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 2008 Legislation Tracking Tool

Bills We Strongly Support

 
Bill Summary Bill Status
HB529       Patron: Brenda L. Pogge - Elec 2008  -  all patrons                                          
Concealed handgun permits; renewal and replacement permits. States that when a new five-year permit is issued while there is an existing valid permit, the new permit becomes effective upon the expiration of the existing permit, so long as the application is received by the court at least 90 days but no more than 180 days prior to the expiration of the existing permit. The bill also allows a person with a concealed handgun permit who moves from one residence to another in Virginia to receive, for a fee not to exceed $10, a replacement permit indicating the new address. The permittee would receive the replacement permit from the clerk of the circuit court that issued the original permit.



VCDL Comments
This bill allows you to pay $10 to get a new permit with a change of address if you want one. It also says that when you get your permit renewed, the effective date of the new permit will begin on the date the old permit expires. This bill was put in for VCDL.
01/07/08  House: Prefiled and ordered printed; offered 01/09/08 088108676
01/07/08  House: Referred to Committee on Militia, Police and Public Safety
01/25/08  House: Reported from Militia, Police and Public Safety with substitute (22-Y 0-N)
01/25/08  House: Committee substitute printed 085972686-H1
01/28/08  House: Read first time
01/29/08  House: Read second time
01/29/08  House: Committee substitute agreed to 085972686-H1
01/29/08  House: Engrossed by House - committee substitute HB529H1
01/30/08  House: Read third time and passed House (97-Y 2-N)
01/30/08  House: VOTE: --- PASSAGE (97-Y 2-N)
01/30/08  House: Communicated to Senate
01/31/08  Senate: Constitutional reading dispensed
01/31/08  Senate: Referred to Committee for Courts of Justice
02/13/08  Senate: Reported from Courts of Justice (15-Y 0-N)
02/15/08  Senate: Constitutional reading dispensed (38-Y 1-N)
02/18/08  Senate: Read third time
02/18/08  Senate: Passed Senate (40-Y 0-N)
02/19/08  House: Enrolled
02/19/08  House: Bill text as passed House and Senate (HB529ER)
02/20/08  House: Signed by Speaker
02/22/08  Senate: Signed by President
03/02/08  Governor: Approved by Governor-Chapter 69 (effective 7/1/08)
03/04/08  Governor: Acts of Assembly Chapter text (CHAP0069)




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HB873       Patron: Joseph P. Johnson, Jr.  -  all patrons                                          
Concealed handgun permits; proof of competency with a handgun. Provides that once an applicant for a concealed handgun permit presents proof of competency such demonstrated competency will never expire.



VCDL Comments
This bill clarifies that honorable discharge papers from the military do not expire for use as training when getting a CHP.
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 086530576
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
01/25/08  House: Reported from Militia, Police and Public Safety with amendments (20-Y 2-N)
01/28/08  House: Read first time
01/29/08  House: Read second time
01/29/08  House: Committee amendments agreed to
01/29/08  House: Engrossed by House as amended HB873E
01/29/08  House: Printed as engrossed 086530576-E
01/30/08  House: Read third time and passed House (95-Y 2-N)
01/30/08  House: VOTE: --- PASSAGE (95-Y 2-N)
01/30/08  House: Communicated to Senate
01/31/08  Senate: Constitutional reading dispensed
01/31/08  Senate: Referred to Committee for Courts of Justice
02/13/08  Senate: Reported from Courts of Justice with amendment (12-Y 0-N)
02/15/08  Senate: Constitutional reading dispensed (38-Y 1-N)
02/18/08  Senate: Read third time
02/18/08  Senate: Reading of amendment waived
02/18/08  Senate: Committee amendment agreed to
02/18/08  Senate: Engrossed by Senate as amended
02/18/08  Senate: Passed Senate with amendment (40-Y 0-N)
02/19/08  House: Placed on Calendar
02/20/08  House: Passed by for the day
02/21/08  House: Passed by for the day
02/22/08  House: Passed by for the day
02/25/08  House: Senate amendment agreed to by House (95-Y 0-N)
02/25/08  House: VOTE: --- ADOPTION (95-Y 0-N)
02/27/08  House: Enrolled
02/27/08  House: Bill text as passed House and Senate (HB873ER)
02/27/08  House: Signed by Speaker
02/28/08  Senate: Signed by President
03/04/08  Governor: Approved by Governor-Chapter 309 (effective 7/1/08)
03/11/08  Governor: Acts of Assembly Chapter text (CHAP0309)




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SB476       Patron: Emmett W. Hanger, Jr.  -  all patrons                                          
Concealed handguns; restaurants; penalty. Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of a restaurant or club shall inform a designated employee of the restaurant or club of that fact. A person who consumes alcohol in violation of the provisions of the bill is guilty of a Class 2 misdemeanor and a person who becomes intoxicated in violation of the provisions of the bill is guilty of a Class 1 misdemeanor.



VCDL Comments
This bill repeals the restaurant ban as long as the CHP holder does not drink while carrying concealed! Put in at VCDL's request.
01/09/08  Senate: Prefiled and ordered printed; offered 01/09/08 085926232
01/09/08  Senate: Referred to Committee for Courts of Justice
02/06/08  Senate: Reported from Courts of Justice (9-Y 4-N)
02/08/08  Senate: Constitutional reading dispensed (40-Y 0-N)
02/11/08  Senate: Read second time
02/11/08  Senate: Passed by for the day
02/12/08  Senate: Read second time
02/12/08  Senate: Amendment by Senator McEachin withdrawn
02/12/08  Senate: Reading of amendment waived
02/12/08  Senate: Amendment by Senator Hanger agreed to
02/12/08  Senate: Engrossed by Senate as amended SB476E
02/12/08  Senate: Printed as engrossed 085926232-E
02/12/08  Senate: Constitutional reading dispensed (39-Y 1-N)
02/12/08  Senate: Motion to rerefer to committee rejected (16-Y 23-N)
02/12/08  Senate: Passed Senate (24-Y 15-N)
02/12/08  Senate: Communicated to House
02/13/08  House: Placed on Calendar
02/13/08  House: Read first time
02/13/08  House: Referred to Committee on Militia, Police and Public Safety
02/18/08  House: Reported from Militia, Police and Public Safety (16-Y 5-N)
02/20/08  House: Read second time
02/21/08  House: Read third time
02/21/08  House: Amendments by Delegate Sickles withdrawn
02/21/08  House: Pending question ordered
02/21/08  House: Passed House (62-Y 36-N)
02/21/08  House: VOTE: --- PASSAGE (62-Y 36-N)
02/22/08  Senate: Enrolled
02/22/08  Senate: Bill text as passed Senate and House (SB476ER)
02/22/08  House: Signed by Speaker
02/25/08  Senate: Signed by President
03/04/08  Governor: Vetoed by Governor
03/05/08  Senate: Motion to pass in enrolled form rejected (22-Y 18-N)
03/05/08  Senate: Senate sustained Governor's veto




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Bills We Support

 
Bill Summary Bill Status
SB436       Patron: Jill Holtzman Vogel  -  all patrons                                          
Possession of concealed weapons in vehicles. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is locked in a container or compartment.



VCDL Comments
This bill allows a person to have a concealed handgun in a vehicle or vessel if the handgun is in a LOCKED container or compartment in the vehicle or vessel. This should not affect open carry of a gun in a vehicle, but would allow a loaded gun to be in the vehicle if it is in a locked glove box, console, or other container. It has no restrictions on where you are going to or coming from.
01/08/08  Senate: Prefiled and ordered printed; offered 01/09/08 086550338
01/08/08  Senate: Referred to Committee for Courts of Justice
02/06/08  Senate: Reported from Courts of Justice (10-Y 3-N)
02/08/08  Senate: Constitutional reading dispensed (40-Y 0-N)
02/11/08  Senate: Read second time and engrossed
02/11/08  Senate: Constitutional reading dispensed (39-Y 1-N)
02/11/08  Senate: Passed Senate (31-Y 9-N)
02/11/08  Senate: Communicated to House
02/12/08  House: Placed on Calendar
02/12/08  House: Read first time
02/12/08  House: Referred to Committee on Militia, Police and Public Safety
02/18/08  House: Reported from Militia, Police and Public Safety (17-Y 4-N)
02/20/08  House: Read second time
02/21/08  House: Read third time
02/21/08  House: Pending question ordered
02/21/08  House: Passed House (69-Y 29-N)
02/21/08  House: VOTE: --- PASSAGE (69-Y 29-N)
02/22/08  Senate: Enrolled
02/22/08  Senate: Bill text as passed Senate and House (SB436ER)
02/22/08  House: Signed by Speaker
02/25/08  Senate: Signed by President
03/04/08  Governor: Vetoed by Governor
03/05/08  Senate: Motion to pass in enrolled form rejected (25-Y 15-N)
03/05/08  Senate: Senate sustained Governor's veto




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Bills We Strongly Oppose

 
Bill Summary Bill Status
 
Bills We Oppose

 
Bill Summary Bill Status
SB222       Patron: Ryan T. McDougle  -  all patrons                                          
Possession of firearms by persons who committed felonies while juveniles. Provides that despite the date of his conviction, a juvenile adjudicated delinquent of certain heinous felonies shall not, when he reaches the age of 29 years, be entitled to possess a firearm. Currently, the prohibition on possession after the age of 29 exists only for juvenile felonies committed on or after July 2005.



VCDL Comments
This bill takes us down a slippery slope. Virginia law used to allow a juvenile 14 or older to have felonies removed if they stayed model citizens until their 29th birthday. Then they took certain violent felonies out of that mix: murder, kidnapping, robbery if firearms were used as a threat, and rape IF the person was found guilty before July 1, 2005. This bill strikes that language and will disarm people who have stayed clear of crime and have successfully owned guns for many, many years. It's retroactive nature is particularly egregious.
01/07/08  Senate: Prefiled and ordered printed; offered 01/09/08 080314272
01/07/08  Senate: Referred to Committee for Courts of Justice
01/10/08  Senate: Assigned Courts sub: Criminal
01/16/08  Senate: Reported from Courts of Justice (15-Y 0-N)
01/18/08  Senate: Constitutional reading dispensed (38-Y 0-N)
01/21/08  Senate: Read second time and engrossed
01/22/08  Senate: Read third time and passed Senate (38-Y 0-N)
01/22/08  Senate: Communicated to House
02/11/08  House: Placed on Calendar
02/11/08  House: Read first time
02/11/08  House: Referred to Committee for Courts of Justice
02/14/08  House: Assigned Courts sub: Criminal
02/29/08  House: Reported from Courts of Justice (17-Y 0-N)
03/04/08  House: Read second time
03/05/08  House: Read third time
03/05/08  House: Passed House BLOCK VOTE (97-Y 0-N)
03/05/08  House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
03/08/08  Senate: Enrolled
03/08/08  Senate: Bill text as passed Senate and House (SB222ER)
03/08/08  House: Signed by Speaker
03/11/08  Senate: Signed by President
03/27/08  Governor: Approved by Governor-Chapter 752 (effective 7/1/08)
04/14/08  Governor: Acts of Assembly Chapter text (CHAP0752)




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SB776       Patron: Robert Hurt  -  all patrons                                          
Concealed weapons; attorney for the Commonwealth may carry without a permit. Authorizes an attorney for the Commonwealth or an assistant attorney for the Commonwealth to carry a concealed handgun without obtaining a permit wherever such attorney may travel in the Commonwealth. Current law only authorizes an attorney for the Commonwealth to carry a concealed handgun without a permit while in the discharge of his official duties or while in transit to and from such duties.



