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SESSION HOUSE SUBSTITUTE 24107815D SENATE BILL NO.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act 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 ammuOition feeding devices prohibited;
2 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Public Safety on February 16, 2024) (Patron Prior to Substitute––Senator Deeds) 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;
Be it enacted by the General Assembly of Virginia:
L L [S 2] Approved E D 1.
1.
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, 18.2-308.7, and 19.2-386.28 of the Code of Virginia are amended and reenacted and that the Code of Virginia 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 as follows:
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, 18.2-308.7, 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 as follows:
O A.
A.
No locality or agent of such locality may participate in any program in which individuals are given a thing of value provided by another individual or other entity in exchange for surrendering a firearm to the locality or agent of such locality unless (i) the governing body of the locality has enacted locality in such program or (ii) the program is a voluntary gun buy-back or give-back program for the surrendering of an assault firearm as defined in § 18.2-308.2:2.
No locality or agent of such locality may participate in any program in which individuals are given a thing of value provided by another individual or other entity in exchange for surrenderBng a firearm to the locality or agent of such locality unless (i) the governing body of the localityEhas enacted locality in such program or (ii) the program is a voluntary gun buy-back or give-back program for the surrendering of an assault firearm as defined in § 18.2-308.2:2.
E B.
B.
Any ordinance enacted pursuant to this section shall require that any firearm received, except a firearm of the type defined in § 18.2-288 or 18.2-299 or a firearm the transfer for which is prohibited by federal law, shall be destroyed by the locality unless the person surrendering the firearm requests in writing that the firearm be offered for sale by public auction or sealed bids to a person licenSed as a pursuant to this subsection shall be given by advertisement in at least two newspapers published and having general circulation in the Commonwealth, at least one of which shall have general circulation in the locality in which the property to be sold is located.
Any ordinance enacted pursuant to this section shall require that any firearm received, except a firearm of the type defined in § 18.2-288 or 18.2-299 or a firearm the transfer for which is prohibited by federal law, shall be destroyed by the locality unless the person surrendering the firearm requests in writing that the firearm be offered for sale by public auction or sealed bids to a person licensed as a dealer pursuant to 18 U.S.C.
§ 921 et seq.
Notice of the date, time, and place of any sale conducted pursuant to this subsection shall be given by advertisement in at least two newspapers published and the locality in which the property to be sold is located.
Any firearm remaSning in possession of the locality or agent of the locality after attempts to sell at public auction orTby sealed firearm or, subject to any registration requirements of federal law, sale of the firearm to a licensed dealer.
Any firearm remaining in possession of the locality or agent of the locality after attempts to sell at public auction or by sealed bids shall be disposed of in a manner the locality deems proper, which may include destruction of the firearm or, subject to any registration requirements of federal law, sale of the firearm to a licensed dealer.
I 36 § 18.2-287.4:1.
§ 18.2-287.4:1.
penaltT.
penalty.
37 A.
A.
As used in this section, an "assault firearm" means the same as that term is defined in / 38 § 18.2-308.2:2.
As used in this section, an "assault firearm" means the same as that term is defined in § 1B.
U 39 B.
Any person who imports, sells, manufactures, purchases, or transfers an assault firearm is guilty of a Class 1 misdemeanor.
Any person who imports, sells, manufactures, purchases, or transfers an assault firearm iT guilty of C.
The provisions of this section shall not apply to (i) any government officer, agent, or eEployee, or member of the Armed Forces of the United States, to the extent that such person is otherwise authorized to acquire or possess an assault firearm and does so while acting within the scope of his duties;
(ii) the manufacture of an assault firearm by a firearms manufacturer for the purpose of sale to any branch of the Armed Forces of the United States, senior military colleges in the Commonwealth organized under its employees, provided that the manufacturer is properly licensed under federal, state, and local laws;
(iii) the sale or transfer of an assault firearm by a licensed dealer to any branch of the Armed Forces of the United States or to a law-enforcement agency in the Commonwealth for use by that agency Sr its employees;
or (iv) any member of a cadet corps who is recognized by a public institution of higher education while such member is in the performance of lawful military training or such member isH participating in an official ceremonial event for the Commonwealth.
1 younger than 21 years of age;
penalty.possession, etc., of assault firearms prohibited by persons A.
As used in this section, an "assault firearm" means the same as that term is defined in § 18.2-308.2:2 except that it includes such firearms manufactured before July 1, 2024.
