presented and ordered printed 23104414D
01/19/23  Senate: Referred to Committee on the Judiciary
01/23/23  Senate: Reported from Judiciary (10-Y 5-N)
01/23/23  Senate: Rereferred to Finance and Appropriations
02/02/23  Senate: Reported from Finance and Appropriations (13-Y 3-N)
02/03/23  Senate: Constitutional reading dispensed (38-Y 0-N)
02/06/23  Senate: Printed as engrossed 23104414D-E
02/06/23  Senate: Read second time
02/06/23  Senate: Reading of amendment waived
02/06/23  Senate: Amendment by Senator Deeds agreed to
02/06/23  Senate: Engrossed by Senate as amended SB1484E
02/07/23  Senate: Read third time and passed Senate (23-Y 17-N)
02/09/23  House: Placed on Calendar
02/09/23  House: Read first time
02/09/23  House: Referred to Committee on Public Safety
02/09/23  House: Assigned PS sub: Subcommittee #1
02/09/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/22/23  House: Left in Public Safety
 
SB1489      Patron: Bill DeSteph  -  all patrons                                       

Weapons; possession or transportation; facility that provides mental health services or developmental services; penalty. Makes it a Class 1 misdemeanor for any person to possess in or transport into any facility that provides mental health services or developmental services in the Commonwealth, including a hospital or an emergency room or other facility rendering emergency medical care, any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) other dangerous weapon, including explosives and stun weapons. The bill provides that any such firearm, knife, explosive, or weapon is subject to seizure by a law-enforcement officer and specifies exceptions to the prohibition.



VCDL Comments
This bill makes it illegal for anyone, including a concealed handgun permit holder, to carry a firearm into a hospital, or facilities providing mental health services or developmental services. There is absolutely nothing to justify such a restriction, especially for concealed handgun permit holders.
01/19/23  Senate: Presented and ordered printed 23104331D
01/19/23  Senate: Referred to Committee on the Judiciary
01/23/23  Senate: Stricken at the request of Patron in Judiciary (12-Y 3-N)
 
HB2456      Patron: Angelia Williams Graves (by request)  -  all patrons                                       
Weapons; possession or transportation; facility that provides mental health services or developmental services; penalty. Makes it a Class 1 misdemeanor for any person to possess in or transport into any facility that provides mental health services or developmental services in the Commonwealth, including a hospital or an emergency room or other facility rendering emergency medical care, any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) other dangerous weapon, including explosives and stun weapons. The bill provides that any such firearm, knife, explosive, or weapon is subject to seizure by a law-enforcement officer and specifies exceptions to the prohibition.



VCDL Comments
This bill makes it illegal for anyone, including a concealed handgun permit holder, to carry a firearm into a hospital, or facilities providing mental health services or developmental services. There is absolutely nothing to justify such a restriction, especially for concealed handgun permit holders.
01/20/23  House: Presented and ordered printed 23104121D
01/20/23  House: Referred to Committee for Courts of Justice
01/28/23  House: Assigned Courts sub: Subcommittee #2
02/07/23  House: Left in Courts of Justice
 
HB2420      Patron: A.C. Cordoza  -  all patrons                                       

Nonresident concealed handgun permits. Provides that if the Department of State Police has not issued a nonresident concealed handgun permit nor determined that the applicant for such permit is disqualified within 90 days of receipt of the completed application for such permit, the Department shall immediately issue the permit. Current law does not specify a time limit for issuance of such permit or determination of disqualification. The bill retains the current requirement that if after issuance of the permit the permittee is found by the Department to be disqualified, the permit shall be revoked and the person shall return the permit after being so notified by the Department.



VCDL Comments
This bill sets the maximum of days that the Virginia State Police can take when processing a non-resident concealed handgun permit to 90. Currently there is no limit and people have had to wait well over 6 to 8 months to get a permit issued! If the permit has not yet been approved after 90 days, then the permit is issued at that point. If the applicant is later found to be disqualified, the permit is revoked, and the applicant has to return it. As a reference, residents pay a maximum of $50 and the permit must be issued in 45 days.
01/18/23  House: Presented and ordered printed 23104457D
01/18/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends reporting with substitute (6-Y 4-N)
01/27/23  House: Reported from Public Safety with substitute (12-Y 10-N)
01/27/23  House: Committee substitute printed 23105070D-H1
01/31/23  House: Read first time
02/01/23  House: Read second time
02/01/23  House: Committee substitute agreed to 23105070D-H1
02/01/23  House: Engrossed by House - committee substitute HB2420H1
02/02/23  House: Read third time and passed House (52-Y 48-N)
02/02/23  House: VOTE: Passage (52-Y 48-N)
02/03/23  Senate: Constitutional reading dispensed
02/03/23  Senate: Referred to Committee on the Judiciary
02/20/23  Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
 
HB2421      Patron: John J. McGuire, III  -  all patrons                                       
Possession of firearm, stun weapon, or other weapon on school property; child day centers and preschools. Limits the prohibition on the possession of firearms, stun weapons, or certain other weapons on the property of child day centers or public, private, or religious preschools to that portion of the child day center or preschool exclusively used for the conduct of the child day center or preschool and excluding any common areas or grounds open to the public.



VCDL Comments
This bill clarifies exactly where guns are prohibited for a preschool and/or child day center that is located in a church, business, etc. Under current law there is no way for person to know with confidence exactly where guns are prohibited. It is a FELONY if the person makes a mistake. This bill clarifies that only the areas that are used exclusively for the preschool or child day center are where guns are prohibited. That is a simple and easy to understand solution for citizens, law enforcement, and prosecutors and will keep good people from becoming inadvertent felons.
01/18/23  House: Presented and ordered printed 23103960D
01/18/23  House: Referred to Committee on Rules
02/07/23  House: Left in Rules
 
SB1283      Patron: John S. Edwards  -  all patrons                                       
Assault firearms; age requirement; penalty. Provides that in order to purchase an assault firearm a person must be 21 years of age or older. The bill expands the definition of "assault firearm" as the term applies to criminal history record information checks.