VCDL Comments
This bill allows Commonwealth Attorneys to carry off-duty without a permit. VCDL opposes this bill as it makes yet another "class" of gun owners. Commonwealth Attorneys can get a CHP for off-duty carry. They can carry by the same rules that everyone else does - including having to open carry in restaurants and being banned from carry on K-12 school property. Their lives are not less important, but also not more important, than your life or mine.
01/18/08  Senate: Presented and ordered printed 088921556
01/18/08  Senate: Referred to Committee for Courts of Justice
02/06/08  Senate: Reported from Courts of Justice (13-Y 0-N)
02/08/08  Senate: Constitutional reading dispensed (40-Y 0-N)
02/11/08  Senate: Read second time and engrossed
02/11/08  Senate: Constitutional reading dispensed (40-Y 0-N)
02/11/08  Senate: Passed Senate (40-Y 0-N)
02/11/08  Senate: Communicated to House
02/12/08  House: Placed on Calendar
02/12/08  House: Read first time
02/12/08  House: Referred to Committee on Militia, Police and Public Safety
02/22/08  House: Reported from Militia, Police and Public Safety (18-Y 1-N)
02/25/08  House: Read second time
02/26/08  House: Passed by for the day
02/27/08  House: Read third time
02/27/08  House: Pending question ordered
02/27/08  House: Passed House (64-Y 31-N 2-A)
02/27/08  House: VOTE: --- PASSAGE (64-Y 31-N 2-A)
02/28/08  Senate: Enrolled
02/28/08  Senate: Bill text as passed Senate and House (SB776ER)
02/28/08  House: Signed by Speaker
03/02/08  Senate: Signed by President
03/07/08  Governor: Approved by Governor-Chapter 464 (effective 7/1/08)
03/14/08  Governor: Acts of Assembly Chapter text (CHAP0464)




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Bills We Are Currently Neutral On

 
Bill Summary Bill Status
HB1414       Patron: James M. Scott  -  all patrons                                          

Revocation of concealed handgun permits; notification of the State Police. Requires the court that issued a person a concealed handgun permit to revoke the permit upon notification by the State Police that the person has been convicted of an offense that would disqualify him from obtaining a permit or if the person is adjudicated legally incompetent, mentally incapacitated, or is involuntarily committed. The law currently requires such persons to forfeit and surrender their concealed handgun permits, but does not require the issuing court to revoke the permit.




01/11/08  House: Presented and ordered printed 084641824
01/11/08  House: Referred to Committee on Militia, Police and Public Safety
02/08/08  House: Reported from Militia, Police and Public Safety with amendment (22-Y 0-N)
02/09/08  House: Read first time
02/11/08  House: Read second time
02/11/08  House: Committee amendment agreed to
02/11/08  House: Engrossed by House as amended HB1414E
02/11/08  House: Printed as engrossed 084641824-E
02/12/08  House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/12/08  House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/12/08  House: Communicated to Senate
02/13/08  Senate: Constitutional reading dispensed
02/13/08  Senate: Referred to Committee for Courts of Justice
02/28/08  Senate: Reported from Courts of Justice (13-Y 0-N)
03/03/08  Senate: Constitutional reading dispensed (40-Y 0-N)
03/04/08  Senate: Read third time
03/04/08  Senate: Passed Senate (40-Y 0-N)
03/06/08  House: Enrolled
03/06/08  House: Bill text as passed House and Senate (HB1414ER)
03/06/08  House: Signed by Speaker
03/09/08  Senate: Signed by President
03/27/08  Governor: Approved by Governor-Chapter 742 (effective 7/1/08)
04/14/08  Governor: Acts of Assembly Chapter text (CHAP0742)
HB499       Patron: Phillip A. Hamilton  -  all patrons                                          

Involuntary commitment; outpatient treatment; etc. Changes the criteria for emergency custody orders, temporary detention orders, and involuntary commitment proceedings, including how that criteria is applied to prisoners and juveniles, so that a person may be taken into emergency custody, placed under temporary detention, or involuntarily committed where it is found that the person has a mental illness and there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future (i) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (ii) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs. The bill also provides that a person who meets the criteria for involuntary commitment may be ordered to mandatory outpatient treatment if less restrictive alternatives to involuntary inpatient treatment are appropriate and are available, and the person has the capacity to comply with such outpatient treatment and has agreed to abide by the treatment plan. The bill also sets forth how such mandatory outpatient treatment will be monitored and how a person's noncompliance with such treatment will be addressed. The bill also provides that, upon request, any health care provider or other provider rendering services to persons subject to emergency custody orders, temporary detention orders, or involuntary commitment proceedings shall disclose to certain entities and individuals all information necessary and appropriate for the entities or individuals to perform their duties in relation to such orders or proceedings. Any health care provider shall be immune for any harm resulting from the disclosure of health records unless he intended the harm or acted in bad faith. The bill also authorizes a single two-hour extension of an emergency custody order; provides that a person under a temporary detention order may be released prior to 48 hours after the order is executed if the person does not pose a danger to himself or others; expands those persons qualified to perform an independent examination of a person prior to a commitment hearing to include clinical social workers, professional counselors, psychiatric nurse practitioners, and clinical nurse specialists; sets forth factors that may be considered when determining whether probable cause exists to issue an emergency custody order or temporary detention order and factors that shall be considered prior to entry of an involuntary commitment order or mandatory outpatient treatment order; and makes several changes concerning the conduct of prescreening reports and independent examinations and the presentation of these reports or examinations at the required hearings. This bill incorporates HB 816, HB 1322, and HB 1491. This bill is identical to SB 246.




01/07/08  House: Prefiled and ordered printed; offered 01/09/08 088522820
01/07/08  House: Referred to Committee for Courts of Justice
01/14/08  House: Assigned Courts sub: Mental Health
01/28/08  House: Reported from Courts of Justice with substitute (22-Y 0-N)
01/28/08  House: Referred to Committee on Appropriations
01/30/08  House: Assigned App. sub: Health & Human Resources (Hamilton)
01/30/08  House: Committee substitute printed 081467432-H1
02/08/08  House: Reported from Appropriations with substitute (24-Y 0-N)
02/09/08  House: Committee substitute printed 082585528-H2
02/09/08  House: Read first time
02/11/08  House: Read second time
02/11/08  House: Committee substitute from Courts of Justice rejected 081467432-H1
02/11/08  House: Committee substitute from Appropriations agreed to 082585528-H2
02/11/08  House: Engrossed by House - committee substitute HB499H2
02/12/08  House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/12/08  House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/12/08  House: Communicated to Senate
02/13/08  Senate: Constitutional reading dispensed
02/13/08  Senate: Referred to Committee for Courts of Justice
02/14/08  Senate: Assigned Courts sub: Special on Proposed Mental Health Legislation
02/25/08  Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
02/25/08  Senate: Committee substitute printed 080297248-S1
02/26/08  Senate: Constitutional reading dispensed (40-Y 0-N)
02/27/08  Senate: Read third time
02/27/08  Senate: Reading of substitute waived
02/27/08  Senate: Committee substitute agreed to 080297248-S1
02/27/08  Senate: Passed by for the day
02/28/08  Senate: Read third time
02/28/08  Senate: Passed by for the day
02/29/08  Senate: Passed by for the day
03/03/08  Senate: Read third time
03/03/08  Senate: Passed by for the day
03/04/08  Senate: Read third time
03/04/08  Senate: Passed by temporarily
03/04/08  Senate: Committee substitute reconsidered (37-Y 3-N)
03/04/08  Senate: Committee substitute rejected 080297248-S1
03/04/08  Senate: Floor substitute printed 089652820-S2 (Howell)
03/04/08  Senate: Reading of substitute waived
03/04/08  Senate: Substitute by Senator Howelll agreed to 089652820-S2
03/04/08  Senate: Engrossed by Senate - floor substitute HB499S2
03/04/08  Senate: Passed Senate with substitute (40-Y 0-N)
03/05/08  House: Placed on Calendar
03/05/08  House: Senate substitute agreed to by House 089652820-S2 (96-Y 0-N)
03/05/08  House: VOTE: --- ADOPTION (96-Y 0-N)
03/07/08  House: Enrolled
03/07/08  House: Bill text as passed House and Senate (HB499ER)
03/07/08  House: Signed by Speaker
03/09/08  Senate: Signed by President
04/11/08  House: Governor's recommendation received by House
04/22/08  House: Placed on Calendar
04/23/08  House: House concurred in Governor's recommendation (97-Y 0-N)
04/23/08  House: VOTE: --- ADOPTION (97-Y 0-N)
04/23/08  Senate: Senate concurred in Governor's recommendation (38-Y 0-N)
04/23/08  Governor: Governor's recommendation adopted
04/23/08  House: Reenrolled
04/23/08  House: Reenrolled bill text (HB499ER2)
04/23/08  House: Signed by Speaker as reenrolled
04/23/08  Senate: Signed by President as reenrolled
04/23/08  Governor: Approved by Governor-Chapter 850 (effective 7/1/08)
04/23/08  Governor: Acts of Assembly Chapter text (CHAP0850)
SB216       Patron: John S. Edwards  -  all patrons                                          

Involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records Exchange. Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment or persons who were the subject of a temporary detention order and who subsequently agreed to voluntary commitment, are prohibited from purchasing, possessing, or transporting a firearm. This portion of the bill codifies Executive Order 50 (2007). The bill also provides that persons found incompetent to stand trial are prohibited from purchasing, possessing or transporting a firearm. A person who is prohibited from possessing a firearm because he was (i) acquitted by reason of insanity, (ii) found incompetent to stand trial, or (iii) involuntarily committed to inpatient or outpatient mental health treatment, may petition the general district court to have his right to possess a firearm restored. Such petition shall be granted if the court finds that the person's disabilities and his criminal history, treatment record, and reputation are such that the person will not be likely to act in a manner dangerous to public safety and that granting the petition will not be contrary to the public interest. The bill also provides that clerks of court shall forward to the Central Criminal Records Exchange any orders affecting an individual's right to possess a firearm, such as if a person is acquitted by reason of insanity, is found incompetent to stand trial, or has the right to possess a firearm restored by a court order.




