The Virginia Senate approved Senate Bill 744 on Jan. 17, 2025, by a 21-19 vote after floor debate over due process and the standard for search warrants.

The bill requires a person prohibited from possessing firearms because of a conviction for assault and battery against a household member or because they are subject to a protective order to use one of three lawful options to relinquish firearms: transfer to a licensed dealer, give to law enforcement, or transfer to a legally eligible person. Under the bill, if the filer chooses to transfer to a private person, the filer must submit a form to the court listing the transferee’s name and address and affirming the transferee is legally eligible to possess firearms. The transferee must be at least 21 years old and not reside with the prohibited person. The court must also remind the filer that law enforcement could seek a search warrant if there is reason to believe the filer did not comply.

Senator Obenshain, the senator from Rockingham, raised objections on grounds of due process and burden. “This does give the ability to get a warrant not upon, not upon probable cause, but upon reasonable belief,” he said on the floor, calling that “a significant difference.” He argued the measure imposes unnecessary paperwork and could burden lawful transferees.

Senator Stewart, the senator from King George, also questioned the bill’s language around search warrants, asking, “All it says is the officer has reason to believe. Now what does that mean?” He warned that an expansive warrant standard might permit broad searches and raise collateral legal exposure under plain-view doctrine.

Senator Barbara Favola, the senator from Arlington and the bill’s floor sponsor, replied that “having a search warrant is not a new concept,” and noted that an officer must still make a case to obtain a warrant. She said the bill’s 21-year-old transferee requirement was intended to align with other statutory provisions tracked in the transfer option.

After debate, the clerk recorded the vote as Ayes 21, Nos 19. The bill passed the Senate and will proceed in the legislative process.