Purchase, possession, and transport of firearms following certain convictions; permit to restore rights; penalty. Prohibits a person who has been convicted of a misdemeanor violation of assault and battery of a family or household member from possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crime may petition the circuit court for a reinstatement of his right to possess or transport a firearm.

Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Prohibits any person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) from knowingly possessing a firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order such person may continue to possess such firearm for the purposes of selling or transferring it to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this provision is a Class 6 felony. The bill also provides that a court shall order a person subject to a permanent protective order to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency or sell or transfer any firearm possessed by such person to a dealer or to any person who is not otherwise prohibited by law from possessing such firearm and (ii) certify in writing that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that any person who fails to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms, as well as a process to return such surrendered firearms. The bill also makes it a Class 4 felony for any person to sell, barter, give, or furnish any firearm to any person he knows is prohibited from possessing or transporting a firearm who is the subject to a permanent protective order.

Possession of weapons; Capitol Square and legislative buildings; penalties. Prohibits the possession of a (i) firearm or other weapon designed or intended to propel a missile or projectile of any kind; (ii) frame, receiver, muffler, silencer, missile, projectile, or ammunition designed for use with a dangerous weapon; or (iii) other dangerous weapon, including explosives, stun weapons, or any weapon currently prohibited from being carried concealed while in (a) the Capitol of Virginia, (b) Capitol Square, (c) any other building owned or leased by the Commonwealth and used predominantly for the conduct of the business of the General Assembly, or (d) any other building where the General Assembly is meeting in session. The prohibition does not apply to law-enforcement officers, authorized security personnel, or active-duty military personnel in the performance of such person's lawful duties. A first offense is punishable as a Class 2 misdemeanor and a second or subsequent offense is punishable as a Class 1 misdemeanor.

Allowing access to firearms by minors; penalty. Provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor.

Purchase, possession, or transportation of firearms following two or more misdemeanor convictions for assault and battery of a family or household member; permit to restore rights; penalties. Prohibits a person who has been convicted of two or more misdemeanor assault and battery of a family or household member from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crimes may petition the circuit court for a reinstatement of his right to possess or transport a firearm.

Second Amendment sanctuary status; budgeting decisions. Prohibits the General Assembly and the executive branch of government from considering the Second Amendment sanctuary status of any locality in the Commonwealth in making any appropriation decisions.

Carrying loaded firearms in public while under the influence of alcohol or illegal drugs; penalties. Provides that it is a Class 1 misdemeanor for a person under the influence of alcohol or illegal drugs to carry a loaded firearm on or about his person in a public place and that a person found guilty of such act is ineligible to apply for a concealed handgun permit for a period of five years. Current law provides that such prohibition applies only to persons permitted to carry a concealed handgun.

Regulation of firearms by localities; workplace rules; limitation.

Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms.

Carrying a concealed handgun; permit not required. Allows any person who is otherwise eligible to obtain a resident concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.

Limitations on laws regarding the control of firearms. Provides that any law, executive order, administrative regulation, local ordinance, or court order shall be considered an unlawful infringement on the right of the people to keep and bear arms as guaranteed by Article I, Section 13 of the Constitution of Virginia and the Second Amendment to the Constitution of the United States if such law, order, regulation, ordinance, or order (i) imposes any tax, fee, or stamp on any firearm, ammunition, or firearm component; (ii) requires the registration of any firearm, ammunition, or firearm component; (iii) requires any person to register as an owner of a firearm, ammunition, or firearms component; (iv) prohibits any person from possessing, using, or transferring a firearm who is not prohibited from possessing a firearm; or (v) requires any person to surrender his firearm, ammunition, or firearm component who is not prohibited from possessing a firearm. The bill also provides that any person who knowingly deprives or attempts to deprive another person of such other person's right to keep and bear arms by enforcing any law, executive order, administrative regulation, local ordinance, or court order that unlawfully infringes on a person's right to keep and bear arms, even acting under the color of any state law, shall be liable for an unlawful deprivation of a person's constitutional rights and such injured person shall be entitled to damages, including punitive damages, and in the discretion of the court to an award of the cost of the litigation and reasonable attorney fees in an amount to be fixed by the court.