VCDL Comments
This bill significantly expands the term 'assault firearm' to capture more firearms and then makes those firearms unavailable for purchase from a dealer if the buyer is under 21 years old. This prohibition on an adult owning semi-automatic firearms with certain cosmetic features is unconstitutional under the Supreme Court's Bruen ruling.
01/10/23  Senate: Prefiled and ordered printed; offered 01/11/23 23104046D
01/10/23  Senate: Referred to Committee on the Judiciary
01/23/23  Senate: Incorporated by Judiciary (SB1382-Deeds) (15-Y 0-N)
 
SB920      Patron: Richard H. Stuart  -  all patrons                                       
Employment of school protection officers in public schools. Permits any local law-enforcement agency to employ in any public elementary or secondary school in the local school division, pursuant to an agreement with the local school board, a school protection officer, defined in the bill as a retired law-enforcement officer hired by the local law-enforcement agency on a part-time basis to provide limited law-enforcement and security services to public elementary and secondary schools in the Commonwealth. The bill requires each such school board and local law-enforcement agency to enter into a memorandum of understanding that sets forth the powers and duties of school protection officers. The bill requires the Department of Criminal Justice Services to establish compulsory training standards for school protection officers and requires the collection of certain data relating to the activities of such officers.



VCDL Comments
This bill expands the list of people who can carry a gun to protect a K-12 school. The more people who can legally carry at a school, the better. The best solution is the Utah model, which allows anyone with a concealed handgun permit to carry at a school. That is a powerful deterrent to evil doers as they have no idea who, or how many people, in the school are armed. Utah has had zero school shootings.
01/06/23  Senate: Prefiled and ordered printed; offered 01/11/23 23103169D
01/06/23  Senate: Referred to Committee on the Judiciary
01/25/23  Senate: Failed to report (defeated) in Judiciary (7-Y 8-N)
 
HB2320      Patron: Ellen H. Campbell  -  all patrons                                       
Carrying dangerous weapon to place of religious worship; penalty; repeal. Repeals the prohibition on the carrying of a dangerous weapon in a place of worship without good and sufficient reason while a meeting for religious purposes is being held at such place.



VCDL Comments
This bill repeals the unconstitutional ban on firearms in places of worship without "good and sufficient reason."
01/12/23  House: Unanimous consent to introduce
01/12/23  House: Presented and ordered printed 23102266D
01/12/23  House: Referred to Committee for Courts of Justice
02/07/23  House: Left in Courts of Justice
 
HB2350      Patron: Marcus B. Simon  -  all patrons                                       

Storage of firearms in a residence where a minor is present; penalty. Requires any person who possesses a firearm in a residence where such person knows or reasonably should know that a minor under 18 years of age is present to store such firearm unloaded in a locked container, compartment, or cabinet and to store all ammunition in a separate locked container, compartment, or cabinet. The bill requires that the key or combination to such locked containers, compartments, or cabinets be inaccessible to any minor. The bill provides that a violation is a Class 1 misdemeanor, and, in a case where there is more than one firearm stored in violation of these provisions, a violation for each firearm shall constitute a separate Class 1 misdemeanor. The bill exempts any person in lawful possession of a firearm who carries such firearm on or about his person, the storage of antique firearms, and the lawful authorization of a minor to access a firearm.



VCDL Comments
This bill requires all firearms in a home, that are not being carried on or about the owner, to be in a locked container and the ammunition to be locked in a separate container if there is someone in the home who is under 18 years of age. A loaded firearm must be stored in a biometric safe. This one-size-fits-all bill does not take into account the many minors under the age of 18 who are thoroughly familiar with firearms and have been trained in handling firearms safely by their parents. In fact, minors under the age of 18 have used firearms to stop violent home invasions or other serious crimes taking place in their home. If a person cannot afford, or doesn.t trust, biometric safes, then their firearms are useless in an emergency if they have to unlocked TWO safes and then load their guns. There is already a law against letting someone under the age of 14 get access to a gun that was stored in a careless manner.
01/12/23  House: Presented and ordered printed 23104236D
01/12/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/07/23  House: Left in Public Safety
 
HB2365      Patron: Sally L. Hudson  -  all patrons                                       
Carrying a firearm or explosive material within Capitol Square or building owned or leased by the Commonwealth; exemptions; public institutions of higher education. Limits the exemption from the prohibition on the carrying of any firearm or explosive material within any building owned or leased by the Commonwealth or agency thereof or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties that currently applies to any property owned or operated by a public institution of higher education to instead apply to any individual within a building owned or operated by a public institution of higher education who possesses a weapon as part of such public institution of higher education's curriculum or activities or as part of any organization authorized by the public institution of higher education to conduct its programs or activities within such building.



VCDL Comments
This bill restricts firearms at public institutions of higher education by requiring such firearms be part of an authorized program or activity inside a building. A solution in search of a problem. Higher education students are adults and have a right to self-defense.
01/13/23  House: Presented and ordered printed 23104407D
01/13/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/07/23  House: Left in Public Safety
 
HB1427      Patron: Dave A. LaRock  -  all patrons                                       
Control of firearms by localities. Removes a locality's authority to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in (i) any public park owned or operated by the locality; (ii) any recreation or community center facility operated by the locality; or (iii) any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit.



VCDL Comments
This bill repeals the authority for localities to have an ordinance banning firearms in parks, recreation and community centers, and at events that are permitted, or should have been permitted. While only 17 out of 194 localities have local ordinance.s banning guns, it still creates a web of laws that can trip up gun owners as they move around in the Commonwealth. No other civil right varies based on location. Because of the seriousness of gun-law penalties, gun laws should be uniform across the Commonwealth, as they had been from 2004 to 2020. None of the 17 localities could show a need for such an ordinance, but many claimed it would lower crime and make their locality safer. In reality, violent crime is up over 20%. In Alexandria, crime committed using a firearm skyrocketed 40% starting the very month that their ordinance went into effect and has stayed up. Richmond.s violent crime is now back to the highs of decades ago. Disarming citizens in parks, which cannot be secured, puts citizens at unnecessary risk. The City of Winchester.s park ban was recently struck down as unconstitutional by the court, with more challenges to other localities coming. The ban on guns at permitted, or should have been permitted, events is vague as to exactly what locations .open to the public. are included. Richmond has abused that part of the law by leaving signs up permanently on some streets, giving citizens the impossible task of determining if there is an event in the area that is permitted, or worse, should have been permitted. Winchester.s ban on guns at permitted events was also struck down by the court as unconstitutional.
12/15/22  House: Prefiled and ordered printed; offered 01/11/23 23100752D
12/15/22  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends reporting (6-Y 4-N)
01/27/23  House: Reported from Public Safety (12-Y 10-N)
01/31/23  House: Read first time
02/01/23  House: Read second time and engrossed
02/02/23  House: Read third time and passed House (52-Y 47-N)
02/02/23  House: VOTE: Passage (52-Y 47-N)
02/03/23  Senate: Constitutional reading dispensed
02/03/23  Senate: Referred to Committee on the Judiciary
02/13/23  Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
 
HB1428      Patron: Dave A. LaRock  -  all patrons                                       
Carrying loaded firearms in public areas prohibited; certain localities; repeal. Repeals the prohibition on carrying certain loaded shotguns and semi-automatic center-fire rifles and pistols in certain localities in the Commonwealth.



