Virginia 2024 Regular Session

Virginia Senate Bill SB258

Introduced
1/9/24  
Refer
1/9/24  
Report Pass
1/31/24  
Engrossed
2/5/24  
Engrossed
2/6/24  
Refer
2/13/24  
Refer
2/16/24  
Report Pass
2/23/24  
Enrolled
3/4/24  

Caption

Substantial risk orders or factors.

Impact

The implementation of SB258 is expected to enhance public safety by enabling quicker legal action against individuals deemed a risk regarding firearm possession. Moreover, it establishes a legal framework to assess risks associated with firearms and violence, aiming to prevent potential incidents before they occur. This could potentially harmonize Virginia's state laws with growing national concerns regarding gun violence and public safety protocols.

Summary

SB258 introduces significant amendments to Virginia's firearm regulation laws, focusing on the issuance of emergency substantial risk orders. This bill allows a judge to issue an emergency order preventing individuals identified as posing a substantial risk to themselves or others from purchasing, possessing, or transporting firearms. The provision requires relevant evidence, including recent acts of violence or threats, which the court must consider before issuing the order. The order can be enforced for up to 180 days, with provisions for extensions if necessary.

Sentiment

The sentiment towards SB258 is mixed, reflecting the deeply polarized views surrounding gun regulation in the United States. Supporters believe the bill is a crucial step towards responsible gun ownership and public safety, arguing that it empowers local law enforcement to take preventive action. Conversely, opponents raise concerns about civil liberties and the potential for misuse of such laws. Critics worry that the bill could lead to unwarranted seizures based on subjective interpretations of risk.

Contention

Notable points of contention include concerns from civil liberties advocates regarding due process rights for individuals subject to substantial risk orders. Critics argue that the criteria for issuing these orders may lead to arbitrary enforcement and potentially stigmatize individuals facing mental health issues. Additionally, discussions around the relationship between firearm seizure and individual rights highlight the ongoing debate regarding effective legislation vs. personal freedoms in the realm of public safety.

Companion Bills

No companion bills found.

Previously Filed As

VA SB1067

Substantial risk orders; substantial risk factors and considerations.

VA SB1174

Court-ordered treatment; expedited diversion in lieu of criminal adjudication.

VA HB2339

Court-ordered treatment; expedited diversion in lieu of criminal adjudication.

VA SB486

Protective orders; workplace violence.

VA SB1532

Protective orders; extensions and continuances, other monetary relief, penalty.

VA HB1897

Protective orders; extensions and continuances, other monetary relief, penalty.

VA HB1394

Firearms; removal from persons posing substantial risk, penalties.

VA SB1488

Firearms; removal from persons posing substantial risk, penalties.

VA SB895

Interlocutory decrees or orders, certain; appeals.

VA SB873

Family abuse protective orders; filing a petition on behalf of minors.

Similar Bills

VA SB1067

Substantial risk orders; substantial risk factors and considerations.

VA SB82

Concealed handgun permit; changes to a concealed weapons permit.

NJ A1102

Revises time period at which unit owners assume control of homeowners' associations.

NJ A1367

Revises time period at which unit owners assume control of homeowners' associations.

WV HB3379

Clarifying when the Department is to not make reasonable efforts to preserve a family.

VA HB2766

Protective orders; violation of child protective order, penalties.

VA HB1222

Driver's licenses; revocation, completion of specialty dockets.

VA SB718

Driver's licenses; revocation, completion of specialty dockets.