Firearm purchases; proof of demonstration of competence with a firearm. Provides that any person purchasing from a dealer a firearm shall demonstrate competence with a firearm as provided in the statute governing proof of demonstration of competence with a handgun for the purposes of obtaining a concealed handgun permit. The bill also prohibits a firearms dealer from selling, renting, trading, or transferring from his inventory any firearm to any person until he has been furnished with proof that the prospective has demonstrated competence with a firearm.

Transfer of firearms; criminal history record check delay; penalty. Increases from the end of the next business day to within five business days the time in which State Police must advise a dealer if its records indicate that a firearms buyer or transferee is prohibited from possessing or transporting a firearm and the time after which a dealer may complete the sale or transfer without a response from the State Police. The bill removes the option in current law that a dealer may immediately complete the sale or transfer if he is advised by the State Police that a response will not be available within the required timeframe.

Possession of ammunition on school property; penalty. Provides that a person is guilty of a Class 1 misdemeanor if he knowingly possesses ammunition for a firearm upon (i) the property of any public, private, or religious elementary, middle, or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (iii) any school bus owned or operated by any such school.

Transfer of multiple firearms; report to the Department of State Police. Requires any dealer who sells, trades, or transfers more than two firearms to an individual in a single transaction to report such transaction to the Department of State Police. The bill also provides that the State Police shall maintain multiple firearms transaction records for 12 months. Current law states that State Police shall maintain multiple handgun transaction records for 12 months.

Manufacture, import, sale, transfer, or possession of undetectable firearms; penalty. Creates a Class 5 felony for any person who manufactures, imports, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, defined in the bill, is not detectable as a firearm by the types of detection devices, including X-ray machines, commonly used at airports for security screening. The bill updates language regarding the types of detection devices that are used at airports for detecting plastic firearms.

Possession or transportation of firearms following convictions for certain misdemeanor crimes; restoration of rights; penalty. Prohibits a person who has been convicted of assault and battery when the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color, or national origin from possessing or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crimes may petition the circuit court for a reinstatement of his right to possess or transport a firearm.

Carrying or storing firearms in motor vehicles and vessels; exceptions; penalty. Provides that any person possessing or storing a firearm in a motor vehicle or vessel shall secure such firearm in a locked container, other than a glove box, that is not within the dominion and control of or readily accessible for prompt and immediate use by any person within the motor vehicle. The bill provides exceptions for law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit. A violation is punishable by a civil penalty not to exceed $2,500. The bill also removes the current exception for carrying a concealed weapon for any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel.

Carrying dangerous weapon to place of religious worship; repeal.

Carrying concealed handgun with a permit; employees of any agency of the Commonwealth or political subdivision thereof. Provides that, notwithstanding any other provision of law or any rule, regulation, or workplace policy to the contrary, an employee of any agency of the Commonwealth or a political subdivision thereof with a valid concealed handgun permit may possess or carry a concealed handgun at his workplace. The bill provides, however, that any agency of the Commonwealth or a political subdivision thereof may prohibit employees from possessing or carrying a concealed handgun at their workplace only if such agency of the Commonwealth or a political subdivision thereof has employed law-enforcement officers or armed security officers to provide protection at such workplace, and such officers are stationed within the workplace building during operating hours.

Carrying a concealed handgun; consumption of alcohol in a public park; penalty. Prohibits a person who carries a concealed handgun onto the premises of any public park or other public space when alcoholic beverages have been approved for sale or consumption therein from consuming an alcoholic beverage while on the premises. A violation of this provision is a Class 2 misdemeanor.

Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Provides that a court shall order a person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency or sell or transfer any firearm possessed by such person to a dealer or to any person who is not otherwise prohibited by law from possessing such firearm and (ii) certify in writing that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that any person who fails to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms, as well as a process to retrieve such surrendered firearms. The bill also makes it a Class 4 felony for any person to sell, barter, give, or furnish any firearm to any person he knows is prohibited from possessing or transporting a firearm who is the subject to a permanent protective order.