01/07/08  Senate: Prefiled and ordered printed; offered 01/09/08 083175228
01/07/08  Senate: Referred to Committee for Courts of Justice
01/21/08  Senate: Assigned Courts sub: Special on Proposed Mental Health Legislation
01/28/08  Senate: Committee substitute printed 080855228-S1
01/28/08  Senate: Reported from Courts of Justice with substitute (14-Y 0-N)
01/29/08  Senate: Constitutional reading dispensed (39-Y 0-N)
01/30/08  Senate: Read second time
01/30/08  Senate: Reading of substitute waived
01/30/08  Senate: Committee substitute agreed to 080855228-S1
01/30/08  Senate: Engrossed by Senate - committee substitute SB216S1
01/31/08  Senate: Read third time and passed Senate (40-Y 0-N)
01/31/08  Senate: Communicated to House
02/11/08  House: Placed on Calendar
02/11/08  House: Read first time
02/11/08  House: Referred to Committee for Courts of Justice
02/14/08  House: Assigned Courts sub: Mental Health
02/21/08  House: Reported from Courts of Justice with substitute (20-Y 0-N)
02/22/08  House: Motion to refer to committee agreed to
02/22/08  House: Referred to Committee on Appropriations
02/22/08  House: Committee substitute printed 089587228-H1
02/27/08  House: Reported from Appropriations (23-Y 0-N)
02/29/08  House: Read second time
03/03/08  House: Passed by for the day
03/04/08  House: Read third time
03/04/08  House: Committee substitute agreed to 089587228-H1
03/04/08  House: Engrossed by House - committee substitute SB216H1
03/04/08  House: Passed House with substitute BLOCK VOTE (99-Y 0-N)
03/04/08  House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
03/05/08  Senate: Passed by temporarily
03/05/08  Senate: House substitute agreed to by Senate (39-Y 0-N)
03/08/08  Senate: Enrolled
03/08/08  Senate: Bill text as passed Senate and House (SB216ER)
03/08/08  House: Signed by Speaker
03/11/08  Senate: Signed by President
03/27/08  Governor: Approved by Governor-Chapter 751 (effective 7/1/08)
04/14/08  Governor: Acts of Assembly Chapter text (CHAP0751)
SB226       Patron: Ryan T. McDougle  -  all patrons                                          

Purchase of firearms; consent form; mental health questions.  Requires that a person seeking to purchase a firearm from a firearms dealer answer questions on the state background check consent form concerning whether the applicant has ever been acquitted by reason of insanity, been adjudicated legally incompetent or mentally incapacitated, adjudicated an incapacitated person, or been involuntarily admitted to a facility or involuntarily ordered to outpatient mental health treatment. This bill is identical to HB 709.




01/07/08  Senate: Prefiled and ordered printed; offered 01/09/08 083806272
01/07/08  Senate: Referred to Committee for Courts of Justice
01/21/08  Senate: Assigned Courts sub: Special on Proposed Mental Health Legislation
01/28/08  Senate: Reported from Courts of Justice with amendment (14-Y 0-N)
01/29/08  Senate: Constitutional reading dispensed (39-Y 0-N)
01/30/08  Senate: Read second time
01/30/08  Senate: Reading of amendment waived
01/30/08  Senate: Committee amendment agreed to
01/30/08  Senate: Engrossed by Senate as amended SB226E
01/30/08  Senate: Printed as engrossed 083806272-E
01/31/08  Senate: Read third time and passed Senate (40-Y 0-N)
01/31/08  Senate: Communicated to House
02/11/08  House: Placed on Calendar
02/11/08  House: Read first time
02/11/08  House: Referred to Committee for Courts of Justice
02/14/08  House: Assigned Courts sub: Mental Health
02/29/08  House: Reported from Courts of Justice with substitute (17-Y 0-N)
03/03/08  House: Committee substitute printed 081580568-H1
03/04/08  House: Read second time
03/05/08  House: Read third time
03/05/08  House: Committee substitute agreed to 081580568-H1
03/05/08  House: Engrossed by House - committee substitute SB226H1
03/05/08  House: Passed House with substitute BLOCK VOTE (97-Y 0-N)
03/05/08  House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
03/06/08  Senate: House substitute rejected by Senate (4-Y 36-N)
03/06/08  House: House insisted on substitute
03/06/08  House: House requested conference committee
03/06/08  Senate: Senate acceded to request (36-Y 0-N)
03/06/08  Senate: Conferees appointed by Senate
03/06/08  Senate: Senators: McDougle, Edwards, Quayle
03/06/08  House: Conferees appointed by House
03/06/08  House: Delegates: Janis, Kilgore, Bowling
03/07/08  Senate: Conference substitute printed 080542272-S1
03/08/08  House: Conference report agreed to by House (100-Y 0-N)
03/08/08  House: VOTE: --- ADOPTION (100-Y 0-N)
03/08/08  Senate: Reading of conference report waived
03/08/08  Senate: Conference report agreed to by Senate (40-Y 0-N)
03/24/08  Senate: Enrolled
03/24/08  Senate: Bill text as passed Senate and House (SB226ER)
03/24/08  House: Signed by Speaker
03/26/08  Senate: Signed by President
04/11/08  Senate: Governor's recommendation received by Senate
04/22/08  Senate: Placed on Calendar
04/23/08  Senate: Senate concurred in Governor's recommendation (39-Y 0-N)
04/23/08  House: House concurred in Governor's recommendation (95-Y 0-N)
04/23/08  House: VOTE: --- ADOPTION (95-Y 0-N)
04/23/08  Governor: Governor's recommendation adopted
04/23/08  Senate: Reenrolled
04/23/08  Senate: Reenrolled bill text (SB226ER2)
04/23/08  Senate: Signed by President as reenrolled
04/23/08  House: Signed by Speaker as reenrolled
04/23/08  Governor: Approved by Governor-Chapter 869 (effective 7/1/08)
04/23/08  Governor: Acts of Assembly Chapter text (CHAP0869)
SB246       Patron: Janet D. Howell  -  all patrons                                          

Involuntary commitment; outpatient treatment; etc. Changes the criteria for emergency custody orders, temporary detention orders, and involuntary commitment proceedings, including how that criteria is applied to prisoners and juveniles, so that a person may be taken into emergency custody, placed under temporary detention, or involuntarily committed where it is found that the person has a mental illness and there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future (i) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (ii) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs. The bill also provides that a person who meets the criteria for involuntary commitment may be ordered to mandatory outpatient treatment if less restrictive alternatives to involuntary inpatient treatment are appropriate and are available, and the person has the capacity to comply with such outpatient treatment and has agreed to abide by the treatment plan. The bill also sets forth how such mandatory outpatient treatment will be monitored and how a person's noncompliance with such treatment will be addressed. The bill also provides that, upon request, any health care provider or other provider rendering services to persons subject to emergency custody orders, temporary detention orders, or involuntary commitment proceedings shall disclose to certain entities and individuals all information necessary and appropriate for the entities or individuals to perform their duties in relation to such orders or proceedings. Any health care provider shall be immune for any harm resulting from the disclosure of health records unless he intended the harm or acted in bad faith. The bill also authorizes a single two-hour extension of an emergency custody order; provides that a person under a temporary detention order may be released prior to 48 hours after the order is executed if the person does not pose a danger to himself or others; expands those persons qualified to perform an independent examination of a person prior to a commitment hearing to include clinical social workers, professional counselors, psychiatric nurse practitioners, and clinical nurse specialists; sets forth factors that may be considered when determining whether probable cause exists to issue an emergency custody order or temporary detention order and factors that shall be considered prior to entry of an involuntary commitment order or mandatory outpatient treatment order; and makes several changes concerning the conduct of prescreening reports and independent examinations and the presentation of these reports or examinations at the required hearings. This bill incorporates SB 75, SB 78, SB 79, SB 80, SB 96, SB 97, SB 101, SB 103, SB 104, SB 129, SB 139, SB 140, SB 144, SB 217, SB 220, SB 273, SB 341, and SB 769. This bill is identical to HB 499.




01/08/08  Senate: Prefiled and ordered printed; offered 01/09/08 089813248
01/08/08  Senate: Referred to Committee for Courts of Justice
01/21/08  Senate: Assigned Courts sub: Special on Proposed Mental Health Legislation
01/28/08  Senate: Reported from Courts of Justice with substitute (13-Y 0-N)
01/28/08  Senate: Rereferred to Finance
01/29/08  Senate: Committee substitute printed 081542248-S1
02/06/08  Senate: Reported from Finance with substitute (16-Y 0-N)
02/07/08  Senate: Committee substitute printed 086010212-S2
02/07/08  Senate: Constitutional reading dispensed (38-Y 0-N)
02/08/08  Senate: Read second time
02/08/08  Senate: Reading of substitute waived
02/08/08  Senate: Committee substitute rejected 081542248-S1
02/08/08  Senate: Reading of substitute waived
02/08/08  Senate: Committee substitute agreed to 086010212-S2
02/08/08  Senate: Engrossed by Senate - committee substitute SB246S2
02/08/08  Senate: Constitutional reading dispensed (40-Y 0-N)
02/08/08  Senate: Passed Senate (40-Y 0-N)
02/08/08  Senate: Communicated to House
02/13/08  House: Placed on Calendar
02/13/08  House: Read first time
02/13/08  House: Referred to Committee for Courts of Justice
02/14/08  House: Assigned Courts sub: Mental Health
02/21/08  House: Reported from Courts of Justice with substitute (20-Y 0-N)
02/22/08  House: Motion to refer to committee agreed to
02/22/08  House: Referred to Committee on Appropriations
02/22/08  House: Committee substitute printed 089582248-H1
02/27/08  House: Reported from Appropriations (23-Y 0-N)
02/29/08  House: Read second time
03/03/08  House: Passed by for the day
03/04/08  House: Read third time
03/04/08  House: Committee substitute rejected 089582248-H1
03/04/08  House: Floor substitute printed 089654248-H2 (Hamilton)
03/04/08  House: Substitute by Delegate Hamilton agreed to 089654248-H2
03/04/08  House: Engrossed by House - floor substitute SB246H2
03/04/08  House: Passed House with substitute (99-Y 0-N)
03/04/08  House: VOTE: --- PASSAGE (99-Y 0-N)
03/05/08  Senate: House substitute agreed to by Senate (40-Y 0-N)
03/08/08  Senate: Enrolled
03/08/08  House: Signed by Speaker
03/08/08  Senate: Bill text as passed Senate and House (SB246ER)
03/11/08  Senate: Signed by President
04/11/08  Senate: Governor's recommendation received by Senate
04/22/08  Senate: Placed on Calendar
04/23/08  Senate: Senate concurred in Governor's recommendation (39-Y 0-N)
04/23/08  House: House concurred in Governor's recommendation (97-Y 0-N)
04/23/08  House: VOTE: --- ADOPTION (97-Y 0-N)
04/23/08  Governor: Governor's recommendation adopted
04/23/08  Senate: Reenrolled
04/23/08  Senate: Signed by President as reenrolled
04/23/08  House: Signed by Speaker as reenrolled
04/23/08  Governor: Approved by Governor-Chapter 870 (effective 7/1/08)
04/23/08  Senate: Reenrolled bill text (SB246ER2)
04/23/08  Governor: Acts of Assembly Chapter text (CHAP0870)
 
Bills That Have Been Rolled Into Other Bills, Continued to Next Year, Withdrawn or Killed

 
Bill Summary Bill Status
HB212       Patron: Mark L. Cole  -  all patrons

Certain firearms taxes; destruction of records. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a recordkeeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records.



