Author Topic: Virginia Red Flag Law  (Read 178 times)

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Online EdinVA

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Virginia Red Flag Law
« on: January 22, 2020, 07:26:20 AM »
This is not an article so if it needs to be moved, have at it... :)
The Virginia state Senate votes on SB240 soon, maybe today. 


Quote
SB  240 Firearms; removal from persons posing substantial risk of injury to himself, etc., penalties.  SUMMARY AS INTRODUCED:Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or any law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. If an emergency substantial risk order is issued, a judge or magistrate may issue a search warrant to remove firearms from such person. An emergency substantial risk order shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the order was issued within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, for a substantial risk order and with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the substantial risk order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of a substantial risk order is guilty of a Class 4 felony. The bill creates a computerized substantial risk order registry for the entry of orders issued pursuant to provisions in the bill.

http://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB240

Offline Elderberry

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Re: Virginia Red Flag Law
« Reply #1 on: January 22, 2020, 09:14:50 PM »
Virginia Senate passes ‘red flag’ gun confiscation bill; advances to House

American Military News by  Laura Widener 1/22/2020

https://americanmilitarynews.com/2020/01/virginia-senate-passes-red-flag-gun-confiscation-laws-bill-moves-to-house/

Quote
The Virginia state Senate passed a “red flag” gun confiscation bill on Wednesday afternoon – the latest of several gun bills at the helm of the Democratic legislature’s agenda.

After nearly an hour of final debates, state senators passed SB 240 in a vote of 21-19, and will now advance to the House, where it is also expected to pass the Democrat-controlled body.

If passed, authorities would be granted the power to confiscate guns from citizens deemed a danger to themselves or others.


Offline Smokin Joe

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Re: Virginia Red Flag Law
« Reply #2 on: January 22, 2020, 10:29:14 PM »
So who does the "deeming", what constitutes "substantial risk", will a bad day have people on your doorstep to take your stuff? Etc.

Still an illegal taking, an infringement of a fundamental Civil Right, and removal of property constituting an illegal taking, in the absence of due process and conviction of a crime.
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Online PeteS in CA

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Re: Virginia Red Flag Law
« Reply #3 on: January 23, 2020, 09:38:29 AM »
Can annoymorous stranger from a Western state file online for "an emergency substantial risk order" against every legislator who voted for it? Asking for a friend ...
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Online oldno7

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Re: Virginia Red Flag Law
« Reply #4 on: January 23, 2020, 01:11:28 PM »
And anyone who's face is recognized at the rally is now deemed a "substantial risk"


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