Public schools; firearm safety education program. Requires local school boards to provide firearm safety education programs for students in high school. The bill requires the Board of Education to establish curriculum guidelines for the program, in consultation with the Department of State Police, and requires that the program be taught by a school resource officer, other law-enforcement officer, or a United States Armed Forces instructor. The bill prohibits the use of firearms in the program. Current law allows local school boards to provide a firearm safety education program for students in the elementary grades and does not specify who may instruct such program.

Prohibiting sale, transport, etc., of assault firearms, certain firearm magazines, silencers, and trigger activators; penalties. Expands the definition of "assault firearm" and prohibits any person from importing, selling, transferring, manufacturing, purchasing, possessing, or transporting an assault firearm. A violation is a Class 6 felony. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory an assault firearm to any person. The bill also prohibits a person from carrying a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place; under existing law, this prohibition applies only in certain localities. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, possess, or transport large-capacity firearm magazines, silencers, and trigger activators, all defined in the bill. Any person who legally owns an assault firearm, large-capacity firearm magazine, silencer, or trigger activator on July 1, 2020, may retain possession until January 1, 2021. During that time, such person shall (i) render the assault firearm, large-capacity firearm magazine, silencer, or trigger activator inoperable; (ii) remove the assault firearm, large-capacity firearm magazine, silencer, or trigger activator from the Commonwealth; (iii) transfer the assault firearm, large-capacity firearm magazine, silencer, or trigger activator to a person outside the Commonwealth who is not prohibited from possessing it; or (iv) surrender the assault firearm, large-capacity firearm magazine, silencer, or trigger activator to a state or local law-enforcement agency.

The bill further states that any person who legally owns an assault firearm on July 1, 2020, may retain possession of such assault firearm after January 1, 2021, if such person has obtained a permit from the Department of State Police to possess an assault firearm in accordance with procedures established in the bill. A person issued such permit may possess an assault firearm only under the following conditions: (a) while in his home or on his property or while on the property of another who has provided prior permission, provided that the person has the landowner's written permission on his person while on such property; (b) while at a shooting range, shooting gallery, or other area designated for the purpose of target shooting or the target range of a public or private club or organization whose members have organized for the purpose of practicing shooting targets or competing in target shooting matches; (c) while engaged in lawful hunting; or (d) while surrendering the assault firearm to a state or local law-enforcement agency. A person issued such permit may also transport an assault firearm between any of those locations, provided that such assault firearm is unloaded and secured within a closed container while being transported. The bill also provides that failure to display the permit and a photo identification upon demand by a law-enforcement officer shall be punishable by a $25 civil penalty, which shall be paid into the state treasury. The bill also requires the Department of State Police to enter the name and description of a person issued a permit in the Virginia Criminal Information Network (VCIN) so that the permit's existence and current status will be made known to the law-enforcement personnel accessing VCIN for investigative purposes.

Gun Violence Awareness Day. Designates June 1, in 2020 and in each succeeding year, as Gun Violence Awareness Day in Virginia.

Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors of firearms to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person 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 buyback 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.

Trigger activators; prohibition; penalty. Prohibits the manufacture, importation, sale or offer to sell, possession, transfer, or transportation of a trigger activator, defined in the bill as (i) a device designed to be attached to a semi-automatic firearm, which allows the firearm to discharge two or more shots in a burst by activating the device, including a bump-fire device or a binary trigger, but does not convert the semi-automatic firearm into a machine gun or (ii) a manual or power-driven trigger activating device designed so that when attached to a semi-automatic firearm it increases the rate of fire of that firearm, including a trigger crank, but does not convert the semiautomatic firearm into a machine gun. A violation is punishable as a Class 6 felony.

