Virginia HB 198: Firearms; removal from persons posing substantial risk, penalties.

Bill Text

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2018 SESSION

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18102262D

HOUSE BILL NO. 198 

Offered January 10, 2018 

Prefiled December 28, 2017 

A BILL to amend and reenact �� 18.2-308.09, 18.2-308.2:1, 
 18.2-308.2:2, and 18.2-308.2:3 of the Code of Virginia and to amend the Code of 
 Virginia by adding a section numbered 18.2-308.1:6, by adding in Chapter 5 of 
 Title 19.2 a section numbered 19.2-60.2, and by adding a section numbered 
 19.2-387.3, relating to the removal of firearms from persons posing a 
 substantial risk of personal injury to self or others; penalties. 
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Patrons-- Sullivan and Hurst 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That �� 18.2-308.09, 18.2-308.2:1, 18.2-308.2:2, and 
 18.2-308.2:3 of the Code of Virginia are amended and reenacted and that the 
 Code of Virginia is amended by adding a section numbered 18.2-308.1:6, by 
 adding in Chapter 5 of Title 19.2 a section numbered 19.2-60.2, and by adding a 
 section numbered 19.2-387.3 as follows:

� 18.2-308.09. Disqualifications for a concealed handgun 
 permit.

The following persons shall be deemed disqualified from 
 obtaining a permit:

1. An individual who is ineligible to possess a firearm 
 pursuant to � 18.2-308.1:1, 18.2-308.1:2, or, 18.2-308.1:3, or 18.2-308.1:6 or the 
 substantially similar law of any other state or of the United States.

2. An individual who was ineligible to possess a firearm 
 pursuant to � 18.2-308.1:1 and who was discharged from the custody of the 
 Commissioner pursuant to � 19.2-182.7 less than five years before the date of 
 his application for a concealed handgun permit.

3. An individual who was ineligible to possess a firearm 
 pursuant to � 18.2-308.1:2 and whose competency or capacity was restored 
 pursuant to � 64.2-2012 less than five years before the date of his application 
 for a concealed handgun permit.

4. An individual who was ineligible to possess a firearm under 
 � 18.2-308.1:3 and who was released from commitment less than five years before 
 the date of this application for a concealed handgun permit.

5. An individual who is subject to a restraining order, or to 
 a protective order and prohibited by � 18.2-308.1:4 from purchasing, 
 possessing, or transporting a firearm.

6. An individual who is prohibited by � 18.2-308.2 from 
 possessing or transporting a firearm, except that a permit may be obtained in 
 accordance with subsection C of that section.

7. An individual who has been convicted of two or more 
 misdemeanors within the five-year period immediately preceding the application, 
 if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have 
 the discretion to deny a permit for two or more misdemeanors that are not Class 
 1. Traffic infractions