VCDL Comments
This bill repeals the prohibition in certain localities of carrying a loaded centerfire rifle or pistol having a magazine which holds more than twenty rounds, or has a threaded barrel, or a folding stock. For shotguns, it removes the prohibition in the same localities for loaded shotguns that will hold more than seven rounds. These restrictions are unconstitutional under the U.S. Supreme Court.s NYSRPA v Bruen decision.
12/15/22  House: Prefiled and ordered printed; offered 01/11/23 23100753D
12/15/22  House: Referred to Committee on Public Safety
02/07/23  House: Left in Public Safety
 
SB805      Patron: Amanda F. Chase  -  all patrons                                       
Control of firearms by localities. Removes the authority for a locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in (i) any building, or part thereof, owned or used by such locality for governmental purposes; (ii) any public park owned or operated by the locality; (iii) any recreation or community center facility; or (iv) any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit. The bill provides that any firearm received by the locality pursuant to a buy-back program shall be offered for sale by public auction or sealed bids to a person licensed as a dealer. Current law provides that any such firearm shall be destroyed by the locality unless the person surrendering the firearm requests in writing that the firearm be offered for sale. The bill also limits the authority of localities to bring lawsuits against certain firearms manufacturers and others and further provides that the right to bring any such action is reserved exclusively to the Commonwealth and shall be brought by the Attorney General.



VCDL Comments
This bill repeals the authority for localities to have an ordinance banning firearms in local government buildings, parks, recreation and community centers, and at events that are permitted, or should have been permitted. It also limits the authority of localities to sue gun manufacturers. While only 17 out of 194 localities have local ordinance.s banning guns, it still creates a web of laws that can trip up gun owners as they move around in the Commonwealth. No other civil right varies based on location. Because of the seriousness of gun-law penalties, gun laws should be uniform across the Commonwealth, as they had been from 2004 to 2020. None of the 17 localities could show a need for such an ordinance, but many claimed it would lower crime and make their locality safer. In reality, violent crime is up over 20%. In Alexandria, crime committed using a firearm skyrocketed 40% starting the very month that their ordinance went into effect and has stayed up. Richmond.s violent crime is now back to the highs of decades ago. Disarming citizens in parks, which cannot be secured, puts citizens at unnecessary risk. The City of Winchester.s park ban was recently struck down as unconstitutional by the court, with more challenges to other localities coming. The ban on guns at permitted, or should have been permitted, events is vague as to exactly what locations .open to the public. are included. Richmond has abused that part of the law by leaving signs up permanently on some streets, giving citizens the impossible task of determining if there is an event in the area that is permitted, or worse, should have been permitted. Winchester.s ban on guns at permitted events was also struck down by the court as unconstitutional. The 2020 change to the firearm preemption law was a classic example of fixing something that wasn.t broken, and we need to restore the law as it was in 2019.
12/09/22  Senate: Prefiled and ordered printed; offered 01/11/23 23100913D
12/09/22  Senate: Referred to Committee on the Judiciary
01/30/23  Senate: Passed by indefinitely in Judiciary (10-Y 5-N)
 
HB1570      Patron: Wendell S. Walker  -  all patrons                                       
Carrying a firearm or explosive material into a building owned or leased by the Commonwealth; exception for highway rest areas. Provides that the prohibition on carrying a firearm or explosive material in any building owned or leased by the Commonwealth shall not apply to any highway rest area.



VCDL Comments
This bill exempts highway rest areas from the state agency gun ban. Rest areas are open to the public 24 hours a day and have no special security.
01/06/23  House: Prefiled and ordered printed; offered 01/11/23 23101666D
01/06/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends reporting (6-Y 4-N)
01/27/23  House: Reported from Public Safety (12-Y 10-N)
01/31/23  House: Read first time
02/01/23  House: Read second time and engrossed
02/02/23  House: Read third time and passed House (53-Y 47-N)
02/02/23  House: VOTE: Passage (53-Y 47-N)
02/03/23  Senate: Constitutional reading dispensed
02/03/23  Senate: Referred to Committee on the Judiciary
02/20/23  Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
 
HB1394      Patron: Marie E. March  -  all patrons                                       
Firearms; removal from persons posing substantial risk; penalties. Repeals the procedure by which any attorney for the Commonwealth or law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. The bill also repeals the requirement that the Department of State Police maintain and make information available from the Substantial Risk Order Registry.



VCDL Comments
This bill repeals 'Red Flag' Substantial Risk Orders (SROs). SROs don't get any help for a person in crisis, they only confiscate that person's firearms. This does nothing to prevent the person from committing suicide or harming others. SROs also do not give a person a chance to defend the accusation against them for two weeks. Justice delayed is justice denied. Virginia's Temporary Restraining Orders have existed for years and DO get a person in crisis help and they only take away a person's right to possess firearms after it is determined by medical experts that the person actually does need help.
11/30/22  House: Prefiled and ordered printed; offered 01/11/23 23100071D
11/30/22  House: Referred to Committee on Rules
02/07/23  House: Left in Rules
 
HB1579      Patron: Richard C. "Rip" Sullivan, Jr.  -  all patrons                                       
Purchase or transportation of firearm by persons convicted of operating a boat or vehicle while intoxicated prohibited; penalty. Provides that any person who, within a five-year period, has been convicted of two misdemeanor driving or boating while intoxicated offenses shall be ineligible to purchase or transport a handgun.