VCDL Comments
This bill gets rid of a law enabling localities to register pistols and revolvers and require any existing records be destroyed. This law has never been used much and it will be great to get it off the books so it can't be used further.
12/27/07  House: Prefiled and ordered printed; offered 01/09/08 086532468
12/27/07  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
HB210       Patron: Mark L. Cole  -  all patrons

Armed security officers; protection of private schools and child day centers. States that armed security officers, licensed by the Department of Criminal Justice Services, may carry firearms onto school property if such officer is hired by the school to provide protection to students and employees, and prohibits the Child Day-Care Council from adopting any regulations that would prevent a child day center from hiring such an armed security officer.



VCDL Comments
This bill allows private schools and day care centers to hire their own armed guards. Actually we don't know why private school are covered under a gun ban to begin with, as they currently are. It should be up to the private school, not the government, as to whether they want employees or others to legally carry. This is a good first step in the right direction.
12/27/07  House: Prefiled and ordered printed; offered 01/09/08 084558468
12/27/07  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
HB371       Patron: Charles W. Carrico, Sr.  -  all patrons

Local control of firearms; attorney fees. Requires a locality to pay attorney fees resulting from taking certain actions prohibited with regard to firearm control.



VCDL Comments
This bill puts teeth in Virginia's preemption laws by requiring a locality that has a preempted ordinance and knowingly enforces that ordinance against an individual to pay all of that individual's legal fees. This bill was put in for VCDL.
01/04/08  House: Prefiled and ordered printed; offered 01/09/08 084511460
01/04/08  House: Referred to Committee on Militia, Police and Public Safety
01/25/08  House: Reported from Militia, Police and Public Safety (20-Y 2-N)
01/28/08  House: Read first time
01/29/08  House: Read second time and engrossed
01/30/08  House: Read third time and passed House (88-Y 11-N)
01/30/08  House: VOTE: --- PASSAGE (88-Y 11-N)
01/30/08  House: Communicated to Senate
01/31/08  Senate: Constitutional reading dispensed
01/31/08  Senate: Referred to Committee on Local Government
02/26/08  Senate: Rereferred from Local Government (15-Y 0-N)
02/26/08  Senate: Rereferred to Courts of Justice
03/03/08  Senate: Left in Courts of Justice (8-Y 7-N)
HB109       Patron: Mark L. Cole  -  all patrons

Regulation of firearms by state entities. Prohibits a state agency, council, commission, or other entity from adopting any rules, regulations, or policies governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof, unless expressly authorized by statute. The prohibition does not apply to state, local, and regional correctional facilities or mental health facilities, nor is it to be construed to prohibit a law-enforcement officer from acting within the scope of his duties. Any rule, regulation, or policy adopted prior to July 1, 2007, except for those specifically authorized by statute, will be invalid.




12/17/07  House: Prefiled and ordered printed; offered 01/09/08 087907468
12/17/07  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
HB710       Patron: William R. Janis  -  all patrons

Self defense and defense of others. Provides that any person who lawfully occupies a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily injury. The bill also provides that a person who uses justifiable force against an intruder shall be immune from civil liability for injuries or death of the other person.



VCDL Comments
This bill is a "castle doctrine" bill that relieves a person of civil liability if he has to defend himself in his home.
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 085925568
01/08/08  House: Referred to Committee for Courts of Justice
01/16/08  House: Assigned Courts sub: Criminal
02/04/08  House: Reported from Courts of Justice with amendment (18-Y 4-N)
02/06/08  House: Read first time
02/07/08  House: Read second time
02/07/08  House: Committee amendment agreed to
02/07/08  House: Engrossed by House as amended HB710E
02/07/08  House: Printed as engrossed 085925568-E
02/08/08  House: Read third time and passed House (80-Y 19-N)
02/08/08  House: VOTE: --- PASSAGE (80-Y 19-N)
02/08/08  House: Communicated to Senate
02/11/08  Senate: Constitutional reading dispensed
02/11/08  Senate: Referred to Committee for Courts of Justice
02/12/08  Senate: Assigned Courts sub: Criminal
02/18/08  Senate: Passed by indefinitely in Courts of Justice (11-Y 4-N)
HB1371       Patron: C. Todd Gilbert  -  all patrons

Concealed handgun permittees; carrying firearms on public property. Prohibits a state entity, including the board of visitors of a state institution of higher education, from prohibiting the possession of a handgun on state property by a person with a valid concealed handgun permit, unless expressly authorized by statute to adopt such a rule, regulation, or policy.



VCDL Comments
This bill states that CHP holders can carry on **all** public and state property where the CHP holder can legally be. The only exceptions are correctional facilities and mental health facilities. This bill was put in for VCDL.
01/09/08  House: Prefiled and ordered printed; offered 01/09/08 083346516
01/09/08  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
SB730       Patron: Ralph K. Smith  -  all patrons

Concealed handgun permits; access to permittee information. Protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network. However, the information would still be available to law-enforcement agencies, officers, and agents in the course of law-enforcement duties, and non-identifying statistical information would be available to the general public. In addition, the State Police would be required to furnish, at a reasonable cost, a list of permit holders and their mailing addresses to nonprofit firearms and hunting educational and issue advocacy groups, but only for the purpose of education and advocacy. This bill was incorporated into SB 529.



VCDL Comments
This bill protects concealed handgun permit holder information from release, but allows the release of names and addresses to law enforcement and to nonprofit firearms and hunting-related educational and issue-advocacy groups incorporated under 501 (c) of the federal Internal Revenue Code, for educational and issue-advocacy purposes only.
01/18/08  Senate: Presented and ordered printed 084787326
01/18/08  Senate: Referred to Committee for Courts of Justice
02/04/08  Senate: Incorporated by Courts of Justice (SB529-Houck) (14-Y 0-N)
HB79       Patron: Watkins M. Abbitt, Jr.  -  all patrons

Special license plates; members and supporters of the Virginia Citizens Defense League. Authorizes the issuance of special license plates for members and supporters of the Virginia Citizens Defense League.




12/10/07  House: Prefiled and ordered printed; offered 01/09/08 083422400
12/10/07  House: Referred to Committee on Transportation
01/14/08  House: Assigned Transportation sub: 3
02/07/08  House: Continued to 2009 in Transportation by voice vote
HB1544       Patron: C. Todd Gilbert  -  all patrons

Concealed handguns; restaurants. Prohibits a person who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises.



VCDL Comments
This bill repeals the ban on carrying a concealed handgun in a restaurant that has a license to serve alcohol for on-premise consumption as long as the concealed handgun permit holder does not drink any alcoholic beverages while carrying concealed. Restaurants and clubs are privately owned businesses, and the question of whether or not to allow firearms in these establishments should be determined by the owners, not by government fiat.
01/18/08  House: Presented and ordered printed 089858516
01/18/08  House: Referred to Committee on General Laws
01/29/08  House: Referred from General Laws by voice vote
01/29/08  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
HB697       Patron: Mamye E. BaCote  -  all patrons

Control of firearms; libraries. Provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof in libraries owned or operated by the locality.



VCDL Comments
This bill allows localities to ban guns in libraries.

Another Legislative Victory For Virginia Gun Owners!
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 087948424
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
HB1277       Patron: Lionell Spruill, Sr.  -  all patrons

Firearms; carrying at Capitol Square. Prohibits the possession of firearms on Capitol Square. Violation of the section is a Class 1 misdemeanor. There is an exception for law-enforcement officers and licensed security guards. For purposes of this section, "Capitol Square" means the grounds in that area of the City of Richmond bounded by Bank, Governor, Broad, and Ninth Streets, and the interior of the State Capitol, the General Assembly Building, and the Patrick Henry Building.



VCDL Comments
This bill makes it illegal for anyone but an officer on duty or security guard on duty to carry in Capitol Square.

Another Legislative Victory For Virginia Gun Owners!
01/09/08  House: Prefiled and ordered printed; offered 01/09/08 080707740
01/09/08  House: Referred to Committee on Militia, Police and Public Safety
01/25/08  House: Stricken at request of Patron in Militia, Police and Public Safety (21-Y 1-N)
HB746       Patron: C. Charles Caputo  -  all patrons

Possession of firearms; child day center. Prohibits the possession of a firearm at a child day center. Violation of this section would be a Class 1 misdemeanor. The provisions of this section would not apply to a law-enforcement officer or security guard while in the performance of his official duties.



VCDL Comments
This bill bans guns in child day-care centers.

Another Legislative Victory For Virginia Gun Owners!
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 084470456
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
HB835       Patron: Brian J. Moran  -  all patrons

Mental incompetence; firearms. Provides that it is a Class 1 misdemeanor for a person who has been adjudicated incompetent to stand trial to purchase, possess, or transport any firearm. The bill also requires the court to send to the Central Criminal Records Exchange orders finding that a defendant is incompetent to stand trial and orders for involuntary treatment. This bill has been incorporated into HB 815.



VCDL Comments
This bill takes away the right to have a gun for anyone held to be incompetent to stand trial. VCDL could support this bill, but it slips in wording about "involuntary treatment" (outpatient) being a disqualifier for gun ownership. A non-starter.

