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 or 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.
Bill status
signed
all 5 stages cleared
Introduction
Nov 2019
Committee Review
Mar 2020
Senate Passage
Feb 2020
House of Delegates Passage
Feb 2020
Signed into Law
Apr 2020
Introduced Nov 22, 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
49
Key actions
16
Committee
13
Apr 10, 2020
Signed into law
Approved by Governor-Chapter 1112 (effective 7/1/20)
executive
Mar 7, 2020
Upper · Passed
Conference report agreed to by Senate (23-Y 17-N)
upper
Mar 5, 2020
Lower · Passed
Conference report agreed to by House (54-Y 46-N)
lower
Mar 5, 2020
Legislature · Passed
Amended by conference committee
legislature
Mar 3, 2020
Lower · Passed
House requested conference committee
lower
Feb 28, 2020
Upper · Passed
Passed by for the day
upper
Feb 26, 2020
Lower · Passed
Passed House with substitute (54-Y 46-N)
lower
Feb 26, 2020
Lower · Passed
Engrossed by House - committee substitute SB70H1
lower
Feb 26, 2020
Lower · Passed
Committee substitute agreed to 20108843D-H1
lower
Feb 21, 2020
Lower · Passed
Reported from Public Safety with substitute (13-Y 9-N)
lower
Feb 13, 2020
Committee
Referred to Committee on Public Safety
lower
Jan 16, 2020
Upper · Passed
Passed Senate (23-Y 17-N)
upper
Jan 16, 2020
Upper · Passed
Read third time and passed Senate (24-Y 16-N)
upper
Jan 15, 2020
Upper · Passed
Engrossed by Senate - committee substitute SB70S1
upper
Jan 15, 2020
Upper · Passed
Committee substitute agreed to (36-Y 4-N)
upper
Jan 13, 2020
Upper · Passed
Reported from Judiciary with substitute (9-Y 5-N)
upper
Jan 8, 2020
Upper · Passed
Moved from Courts of Justice to Judiciary due to a change of the committee name
upper
Nov 22, 2019
Committee
Referred to Committee on the Judiciary
upper
Nov 22, 2019
Introduced
Prefiled and ordered printed; offered 01/08/20 20101549D
upper
1 primary · 5 co-sponsors
Sponsors
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