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Committee pauses vote on measure to bar firearm possession after certain misdemeanor hate-crime convictions
Summary
Patron Delegate Tran's bill would bar people convicted of misdemeanor hate crimes from possessing firearms; committee members and witnesses debated drafting scope, restoration pathways and due process, and the measure was taken 'bye for the day' for redrafting after testimony both for and against.
The Senate Courts of Justice Committee took testimony and then placed Delegate Tran's bill (a measure to prohibit people convicted of certain misdemeanor hate crimes from possessing firearms) "bye for the day" after extended questioning about scope, drafting and constitutional consequences.
The patron said the bill seeks to close a gap by preventing people who intentionally select victims because of race, religion, gender, disability, sexual orientation or national origin from possessing firearms even when the underlying offense is a misdemeanor. "I think we're all aware of the rise in hate crimes, in Virginia and across the country," the patron said, adding the bill focuses on adults and "to make sure that individuals who are convicted of a misdemeanor that rises to the level of a hate crime... that they do not have access to firearms." (SEG 1249-1256, SEG 1706-1708.)
Committee members pressed whether the bill would capture juvenile adjudications and whether its triggers should rely on conviction of subsection a of Va. Code 18.2-57 (the hate-crime misdemeanor statute) rather than references on warrants or sentencing orders. Senator Perry and others suggested limiting the trigger to a conviction under subsection a and including the elements of the hate-crime offense; others advocated a broader "belt-and-suspenders" drafting approach to ensure the patron's intent was captured.
Public testimony included opposition from Patricia Webb of the Blue Commonwealth Defense League, who warned the measure "takes away a constitutionally protected right for a misdemeanor" and noted there may be no restoration pathway for some misdemeanors (SEG 1598-1605). Philip Van Cleve, president of the Virginia Citizens Defense League, urged that misdemeanors should not remove civil rights and recommended felony elevation for dangerous actors (SEG 1610-1620). Supporters included representatives from Giffords and the Virginia Center for Public Safety who said the bill would help disarm people who commit ideologically motivated violence (SEG 1678-1686).
After the testimony and sustained drafting discussion, the committee opted to take the bill "bye for the day" so the patron and counsel can refine language addressing the concerns raised about triggers, restoration and juvenile cases. The committee did not adopt the bill at this hearing and deferred further action until the patron circulates revised language for follow-up consideration.