Another Legislative Victory For Virginia Gun Owners!
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 084650824
01/08/08  House: Referred to Committee for Courts of Justice
01/16/08  House: Assigned Courts sub: Mental Health
01/25/08  House: Referred from Courts of Justice by voice vote
01/25/08  House: Referred to Committee on Militia, Police and Public Safety
02/01/08  House: Referred from Militia, Police and Public Safety by voice vote
02/01/08  House: Referred to Committee for Courts of Justice
02/08/08  House: Incorporated by Courts of Justice (HB815-Albo) by voice vote
HB1338       Patron: William K. Barlow  -  all patrons

Crimes; brandishing a firearm etc. Increases from a Class 1 misdemeanor to a Class 6 felony the brandishing of any firearm or any air or gas operated weapon or any object similar in appearance.



VCDL Comments
This bill makes brandishing a firearm a FELONY.

Another Legislative Victory For Virginia Gun Owners!
01/09/08  House: Prefiled and ordered printed; offered 01/09/08 081103428
01/09/08  House: Referred to Committee for Courts of Justice
01/16/08  House: Assigned Courts sub: Criminal
01/28/08  House: Continued to 2009 in Courts of Justice by voice vote
HR9       Patron: Lionell Spruill, Sr.  -  all patrons

Rules of the House of Delegates changes. Amends and readopts Rule 84 of the Rules of the House of Delegates and adds Rule 85, pertaining to the General Assembly Building and the State Capitol. As amended, Rule 84 provides that only law-enforcement officers on official duty may enter the Hall of the House of Delegates, the House Gallery, House meeting rooms in the State Capitol, or areas assigned to the House of Delegates in the General Assembly Building with a firearm. Technical amendments provide for the renumbering of the Rules numerically.



VCDL Comments
This bill makes it illegal for anyone but a police officer on official duty to carry a firearm in House controlled parts of the General Assembly. A solution looking for a problem.

Another Legislative Victory For Virginia Gun Owners!
01/15/08  House: Presented, ordered printed, and laid on Speaker's table 084204740
01/23/08  House: Taken up for immediate consideration
01/23/08  House: Rejected by House (18-Y 77-N)
01/23/08  House: VOTE: --- REJECTED (18-Y 77-N)
HB899       Patron: James M. Scott  -  all patrons

Sale of firearms; microstamping. Requires that all semiautomatic handguns sold or transferred after January 1, 2010, be equipped with technology that etches a microscopic array of characters identifying the make, model, and serial number of the handgun on the cartridge case when the handgun is fired. A violation of this requirement is a Class 1 misdemeanor.



VCDL Comments
This bill duplicates California's microstamping law for firearms made after 2010. Yes, let's become California lite, Delegate Scott.

Another Legislative Victory For Virginia Gun Owners!
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 085909720
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
SB109       Patron: Henry L. Marsh III  -  all patrons

Transfer of firearms; criminal records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check.



VCDL Comments
This bill requires private sales at gun shows go through dealers (referred to by anti gunners erroneously as "closing the gun show loophole").

Another Legislative Victory For Virginia Gun Owners!
01/03/08  Senate: Prefiled and ordered printed; offered 01/09/08 072707264
01/03/08  Senate: Referred to Committee for Courts of Justice
01/23/08  Senate: Rereferred by letter to the Crime Commission
01/23/08  Senate: Subject matter referred by letter to Crime Commission pursuant to Senate Rule 20 (L)
01/23/08  Senate: Failed to report (defeated) in Courts of Justice (6-Y 9-N)
HB281       Patron: David J. Toscano  -  all patrons

Protective orders; possession of firearms. Prohibits a person subject to a protective order from possessing a firearm. Currently, persons subject to such orders are prohibiting from purchasing and transporting firearms.



VCDL Comments
This bill makes it so a person who has a protective order against them CANNOT HAVE A GUN IN THEIR OWN HOME!!! So your spouse gets a protective order and you are left totally helpless. Heck, your spouse can now come over and murder you knowing that you are unarmed.

Another Legislative Victory For Virginia Gun Owners!
01/02/08  House: Prefiled and ordered printed; offered 01/09/08 085927752
01/02/08  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
HB741       Patron: C. Charles Caputo  -  all patrons

Involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records Exchange. Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This bill codifies Executive Order 50 (2007). This bill has been incorporated into HB 815.



VCDL Comments
This bill bans someone who has been involuntarily committed to inpatient or **outpatient** mental health facilities to be banned from purchasing, possessing, or transporting a gun FOREVER.

Another Legislative Victory For Virginia Gun Owners!
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 084479456
01/08/08  House: Referred to Committee for Courts of Justice
01/16/08  House: Assigned Courts sub: Mental Health
01/25/08  House: Incorporated by Courts of Justice (HB815-Albo) by voice vote
HB734       Patron: C. Charles Caputo  -  all patrons

Possession of firearms; public libraries; penalty. Prohibits the possession of a firearm at a state, regional, or local public library. Violation of this section would be a Class 1 misdemeanor. The provisions of this section would not apply to a law-enforcement officer or security guard while in the performance of his official duties.



VCDL Comments
This bill bans guns in libraries.

Another Legislative Victory For Virginia Gun Owners!
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 088007456
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
HB745       Patron: C. Charles Caputo  -  all patrons

Transfer of firearms; criminal records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check. This bill incorporates HB 592.



VCDL Comments
This bill requires that private sales at gun shows must have a background check (the infamous, but imaginary, "gun show loophole").

Another Legislative Victory For Virginia Gun Owners!
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 084474456
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
01/18/08  House: Passed by indefinitely in Militia, Police and Public Safety (15-Y 7-N)
HB1517       Patron: Dave W. Marsden  -  all patrons

Temporary detention orders; voluntary and involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records Exchange. Prohibits a person who is the subject of a temporary detention order and subsequently agrees to voluntary admission to a mental health facility from purchasing or possessing a firearm. The bill also clarifies existing law that prohibits a person who has been involuntarily committed to inpatient treatment or who is ordered to involuntary outpatient treatment from purchasing or possessing a firearm. This bill has been incorporated into HB 815.



VCDL Comments
This bill creates a lifetime ban on firearms for someone involuntarily committed for in patient or outpatient treatment. As written, a person.s right to own a gun can be restored after being released from commitment if the judge, at his sole discretion and for good cause shown, decides to do so. That is backwards. The bill should require the judge to restore a person.s gun rights unless the government can show those rights should not be restored.

Another Legislative Victory For Virginia Gun Owners!
01/18/08  House: Presented and ordered printed 081464608
01/18/08  House: Referred to Committee for Courts of Justice
02/01/08  House: Incorporated by Courts of Justice (HB815-Albo) by voice vote
HB435       Patron: Jackson H. Miller  -  all patrons

Failure to identify oneself to a law-enforcement officer; penalty. Provides that any person who while in a public place or a place open to the public refuses to identify himself at the request of a law-enforcement officer in uniform or a properly identified police officer, when the surrounding circumstances reasonably require that public safety requires such identification, is guilty of a Class 1 misdemeanor.



VCDL Comments
This bill **requires** you to identify yourself to law-enforcement in a public place. This would give police officers more opportunities to harass law-abiding gun owners over carrying a gun.

Another Legislative Victory For Virginia Gun Owners!
01/04/08  House: Prefiled and ordered printed; offered 01/09/08 080311640
01/04/08  House: Referred to Committee for Courts of Justice
02/12/08  House: Left in Courts of Justice
HB436       Patron: Jackson H. Miller  -  all patrons

Misdemeanor arrest or summons at discretion of law-enforcement officer. Gives a law-enforcement officer the choice of issuing a summons and releasing the person or arresting him for Class 1 and 2 misdemeanors. Under current law, the law-enforcement officer must release the person on a summons for most Class 1 and 2 misdemeanors unless the person fails to stop the unlawful act or indicates that he will not appear as directed in the summons. The bill also requires the officer to arrest the person if he fails to stop the unlawful act; currently arrest is discretionary when the person fails to stop the unlawful act.



VCDL Comments
This bill allows a police officer to arrest a person for any class 1 or class 2 misdemeanor *at will* instead of requiring the officer provide a summons and only arrest under certain specific circumstances. Vindictive police officers would have made sure that Chet Szymecki spent the weekend in jail if this bill had been law in 2006.

Another Legislative Victory For Virginia Gun Owners!
01/04/08  House: Prefiled and ordered printed; offered 01/09/08 081015640
01/04/08  House: Referred to Committee for Courts of Justice
01/16/08  House: Assigned Courts sub: Criminal
02/04/08  House: Reported from Courts of Justice (19-Y 2-N)
02/04/08  House: Referred to Committee on Appropriations
02/06/08  House: Assigned App. sub: Public Safety (Sherwood)
02/08/08  House: Reported from Appropriations (24-Y 0-N)
02/09/08  House: Read first time
02/11/08  House: Read second time and engrossed
02/12/08  House: Read third time and passed House (87-Y 12-N)
02/12/08  House: VOTE: --- PASSAGE (87-Y 12-N)
02/12/08  House: Communicated to Senate
02/13/08  Senate: Constitutional reading dispensed
02/13/08  Senate: Referred to Committee for Courts of Justice
02/14/08  Senate: Assigned Courts sub: Criminal
03/03/08  Senate: Left in Courts of Justice (15-Y 0-N)
SB33       Patron: Mamie Locke  -  all patrons

Control of firearms; outdoor theaters, cabarets, carnivals, and fairs. Provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof at outdoor theaters, cabarets, carnivals, and fairs at which 500 or more persons are authorized to lawfully attend.





Another Legislative Victory For Virginia Gun Owners!
12/19/07  Senate: Prefiled and ordered printed; offered 01/09/08 087890256
12/19/07  Senate: Referred to Committee on Local Government
01/22/08  Senate: Failed to report (defeated) in Local Government (5-Y 10-N)
SB32       Patron: Mamie Locke  -  all patrons

Control of firearms; libraries. Provides that localities may adopt an ordinance that prohibits firearms, ammunition, or components or combinations thereof in libraries that are owned or operated by the locality.





Another Legislative Victory For Virginia Gun Owners!
12/19/07  Senate: Prefiled and ordered printed; offered 01/09/08 087888256
12/19/07  Senate: Referred to Committee on Local Government
01/22/08  Senate: Failed to report (defeated) in Local Government (5-Y 10-N)
HB588       Patron: Dave W. Marsden  -  all patrons

Concealed weapons; pneumatic guns; penalty. Prohibits the carrying of concealed pneumatic guns.