VCDL Comments
This bill takes away a person.s ability to purchase or transport a handgun for five years if they get two misdemeanor convictions of either a boat or motor vehicle DUI, or reckless operation of a boat within five years. Misdemeanors should not strip a person of their right to purchase or transport a handgun.
01/06/23  House: Prefiled and ordered printed; offered 01/11/23 23101424D
01/06/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/07/23  House: Left in Public Safety
 
HB1515      Patron: Dawn M. Adams  -  all patrons                                       
Use of auto sear; prohibition; penalty. Makes it a Class 2 felony to possess or use an auto sear in the perpetration or attempted perpetration of a crime of violence. The bill also makes it a Class 4 felony to unlawfully possess or use an auto sear for an offensive or aggressive purpose. The bill defines auto sear as a small device with a combination of parts made of metal or plastic designed and intended for use in converting a weapon into a machine gun, as defined by 26 U.S.C. 5845(b).



VCDL Comments
This bill adds 'auto sear' to the Virginia code dealing with machine guns. This bill is unnecessary complicates the law as ATF already defines an auto sear as a machine gun. Merely possessing an auto sear under current law, even without it being attached to a firearm, is considered an unregistered machine gun and can be prosecuted accordingly.
01/04/23  House: Prefiled and ordered printed; offered 01/11/23 23101936D
01/04/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/07/23  House: Left in Public Safety
 
HB1801      Patron: Nicholas J. Freitas  -  all patrons                                       
Carrying a concealed handgun; permit not required. Allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.



VCDL Comments
This bill would bring "constitutional carry" to Virginia. It allows someone without a concealed handgun permit, but who would qualify for one, to carry a concealed handgun anywhere they could lawfully open carry a handgun. Twenty-five states now have Constitutional Carry, none have repealed it, and more states are expected to follow suit this year. Neighboring Kentucky, Tennessee and West Virginia are all Constitutional Carry states.
01/10/23  House: Prefiled and ordered printed; offered 01/11/23 23100339D
01/10/23  House: Referred to Committee on Rules
02/07/23  House: Left in Rules
 
HB1585      Patron: Richard C. "Rip" Sullivan, Jr.  -  all patrons                                       
Wearing of hard body armor in public; exceptions; penalty. Makes it a Class 1 misdemeanor, for any person to wear hard body armor, as defined in the bill, anywhere other than while on his own private property. The bill provides exceptions for (i) any law-enforcement officer, conservator of the peace, or member of the Armed Forces of the United States or of the National Guard of Virginia or of any other state while engaged in the performance of his official duties or (ii) any person engaged in such other profession as designated on a list published by the Department of Criminal Justice Services while engaged in the performance of his official duties. The bill also requires the Department to adopt regulations establishing criteria for eligible professions requiring the use of hard body armor during the performance of their official duties and to publish the list of such eligible professions on the Department's website.



VCDL Comments
This bill makes it illegal for a person to wear hard body armor in public. So, a citizen who wants to wear body armor because they are, say, in a public area where guns are not allowed, can.t even wear defensive body armor? That is hardly the government being a servant to the People. Making us defenseless does not make us safer.
01/06/23  House: Prefiled and ordered printed; offered 01/11/23 23101836D
01/06/23  House: Referred to Committee for Courts of Justice
01/26/23  House: Assigned Courts sub: Subcommittee #1
01/27/23  House: Subcommittee recommends laying on the table (5-Y 3-N)
02/07/23  House: Left in Courts of Justice
 
SB901      Patron: David W. Marsden  -  all patrons                                       

Firearm in unattended motor vehicle; civil penalty. Provides that no person shall leave, place, or store a handgun in an unattended motor vehicle, as defined in the bill, unless the vehicle is locked. The bill provides that any person violating such prohibition is subject to a civil penalty of no more than $500 and that such unattended motor vehicle may be subject to removal for safekeeping.

Full text:


VCDL Comments
This bill creates a $500 civil penalty and subjects a vehicle to towing if a person leaves a handgun in an unattended vehicle and that vehicle is either unlocked or the handgun is not in a locked container. This bill punishes the innocent victim of breaking and entering. The car owner should not be considered to be at fault even if a criminal opens an unlocked car door. It is the criminal who is solely to blame. And it is absurd that the victim is punished if he did lock the car but did not lock the gun up in some other compartment or container, too. Punish criminals and stop harassing good people.
01/05/23  Senate: Prefiled and ordered printed; offered 01/11/23 23103458D
01/05/23  Senate: Referred to Committee on the Judiciary
01/16/23  Senate: Rereferred from Judiciary (11-Y 4-N)
01/16/23  Senate: Rereferred to Transportation
01/26/23  Senate: Reported from Transportation with amendments (8-Y 7-N)
01/30/23  Senate: Constitutional reading dispensed (39-Y 0-N)
01/31/23  Senate: Read second time
01/31/23  Senate: Reading of amendments waived
01/31/23  Senate: Committee amendments agreed to
01/31/23  Senate: Engrossed by Senate as amended SB901E
01/31/23  Senate: Printed as engrossed 23103458D-E
02/01/23  Senate: Read third time and passed Senate (24-Y 16-N)
02/08/23  House: Placed on Calendar
02/08/23  House: Read first time
02/08/23  House: Referred to Committee on Public Safety
02/08/23  House: Assigned PS sub: Subcommittee #1
02/09/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/22/23  House: Left in Public Safety
 
SB909      Patron: Barbara A. Favola  -  all patrons                                       
Firearm transfers to another person from a prohibited person. Provides that a person who is prohibited from possessing a firearm because such person is subject to a protective order or has been convicted of an assault and battery of a family or household member may transfer a firearm owned by such prohibited person to any person who is not otherwise prohibited by law from possessing such firearm, provided that such person who is not otherwise prohibited by law from possessing such firearm is 21 years of age or older and does not reside with the person who is subject to the protective order. Under current law, there is no requirement that such transferee cannot be younger than 21 years of age and cannot reside with such prohibited person. The bill also provides that such prohibited person who transfers, sells, or surrenders a firearm pursuant to the provisions of the bill shall inform the clerk of the court of the name and address of the transferee, the federally licensed firearms dealer, or the law-enforcement agency in possession of the firearm.



