16103476D 
SENATE BILL NO. 323
Offered January 13, 2016
Prefiled January 8, 2016
A BILL to amend and reenact §18.2-308.1:4 of the Code of 
 Virginia, relating to transportation and possession of firearms; persons 
 subject to certain emergency protective orders; penalty.
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Patrons-- Favola and Howell; Delegates: Murphy and Simon
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia: 
 
 
1. That §18.2-308.1:4 of the Code of Virginia is amended and 
 reenacted as follows: 
 
 
§18.2-308.1:4. Purchase, possession, or transportation of 
 firearm by persons subject to protective orders; penalty. 
 
 
It is unlawful for any A. No person who is subject to 
 (i) a protective order entered pursuant to §16.1-253.1, 16.1-253.4, 
 16.1-278.2, 16.1-279.1, 19.2-152.8, 19.2-152.9, or 19.2-152.10; (ii) an order 
 issued pursuant to subsection B of §20-103; (iii) an order entered pursuant to 
 subsection E of §18.2-60.3; (iv) a preliminary protective order entered 
 pursuant to subsection F of §16.1-253 where a petition alleging abuse or 
 neglect has been filed; or (v) an order issued by a tribunal of another state, 
 the United States or any of its territories, possessions or commonwealths, or 
 the District of Columbia pursuant to a statute that is substantially similar to 
 those cited in clauses clause (i), (ii), (iii), or 
 (iv) to who has 
 been served with the protective order may purchase or 
 transport any firearm while the such order is in effect. Any 
 person with a concealed handgun permit shall be prohibited from carrying any 
 concealed firearm, and shall surrender his permit to the court entering the 
 order, for the duration of any protective order referred to herein.  
 
 
B. No person who is 
 subject to an emergency protective 
 order issued pursuant to the requirements of subsection C of §18.2-57.2 who has 
 been served with the protective order may physically possess a 
 firearm while in the residence of the alleged victim or transport a firearm 
 while such order is in effect. 
 
 
C. A violation of this section is a Class 1 misdemeanor. 
 
 
2. That the provisions of this act may result in a net 
 increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4, the 
 estimated amount of the necessary appropriation is $0 for periods of 
 imprisonment in state adult correctional facilities and cannot be determined 
 for periods of commitment to the custody of the Department of Juvenile Justice. 
 
 
 
 
 
  
 
 
 
 
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