B.
Any person younger than 21 years of age who imports, sells, manufactures, purchases, possesses, transports, or transfers an assault firearm is guilty of a Class 1 misdemeanor.
The provisions of this section shall not apply to (i) any government officer, agent, or employee, or SB2H1 2 of 11 member of the Armed Forces of the United States, to the extent that such person is otherwise authorized to acquire or possess an assault firearm and does so while acting within the scope of his duties;
The provisions of this section shall not apply to (i) any government officer, agent, or employee, or member of the Armed Forces of the United States, to the extent that such person is otherwise authorized to acquire or possess an assault firearm and does so while acting within the scope of his duties;
§ 2111a(f), or to a law-enforcement agency in the Commonwealth for use by that agency or (iii) the sale or transfer of an assault firearm by a licensed dealer to any branch of the Armed Forces;
of the United States or to a law-enforcement agency in the Commonwealth for use by that agency or its employees;
or (iv) any member of a cadet corps who is recognized by a public institution of higher education while such member is in the performance of lawful military training or such member is participating in an official ceremonial event for the Commonwealth.
§ 18.2-287.4:2.
Importation, sale, possession, etc., of assault firearms prohibited by persons younger than 21 years of age;
penalty.
A.
As used in this section, an "assault firearm" means the same as that term is defined in § 1B.
Any person younger than 21 years of age who imports, sells, manufactures, purchases, possesses, transports, or transfers an assault firearm is guilty of a Class 1 misdemeanor.
of 11 C.
The provisions of this section shall not apply to (i) any government officer, agent, or employee, or member of the Armed Forces of the United States, to the extent that such person is otherwise authorized to acquire or possess an assault firearm and does so while acting within the scope of his duties;
(ii) the manufacture of an assault firearm by a firearms manufacturer for the purpose of sale to any branch of the Armed Forces of the United States, senior military colleges in the Commonwealth organized under 10 U.S.C.
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An individual whose previous convictions or adjudications of delinquency were based on an offense that would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories.
An individual whose previous convictions or adjudications of delinquency were based on an offense that would have been at the time of conviction a felony if committed by an adult under the laws of 11 of any state, the District of Columbia, the United States or its territories.
For purposes of this disqualifier, only convictions occurring within 16 years following the later of the date of (i) the of 11 adjudication shall be deemed to be "previous convictions." Disqualification under this subdivision shall not apply to an individual with previous adjudications of delinquency who has completed a term of service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge.
For purposes of this disqualifier, only convictions occurring within 16 years following the later of the date of (i)Ethe conviction or adjudication or (ii) release from any incarceration imposed upon such conviction or adjudication shall be deemed to be "previous convictions." Disqualification under this subdivision shall not apply to an individual with previous adjudications of delinquency who has completed a term Rf service of no less than two years in the Armed Forces of the United States and, if such person has been dis17.
17.
An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15.
An individual who has a felony charge pending or a charge pending for an offense listed in sub18.
L 18.
An individual not otherwise ineligible pursuant to this article, who, within the three-year period immediately preceding the application for the permit, was found guilty of any criminal offense set forth in Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.), or former § 18.2-248.1:1 controlled substance, under the laws of any state, the District of Columbia, or the United States or itsany territories.
An individual not otherwise ineligible pursuant to this article, who, within the three-yEar period immediately preceding the application for the permit, was found guilty of any criminal offense set forth in Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.), or former § 18.2-248.1:1 or of a criminal offense of illegal possession or distribution of marijuana, synthetic cannabinoids, or any controlled substance, under the laws of any state, the District of Columbia, or the United States or its ter20.
20.
An individual, not otherwise ineligible pursuant to this article, with respect to whom, within the three-year period immediately preceding the application, upon a charge of any criminal offense set forth in Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.), or former § 18.2-248.1:1 or upon a charge of illegal possession or distribution of marijuana, synthetic cannabinoids, orSany controlled substance under the laws of any state, the District of Columbia, or the United State2 or its territories, the trial court found that the facts of the case were sufficient for a finding of Ruilt and disposed of the case pursuant to § 18.2-251 or the substantially similar law of any other state, the District of Columbia, or the United States or its territories.