VCDL Comments
This bill adds a requirement that a person must be at least 21 years of age and not reside in the same home in order to temporarily keep the firearms of someone convicted of misdemeanor domestic violence or who is the subject of a restraining order. It also exempts the police from any liability if they receive the guns and the guns are lost, stolen, or damaged while being held by the police. Spouses of felons are allowed to have guns in the house as long as the spouses ensure the guns are not accessible to the felon. The same should be true for someone convicted of misdemeanor domestic violence or restraining order, as long as the spouse was not the victim. Giving police no responsibility for guns they are holding is unreasonable. The police could literally throw the guns in the garbage, keep them for personal use, or give them away to friends and not be liable for anything.
01/05/23  Senate: Prefiled and ordered printed; offered 01/11/23 23102002D
01/05/23  Senate: Referred to Committee on the Judiciary
01/23/23  Senate: Reported from Judiciary (9-Y 6-N)
01/24/23  Senate: Constitutional reading dispensed (38-Y 0-N)
01/25/23  Senate: Read second time and engrossed
01/26/23  Senate: Read third time and passed Senate (22-Y 17-N)
02/08/23  House: Placed on Calendar
02/08/23  House: Read first time
02/08/23  House: Referred to Committee on Public Safety
02/08/23  House: Assigned PS sub: Subcommittee #1
02/09/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/22/23  House: Left in Public Safety
 
HB1871      Patron: Phillip A. Scott  -  all patrons                                       

Concealed handgun permit; period of validity. Extends from five years to 10 years the period during which a concealed handgun permit remains valid. The bill also provides that if a valid concealed handgun permit holder presents a written notice of a change in identifying information on a form provided by the Department of State Police to the clerk of the court who issued such permit, then such clerk shall issue a replacement permit specifying the permit holder's new information.



VCDL Comments
This bill makes a Virginia Concealed Handgun Permit valid for 10 years, instead of 5 years. Since the State Police are tracking crimes/convictions of permit holders anyhow, there is no need to renew permits as frequently as every 5 years. This will also lower the burden on Circuit Court Clerks.
01/10/23  House: Prefiled and ordered printed; offered 01/11/23 23103688D
01/10/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends reporting with amendments (5-Y 4-N)
01/27/23  House: Reported from Public Safety with amendment(s) (12-Y 10-N)
01/31/23  House: Read first time
02/01/23  House: Read second time
02/01/23  House: Committee amendments agreed to
02/01/23  House: Engrossed by House as amended HB1871E
02/01/23  House: Printed as engrossed 23103688D-E
02/02/23  House: Read third time and passed House (53-Y 47-N)
02/02/23  House: VOTE: Passage (53-Y 47-N)
02/03/23  Senate: Constitutional reading dispensed
02/03/23  Senate: Referred to Committee on the Judiciary
02/15/23  Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
 
HB2228      Patron: H. Otto Wachsmann, Jr.  -  all patrons                                       
Renewal of concealed handgun permit; demonstrated competence. Provides that a person who was previously issued a concealed handgun permit is not required to provide any proof of training or demonstration of competence to be issued a renewal permit.



VCDL Comments
This bill clarifies that a person who is merely renewing their existing CHP does not need to provide proof to the Court that their original training was in person.
01/11/23  House: Prefiled and ordered printed; offered 01/11/23 23101691D
01/11/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends reporting (6-Y 4-N)
01/27/23  House: Reported from Public Safety (12-Y 10-N)
01/31/23  House: Read first time
02/01/23  House: Read second time and engrossed
02/02/23  House: Read third time and passed House (52-Y 48-N)
02/02/23  House: VOTE: Passage (52-Y 48-N)
02/03/23  Senate: Constitutional reading dispensed
02/03/23  Senate: Referred to Committee on the Judiciary
02/20/23  Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
 
SB1236      Patron: Mark D. Obenshain  -  all patrons                                       

Control of firearms by localities. Removes a locality's authority to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in (i) any public park owned or operated by the locality; (ii) any recreation or community center facility operated by the locality; or (iii) any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit.



VCDL Comments
This bill repeals the authority for localities to have an ordinance banning firearms in parks, recreation and community centers, and at events that are permitted, or should have been permitted. While only 17 out of 194 localities have local ordinance.s banning guns, it still creates a web of laws that can trip up gun owners as they move around in the Commonwealth. No other civil right varies based on location. Because of the seriousness of gun-law penalties, gun laws should be uniform across the Commonwealth, as they had been from 2004 to 2020. None of the 17 localities could show a need for such an ordinance, but many claimed it would lower crime and make their locality safer. In reality, violent crime is up over 20%. In Alexandria, crime committed using a firearm skyrocketed 40% starting the very month that their ordinance went into effect and has stayed up. Richmond.s violent crime is now back to the highs of decades ago. Disarming citizens in parks, which cannot be secured, puts citizens at unnecessary risk. The City of Winchester.s park ban was recently struck down as unconstitutional by the court, with more challenges to other localities coming. The ban on guns at permitted, or should have been permitted, events is vague as to exactly what locations .open to the public. are included. Richmond has abused that part of the law by leaving signs up permanently on some streets, giving citizens the impossible task of determining if there is an event in the area that is permitted, or worse, should have been permitted. Winchester.s ban on guns at permitted events was also struck down by the court as unconstitutional.
01/10/23  Senate: Prefiled and ordered printed; offered 01/11/23 23102674D
01/10/23  Senate: Referred to Committee on Local Government
01/16/23  Senate: Rereferred from Local Government (8-Y 6-N)
01/16/23  Senate: Rereferred to Judiciary
01/23/23  Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
 
SB1167      Patron: J. Chapman Petersen  -  all patrons                                       
Firearm industry members; standards of responsible conduct; civil liability. Creates standards of responsible conduct for firearm industry members, as that term is defined in the bill. The bill requires any firearm industry member that sells, manufactures, distributes, markets, or intends to sell, manufacture, distribute, or market firearm industry products, as that term is defined in the bill, within the Commonwealth, or that sells, manufactures, distributes, markets, or intends to sell, manufacture, distribute, or market firearm industry products to be used or possessed within the Commonwealth to comply with such standards of responsible conduct. Such standards include establishing and implementing reasonable controls regarding the manufacture, distribution, importation, marketing, and wholesale or retail sale of firearm industry products and taking reasonable precautions to ensure that such firearm industry products are not sold or distributed to a distributor or retailer that fails to establish and implement such reasonable controls. The bill also creates a civil cause of action for any person who suffers harm as a result of a firearm industry member's violation of the provisions of the bill.



