Board Matter
July 31, 2018
Madam Chairman,
The Domestic Violence Prevention, Policy, & Coordinating Council (DVPPCC) has passed a resolution supporting legislation in the General Assembly to enhance provisions in the Virginia Code related to protective orders and gun possession. The purpose of the proposed legislation is to increase the safety of and further protect victims of domestic violence.
The proposal is the result of a recommendation from the DVPPCC Policy Committee to seek ways to improve protections for victims of domestic violence and sexual assault. The Committee was charged with identifying and investigating the gaps in current legislation in the Commonwealth surrounding protective orders and gun possession as it pertains to domestic violence, and it found that the existing language has many gaps. Among these gaps, the Committee recognized the need to forbid access to guns by respondents of domestic violence protective orders.
The proposed legislation would close the 24-hour loophole which currently permits respondents to surrender their firearms to a family member or friend in a day’s time rather than directly to law enforcement immediately upon service of the protective order.
The DVPPCC recommends that no violent recidivist or persons subject to a protective order should be permitted gun possession as a matter of public welfare.
The DVPPCC has requested that Fairfax County Board of Supervisors support legislation to clarify current code and recommend new language to Title 18.2. Crimes and Offenses Generally » Chapter 7. Crimes Involving Health and Safety § 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalties providing for improvements in law to further protect victims of domestic violence and sexual assault. This language would require the immediate surrender of guns (in addition to current concealed gun permits) directly to law enforcement while subject to a protective order.
Madam Chairman, I am not asking for the Board to consider this issue today. Rather I ask that the recommendation be referred to the Legislative Committee for consideration as part of the 2019 Board of Supervisors legislative package to the Virginia General Assembly.