An individual, not otherwise ineligible pursuant to this article, with respect to whom, within the three-year period immediately preceding the application, upon a charge of any criminal offense set forth in Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.), or former § 18.2-248.1:1 controlled substance under the laws of any state, the District of Columbia, or the United StateU or its territories, the trial court found that the facts of the case were sufficient for a finding of guilt and disposed of the case pursuant to § 18.2-251 or the substantially similar law of any other stateS the District of Columbia, or the United States or its territories.
Purchase, possession, or transportation of firearm following conviction for E impA.
Purchase, possession, or transportation of firearm following conviction for importation, sale, possession, etc., of assault firearm;
Any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for a violation of § 18.2-287.4:1 or 18.2-287.4:2 is guilty of a Class 1 misdemeanor.
penalty.
S B.
following a misdemeanor conviction for a violation of § 18.2-287.4:1 or 18.2-287.4:2 is guilty of a Class 1 misdemeanor.
Any person convicted of a violation of § 18.2-287.4:1 or 18.2-287.4:2 or this section shall be prohibited from purchasing, possessing, or transporting a firearm for three years following theUdate of purchasing, possessing, or transporting a firearm pursuant to this section.
B.
Such person shall have his firearms rights restored, unless such person receives another disqualifying conviction, is subjSct to a protective order that would restrict his rights to carry a firearm, or is otherwise prohibited by law from purchasing, possessing, or transporting a firearm.
Any person convicted of a violation of § 18.2-287.4:1 or 18.2-287.4:2 or this section shall be prohibited from purchasing, possessing, or transporting a firearm for three years following the date of such conviction at which point the person convicted of such offense shall no longer be prohibited from purchasing, possessing, or transporting a firearm pursuant to this section.
T § 18.2-308.2:1.
Such person shall have his firearms rights restored, unless such person receives another disqualifying conviction, is subject to a protective order that would restrict his rights to carry a firearm, or is otherwise prohibited by law from purchasing, possessing, or transporting a firearm.
Prohibiting the selling, etc., of firearms to certain persons;
Any person who sells, barters, gives, or furnishes, or has in his possession or under his control with the intent of selling, bartering, giving, or furnishing, any firearm to any person he knows is prohibited from possessing or transporting a firearm pursuant to § 18.2-308.1:1, 18.2-308.1:2, or 18.2-308.1:3, subsection B of § 18.2-308.1:4, § 18.2-308.1:6 or 18.2-308.2, subsection B of § 18.2-308.2:01, or § 18.2-308.7 is guilty of a Class 4 felony.
penalties.
Any person who sells, barters, gives, or furnishes, or has in his possession or under his control with the intent of selling, bartering, giving, or furnishing, any firearm to any person he knows is prohibited from purchasing, possessing, or transporting a firearm pursuant to § 18.2-308.1:7 or, 18.2-308.1:8, or 18.2-308.1:9 is guilty of a Class 1 misdemeanor.
I the intent of selling, bartering, giving, or furnishing, any firearm to any person he knows is prohibited from possessing or transporting a firearm pursuant to § 18.2-308.1:1, 18.2-308.1:2, or 18.2-308.1:3, subsection B of § 18.2-308.1:4, § 18.2-308.1:6 or 18.2-308.2, subsection B of § 18.2-308.2:01, or § 18.2-308.7 is guilty of a Class 4 felony.
misdemeanor, adjudicated delinquent, or acquitted by reason of insanity has (i) been issued a permit pursuant to subsection C of § 18.2-308.2 or been granted relief pursuant to subsection B of § 18.2-308.1:1 or § 18.2-308.1:2 or 18.2-308.1:3;
T Any person who sells, barters, gives, or furnishes, or has in his possession or under his control with from purchasing, possessing, or transporting a firearm pursuant to § 18.2-308.1:7 or, 18.2-308.1:8, orted 18.2-308.1:9 is guilty of a Class 1 misdemeanor.
(ii) been pardoned or had his political disabilities removed in accordance with subsection B of § 18.2-308.2;
However, this prohibition shall not be applicable when the person convicted of the felony or misdemeanor, adjudicated delinquent, or acquitted by reason of insanity has (i) been issued a permit pursuant to subsection C of § 18.2-308.2 or been granted relief pursuant to subsection B of removed in accordance with subsection B of § 18.2-308.2;
H A.
A.
Any person purchasing from a dealer a firearm as herein defined in this section shall con1ent in history record information and if such firearm is an assault firearm manufactured before July 1, 2024,l such person purchasing such assault firearm shall be 21 years of age or older.