VCDL Comments
THis bill makes BB guns fall under concealed weapons. BB guns were removed from this category just a few years ago.

Another Legislative Victory For Virginia Gun Owners!
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 085919608
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
SB300       Patron: Mary Margaret Whipple  -  all patrons

Dangerous weapons in government facilities. Provides that the governing body of any locality may, by ordinance, make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any facility that is owned or leased by that locality and used by it for governmental purposes.



VCDL Comments
This bill allows localities to ban guns in government facilities. Exception for CHP holders and police.

Another Legislative Victory For Virginia Gun Owners!
01/08/08  Senate: Prefiled and ordered printed; offered 01/09/08 088287324
01/08/08  Senate: Referred to Committee on Local Government
01/22/08  Senate: Failed to report (defeated) in Local Government (5-Y 10-N)
HB608       Patron: Albert C. Eisenberg  -  all patrons

Protective orders; possession of firearms; penalty. Prohibits a person subject to a protective order from possessing a firearm.



VCDL Comments
This bill takes away the right of someone to protect themselves in their own home with a firearm if they have a protective order issued against them.

Another Legislative Victory For Virginia Gun Owners!
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 085962496
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
HB932       Patron: C. Todd Gilbert  -  all patrons

Reckless handling of firearms; penalty. Provides a Class 6 felony if the reckless handling of a firearm unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment.



VCDL Comments
This bill makes it a felony if someone handles a firearm in a gross, wanton and culpable manner and that such behavior leads to the serious bodily injury of another with PERMANENT and SIGNIFICANT physical impairment, such as being paralyzed for life.
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 087006516
01/08/08  House: Referred to Committee for Courts of Justice
01/16/08  House: Assigned Courts sub: Criminal
02/01/08  House: Reported from Courts of Justice with substitute (20-Y 2-N)
02/01/08  House: Referred to Committee on Appropriations
02/04/08  House: Committee substitute printed 080844516-H1
02/05/08  House: Assigned App. sub: Public Safety (Sherwood)
02/12/08  House: Left in Appropriations
HB1292       Patron: Clifford L. Athey, Jr.  -  all patrons

Possession of concealed weapons in vehicles. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is locked in a container or compartment.



VCDL Comments
This bill allows a person to have a concealed handgun in a vehicle or vessel if the handgun is in a LOCKED container or compartment in the vehicle or vessel. This should not affect open carry of a gun in a vehicle, but would allow a loaded gun to be in the vehicle if it is in a locked glove box, console, or other container. It has no restrictions on where you are going to or coming from.
01/09/08  House: Prefiled and ordered printed; offered 01/09/08 085931420
01/09/08  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
HB982       Patron: David A. Nutter  -  all patrons

Concealed handgun permits; access to permittee information. Protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network. However, the information would still be available to law-enforcement agencies, officers, and agents in the course of law-enforcement duties, and non-identifying statistical information would be available to the general public. The bill also prohibits a clerk of court from disseminating any personal identifiable information, such as address, phone, number, or social security number, but allows the clerk, in his discretion, to make available the names of persons issued concealed handgun permits by the court. This bill incorporates HB 370, HB 653, and HB 843.



VCDL Comments
This bill protects the CHP list from being disseminated.
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 085936660
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
02/01/08  House: Committee substitute printed 085987660-H1
02/01/08  House: Reported from Militia, Police and Public Safety with substitute (22-Y 0-N)
02/04/08  House: Read first time
02/05/08  House: Passed by for the day
02/06/08  House: Passed by for the day
02/07/08  House: Read second time
02/07/08  House: Committee substitute agreed to 085987660-H1
02/07/08  House: Amendment by Delegate Ware, R.L. agreed to
02/07/08  House: Engrossed by House - committee substitute with amendment HB982EH1
02/07/08  House: Printed as engrossed 085987660-EH1
02/08/08  House: Read third time and passed House (97-Y 0-N)
02/08/08  House: VOTE: --- PASSAGE (97-Y 0-N)
02/08/08  House: Reconsideration of passage agreed to by House
02/08/08  House: Passed House (97-Y 1-N)
02/08/08  House: VOTE: --- PASSAGE #2 (97-Y 1-N)
02/08/08  House: Communicated to Senate
02/11/08  Senate: Constitutional reading dispensed
02/11/08  Senate: Referred to Committee for Courts of Justice
02/25/08  Senate: Continued to 2009 in Courts of Justice (8-Y 7-N)
HB815       Patron: David B. Albo  -  all patrons

Mental health treatment; report to CCRE; restoration of rights to possess firearms. Codifies Executive Order 50, requiring information regarding involuntary admission to a facility or for mandatory outpatient treatment be forwarded to the Central Criminal Records Exchange for purposes of determining an individual's eligibility to possess, purchase, or transfer a firearm.



VCDL Comments
This bill improves current law, allowing for better rights restoration, and requires due process before rights are lost.
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 081441432
01/08/08  House: Referred to Committee for Courts of Justice
01/16/08  House: Assigned Courts sub: Mental Health
01/25/08  House: Reported from Courts of Justice with substitute (22-Y 0-N)
01/28/08  House: Committee substitute printed 081474432-H1
01/29/08  House: Read first time
01/30/08  House: Motion to rerefer to committee agreed to
01/30/08  House: Rereferred to Courts of Justice
02/08/08  House: Reported from Courts of Justice with substitute (22-Y 0-N)
02/09/08  House: Committee substitute printed 086008520-H2
02/09/08  House: Read first time
02/11/08  House: Read second time
02/11/08  House: Committee substitute #1 from Courts of Justice rejected 081474432-H1
02/11/08  House: Committee substitute #2 from Courts of Justice agreed to 086008520-H2
02/11/08  House: Engrossed by House - committee substitute HB815H2
02/12/08  House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/12/08  House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/12/08  House: Communicated to Senate
02/13/08  Senate: Constitutional reading dispensed
02/13/08  Senate: Referred to Committee for Courts of Justice
02/14/08  Senate: Assigned Courts sub: Special on Proposed Mental Health Legislation
02/28/08  Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
02/29/08  Senate: Committee substitute printed 089605228-S1
03/03/08  Senate: Constitutional reading dispensed (40-Y 0-N)
03/04/08  Senate: Read third time
03/04/08  Senate: Reading of substitute waived
03/04/08  Senate: Committee substitute agreed to 089605228-S1
03/04/08  Senate: Engrossed by Senate - committee substitute HB815S1
03/04/08  Senate: Passed Senate with substitute (40-Y 0-N)
03/05/08  House: Placed on Calendar
03/05/08  House: Senate substitute rejected by House (2-Y 95-N)
03/05/08  House: VOTE: --- REJECTED (2-Y 95-N)
03/06/08  Senate: Senate insisted on substitute (40-Y 0-N)
03/06/08  Senate: Senate requested conference committee
03/06/08  House: House acceded to request
03/06/08  House: Conferees appointed by House
03/06/08  House: Delegates: Albo, Miller, J.H., Toscano
03/06/08  Senate: Conferees appointed by Senate
03/06/08  Senate: Senators: Edwards, McDougle, Smith
03/08/08  House: Conference substitute printed 086028404-H3
03/08/08  House: Conference report agreed to by House (100-Y 0-N)
03/08/08  House: VOTE: --- ADOPTION (100-Y 0-N)
03/08/08  Senate: Reading of conference report waived
03/08/08  Senate: Conference report agreed to by Senate (40-Y 0-N)
03/24/08  House: Enrolled
03/24/08  House: Bill text as passed House and Senate (HB815ER)
03/24/08  House: Signed by Speaker
03/26/08  Senate: Signed by President
04/02/08  Governor: Approved by Governor-Chapter 788 (effective 7/1/08)
04/14/08  Governor: Acts of Assembly Chapter text (CHAP0788)
HB424       Patron: Robert G. Marshall  -  all patrons

Possession of concealed handguns by faculty members at state institutions of higher education. Allows full-time faculty members of state institutions of higher education who possess a valid Virginia concealed handgun permit to carry a concealed handgun on campus.



VCDL Comments
This bill allows full-time faculty members of universities and colleges to carry concealed with a permit. VCDL supports this bill, but we don't strongly support it because it is not comprehensive enough - a baby step in the right direction. We are looking forward to more comprehensive bills that address this issue.
01/04/08  House: Prefiled and ordered printed; offered 01/09/08 085912616
01/04/08  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
SB332       Patron: Ken T. Cuccinelli, II  -  all patrons

Concealed handgun permits; access to personal information of permittees. Allows an applicant for a concealed handgun permit to request that personal information regarding the permittee be withheld from public disclosure in response to a Freedom of Information Act request. The bill contains an emergency clause. For 90 days after the effective date of the act, the bill would require that no personal information about a concealed handgun applicant or permittee be released in response to a Freedom of Information Act request, so as to allow current concealed handgun permittees the opportunity to request that their personal information be withheld.



VCDL Comments
This bill withholds CHP information from disclosure if requested by applicant. VCDL is NEUTRAL on this bill in favor of HB 982.
01/08/08  Senate: Prefiled and ordered printed; offered 01/09/08 085955216
01/08/08  Senate: Referred to Committee for Courts of Justice
02/13/08  Senate: Left in Courts of Justice
HB1088       Patron: Mark D. Sickles  -  all patrons

Department of Game and Inland Fisheries; disclosure of official records; exceptions. Provides that records of the Department shall be subject to the disclosure provisions of the Freedom of Information Act, except that the social security number of individual applicants for or holders of any hunting, fishing, boating, or trapping license issued by an agent of the Department shall be withheld from public disclosure. The bill provides, however, that such information may be released (i) in accordance with a proper judicial order or (ii) to any law-enforcement agency, officer, or authorized agent thereof acting in the performance of official law-enforcement duties.



VCDL Comments
This bill provides a FOIA exemption for SSNs disclosed to get hunting, fishing, and boating related licenses /registrations. Right now FOIA requires DGIF to give out SSNs to anyone who asks for them.
01/09/08  House: Prefiled and ordered printed; offered 01/09/08 081773736
01/09/08  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/23/08  House: Referred from Agriculture, Chesapeake and Natural Resources by voice vote
01/23/08  House: Referred to Committee on General Laws
01/28/08  House: Assigned GL sub: FOIA
02/12/08  House: Left in General Laws
HB1055       Patron: James M. Scott  -  all patrons

Possession of firearms by certain persons who have had parental rights terminated; penalty. Prohibits a person who has had his parental rights terminated based upon a finding of aggravated circumstances from purchasing, possessing, or transporting a firearm. The bill defines aggravated circumstances as torture, chronic or severe abuse, or chronic or severe sexual abuse of a child of the parent or a child with whom the parent resided at the time such conduct occurred. A violation of this section would be a Class 1 misdemeanor.



