VirginiaHB932026 Regular SessionHouse

Firearms; transfers to another person from a prohibited person.

Sponsored By: Jen Kiggans - to resign 12/31 (Republican)

Became Law

Summary

Firearm transfers to another person from a prohibited person. Provides that a person who is prohibited from possessing a firearm because the person is subject to a protective order or has been convicted of an assault and battery of a family or household member may transfer a firearm owned by the prohibited person to any person who is not otherwise prohibited by law from possessing such firearm, provided that the person who is not otherwise prohibited by law from possessing such firearm is 21 years of age or older and does not reside with the person who is subject to the protective order. Under current law, there is no requirement that a transferee cannot be younger than 21 years of age and cannot reside with the prohibited person. The bill also provides that the prohibited person who transfers, sells, or surrenders a firearm pursuant to the provisions of the bill shall inform the clerk of the court of the name, address, and signature of the transferee, federally licensed firearms dealer, or law-enforcement agency in possession of the firearm and shall provide a copy of the form to the transferee. The bill also provides that a person who is prohibited from possessing a firearm because the person is subject to a protective order or has been convicted of an assault and battery of a family or household member shall be advised that a law-enforcement officer may obtain a search warrant to search for any firearms from the person if the law-enforcement officer has probable cause. This bill is identical to SB 38.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 1 costs, 2 mixed.

Gun limits for people under protective orders

If you are under a covered protective order, you cannot buy or transport a firearm while the order is active. If the order is one of the listed Virginia orders (or a similar order from another state or D.C.), you also cannot knowingly possess any firearm during the order. There is a 24‑hour window after you are served to move guns only to surrender them to police, sell to a licensed dealer, or transfer to an eligible person. Breaking the purchase or transport ban is a Class 1 misdemeanor. Breaking the possession ban is a Class 6 felony. If you hold a concealed handgun permit, you cannot carry a concealed firearm while the order lasts and must surrender your permit to the court.

How to surrender guns under protective orders

When a court issues a covered protective order, you must surrender, sell, or transfer any firearms within 24 hours. You may turn them in to a designated police agency, sell to a licensed dealer, or transfer to a person age 21+ who does not live with the person protected by the order. Within 48 hours, you must file a court certification saying you have no guns or that you surrendered or sold them; willful failure can be contempt. The court advises that police may seek a search warrant if there is probable cause you kept guns, and you receive the agency’s address, hours, and the forms. Police give you a receipt; after the order ends, they must return guns within five days after your written request and eligibility check, or may dispose of them with your written OK or after 120 days with no request. Local police designate storage sites, and agencies and officers are immune for storage‑related damage, loss, or theft.

Three-year gun ban after domestic assault

If you are convicted on or after July 1, 2021 of assault and battery against a family or household member, you cannot buy, possess, or transport a firearm for three years. For this rule, a family or household member includes a spouse, former spouse, or anyone you share a child with. Violations are a Class 1 misdemeanor. Within 24 hours after sentencing or release, you must surrender, sell, or transfer any firearm to a designated police agency, a licensed dealer, or to a person age 21+ who does not live with you, and file a court certification within 48 hours. At sentencing, the court advises that police may seek a search warrant if there is probable cause you kept guns. Police give you a receipt; after the three‑year period ends, they must return guns within five days after your written request and eligibility check, or may dispose of them with your written OK or after 120 days with no request. Local police designate storage sites for these surrenders.

Sponsors & Cosponsors

Sponsor

  • Jen Kiggans - to resign 12/31

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 214 • No: 102

House vote 2/27/2026

Senate amendments agreed to by House

Yes: 61 • No: 34

Senate vote 2/25/2026

Courts of Justice Amendment agreed to

Yes: 0 • No: 0

Senate vote 2/25/2026

Passed Senate with amendments

Yes: 21 • No: 19

Senate vote 2/24/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote 2/24/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/23/2026

Reported from Courts of Justice with amendments

Yes: 9 • No: 5

House vote 2/5/2026

Read third time and passed House

Yes: 62 • No: 35

House vote 1/30/2026

Reported from Public Safety

Yes: 15 • No: 6

House vote 1/29/2026

Subcommittee recommends reporting

Yes: 7 • No: 3

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0533)

    4/10/2026Governor
  2. Approved by Governor-Chapter 533 (effective 7/1/2026)

    4/10/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB93)

    3/5/2026House
  6. Bill text as passed House and Senate (HB93ER)

    3/4/2026House
  7. Enrolled

    3/4/2026House
  8. Signed by President

    3/4/2026Senate
  9. Signed by Speaker

    3/4/2026House
  10. Senate amendments agreed to by House (61-Y 34-N 0-A)

    2/27/2026House
  11. Passed Senate with amendments (21-Y 19-N 0-A)

    2/25/2026Senate
  12. Courts of Justice Amendment agreed to

    2/25/2026Senate
  13. Engrossed by Senate as amended

    2/25/2026Senate
  14. Read third time

    2/25/2026Senate
  15. Passed by for the day Block Vote (Voice Vote)

    2/24/2026Senate
  16. Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

    2/24/2026Senate
  17. Rules suspended

    2/24/2026Senate
  18. Reported from Courts of Justice with amendments (9-Y 5-N)

    2/23/2026Senate
  19. Referred to Committee for Courts of Justice

    2/6/2026Senate
  20. Constitutional reading dispensed (on 1st reading)

    2/6/2026Senate
  21. Read third time and passed House (62-Y 35-N 0-A)

    2/5/2026House
  22. Read second time and engrossed

    2/4/2026House
  23. Read first time

    2/3/2026House
  24. Reported from Public Safety (15-Y 6-N)

    1/30/2026House
  25. Subcommittee recommends reporting (7-Y 3-N)

    1/29/2026House

Bill Text

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