Any person purchasing from a dealer a firearm as herein defined in this section shall consent in writing, on a form to be provided by the Department of State Police, to have the dealer obtain criminal history record information and if such firearm is an assault firearm manufactured before July 1, 2024, only the written consent;
Such form shall include only the written consent;
the name, birth date, gender, race, citizenship, and social security numbere and/or any other identification number;
the name, birth date, gender, race, citizenship, and social security number and/or any other identification number;
the number of firearms by category intended to be sold, rented, of 11 traded, or transferred;
the number of firearms by category intended to be sold, rented, traded, or transferred;
(i) has the applicant been convicted of a felony offense or a misdemeanor offense listed in § 18.2-308.1:8 or 18.2-308.1:9 or SB2H1 4 of 11 found guilty or adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act that if committed by an adult would be a felony or a misdemeanor listed in § 18.2-308.1:8 or 18.2-308.1:9;
(i) has the applicant been convicted of a felony offense or a misdemeanor offense listed in § 18.2-308.1:8 or 18.2-308.1:9 or found guilty or adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act that if committed by an adult would be a felony or a misdemeanor listed in § 18.2-308.1:8 or 18.2-308.1:9;
No dealer shall sell, rent, trade, or transfer from his inventory any such firearm to any other person who is a resident of Virginia until he has (i) obtained written consent and the other information on the consent form specified in subsection A, and provided the Department of State Police with the name, birth date, gender, race, citizenship, and social security and/or any other identification number and the number of firearms by category intended to be sold, rented, traded, or transferred and;(ii) requested criminal history record information by a telephone call to or other communication authorized by the State Police and is authorized by subdivision 2 to complete the sale or other such transfer;
No dealer shall sell, rent, trade, or transfer from his inventory any such firearm to any other person who is a resident of Virginia until he has (i) obtained written consent and the other information on the consent form specified in subsection A, and provided the Department of State Police with the name, birth date, gender, race, citizenship, and social security and/or any other identification number and the number of firearms by category intended to be sold, rented, traded, or transferred and;
(ii) requested criminal history record information by a telephone call to or other communication authorized by the State Police and is authorized by subdivision 2 to complete the sale or other such transfer;
A dealer who fulfills the requirements of subdivision 1 and is told by the State Police that a response will not be available by the end of the dealer's fifth business day may immediately complete the sale or transfer and shall not be deemed in violation of this section with respect to such sale or transfer.
A dealer who fulfills the requirements of subdivision 1 and is told by the State Police that a response will not be available by the end of the dealer's fifth business day may of 11 immediately complete the sale or transfer and shall not be deemed in violation of this section with respect to such sale or transfer.
3.
E 3.
Except as required by subsection D of § 9.1-132, the State Police shall not maintain records longer of 11 months, from any dealer's request for a criminal history record information check pertaining to a buyer or transferee who is not found to be prohibited from possessing and transporting a firearm under state or federal law.
Except as required by subsection D of § 9.1-132, the State Police shall not maintain records longer than 30 days, except for multiple handgun transactions for which records shall be maintained for 12 months, from any dealer's request for a criminal history record information check pertaining toRa buyer or transferee who is not found to be prohibited from possessing and transporting a firearm under state or log shall consist of the name of the purchaser, the dealer identification number, the unique approval number, and the transaction date.
However, the log on requests made may be maintained for a period of 12 months, and such log shall consist of the name of the purchaser, the dealer identification number, the unique approval number, and the transaction date.
L 4.
deliver the written consent form required by subsection A to the Department of State Police.
On the last day of the week following the sale or transfer of any firearm, the dealer shall mail or deliver the written consent form required by subsection A to the Department of State Police.
The State or Police shall immediately initiate a search of all available criminal history record information to determine if the purchaser is prohibited from possessing or transporting a firearm under state or federal law.
The State Police shall immediately initiate a search of all available criminal history record informationEto determine if the purchaser is prohibited from possessing or transporting a firearm under state or federal law.
If the search discloses information indicating that the buyer or transferee is so prohibited from possessing or transporting a firearm, the State Police shall inform the chief law-enforcement officer in the5.
If the search discloses information indicating that the buyer or transferee is so prohibited from possessing or transporting a firearm, the State Police shall inform the chief law-enforcement officer in the jurisdiction where the sale or transfer occurred and the dealer without delay.