VCDL Comments
This bill takes away the right to purchase, possess, or transport a firearm for persons who have had their parental rights terminated - permanently. Since the children have been removed from the person's household permanently, the purpose of terminating the person's gun rights is what, exactly? Jim Scott has a hobby of looking for any excuse to take guns out of everybody's hands, one step at a time. He picks at the fringes to increase his odds of getting something.

Another Legislative Victory For Virginia Gun Owners!
01/09/08  House: Prefiled and ordered printed; offered 01/09/08 085911720
01/09/08  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
HB169       Patron: David B. Albo  -  all patrons

Concealed weapons; box cutters; penalty. Adds box cutters to the list of weapons that are prohibited from being carried concealed.



VCDL Comments
This bill adds box cutters to the list of concealed weapons. No, I'm not pulling your leg. So if you drop a box cutter in your pocket or place something over it or put it in a drawer, that is an illegal concealed weapon. And carry it on school property, say in your glove box, and you are in serious trouble. Needless to say, VCDL strongly opposes this bill.

Another Legislative Victory For Virginia Gun Owners!
12/26/07  House: Prefiled and ordered printed; offered 01/09/08 087833404
12/26/07  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
HB1328       Patron: Christopher K. Peace  -  all patrons

Stalking; enhanced penalties. Provides that any person who commits a second or subsequent offense of stalking occurring within five years of a conviction of a prior offense is guilty of a Class 6 felony. Currently, the Class 6 felony applies for a third or subsequent offense. The bill also provides that any person who commits an offense of stalking when, at the time of the offense, there is in effect any court order prohibiting contact between the defendant and the victim or the victim's family or household member is guilty of a Class 6 felony. HB 335 is incorporated into this bill.



VCDL Comments
This bill says on the second conviction for stalking the charge becomes a FELONY. It is also a FELONY if on the first offense of stalking there is a protection order issued. Again, this could lead to a felony charge for inadvertently running into your spouse while shopping. She can swear you were stalking her and, boom, you are a felon.

Another Legislative Victory For Virginia Gun Owners!
01/09/08  House: Prefiled and ordered printed; offered 01/09/08 088767676
01/09/08  House: Referred to Committee for Courts of Justice
01/16/08  House: Assigned Courts sub: Criminal
02/01/08  House: Reported from Courts of Justice with substitute (22-Y 0-N)
02/01/08  House: Referred to Committee on Appropriations
02/04/08  House: Committee substitute printed 080835676-H1
02/05/08  House: Assigned App. sub: Public Safety (Sherwood)
02/12/08  House: Left in Appropriations
HB810       Patron: Jeion A. Ward  -  all patrons

Machine gun registration. Requires the Superintendent of State Police to be notified in writing within 24 hours of the change of address of a person who has registered a machine gun or of a change in the permanent physical location of a machine gun.



VCDL Comments
This bill requires the State Police to be notified with 24 hours if a machine gun is permanently at a new address. Just one more unneeded law to trip up a law-abiding citizen. We think the machine gun registration with the State Police needs to be abolished, not enhanced.

Another Legislative Victory For Virginia Gun Owners!
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 084634824
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
HB814       Patron: Jeion A. Ward  -  all patrons

Information in protective orders. Provides that protective orders of all types shall include information on whether or not the respondent possesses a firearm.



VCDL Comments
This bill wants questions about firearm ownership to be asked of protective order respondents. Gun owners are yet again vilified with no gain on preventing crime.

Another Legislative Victory For Virginia Gun Owners!
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 088482768
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
HB653       Patron: Thomas C. Wright, Jr.  -  all patrons

Concealed handgun permit applications; access to personal information. Prohibits a clerk of a circuit court and the Department of State Police from disseminating to the public any personal identifying information contained on an application for a concealed handgun permit or a court order issuing a permit. This bill was incorporated into HB 982.



VCDL Comments
This bill makes CHP information so that it cannot be released. VCDL IS neutral on this bill, pending a better bill that we believe is coming.
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 085957796
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
02/01/08  House: Incorporated by Militia, Police and Public Safety (HB982-Nutter) by voice vote
HB1168       Patron: Albert C. Eisenberg  -  all patrons

Temporary detention orders; voluntary and involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records Exchange. Prohibits a person who is the subject of a temporary detention order and subsequently agrees to voluntary admission to a mental health facility from purchasing or possessing a firearm. The bill also clarifies existing law that prohibits a person who has been involuntarily committed to inpatient treatment or who is ordered to involuntary outpatient treatment from purchasing or possessing a firearm. This bill has been incorporated into HB 815.




01/09/08  House: Prefiled and ordered printed; offered 01/09/08 088220496
01/09/08  House: Referred to Committee on Militia, Police and Public Safety
01/23/08  House: Referred from Militia, Police and Public Safety by voice vote
01/23/08  House: Referred to Committee for Courts of Justice
01/25/08  House: Incorporated by Courts of Justice (HB815-Albo) by voice vote
HB1475       Patron: Albert C. Eisenberg  -  all patrons

Involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records Exchange. Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This bill codifies Executive Order 50 (2007). This bill has been incorporated into HB 815.




01/16/08  House: Presented and ordered printed 085970496
01/16/08  House: Referred to Committee for Courts of Justice
01/18/08  House: Assigned Courts sub: Mental Health
01/25/08  House: Incorporated by Courts of Justice (HB815-Albo) by voice vote
HB335       Patron: Jennifer L. McClellan  -  all patrons

Stalking; enhanced penalties. Provides that any person who commits a second or subsequent offense of stalking occurring within five years of a conviction of a prior offense is guilty of a Class 6 felony. Currently, the Class 6 felony applies for a third or subsequent offense. The bill also provides that any person who commits an offense of stalking when, at the time of the offense, there is in effect any court order prohibiting contact between the defendant and the victim or the victim's family or household member is guilty of a Class 6 felony. This bill is incorporated into HB 1328.




01/04/08  House: Prefiled and ordered printed; offered 01/09/08 081149624
01/04/08  House: Referred to Committee for Courts of Justice
01/10/08  House: Assigned Courts sub: Criminal
01/28/08  House: Incorporated by Courts of Justice (HB1328-Peace) by voice vote
HB1054       Patron: James M. Scott  -  all patrons

Involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records Exchange. Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This bill codifies Executive Order 50 (2007). This bill has been incorporated into HB 815.




01/09/08  House: Prefiled and ordered printed; offered 01/09/08 085917720
01/09/08  House: Referred to Committee on Militia, Police and Public Safety
01/25/08  House: Referred from Militia, Police and Public Safety (22-Y 0-N)
01/25/08  House: Referred to Committee for Courts of Justice
01/25/08  House: Incorporated by Courts of Justice (HB815-Albo) by voice vote
HB657       Patron: H. Morgan Griffith  -  all patrons

Purchase of firearms; reporting to Central Criminal Records Exchange. Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This portion of the bill codifies Executive Order 50 (2007). The bill also clarifies that clerks of court shall forward to the Central Criminal Records Exchange other orders affecting an individual's right to possess a firearm, such as if a person is acquitted by reason of insanity, is found incompetent to stand trial, or has the right to possess a firearm restored by a circuit court. This bill has been incorporated into HB 815.




01/08/08  House: Prefiled and ordered printed; offered 01/09/08 085966806
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
01/25/08  House: Referred from Militia, Police and Public Safety (22-Y 0-N)
01/25/08  House: Referred to Committee for Courts of Justice
01/25/08  House: Incorporated by Courts of Justice (HB815-Albo) by voice vote
HB843       Patron: Beverly J. Sherwood  -  all patrons

Concealed handgun permits; access to permittee information. Protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network. However, the information would still be available to law-enforcement agencies, officers, and agents in the course of law-enforcement duties, and nonidentifying statistical information would be available to the general public. The bill also requires a circuit court to withhold from public disclosure additional personal identifying information about the applicant, if the applicant has requested on the permit application that such information be withheld. The bill directs the Department of State Police to revise the application forms to notify the applicant of the right to request that information be withheld, and to develop procedures for current permit holders to request that information be withheld from public disclosure. This bill was incorporated into HB 982.



VCDL Comments
This bill withholds CHP information from disclosure if requested by applicant.
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 085956728
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
02/01/08  House: Incorporated by Militia, Police and Public Safety (HB982-Nutter) by voice vote
HB709       Patron: William R. Janis  -  all patrons

Purchase of firearms; consent form; mental health questions.  Requires that a person seeking to purchase a firearm from a firearms dealer answer questions on the state background check consent form concerning whether the applicant has ever been acquitted by reason of insanity, been adjudicated legally incompetent or mentally incapacitated, adjudicated an incapacitated person, or been involuntarily admitted to a facility or involuntarily ordered to outpatient mental health treatment. This bill is identical to SB 226.




01/08/08  House: Prefiled and ordered printed; offered 01/09/08 081415568
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
02/08/08  House: Reported from Militia, Police and Public Safety with amendment (22-Y 0-N)
02/09/08  House: Read first time
02/11/08  House: Read second time
02/11/08  House: Committee amendment agreed to
02/11/08  House: Speaker ruled amendment by Delegate Scott, J.M. not germane
02/11/08  House: Engrossed by House as amended HB709E
02/11/08  House: Printed as engrossed 081415568-E
02/12/08  House: Read third time and passed House (99-Y 0-N)
02/12/08  House: VOTE: --- PASSAGE (99-Y 0-N)
02/12/08  House: Communicated to Senate
02/13/08  Senate: Constitutional reading dispensed
02/13/08  Senate: Referred to Committee for Courts of Justice
02/14/08  Senate: Assigned Courts sub: Special on Proposed Mental Health Legislation
02/28/08  Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
02/29/08  Senate: Committee substitute printed 089608272-S1
03/03/08  Senate: Constitutional reading dispensed (40-Y 0-N)
03/04/08  Senate: Read third time
03/04/08  Senate: Reading of substitute waived
03/04/08  Senate: Committee substitute agreed to 089608272-S1
03/04/08  Senate: Engrossed by Senate - committee substitute HB709S1
03/04/08  Senate: Passed Senate with substitute (40-Y 0-N)
03/05/08  House: Placed on Calendar
03/05/08  House: Senate substitute rejected by House (1-Y 97-N)
03/05/08  House: VOTE: --- REJECTED (1-Y 97-N)
03/06/08  Senate: Senate insisted on substitute (40-Y 0-N)
03/06/08  Senate: Senate requested conference committee
03/06/08  House: House acceded to request
03/06/08  House: Conferees appointed by House
03/06/08  House: Delegates: Janis, Kilgore, Bowling
03/06/08  Senate: Conferees appointed by Senate
03/06/08  Senate: Senators: McDougle, Edwards, Quayle
03/07/08  House: Conference substitute printed 080541568-H1
03/08/08  House: Conference report agreed to by House (100-Y 0-N)
03/08/08  House: VOTE: --- ADOPTION (100-Y 0-N)
03/08/08  Senate: Reading of conference report waived
03/08/08  Senate: Conference report agreed to by Senate (40-Y 0-N)
03/24/08  House: Enrolled
03/24/08  House: Bill text as passed House and Senate (HB709ER)
03/24/08  House: Signed by Speaker
03/26/08  Senate: Signed by President
04/11/08  House: Governor's recommendation received by House
04/22/08  House: Placed on Calendar
04/23/08  House: House concurred in Governor's recommendation (96-Y 0-N)
04/23/08  House: VOTE: --- ADOPTION (96-Y 0-N)
04/23/08  Senate: Senate concurred in Governor's recommendation (39-Y 0-N)
04/23/08  Governor: Governor's recommendation adopted
04/23/08  House: Reenrolled
04/23/08  House: Reenrolled bill text (HB709ER2)
04/23/08  House: Signed by Speaker as reenrolled
04/23/08  Senate: Signed by President as reenrolled
04/23/08  Governor: Approved by Governor-Chapter 854 (effective 7/1/08)
04/23/08  Governor: Acts of Assembly Chapter text (CHAP0854)
SB231       Patron: Ryan T. McDougle  -  all patrons

Involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records Exchange. Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This bill codifies Executive Order 50 (2007). This bill has been incorporated into SB 216.




01/07/08  Senate: Prefiled and ordered printed; offered 01/09/08 085907272
01/07/08  Senate: Referred to Committee for Courts of Justice
01/21/08  Senate: Assigned Courts sub: Special on Proposed Mental Health Legislation
01/28/08  Senate: Incorporated by Courts of Justice (SB216-Edwards) (14-Y 0-N)
SB255       Patron: R. Creigh Deeds  -  all patrons

Involuntary mental health treatment; possession of firearms. Allows a judge or special justice who issues an order for involuntary admission to a facility or involuntary outpatient treatment to also order that any firearms be removed from the possession of the person subject to the order.



VCDL Comments
This bill says that a person involuntarily committed to inpatient treatment may order any guns the person possesses to be confiscated until such time as that person has his right to have guns restored. This seems like more of a clarification.
01/08/08  Senate: Prefiled and ordered printed; offered 01/09/08 088650220
01/08/08  Senate: Referred to Committee for Courts of Justice
01/21/08  Senate: Assigned Courts sub: Special on Proposed Mental Health Legislation
02/13/08  Senate: Left in Courts of Justice
HB592       Patron: Dave W. Marsden  -  all patrons

Transfer of firearms; criminal records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check. This bill was incorporated into HB 745.



VCDL Comments
This bill requires that private sales at gun shows must have a background check (the infamous, but imaginary, "gun show loophole").
01/08/08  House: Prefiled and ordered printed; offered 01/09/08 088116608
01/08/08  House: Referred to Committee on Militia, Police and Public Safety
01/18/08  House: Incorporated by Militia, Police and Public Safety (HB745-Caputo) by voice vote
HB535       Patron: Robert W. Mathieson -Elec 2008  -  all patrons

Involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records Exchange. Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This bill codifies Executive Order 50 (2007). This bill has been incorporated into HB 815.




01/07/08  House: Prefiled and ordered printed; offered 01/09/08 085930618
01/07/08  House: Referred to Committee on Militia, Police and Public Safety
01/25/08  House: Referred from Militia, Police and Public Safety (22-Y 0-N)
01/25/08  House: Referred to Committee for Courts of Justice
01/25/08  House: Incorporated by Courts of Justice (HB815-Albo) by voice vote
HB496       Patron: John A. Cosgrove  -  all patrons

Crimes; the definition of "predicate criminal act" under the Crimes by Gangs Act. Includes within the definition the shooting at certain vehicles (º 18.2-154) and the shooting within an occupied dwelling (º 18.2-279).




01/07/08  House: Prefiled and ordered printed; offered 01/09/08 086191472
01/07/08  House: Referred to Committee for Courts of Justice
01/16/08  House: Assigned Courts sub: Criminal
02/04/08  House: Reported from Courts of Justice with amendments (21-Y 0-N)
02/04/08  House: Referred to Committee on Appropriations
02/06/08  House: Assigned App. sub: Public Safety (Sherwood)
02/12/08  House: Left in Appropriations
HB370       Patron: Charles W. Carrico, Sr.  -  all patrons

Concealed handgun permit applications; access to personal information. Prohibits a clerk of a circuit court and the Department of State Police from disseminating to the public any personal identifying information contained on an application for a concealed handgun permit or a court order issuing a permit. This bill was incorporated into HB 982.



VCDL Comments
This bill protects the CHP list from being disseminated.
01/04/08  House: Prefiled and ordered printed; offered 01/09/08 085913460
01/04/08  House: Referred to Committee on Militia, Police and Public Safety
02/01/08  House: Incorporated by Militia, Police and Public Safety (HB982-Nutter) by voice vote
SB379       Patron: Stephen H. Martin  -  all patrons

Concealed weapons; box cutters; penalty. Adds box cutters to the list of weapons that are prohibited from being carried concealed and allows the court to exclude certain weapons from being prohibited if such item was carried for a legitimate occupational, recreational, or personal reason.



VCDL Comments
This bill adds box cutters to the list of concealed weapons, BUT it allows an exception for legitimate occupational, recreational, or personal reasons. That exception applies to machetes, switchblades, slingshots, blackjacks and other item. The problem is that currently it lets the exemption be determined only by a court. I have asked Senator Martin to drop the court requirement and to allow the police officer the discretion to determine if there is a valid exemption. As written, VCDL is NEUTRAL on this bill. If fixed as we suggest, we will switch to supporting the bill as an improvement of current law.
01/08/08  Senate: Prefiled and ordered printed; offered 01/09/08 081730268
01/08/08  Senate: Referred to Committee for Courts of Justice
01/10/08  Senate: Assigned Courts sub: Criminal
01/16/08  Senate: Passed by indefinitely in Courts of Justice (15-Y 0-N)
SB529       Patron: R. Edward Houck  -  all patrons

Concealed handgun permits; access to permittee information. Protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network. However, the information would still be available to law-enforcement agencies, officers, and agents in the course of law-enforcement duties, and non-identifying statistical information would be available to the general public. This bill is a recommendation of the Freedom of Information Advisory Council. This bill incorporates SB 730 and SB 759.



VCDL Comments
This bill withholds CHP information from disclosure. VCDL is NEUTRAL on this bill in favor of HB 982.
01/09/08  Senate: Prefiled and ordered printed; offered 01/09/08 085902740
01/09/08  Senate: Referred to Committee for Courts of Justice
02/04/08  Senate: Reported from Courts of Justice with substitute (13-Y 2-N)
02/04/08  Senate: Committee substitute printed 085989244-S1
02/05/08  Senate: Constitutional reading dispensed (39-Y 0-N)
02/06/08  Senate: Read second time
02/06/08  Senate: Reading of substitute waived
02/06/08  Senate: Committee substitute agreed to 085989244-S1
02/06/08  Senate: Reading of amendment waived
02/06/08  Senate: Amendment by Senator Cuccinelli rejected
02/06/08  Senate: Passed by for the day
02/07/08  Senate: Read second time
02/07/08  Senate: Passed by for the day
02/08/08  Senate: Read second time
02/08/08  Senate: Passed by for the day
02/11/08  Senate: Read second time
02/11/08  Senate: Motion to recommit to committee agreed to
02/11/08  Senate: Recommitted to Courts of Justice
02/11/08  Senate: Pursuant to Senate Rule 20 (f)
02/11/08  Senate: Continued to 2009 in Courts of Justice
02/11/08  Senate: Subject matter referred by letter to FOIA Council pursuant to Senate Rule 20 (L).
HB136       Patron: Christopher K. Peace  -  all patrons

Definition of "school" for the purposes of prohibiting weapons on school grounds. Defines "school" for the purposes of prohibiting weapons on school grounds as any public school from kindergarten through grade 12 operated under the authority of any locality within the Commonwealth, or any private or religious school that offers instruction at any level or grade from kindergarten through grade 12. Currently the definition is limited to any elementary, middle, or secondary school.



VCDL Comments
This bill clarifies the definition of K-12 schools in current law.
12/20/07  House: Prefiled and ordered printed; offered 01/09/08 087723676
12/20/07  House: Referred to Committee on Militia, Police and Public Safety
02/12/08  House: Left in Militia, Police and Public Safety
SB731       Patron: Ralph K. Smith  -  all patrons

Purchase of firearms; reporting to Central Criminal Records Exchange. Clarifies that orders for both involuntary inpatient and outpatient mental health treatment must be forwarded by the clerk of court to the Central Criminal Records Exchange, and that persons ordered to either involuntary inpatient or outpatient treatment are prohibited from purchasing, possessing, or transporting a firearm. This portion of the bill codifies Executive Order 50 (2007). The bill also clarifies that clerks of court shall forward to the Central Criminal Records Exchange other orders affecting an individual's right to possess a firearm, such as if a person is acquitted by reason of insanity, is found incompetent to stand trial, or has the right to possess a firearm restored by a circuit court. This bill has been incorporated into SB 216.




01/18/08  Senate: Presented and ordered printed 085979326
01/18/08  Senate: Referred to Committee for Courts of Justice
01/21/08  Senate: Assigned Courts sub: Special on Proposed Mental Health Legislation
01/28/08  Senate: Incorporated by Courts of Justice (SB216-Edwards) (14-Y 0-N)
SB759       Patron: Frank M. Ruff  -  all patrons

Concealed handgun permits; access to permittee information. Protects from public disclosure permittee names and descriptive information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network. However, the information would still be available to law-enforcement agencies, officers, and agents in the course of law-enforcement duties, and non-identifying statistical information would be available to the general public. This bill was incorporated into SB 529.



VCDL Comments
This bill protects the concealed handgun permit list from being disseminated. SB 730 is a better solution than SB 759, as it has provisions for bona fide non-profit gun organizations to get the list for educational or advocacy issues only.
01/18/08  Senate: Presented and ordered printed 088473320
01/18/08  Senate: Referred to Committee for Courts of Justice
02/04/08  Senate: Incorporated by Courts of Justice (SB529-Houck) (13-Y 0-N)