VCDL Comments
This bill allows a highly regulated industry, the firearms industry, to be sued civilly for a variety of already illegal actions. At a time when the federal government is pulling FFL licenses for even the tiniest paperwork mistakes, this bill is just piling on with more ways to destroy the firearm industry.
01/10/23  Senate: Prefiled and ordered printed; offered 01/11/23 23102513D
01/10/23  Senate: Referred to Committee on the Judiciary
01/23/23  Senate: Reported from Judiciary (9-Y 6-N)
01/24/23  Senate: Constitutional reading dispensed (38-Y 0-N)
01/25/23  Senate: Read second time and engrossed
01/26/23  Senate: Read third time and passed Senate (21-Y 19-N)
02/08/23  House: Placed on Calendar
02/08/23  House: Read first time
02/08/23  House: Referred to Committee on Public Safety
02/08/23  House: Assigned PS sub: Subcommittee #1
02/09/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/22/23  House: Left in Public Safety
 
SB1181      Patron: Adam P. Ebbin  -  all patrons                                       
Sale, transfer, or purchase of unfinished frames or receivers and unserialized firearms; penalty. Creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, for any person to knowingly sell, offer to sell, transfer, or purchase an unfinished frame or receiver, as defined in the bill, unless the party selling, offering to sell, transferring, or purchasing the unfinished frame or receiver is a federal firearms importer, manufacturer, or dealer or the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number by a federal firearms importer, manufacturer, or dealer.



VCDL Comments
This bill makes unfinished firearm frames and receivers unlawful to purchase, sell, or transfer unless serialized. Even a chunk of aluminum, if sold to the public to become a frame or receiver once completed, must be serialized under this bill. This bill is unconstitutional, as there was no analog in the history or traditions of firearms with any such limitations at the time the Bill of Rights was adopted. Homemade guns have been legal since before the United States existed.
01/10/23  Senate: Prefiled and ordered printed; offered 01/11/23 23104048D
01/10/23  Senate: Referred to Committee on the Judiciary
01/23/23  Senate: Reported from Judiciary (9-Y 6-N)
01/23/23  Senate: Rereferred to Finance and Appropriations
01/25/23  Senate: Reported from Finance and Appropriations (10-Y 4-N)
01/26/23  Senate: Constitutional reading dispensed (40-Y 0-N)
01/27/23  Senate: Read second time and engrossed
01/30/23  Senate: Read third time and passed Senate (22-Y 17-N)
02/08/23  House: Placed on Calendar
02/08/23  House: Read first time
02/08/23  House: Referred to Committee on Public Safety
02/08/23  House: Assigned PS sub: Subcommittee #1
02/09/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/22/23  House: Left in Public Safety
 
SB1192      Patron: Adam P. Ebbin  -  all patrons                                       

Carrying assault firearms in public areas prohibited; penalty. Prohibits the carrying of certain semi-automatic center-fire rifles, pistols, and shotguns on any public street, road, alley, sidewalk, or public right-of-way or in any public park or any other place of whatever nature that is open to the public. Under current law, the current prohibition on carrying certain shotguns and semi-automatic center-fire rifles and pistols applies to a narrower range of firearms, only in certain localities, and only when such firearms are loaded.



VCDL Comments
This bill bans the carry of 1) a semiautomatic centerfire rifle or pistol that has a fixed magazine that holds more than 12 rounds or 2) a semiautomatic centerfire rifle or pistol that accepts a detachable magazine and has any of a variety of cosmetic features or 3) a shotgun with a revolving cylinder or a semi-automatic shotgun with any of a variety of cosmetic features, on or about a person on a public street, road, alley, sidewalk, public right-of-way, in a park, or in any place open to the public. Existing "assault firearms" and magazines with more than a 10-round magazine are grandfathered but cannot be sold. "Assault firearms" and magazines with a capacity of more than 10 rounds made after July 1, 2023 cannot be sold either. Of course, the government, our servant, exempts itself from all this nonsense. If one wished to write one of the most unconstitutional bills imaginable, this would be it, and Legislative Services should have flagged this bill as such. The U.S. Supreme Court has said in both DC v Heller and recently The New York State Rifle and Pistol Association v Bruen, that any firearm "in common use" is protected by the Second Amendment. The guns and magazines targeted by this bill are among the most common guns and magazines in the United States. The U.S. Supreme Court has vacated and remanded lawsuits supporting "assault weapon" bans in California and Maryland and a stay is in place on magazine capacity limits in California.
01/10/23  Senate: Prefiled and ordered printed; offered 01/11/23 23103857D
01/10/23  Senate: Referred to Committee on the Judiciary
01/23/23  Senate: Reported from Judiciary (9-Y 6-N)
01/23/23  Senate: Rereferred to Finance and Appropriations
01/25/23  Senate: Reported from Finance and Appropriations with amendment (10-Y 4-N)
01/26/23  Senate: Constitutional reading dispensed (40-Y 0-N)
01/27/23  Senate: Read second time
01/27/23  Senate: Reading of amendment waived
01/27/23  Senate: Committee amendment agreed to
01/27/23  Senate: Engrossed by Senate as amended SB1192E
01/27/23  Senate: Printed as engrossed 23103857D-E
01/30/23  Senate: Read third time and passed Senate (21-Y 18-N)
02/08/23  House: Placed on Calendar
02/08/23  House: Read first time
02/08/23  House: Referred to Committee on Public Safety
02/08/23  House: Assigned PS sub: Subcommittee #1
02/09/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/22/23  House: Left in Public Safety
 
SB1382      Patron: R. Creigh Deeds  -  all patrons                                       

Purchase, possession, sale, transfer, etc., of assault firearms and certain ammunition feeding devices prohibited; penalty. Creates a Class 1 misdemeanor for any person who imports, sells, manufactures, purchases, possesses, transports, or transfers an assault firearm, as that term is defined in the bill, and prohibits a person who has been convicted of such violation from purchasing, possessing, or transporting a firearm for a period of three years from the date of conviction. The bill provides that an assault firearm does not include any firearm that is an antique firearm, has been rendered permanently inoperable, is manually operated by bolt, pump, lever, or slide action, or was manufactured before July 1, 2023. The bill also prohibits the sale of a large capacity ammunition feeding device, as that term is defined in the bill. The bill provides that any person who willfully and intentionally (i) sells an assault firearm to another person or (ii) purchases an assault firearm from another person is guilty of a Class 1 misdemeanor and that any person who imports, sells, barters, or transfers a large capacity ammunition feeding device is guilty of a Class 1 misdemeanor. The bill also makes it a Class 1 misdemeanor for any person younger than 21 years of age to import, sell, manufacture, purchase, possess, transport, or transfer an assault firearm regardless of the date of manufacture of such assault firearm.