Prohibiting sale, transport, etc., of assault firearms and certain firearm magazines; penalties. Expands the definition of "assault firearm" and prohibits any person from importing, selling, transferring, manufacturing, purchasing, possessing, or transporting an assault firearm. A violation is a Class 6 felony. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory an assault firearm to any person. The bill also prohibits a person from carrying a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place; under existing law, this prohibition applies only in certain localities. The bill makes it a Class 1 misdemeanor to import, sell, barter, or transfer any firearm magazine designed to hold more than 10 rounds of ammunition.

Firearms; criminal history record information checks; age requirement; penalty. Provides that a person must be at least 21 years old, or must be at least 18 years old by the effective date of the bill, to purchase a firearm. The bill requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors of firearms to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and transfers the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts certain transfers from the required background check. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony and that it is a Class 1 misdemeanor for any person knowingly to authorize a child under the age 18 to use a firearm except when the person is under the supervision of an adult. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor and it is a Class 1 misdemeanor for any person knowingly to authorize a child under the age 12 to use a firearm except when the person is under the supervision of an adult. The bill also raises the age from 18 to 21 for any person to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth.

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.

Concealed handgun permits; demonstration of competence. Removes the option for concealed handgun permit applicants to demonstrate competence with a handgun by completing an electronic, video, or online course conducted by a state-certified or National Rifle Association-certified firearms instructor. The bill does not affect any in-person means of satisfying the requirement to demonstrate competence with a handgun under current law.

Control of firearms by localities; permitted events. Authorizes any locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in a public space during a permitted event or an event that would otherwise require a permit. The bill contains technical amendments.

Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Provides that a court shall order a person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency, or sell or transfer any firearm possessed by such person to a dealer or to any person who is not otherwise prohibited by law from possessing such firearm, and (ii) certify in writing that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order. The bill provides that any person who fails to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms, as well as a process to return such surrendered firearms. The bill also makes it a Class 4 felony for any person to sell, barter, give, or furnish any firearm to any person he knows is prohibited from possessing or transporting a firearm who is the subject to a permanent protective order.

Purchase, possession, or transportation of firearms following conviction for assault and battery of a family or household member; permit to restore rights; penalties. Prohibits a person who has been convicted of stalking, sexual battery, or assault and battery of a family or household member from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. The bill provides for a process by which a person convicted of such crime may petition the circuit court for a reinstatement of his right to possess or transport a firearm and the factors a court shall consider in determining such reinstatement.

Control of firearms by localities. Grants localities authority to adopt or enforce an ordinance, resolution, or motion governing the possession, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof in the locality. Various provisions limiting such authority are repealed. Provisions limiting the authority of localities and state governmental entities to bring lawsuits against certain firearms manufacturers and others are also repealed.

The bill also changes from mandatory to optional the existing requirement that a locality adopting an ordinance regarding the disposition of certain acquired firearms offer for sale by public auction or sealed bids to a person licensed as a dealer any firearm received by the locality, and provides that if an individual surrendering a firearm requests in writing that the firearm be destroyed, such firearm shall be destroyed by the locality. This bill was incorporated into SB 35.

Carrying a concealed handgun; consumption of alcohol in a public park; penalty. Prohibits a person who carries a concealed handgun onto the premises of any public park or other public space when alcoholic beverages have been approved for sale or consumption therein from consuming an alcoholic beverage while on the premises. A violation of this provision is a Class 2 misdemeanor.

Allowing access to firearms by minors; penalty. Provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor.

Control of firearms by localities; local government buildings and parks. Authorizes a locality to adopt an ordinance prohibiting firearms, ammunition, or components or combination thereof in any building owned or used by such locality for governmental purposes and in public parks owned by the locality. The bill requires such ordinance to include a provision for security measures designed to reasonably prevent unauthorized access of such buildings or parks by a person with a firearm, ammunition, or components or combination thereof. The bill requires a locality to post notice of any such prohibition at all entrances of buildings used for governmental purposes and at the main entrances to public parks owned by this locality. This bill was incorporated into SB 35.

