Fabio
122 lines
9.7 KiB
Markdown
122 lines
9.7 KiB
Markdown
---
|
||
type: "Bill"
|
||
title: "Protective orders; possession of firearms, surrender or transfer of firearms, penalty."
|
||
description: "Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Prohibits any person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) from knowingly possessing a firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order such person may continue to possess such firearm for the purposes of selling or transferring it to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this provision is a Class 6 felony. The bill also provides that a court shall order a person subject to a permanent protective order to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency or sell or transfer any firearm possessed by such person to a dealer or to any person who is not otherwise prohibited by law from possessing such firearm and (ii) certify in writing that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that any person who willfully fails to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms, as well as a process to return such surrendered firearms. The bill also makes it a Class 4 felony for any person to sell, barter, give, or furnish any firearm to any person he knows is prohibited from possessing or transporting a firearm who is subject to a permanent protective order. This bill incorporates HB 856 and is identical to SB 479."
|
||
jurisdiction: "us/states/va"
|
||
legislature: "Virginia General Assembly"
|
||
session: "2020"
|
||
identifier: "HB 1004"
|
||
citation: "Virginia HB 1004 (2020)"
|
||
classification: ["bill"]
|
||
subjects: []
|
||
status: "enacted"
|
||
primary_sponsors: ["Michael P. Mullin"]
|
||
version_count: 6
|
||
action_count: 48
|
||
vote_count: 8
|
||
first_action: "2020-01-07"
|
||
last_action: "2020-04-22"
|
||
source: "openstates"
|
||
source_identifier: "ocd-bill/506cbaff-99c3-43f5-ada3-007884d93602"
|
||
source_url: "https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB1004"
|
||
source_hash: "65498f9d92d6fad09210c1785384c459b69fe99e3f3ec88c49a393a39e891855"
|
||
vintage: "2026-07-01"
|
||
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
|
||
retrieved_at: "2026-07-06"
|
||
confidence: "reported"
|
||
tags: ["legislation", "bill", "us-va"]
|
||
---
|
||
|
||
# Virginia HB 1004 (2020) — Protective orders; possession of firearms, surrender or transfer of firearms, penalty.
|
||
|
||
Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Prohibits any person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) from knowingly possessing a firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order such person may continue to possess such firearm for the purposes of selling or transferring it to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this provision is a Class 6 felony. The bill also provides that a court shall order a person subject to a permanent protective order to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency or sell or transfer any firearm possessed by such person to a dealer or to any person who is not otherwise prohibited by law from possessing such firearm and (ii) certify in writing that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that any person who willfully fails to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms, as well as a process to return such surrendered firearms. The bill also makes it a Class 4 felony for any person to sell, barter, give, or furnish any firearm to any person he knows is prohibited from possessing or transporting a firearm who is subject to a permanent protective order. This bill incorporates HB 856 and is identical to SB 479.
|
||
|
||
## Version chain
|
||
|
||
The bill's text revisions, in order — the diff chain from filing to enrollment.
|
||
|
||
1. **Acts of Assembly Chapter text (CHAP1221)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1221)
|
||
2. **Bill text as passed House and Senate (HB1004ER)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB1004ER)
|
||
3. **Impact statement from VCSC (HB1004)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB1004)
|
||
4. **Impact statement from VCSC (HB1004H1)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB1004H1)
|
||
5. **Impact statement from VCSC (HB1004S1)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB1004S1)
|
||
6. **Reenrolled bill text (HB1004ER2)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB1004ER2)
|
||
|
||
## Votes
|
||
|
||
- Constitutional reading dispensed (39-Y 0-N) — **39–0** (pass) · upper
|
||
- VOTE: Adoption (56-Y 42-N) — **55–42** (pass) · lower
|
||
- Reported from Public Safety with substitute (20-Y 2-N) — **20–2** (pass) · lower
|
||
- VOTE: (51-Y 42-N) — **50–42** (pass) · lower
|
||
- Passed Senate with substitute (22-Y 18-N) — **22–18** (pass) · upper
|
||
- Reported from Judiciary with substitute (9-Y 6-N) — **9–6** (pass) · upper
|
||
- Senate concurred in Governor's recommendation (21-Y 19-N) — **21–19** (pass) · upper
|
||
- VOTE: Passage (58-Y 42-N) — **57–42** (pass) · lower
|
||
|
||
## Sponsors
|
||
|
||
- Michael P. Mullin — primary (person)
|
||
- Alfonso H. Lopez — cosponsor (person)
|
||
- Dan I. Helmer — cosponsor (person)
|
||
- Eileen Filler-Corn — cosponsor (person)
|
||
- Kathleen Murphy — cosponsor (person)
|
||
- Mark H. Levine — cosponsor (person)
|
||
|
||
## Timeline
|
||
|
||
The legislative action history — every referral, reading, and vote.