VCDL Comments
This bill prohibits the sale, possession, transfer, and transport of an "assault firearm" made on or after July 1, 2023. It also prohibits sales, possession, transfer, and transport of an "assault firearm" to anyone under the age of 21. Magazines that hold more than 10 rounds and were made on or after July 1, 2023 are prohibited. Magazines that hold more than 10 rounds cannot be sold or transferred. The U.S. Supreme Court has said in both DC v Heller and recently The New York State Rifle and Pistol Association v Bruen, that any firearm "in common use" is protected by the Second Amendment. The guns and magazines targeted by this bill are among the most common guns and magazines in the United States. The U.S. Supreme Court has vacated and remanded lawsuits supporting "assault weapon" bans in California and Maryland and a stay is in place on magazine capacity limits in California.
01/11/23  Senate: Prefiled and ordered printed; offered 01/11/23 23104134D
01/11/23  Senate: Referred to Committee on the Judiciary
01/23/23  Senate: Reported from Judiciary with substitute (9-Y 6-N)
01/23/23  Senate: Incorporates SB918 (Morrissey)
01/23/23  Senate: Incorporates SB1283 (Edwards)
01/23/23  Senate: Committee substitute printed 23104992D-S1
01/23/23  Senate: Rereferred to Finance and Appropriations
01/25/23  Senate: Incorporates SB918 (Morrissey)
01/25/23  Senate: Incorporates SB1283 (Edwards)
01/25/23  Senate: Committee substitute printed 23105315D-S2
01/25/23  Senate: Reported from Finance and Appropriations with substitute (10-Y 4-N)
01/26/23  Senate: Constitutional reading dispensed (40-Y 0-N)
01/27/23  Senate: Read second time
01/27/23  Senate: Committee substitute rejected 23104992D-S1
01/27/23  Senate: Reading of substitute waived
01/27/23  Senate: Committee substitute agreed to 23105315D-S2
01/27/23  Senate: Engrossed by Senate - committee substitute SB1382S2
01/30/23  Senate: Passed by for the day
01/31/23  Senate: Read third time and passed Senate (23-Y 16-N)
02/08/23  House: Placed on Calendar
02/08/23  House: Read first time
02/08/23  House: Referred to Committee on Public Safety
02/08/23  House: Assigned PS sub: Subcommittee #1
02/09/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/22/23  House: Left in Public Safety
 
HB1936      Patron: Kenneth R. Plum  -  all patrons                                       
Establishment of Virginia Firearm Buy-Back Program and Fund. Directs the Department of State Police to establish the uniform standards for the creation of the Virginia Firearm Buy-Back Program. The bill requires the Department to (i) inform local law-enforcement agencies of the policies and procedures to be used for the Program, (ii) provide guidelines to participating local law-enforcement agencies on implementation of the Program, and (iii) establish a formula for determining any monetary incentive for a surrendered firearm. The bill clarifies that participation in the Program by a local law-enforcement agency is voluntary. The bill also directs the Department to establish the Virginia Firearm Buy-Back Fund, a nonreverting fund to be used solely for the purposes of development and implementation of the Program.



VCDL Comments
This bill creates a state-funded firearm buy-up program, misnamed a "buy-back" program (the Commonwealth never owned the firearms, so it cannot buy back something it never owned or sold). The bill requires all such turned in firearms (except machine guns, short barreled rifles and shotguns) to be destroyed, instead of offering them to Federal Firearms Licensees (FFLs) at auction, which would put funds back in the Commonwealth.s coffers. That said, buying up firearms or other lawfully held property is not a business the Commonwealth should be in. Is the Commonwealth going to buy up, and then destroy, used automobiles so they can't be used by drunk drivers?
01/10/23  House: Prefiled and ordered printed; offered 01/11/23 23100468D
01/10/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/07/23  House: Left in Public Safety
 
HB2070      Patron: Kathleen Murphy  -  all patrons                                       
Purchase, possession, or transportation of firearm following an assault and battery against a person in a dating relationship with the alleged offender, penalty. Provides that 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, 2023, for the offense of assault and battery against a person in a dating relationship, as defined in the bill, with the alleged offender or an offense substantially similar under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.



VCDL Comments
This bill makes battery in a "dating relationship" a misdemeanor and takes away the right to purchase, possess, or transport a firearm for three years. Misdemeanors should never take away a civil right. This will also not stand up to court challenge under the Supreme Court.s Bruen decision as there was no history or tradition of taking away a person.s right to keep and bear arms over misdemeanor battery of anyone.
01/10/23  House: Prefiled and ordered printed; offered 01/11/23 23100491D
01/10/23  House: Referred to Committee for Courts of Justice
01/28/23  House: Assigned Courts sub: Subcommittee #2
01/30/23  House: Subcommittee failed to recommend reporting (3-Y 3-N)
02/07/23  House: Left in Courts of Justice
 
HB1656      Patron: Marcia S. "Cia" Price  -  all patrons                                       
Study; JLARC; effects of gun violence on communities; report. Directs the Joint Legislative Audit and Review Commission to study the social, physical, emotional, and economic effects of gun violence on communities across the Commonwealth.



