Fabio
95 lines
7.3 KiB
Markdown
95 lines
7.3 KiB
Markdown
---
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type: "Bill"
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title: "Firearms; transfers to another person from a prohibited person."
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description: "Firearm transfers to another person from a prohibited person. Provides that a person who is prohibited from possessing a firearm because the 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 the prohibited person to any person who is not otherwise prohibited by law from possessing such firearm, provided that the 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 a transferee cannot be younger than 21 years of age and cannot reside with the prohibited person. The bill also provides that the 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, address, and signature of the transferee, federally licensed firearms dealer, or law-enforcement agency in possession of the firearm and shall provide a copy of the form to the transferee. The bill also provides that a person who is prohibited from possessing a firearm because the person is subject to a protective order or has been convicted of an assault and battery of a family or household member shall be advised that a law-enforcement officer may obtain a search warrant to search for any firearms from the person if the law-enforcement officer has probable cause. This bill is identical to HB 93."
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jurisdiction: "us/states/va"
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legislature: "Virginia General Assembly"
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session: "2026"
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identifier: "SB 38"
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citation: "Virginia SB 38 (2026)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Barbara A. Favola"]
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version_count: 5
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action_count: 29
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vote_count: 6
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first_action: "2025-11-19"
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last_action: "2026-04-10"
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source: "openstates"
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source_identifier: "ocd-bill/4aacea22-a5d0-4395-bd13-29af96245479"
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source_url: "https://lis.virginia.gov/bill-details/20261/SB38"
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source_hash: "20dafcac90a388bd25399026e6875b24776461195392993205c66a5c5c3b5441"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-va"]
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---
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# Virginia SB 38 (2026) — Firearms; transfers to another person from a prohibited person.
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Firearm transfers to another person from a prohibited person. Provides that a person who is prohibited from possessing a firearm because the 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 the prohibited person to any person who is not otherwise prohibited by law from possessing such firearm, provided that the 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 a transferee cannot be younger than 21 years of age and cannot reside with the prohibited person. The bill also provides that the 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, address, and signature of the transferee, federally licensed firearms dealer, or law-enforcement agency in possession of the firearm and shall provide a copy of the form to the transferee. The bill also provides that a person who is prohibited from possessing a firearm because the person is subject to a protective order or has been convicted of an assault and battery of a family or household member shall be advised that a law-enforcement officer may obtain a search warrant to search for any firearms from the person if the law-enforcement officer has probable cause. This bill is identical to HB 93.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](https://lis.blob.core.windows.net/files/1081387.PDF)
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2. **Chaptered** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1218301.PDF)
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3. **Courts of Justice Amendment** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1104806.HTML)
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4. **Engrossed** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1132110.PDF)
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5. **Enrolled** (enrolled) — [source](https://lis.blob.core.windows.net/files/1168657.PDF)
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## Votes
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- Constitutional reading dispensed R — **40–0** (pass) · upper
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- Reported from Finance and Appropriations — **10–5** (pass) · upper
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- H VOTE: — **63–35** (pass) · lower
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- Reported from Courts of Justice with amendments — **9–6** (pass) · upper
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- Reported from Public Safety — **13–7** (pass) · lower
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- Passage R — **21–19** (pass) · upper
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## Sponsors
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- Barbara A. Favola — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2025-11-19** Prefiled and ordered printed; Offered 01-14-2026 26100710D `filing, introduction`
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- **2025-11-19** Referred to Committee for Courts of Justice `referral-committee`
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- **2026-01-25** Fiscal Impact Statement from Department of Planning and Budget (SB38)
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- **2026-01-28** Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (9-Y 6-N) `committee-passage`
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- **2026-01-28** Senate committee amendments offered
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- **2026-02-04** Reported from Finance and Appropriations (10-Y 5-N) `committee-passage`
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- **2026-02-05** Rules suspended
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- **2026-02-05** Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)
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- **2026-02-05** Passed by for the day (Voice Vote)
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- **2026-02-06** Read second time `reading-2`
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- **2026-02-06** Courts of Justice Amendments agreed to `amendment-passage`
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- **2026-02-06** Engrossed by Senate as amended (Voice Vote)
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- **2026-02-09** Read third time and passed Senate (21-Y 19-N 0-A) `passage, reading-3`
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- **2026-02-12** Placed on Calendar
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- **2026-02-12** Read first time `reading-1`
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- **2026-02-12** Referred to Committee on Public Safety `referral-committee`
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- **2026-02-13** Reported from Public Safety (13-Y 7-N) `committee-passage`
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- **2026-02-15** Read second time `reading-2`
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- **2026-02-16** Read third time `reading-3`
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- **2026-02-16** Passed House (63-Y 35-N 0-A) `passage`
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- **2026-02-18** Enrolled `enrolled`
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- **2026-02-18** Bill text as passed Senate and House (SB38ER) `passage`
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- **2026-02-18** Fiscal Impact Statement from Department of Planning and Budget (SB38)
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- **2026-02-18** Signed by Speaker `passage`
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- **2026-02-18** Signed by President `passage`
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- **2026-03-10** Enrolled Bill communicated to Governor on March 10, 2026 `enrolled, executive-receipt`
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- **2026-03-10** Governor's Action Deadline 11:59 p.m., April 13, 2026 `executive-receipt`
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- **2026-04-10** Approved by Governor-Chapter 534 (effective 7/1/2026) `executive-signature`
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- **2026-04-10** Acts of Assembly Chapter text (CHAP0534)
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/4aacea22-a5d0-4395-bd13-29af96245479`. Confidence: reported (aggregated from official Virginia legislature records).
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