Notwithstanding any other provisions of this section, rifles and shotguns may be purchased by persons who are citizens of the United States or persons lawfully admitted for permanent residence but residents of other states under the terms of subsections A and B upon furnishing the dealer with one photo-identification form issued by a governmental agency of the person's state of residence and one other form of identification determined to be acceptable by the Department of Criminal Justice Services.
persons who are citizens of the United States or persons lawfully admitted for permanent residence but residents of other states under the terms of subsections A and B upon furnishing the dealer with one photo-identification form issued by a governmental agency of the person's state of residence and one other form of identification determined to be acceptable by the Department of Criminal Justice Services.
December 25.e purposes of this subsection, the phrase "dealer's fifth business day" does not inUlude C.
6.
No dealer shall sell, rent, trade, or transfer from his inventory any firearm, except when the transaction involves a rifle or a shotgun and can be accomplished pursuant to the provisions ofS subdivision B 5, to any person who is a dual resident of Virginia and another state pursuant to applicable federal law unless he has first obtained from the Department of State Police a reporE person is prohibited from possessing or transporting a firearm under state or federal law.losed that the To establish personal identification and dual resident eligibility for purposes of this subsection, a dealer shall require any prospective purchaser to present one photo-identification form issued Sy a governmental agency of the prospective purchaser's state of legal residence and other documentation of dual residence within the Commonwealth.
For the purposes of this subsection, the phrase "dealer's fifth business day" does not in2lude December 25.
The other documentation of dual residence in the U current (a) lease, (b) utility or telephone bill, (c) voter registration card, (d) bank check, (e) passport, (f) automobile registration, or (g) hunting or fishing license;
R C.
(ii) other current identification aSlowed as evidence of residency by 27 C.F.R.
No dealer shall sell, rent, trade, or transfer from his inventory any firearm, except when the transaction involves a rifle or a shotgun and can be accomplished pursuant to the provisions of subdivision B 5, to any person who is a dual resident of Virginia and another state pursuant to applicable federal law unless he has first obtained from the Department of State Police a report person is prohibited from possessing or transporting a firearm under state or federal law.losed that the To establish personal identification and dual resident eligibility for purposes of this subsection, a dealer shall require any prospective purchaser to present one photo-identification form issued by a governmental agency of the prospective purchaser's state of legal residence and other documentation of dual residence within the Commonwealth.
The other documentation of dual residence in the Commonwealth may include (i) evidence of currently paid personal property tax or real estate tax or a current (a) lease, (b) utility or telephone bill, (c) voter registration card, (d) bank check, (e) passport, (f) automobile registration, or (g) hunting or fishing license;
(ii) other current identification allowed as evidence of residency by 27 C.F.R.
or (iii) other documentation of residence determined to be acceptable by the Department of Criminal Justice Services and that T corroborates that the prospective purchaser currently resides in Virginia.
or (iii) other documentation of corroborates that the prospective purchaser currently resides in Virginia.e Services and that D.
I exercise his right of access to and review and correction of criminal history record information under § 9.1-132 or institute a civil action as provided in § 9.1-135, provided any such action is initiated within 30 days of such denial.
If any buyer or transferee is denied the right to purchase a firearm under this section, he may exercise his right of access to and review and correction of criminal history record information under § 9.1-132 or institute a civil action as provided in § 9.1-135, provided any such action is initiated within 30 days of such denial.
U E.
E.
Any dealer who willfully and intentionally requests, obtains, or seeks to obtain criminalThistory record information under false pretenses, or who willfully and intentionally disseminates or seeks to a Class 2 misdemeanor.istory record information except as authorized in this section, shall be Es guilty of F.
Any dealer who willfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses, or who willfully and intentionally disseminates or seeks to disseminate criminal history record information except as authorized in this section, shall be is guilty of a Class 2 misdemeanor.
For purposes of this section:
ignition system) manufactured in or before 1898;matchlock, flintlock, percussion cap, or similar type of 2.
1.
Any replica of any firearm described in subdivision 1 of this definition if such replica (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or (ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United StatesHand that is not readily available in the ordinary channels of commercial trade;
Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;
1 black powder, or a black powder substitute, and that cannot use fixed ammunition.
2.