Involuntary commitment and restoration of firearm rights. Responds to the holding in Paugh v. Henrico Area Mental Health and Developmental Services, Record No. 121562 (2013), in which the Supreme Court of Virginia held that on appeal by trial de novo in circuit court of an order of involuntary commitment by a district court, upon the circuit court's finding that the appellant no longer meets the criteria for involuntary commitment, the proper remedy is dismissal of the Commonwealth's petition for involuntary commitment, thereby rendering the original commitment order a nullity. As such, because the original petition would in effect never have existed, forfeiture of the right to possess a firearm as required by § 18.2-308.1:3 upon involuntary commitment would no longer be in effect. Section 18.2-308.1:3 requires that a person who has been involuntarily committed and seeks to have his firearm rights restored petition a district court for restoration of his firearm rights. The ruling in Paugh, by requiring dismissal of the original petition for commitment, removes that requirement even though on the date of the original commitment hearing the person did meet the criteria for commitment and was, in fact, involuntarily committed. The bill provides that notwithstanding the outcome of any appeal (trial de novo on the petition for commitment) taken pursuant to § 37.2-821, the appellant shall be required to seek restoration of his firearm rights. The bill also provides that upon a finding by the circuit court that the appellant no longer meets the criteria for involuntary commitment or mandatory outpatient treatment, the court shall reverse the order of the district court but shall not dismiss the Commonwealth's petition. As a consequence of these changes, a person who is involuntarily committed would be required to petition for restoration of his firearm rights notwithstanding the reversal of the commitment order by a circuit court.

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.

Allowing access to firearms by minors; penalty. Provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 3 misdemeanor. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor.

Violation of protective order; armed with firearm or other deadly weapon; mandatory minimum sentence; penalty. Provides for a three-year mandatory minimum sentence to be served consecutively with any other sentence upon a conviction for violation of a protective order while knowingly armed with a firearm or other deadly weapon. Current law does not specify a mandatory minimum sentence.

Brandishing a firearm; law-enforcement officer; penalty. Provides for a six-month mandatory minimum sentence upon conviction of a person for pointing, holding, or brandishing a firearm or air-operated or gas-operated weapon or object similar in appearance at someone who the person knows or has reason to know is a law-enforcement officer in such manner as to reasonably induce fear in the mind of another.

Stolen firearms; penalties. Creates or enhances penalties for crimes related to larceny of a firearm or use of a stolen firearm during the commission of a felony. The bill provides that it is (i) a Class 3 felony with a five-year mandatory minimum sentence to commit larceny of a firearm with the intent to sell or distribute and (ii) a Class 5 felony with a two-year mandatory minimum sentence to sell or distribute, attempt to sell or distribute, or possess with the intent to sell or distribute a stolen firearm. The bill adds a one-year mandatory minimum sentence to the crime of receiving a stolen firearm, which is a Class 6 felony. Finally, the bill increases the mandatory minimum sentences for possession of a firearm during the commission of a felony, if such firearm was stolen, from three years to five years for a first offense and from five years to 10 years for a second or subsequent offense.

Discharging firearm; penalty. Imposes a mandatory minimum term of imprisonment of three years for violations of (i) maliciously discharging a firearm within or at an occupied building or dwelling house; (ii) willfully discharging a firearm within or at any school building, upon the buildings or grounds of any school, or upon any public property within 1,000 feet of the property line of a school; and (iii) intentionally discharging a firearm while in or on a motor vehicle so as to create risk of death or injury to another person. The bill also imposes a mandatory minimum term of imprisonment of one year for violations of (a) unlawfully, but not maliciously, discharging a firearm within or at an occupied building or dwelling house and (b) willfully discharging a firearm in a public place when such discharge results in bodily injury to another person. The bill imposes a mandatory minimum term of confinement in jail of 90 days for violations of willfully discharging a firearm in a public place when such discharge does not result in bodily injury to another person.

Possession, purchase, and transport of certain firearms in certain localities. Provides that a person may lawfully possess, purchase, or transport a firearm or firearms magazine that he would otherwise be lawfully permitted to possess, purchase, or transport on January 1, 2020, while he is in a locality that has adopted an ordinance, resolution, or motion that authorizes the possession, purchase, or transportation of such firearm or firearms magazine within such locality.