Firearm transfers; criminal history record information checks, penalty.
Summary
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill also provides that a transferee who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buy-back or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm may be transferred. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and programs impacted by the bill. This bill incorporates HB 355.
Bill status
signed
all 5 stages cleared
Introduction
Nov 2019
Committee Review
Mar 2020
House of Delegates Passage
Jan 2020
Senate Passage
Feb 2020
Signed into Law
Apr 2020
Introduced Nov 18, 2019
Signed Apr 10, 2020
Floor votes
How they voted
This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
57
Key actions
17
Committee
15
Apr 10, 2020
Signed into law
Approved by Governor-Chapter 1111 (effective 7/1/20)
executive
Mar 7, 2020
Upper · Passed
Conference report agreed to by Senate (23-Y 16-N)
upper
Mar 5, 2020
Lower · Passed
Conference report agreed to by House (54-Y 44-N)
lower
Mar 5, 2020
Lower · Passed
Reconsideration of conference report agreed to by House
lower
Mar 5, 2020
Lower · Passed
Conference report agreed to by House (51-Y 45-N)
lower
Mar 5, 2020
Legislature · Passed
Amended by conference committee
legislature
Mar 2, 2020
Upper · Passed
Senate requested conference committee
upper
Feb 26, 2020
Upper · Passed
Passed Senate with substitute (23-Y 17-N)
upper
Feb 26, 2020
Upper · Passed
Engrossed by Senate - committee substitute HB2S1
upper
Feb 26, 2020
Upper · Passed
Committee substitute agreed to 20108950D-S1
upper
Feb 24, 2020
Upper · Passed
Reported from Judiciary with substitute (9-Y 5-N)
upper
Jan 31, 2020
Committee
Referred to Committee on the Judiciary
upper
Jan 30, 2020
Lower · Passed
Read third time and passed House (54-Y 46-N)
lower
Jan 29, 2020
Lower · Passed
Engrossed by House - committee substitute HB2H1
lower
Jan 29, 2020
Lower · Passed
Committee substitute reconsidered
lower
Jan 29, 2020
Lower · Passed
Committee substitute agreed to 20106617D-H1
lower
Jan 29, 2020
Lower · Passed
Passed by temporarily
lower
Jan 24, 2020
Lower · Passed
Reported from Public Safety with substitute (13-Y 9-N)
lower
Nov 18, 2019
Committee
Referred to Committee on Public Safety
lower
Nov 18, 2019
Introduced
Prefiled and ordered printed; offered 01/08/20 20101194D
lower
1 primary · 18 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Ken Plum
DDemocratic
Co
Alfonso Lopez
DDemocratic
Co
Barbara Favola
DDemocratic
Co
Betsy Carr
DDemocratic
Co
Cia Price
DDemocratic
Co
Dan Helmer
DDemocratic
Co
David Reid
DDemocratic
Co
Delores McQuinn
DDemocratic
Co
Eileen Filler-Corn
DDemocratic
Co
Ibraheem S. Samirah
DDemocratic
Co
Jennifer Boysko
DDemocratic
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