VirginiaSB382026 Regular SessionSenate

Firearms; transfers to another person from a prohibited person.

Sponsored By: Barbara A. Favola (Democratic)

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 HB 93.

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Bill Overview

Analyzed Economic Effects

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

Domestic assault convictions: three-year gun ban

If you are convicted of misdemeanor assault and battery of a family or household member for an offense on or after July 1, 2021, you face a three-year ban on buying, possessing, or transporting firearms. Violations are a Class 1 misdemeanor. At sentencing or release, you have 24 hours to surrender to police, sell to a dealer, or transfer to someone 21 or older who does not live with you. Within 48 hours, you must file the court form certifying you complied or that you have no guns; willful failure is contempt. You receive the address and hours of the agency that stores surrendered guns, and police must give you a receipt with the gun’s make, model, and serial number. After three years, police must return your guns within five days of your written request once they confirm you are allowed to have them; guns may be disposed of if you authorize it or leave them more than 120 days after your ban ends without asking for them back. Your rights return after three years unless another law still prohibits you. For this law, a family or household member includes a spouse, former spouse, or someone you share a child with.

Protective orders: fast gun surrender and ban

If you are under a protective order, you cannot buy or transport a gun. If you have a concealed handgun permit, you must stop carrying concealed and surrender the permit to the court. You also cannot possess a gun while the order is in effect, except for 24 hours after service to surrender it to police, sell to a dealer, or transfer it to someone 21 or older who does not live with you. Within 24 hours, you must surrender, sell, or transfer all guns, and within 48 hours you must file the court form certifying you complied or that you have none. Police must give you a receipt and return your guns after the order ends, within five days of your written request, if you are legally allowed to have them. Guns left more than 120 days after the order ends, with no written request, may be disposed of. When served, you receive the address and hours of the agency that accepts surrendered guns and the certification form. Violations carry Class 1 misdemeanor and Class 6 felony penalties.

Police not liable for surrendered guns

When police hold a firearm surrendered under these laws, the agency and officers are immune from civil and criminal liability for any damage, deterioration, loss, or theft while it is in custody.

Sponsors & Cosponsors

Sponsor

  • Barbara A. Favola

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 156 • No: 72

House vote 2/16/2026

Passed House

Yes: 63 • No: 35

House vote 2/13/2026

Reported from Public Safety

Yes: 13 • No: 7

Senate vote 2/9/2026

Read third time and passed Senate

Yes: 21 • No: 19

Senate vote 2/6/2026

Courts of Justice Amendments agreed to

Yes: 0 • No: 0

Senate vote 2/5/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/5/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote 2/4/2026

Reported from Finance and Appropriations

Yes: 10 • No: 5

Senate vote 1/28/2026

Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations

Yes: 9 • No: 6

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0534)

    4/10/2026Governor
  2. Approved by Governor-Chapter 534 (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

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB38)

    2/18/2026Senate
  6. Bill text as passed Senate and House (SB38ER)

    2/18/2026Senate
  7. Enrolled

    2/18/2026Senate
  8. Signed by President

    2/18/2026Senate
  9. Signed by Speaker

    2/18/2026House
  10. Passed House (63-Y 35-N 0-A)

    2/16/2026House
  11. Read third time

    2/16/2026House
  12. Read second time

    2/15/2026House
  13. Reported from Public Safety (13-Y 7-N)

    2/13/2026House
  14. Referred to Committee on Public Safety

    2/12/2026House
  15. Read first time

    2/12/2026House
  16. Placed on Calendar

    2/12/2026House
  17. Read third time and passed Senate (21-Y 19-N 0-A)

    2/9/2026Senate
  18. Courts of Justice Amendments agreed to

    2/6/2026Senate
  19. Engrossed by Senate as amended (Voice Vote)

    2/6/2026Senate
  20. Read second time

    2/6/2026Senate
  21. Passed by for the day Block Vote (Voice Vote)

    2/5/2026Senate
  22. Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)

    2/5/2026Senate
  23. Rules suspended

    2/5/2026Senate
  24. Reported from Finance and Appropriations (10-Y 5-N)

    2/4/2026Senate
  25. Senate committee amendments offered

    1/28/2026Senate

Bill Text

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