For purposes of thisse subdivision, the term "antique firearm" shall not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle-loading weapon, or any muzzle-loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breech-block, or any combination thereof;
Any replica of any firearm described in subdivision 1 of this definition if such replica (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or (ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade;
3.
Any muzzle-loading rifle, muzzle-loading shotgun, or muzzle-loading pistol that is designed to use subdivision, the term "antique firearm" shall not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle-loading weapon, or any muzzle-loading weapon of 11 that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breech-block, or any combination thereof;
SB2H1 6 of 11 "Assault firearm" means any:
"Assault firearm" means any:
H.
of 11 H.
§ 921 et seq.;
§ 921 et seE.;
(ii) purchases by or sales to any law-enforcement officer or agent of the United States, the Commonwealth or any local government, or any campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of of 11 ChaI.
(ii) purchases by or sales to any law-enforcement officer or agent of the United States, the Commonwealth or any local government, or any campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1;
The provisions of this section shall not apply to restrict purchase, trade, or transfer of firearms by a resident of Virginia when the resident of Virginia makes such purchase, trade, or transfer in another state, in which case the laws and regulations of that state and the United States governing the purchase, trade, or transfer of firearms shall apply.
or (iii) antique firearms or curios or relics.
R I.
The provisions of this section shall not apply to restrict purchase, trade, or transfer of firearms by state, in which case the laws and regulations of that state and the United States governing the purchase, trade, or transfer of firearms shall apply.
history record information check is required pursuant to this section, except that a fee of $5 shall bel collected for every transaction involving an out-of-state resident.
J.
All licensed firearms dealers shall collect a fee of $2 for every transaction for which a criminal history record information check is required pursuant to this section, except that a fee of $5 Ehall be collected for every transaction involving an out-of-state resident.
Except as provided in § 18.2-308.2:1, any dealer who willfully and intentionally sells, rents, trades, or transfers a firearm in violation of this section shall be is guilty of a Class 6 felony.
Except as provided in § 18.2-308.2:1, any dealer who willfully and intentionally sells, rents, trades, or transfers a firearm in violation of this section shall be is guilty of a Class 6 felSny.
Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or intentionally aids or abets such person, shall be is guilty of a Class 6 felony.
Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfe2 or otherwise convey a firearm other than to the actual buyer, as well as any other person who willRully and intentionally aids or abets such person, shall be is guilty of a Class 6 felony.
This subsectioU shall not apply to a federal law-enforcement officer or a law-enforcement officer as defined in § 9.1-101, in the performance of his official duties, or other person under his direct supervision.
This subsection shall not apply to a federal law-enforcement officer or a law-enforcement officer as defined in § 9.1-101, in the performance of his official duties, or other person under his direct supervision.
S M.
M.
Any person who purchases a firearm with the intent to (i) resell or otherwise provide such firearm to any person who he knows or has reason to believe is ineligible to purchase or otherwEse Commonwealth to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm, shall be is guilty of a Class 4 felony and sentenced to a mandatory minimum term of imprisonment of one year.
Any person who purchases a firearm with the intent to (i) resell or otherwise provide such receive from a dealer a firearm for whatever reason or (ii) transport such firearm out of therwise Commonwealth to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm, shall be is guilty of a Class 4 felony and sentenced to a mandatory minimum term of imprisonment of one year.
However, if the violation of this subsSction involves such a transfer of more than one firearm, the person shall be sentenced to a mandatory minimum term of imprisonment of five years.
However, if the violation of this subsection involves such a transfer of more than one firearm, the person shall be sentenced to a mandatory minimum term of imprisonment of five years.
The prohibitions of this subsection shall not applyUto the § 18.2-308.7, by his child, grandchild, or individual for whom he is the legal guardian if such child, grandchild, or individual is ineligible, solely because of his age, to purchase a firearm.
The prohibitions of this subsection shall not apply to the purchase of a firearm by a person for the lawful use, possession, or transport thereof, pursuant to § 18.2-308.7, by his child, grandchild, or individual for whom he is the legal guardian if such child, grandchild, or individual is ineligible, solely because of his age, to purchase a firearm.
S N.
Commonwealth who solicits, employs, or assists any person in violating subsection M shall be is guilty of a Class 4 felony and shall be sentenced to a mandatory minimum term of imprisonment of five years.
Any person who is ineligible to purchase or otherwise receive or possess a firearm in the Commonwealth who solicits, employs, or assists any person in violating subsection M shall be is guilty of a Class 4 felony and shall be sentenced to a mandatory minimum term of imprisonment of five Iears.
