SB 1382 — Assault firearms and certain ammunition feeding devices; purchase, possession, etc., prohibited.

SESSION SENATE SUBSTITUTE 23104992D23105315D SENATE BILL NO.

1382 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on theFinance Judiciaryand Appropriations on January 23,25, 2023) (Patrons Prior to Substitute––Senators Deeds, Morrissey [SB 918], and Edwards [SB 1283]) A BILL to amend and reenact §§ 15.2-915.5, 18.2-308.09, 18.2-308.2:1, 18.2-308.2:2, 18.2-308.2:3, Virginia by adding sections numbered 18.2-287.4:1, 18.2-287.4:2, 18.2-308.1:9, and 18.2-309.1, relating to purchase, possession, sale, transfer, etc., of assault firearms and certain ammunition feeding devices prohibited;

That §§ 15.2-915.5, 18.2-308.09, 18.2-308.2:1, 18.2-308.2:2, 18.2-308.2:3, 18.2-308.2:5, and18.2-308.7, is amended by adding sections numbered 18.2-287.4:1, 18.2-287.4:2, 18.2-308.1:9, and 18.2-309.1 asSas follows:

As used in this section, an "assault firearm" means the same as that term is defined in I / 38 § 18.2-308.2:2.

(ii) the manufacture of an assault firearm by a firearms manufacturer for the purpose of sale to any branch of SB1382S1SB1382S2 2 of 1011 the Armed Forces of the United States or to a law-enforcement agency in the Commonwealth for use by that agency or its employees, provided that the manufacturer is properly licensed under federal, state, and local laws;

An individual who has a felony charge pending or a charge pending for an offense listed in of 1011 sub18.

(iii) has the applicant ever been acquitted by reason of insanity and prohibited from purchasing, possessing, or transporting a firearm pursuant to § 18.2-308.1:1 or any substantially similar SB1382S1SB1382S2 4 of 1011 law of any other jurisdiction, been adjudicated legally incompetent, mentally incapacitated, or adjudicated an incapacitated person and prohibited from purchasing a firearm pursuant to § 18.2-308.1:2 or any substantially similar law of any other jurisdiction, been involuntarily admitted to an inpatient facility or involuntarily ordered to outpatient mental health treatment and prohibited from purchasing a firearm pursuant to § 18.2-308.1:3 or any substantially similar law of any other jurisdiction, or been the subject of a temporary detention order pursuant to § 37.2-809 and subsequently agreed to a voluntary admission pursuant to § 37.2-805;

The State Police shall immediately initiate a search of all available criminal history record information to of 1011 law.

12 2.

(ii) a pistol grip that SB1382S1SB1382S2 6 of 1011 protrudes conspicuously beneath the action of the rifle;

Such fee shall be transmitted to the of 1011 for use by the State Police to offset the cost of conducting criminal history record information checksd under the provisions of this section.

Upon request of any local law-enforcement agency, and pursuant to its regulations, the Department of State Police may certify such SB1382S1SB1382S2 8 of 1011 local law-enforcement agency to serve as its agent to receive applications and, upon authorization by the Department of State Police, issue certificates immediately pursuant to this subdivision.

In lieu of submitting fingerprints pursuant to this section, any dealer holding a valid federal firearms license (FFL) issued by the Bureau of Alcohol, Tobacco and Firearms (ATF) may submit a sworn and notarized affidavit to the Department of State Police on a form provided by the Department, of 1011 issued by the ATF.

12 § 18.2-308.2:5.

No person shall sell a firearm for money, goods, services or anything else of value unless he has obtained verification from a licensed dealer in firearms that information on the prospective purchaser has SB1382S1SB1382S2 10 of 1011 been submitted for a criminal history record information check as set out in § 18.2-308.2:2 and that a determination has been received from the Department of State Police that the prospective purchaser is not prohibited under state or federal law from possessing a firearm or such sale is specifically exempted by state or federal law.

§ 18.2-308.7.

Possession or transportation of handguns by persons under the age of 18;

penalty.

It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth.

For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any (i) semi-automatic centerfire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered.

A violation of this section shall be a Class 1 misdemeanor.

This section shall not apply to:

1.

Any person (i) while in his home or on his property;

(ii) while in the home or on the property of his parent, grandparent, or legal guardian;

or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;

2.

Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;

3.

Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported;

and 4.

Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state.

The provisions of this section shall not apply to the manufacture by, transfer to, or possession by the Commonwealth or a department, agency, or political subdivision of the Commonwealth, transfer to or possession by a law-enforcement officer employed by such an entity for purposes of law enforcement, of 11 or possession by an individual who is retired from service with a law-enforcement agency and is not otherwise prohibited from receiving ammunition transferred to the individual by the law-enforcement agencyage§ upon19.2-386.28. his retirement.

§ 19.2-386.28.

Anyactivator Ifis anyconcealed, firearm,possessed, stuntransported, weaponor ascarried definedin byviolation of § 18.2-308.1,18.2-283.1, or18.2-287.01, any18.2-287.4, weapon,18.2-287.4:1, magazine.18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4, 18.2-308.1:8, 18.2-308.1:9, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.4, 18.2-308.5, 18.2-308.5:1, 18.2-308.7, or 18.2-308.8, 2.

orThat triggerthe activatorprovisions isof concealed,this possessed,act transported,may orresult carried in violationa ofnet §increase 18.2-283.1,in 18.2-287.01,periods 18.2-287.4, 18.2-287.4:1, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4, 18.2-308.1:8, 18.2-308.1:9, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.4, 18.2-308.5, 18.2-308.5:1, 18.2-308.7, or 18.2-308.8, or 18.2-309.1, it shall be forfeited to the Commonwealth and disposed of asimprisonment providedor2-386.29. in § 19.2-386.29.

2.commitment.

ThatPursuant theto provisions§ 30-19.1:4 of thisthe actCode mayof resultVirginia, inthe aestimated netamount increase in periods of imprisonmentthe orcorrectional commitment.facilities;

Pursuanttherefore, toChapter §2 30-19.1:4 of the CodeActs of Virginia,Assembly theof estimated2022, amountSpecial ofSession I, requires the necessaryVirginia Criminal Sentencing Commission to assign a minimum fiscal impact of S appropriation cannot be determined for periods of imprisonmentcommitment into statethe adultcustody correctionalof facilities;the Departmentry of Juvenile Justice.

therefore,E ChapterN 2A ofT theE ActsS ofU AssemblyB ofS 2022,T SpecialI SessionT I,U requiresT theE VirginiaB CriminalS Sentencing2 Commission to assign a minimum fiscal impact of $50,000.