VCDL Comments
This bill funds a study on the "social, physical, emotional, and economic effects of gun violence on communities." The study should be on all forms of unlawful violence, not cherry-picking violence caused through the misuse of firearms. More people are killed by hands and feet than by rifles, for example. The root cause of violence isn.t the tool used, but the person holding the tool. If we can figure out how to get people from wanting to hurt or kill other people unlawfully, then the violence problem will be solved.
01/08/23  House: Prefiled and ordered printed; offered 01/11/23 23100301D
01/08/23  House: Referred to Committee on Rules
01/27/23  House: Assigned Rules sub: Studies
01/30/23  House: Subcommittee recommends passing by indefinitely (4-Y 2-N)
02/07/23  House: Left in Rules
 
HB1729      Patron: Elizabeth B. Bennett-Parker  -  all patrons                                       

Firearm transfers to another person from a prohibited person. Provides that a person who is prohibited from possessing a firearm because such person is subject to a protective order or has been convicted of an assault and battery of a family or household member may transfer a firearm owned by such prohibited person to any person who is not otherwise prohibited by law from possessing such firearm, provided that such person who is not otherwise prohibited by law from possessing such firearm is 21 years of age or older and does not reside with the person who is subject to the protective order. Under current law, there is no requirement that such transferee cannot be younger than 21 years of age and cannot reside with such prohibited person. The bill also provides that such prohibited person who transfers, sells, or surrenders a firearm pursuant to the provisions of the bill shall inform the clerk of the court of the name and address of the transferee, the federally licensed firearms dealer, or the law-enforcement agency in possession of the firearm.



VCDL Comments
This bill adds a requirement that a person must be at least 21 years of age and not reside in the same home in order to temporarily keep the firearms of someone convicted of misdemeanor domestic violence or who is the subject of a restraining order. It also exempts the police from any liability if they receive the guns and the guns are lost, stolen, or damaged while being held by the police. Spouses of felons are allowed to have guns in the house as long as the spouses ensure the guns are not accessible to the felon. The same should be true for someone convicted of misdemeanor domestic violence or restraining order, as long as the spouse was not the victim. Giving police no responsibility for guns they are holding is unreasonable. The police could literally throw the guns in the garbage, keep them for personal use, or give them away to friends and not be liable for anything.
01/09/23  House: Prefiled and ordered printed; offered 01/11/23 23102457D
01/09/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/07/23  House: Left in Public Safety
 
HB1788      Patron: Eileen Filler-Corn  -  all patrons                                       
Sale or transfer of firearms; microstamping-enabled firearms; penalties. Provides that it is unlawful for any licensed dealer in firearms to sell, offer for sale, exchange, give, transfer, or deliver any firearm manufactured on or after July 1, 2025, unless such firearm has been verified as a microstamping-enabled firearm, as defined in the bill. The bill also makes it unlawful for any person to modify such microstamping-enabled firearm or microstamping component with the intent to prevent the production of a microstamp. The bill makes a first violation punishable as a Class 3 misdemeanor and a second or subsequent violation punishable as a Class 1 misdemeanor and has a delayed effective date of July 1, 2025.



VCDL Comments
This bill requires all firearms made after 7/1/2025 to have a "microstamping" capability. Microstamping is supposed to stamp identifying information onto a fired cartridge casing to enable tracking to a specific gun and gun owner. It is simple for a criminal to disable microstamping by replacing the firing pin or by using a small metal file on the part doing the stamping. Microstamping is useless for revolvers or other firearms that don't automatically expel spent cartridges. A criminal can pick up spent cartridges from a shooting range and spread them around a crime scene to totally confuse law enforcement. It is a huge assumption that all gun manufacturers will have put microstamping on their products by 2025, or that they will do microstamping at all. This bill, if passed, will most likely shut down the sale of new guns in 2025.
01/10/23  House: Prefiled and ordered printed; offered 01/11/23 23102629D
01/10/23  House: Referred to Committee on Public Safety
01/24/23  House: Assigned PS sub: Subcommittee #1
01/26/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/07/23  House: Left in Public Safety
 
SB1139      Patron: Jennifer B. Boysko  -  all patrons                                       

Storage of firearms in a residence where a minor is present; penalty. Requires any person who possesses a firearm in a residence where such person knows that a minor under 18 years of age or a person who is prohibited by law from possessing a firearm resides shall store such firearm and the ammunition for such firearm in a locked container, compartment, or cabinet that is inaccessible to such minor or prohibited person. The bill provides that a violation is a Class 4 misdemeanor. The bill exempts any person in lawful possession of a firearm who carries such firearm on or about his person, the storage of antique firearms, and the lawful authorization of a minor to access a firearm. The bill also requires firearm dealers to post a notice stating such firearm storage requirements and the penalty for not properly storing such firearms.

Full text:


VCDL Comments
This bill requires all firearms in a home, that are not being carried on or about the owner, to be in a locked container and the ammunition to be locked in a separate container if there is someone in the home who is under 18 years of age. A loaded firearm must be stored in a biometric safe. This one-size-fits-all bill does not take into account the many minors under the age of 18 who are thoroughly familiar with firearms and have been trained in handling firearms safely by their parents. In fact, minors under the age of 18 have used firearms to stop violent home invasions or other serious crimes taking place in their home. If a person cannot afford, or doesn.t trust, biometric safes, then their firearms are useless in an emergency if they have to unlocked TWO safes and then load their guns. There is already a law against letting someone under the age of 14 get access to a gun that was stored in a careless manner.
01/10/23  Senate: Prefiled and ordered printed; offered 01/11/23 23104008D
01/10/23  Senate: Referred to Committee on the Judiciary
01/23/23  Senate: Reported from Judiciary with substitute (9-Y 6-N)
01/23/23  Senate: Committee substitute printed 23104965D-S1
01/23/23  Senate: Rereferred to Finance and Appropriations
01/25/23  Senate: Reported from Finance and Appropriations (10-Y 4-N)
01/26/23  Senate: Constitutional reading dispensed (40-Y 0-N)
01/27/23  Senate: Passed by for the day
01/30/23  Senate: Read second time
01/30/23  Senate: Reading of substitute waived
01/30/23  Senate: Committee substitute agreed to 23104965D-S1
01/30/23  Senate: Engrossed by Senate - committee substitute SB1139S1
01/31/23  Senate: Read third time and passed Senate (22-Y 16-N)
02/08/23  House: Placed on Calendar
02/08/23  House: Read first time
02/08/23  House: Referred to Committee on Public Safety
02/08/23  House: Assigned PS sub: Subcommittee #1
02/09/23  House: Subcommittee recommends laying on the table (6-Y 4-N)
02/22/23  House: Left in Public Safety