|
||
|
||
- **2020-01-07** Prefiled and ordered printed; offered 01/08/20 20103358D `introduction`
|
||
- **2020-01-07** Referred to Committee on Public Safety `referral-committee`
|
||
- **2020-01-08** Impact statement from VCSC (HB1004)
|
||
- **2020-01-22** Impact statement from DPB (HB1004)
|
||
- **2020-01-24** Reported from Public Safety with substitute (20-Y 2-N) `committee-passage`
|
||
- **2020-01-24** Committee substitute printed 20106626D-H1 `substitution`
|
||
- **2020-01-24** Incorporates HB856 (Murphy)
|
||
- **2020-01-28** Impact statement from VCSC (HB1004H1)
|
||
- **2020-01-28** Impact statement from DPB (HB1004H1)
|
||
- **2020-01-28** Read first time `reading-1`
|
||
- **2020-01-29** Read second time `reading-2`
|
||
- **2020-01-29** Passed by temporarily
|
||
- **2020-01-29** Committee substitute agreed to 20106626D-H1
|
||
- **2020-01-29** Engrossed by House - committee substitute HB1004H1
|
||
- **2020-01-30** Read third time and passed House (58-Y 42-N) `passage, reading-3`
|
||
- **2020-01-30** VOTE: Passage (58-Y 42-N)
|
||
- **2020-01-31** Constitutional reading dispensed
|
||
- **2020-01-31** Referred to Committee on the Judiciary `referral-committee`
|
||
- **2020-02-24** Reported from Judiciary with substitute (9-Y 6-N) `committee-passage`
|
||
- **2020-02-24** Committee substitute printed 20108967D-S1 `substitution`
|
||
- **2020-02-25** Constitutional reading dispensed (39-Y 0-N)
|
||
- **2020-02-25** Impact statement from VCSC (HB1004S1)
|
||
- **2020-02-26** Read third time `reading-3`
|
||
- **2020-02-26** Reading of substitute waived
|
||
- **2020-02-26** Committee substitute agreed to 20108967D-S1
|
||
- **2020-02-26** Engrossed by Senate - committee substitute HB1004S1
|
||
- **2020-02-26** Passed Senate with substitute (22-Y 18-N) `passage`
|
||
- **2020-02-28** Placed on Calendar
|
||
- **2020-02-28** Senate substitute agreed to by House 20108967D-S1 (56-Y 42-N)
|
||
- **2020-02-28** VOTE: Adoption (56-Y 42-N)
|
||
- **2020-02-28** Impact statement from DPB (HB1004S1)
|
||
- **2020-03-05** Enrolled
|
||
- **2020-03-06** Impact statement from DPB (HB1004ER)
|
||
- **2020-03-06** Signed by Speaker
|
||
- **2020-03-06** Signed by President
|
||
- **2020-03-12** Enrolled Bill communicated to Governor on March 12, 2020
|
||
- **2020-03-12** Governor's Action Deadline 11:59 p.m., April 11, 2020
|
||
- **2020-04-11** Governor's recommendation received by House
|
||
- **2020-04-22** Placed on Calendar
|
||
- **2020-04-22** House concurred in Governor's recommendation (51-Y 42-N)
|
||
- **2020-04-22** VOTE: (51-Y 42-N)
|
||
- **2020-04-22** Senate concurred in Governor's recommendation (21-Y 19-N)
|
||
- **2020-04-22** Governor's recommendation adopted
|
||
- **2020-04-22** Reenrolled
|
||
- **2020-04-22** Reenrolled bill text (HB1004ER2)
|
||
- **2020-04-22** Signed by Speaker as reenrolled
|
||
- **2020-04-22** Signed by President as reenrolled
|
||
- **2020-04-22** Enacted, Chapter 1221 (effective 7/1/20) `became-law`
|
||
|
||
## Source
|
||
|
||
OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/506cbaff-99c3-43f5-ada3-007884d93602`. Confidence: reported (aggregated from official Virginia legislature records).
|
||
|