O.
any other sentence.
Any mandatory minimum sentence imposed under this section shall be served consecutively with any other sentence.
minimum sentence imposed under this section shall be served consecutively with P.
P.
U Q.
Q.
Prior to selling, renting, trading, or transferring any firearm owned by the dealer but nTt in his inventory to any other person, a dealer may require such other person to consent to have the dealer possessing or transporting a firearm by state or federal law.
Prior to selling, renting, trading, or transferring any firearm owned by the dealer but not in his inventory to any other person, a dealer may require such other person to consent to have the dealer obtain criminal history record information to determine if such other person is prohibited from establish policies and procedures in accordance with 28 C.F.R.
The Department of State Police shall establish policies and procedures in accordance with 28 C.F.R.
Except as provided in subdivisions 1 and 2, it shall be is unlawful for any person who is not a of this subsection, "purchase" does not include the exchange or replacement of a handgun by a seller for a handgun purchased from such seller by the same person seeking the exchange or replacement within the 30-day period immediately preceding the date of exchange or replacement.
Except as provided in subdivisions 1 and 2, it shall be is unlawful for any person who is not a licensed firearms dealer to purchase more than one handgun within any 30-day period.
For the purposes of this subsection, "purchase" does not include the exchange or replacement of a handgun by a seller for a handgun purchased from such seller by the same person seeking the exchange or replacement within the 30-day period immediately preceding the date of exchange or replacement.
H 1.
1.
Purchases in excess of one handgun within a 30-day period may be made upon completion of 1n State Police listing the number and type of handguns to be purchased and transferred for lawful business or personal use, in a collector series, for collections, as a bulk purchase from estate sales, and for similar purposes.
Purchases in excess of one handgun within a 30-day period may be made upon completion of an State Police listing the number and type of handguns to be purchased and transferred for lawful business or personal use, in a collector series, for collections, as a bulk purchase from estate sales, and for similar of 11 purposes.
The SB2H1 8 of 11 Superintendent of State Police shall promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of an application process for purchases of handguns above the limit.
The Superintendent of State Police shall promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of an application process for purchases of handguns above the limit.
B.
of 11 B.
Prior to permitting an applicant to begin employment, the dealer shall obtain a written statement or affirmation from the applicant that he is not disqualified from possessing a firearm and shall submit the applicant's fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant.
Prior to permitting an applicant to begin employment, the dealer shall obtain a written statement or affirmation from the applicant that he is not disqualified from possessing a firearm and shaEl submit the applicant's fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant.
of 11 employed before July 1, 2000, to act as a seller under § 18.2-308.2:2 that they are not disqualified from possessing a firearm.
R C.
Within five working days of the employee's next birthday, after August 1, 2000, the dealer shall submit the employee's fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the request.
Prior to August 1, 2000, the dealer shall obtain written statements or affirmations from persons possessing a firearm.
firearms license (FFL) issued by the Bureau of Alcohol, Tobacco and Firearms (ATF) may submit afederal sworn and notarized affidavit to the Department of State Police on a form provided by the Department, stating that the dealer has been subjected to a record check prior to the issuance and that the FFL was issued by the ATF.
Within five working days of the employee's next birthday, after August 1, 2000,from the dealer shall submit the employee's fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the request.
The affidavit may also contain the names of any employees that have been subjected to a record check and approved by the ATF.
L C1.
This exemption shall apply regardless of whether the FFL FFL number, state the name of each person requesting the exemption, together with each person'sn the valid identifying information, including their social security number and the following statement:
In lieu of submitting fingerprints pursuant to this section, any dealer holding a valid Eederal 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, stating that the dealer has been subjected to a record check prior to the issuance and that the FFL was issued by the ATF.
"I hereby swear, under the penalty of perjury, that as a condition of obtaining a federal firearms license, each person requesting an exemption in this affidavit has been subjected to a fingerprint identification check by the Bureau of Alcohol, Tobacco and Firearms and the Bureau of Alcohol, Tobacco and Firearms O understand that any person convicted of making a false statement in this affidavit is guilty ofUa Class 5 felony and that in addition to any other penalties imposed by law, a conviction under this section shall result in the forfeiture of my federal firearms license." S D.
The affidavit may also contain the names of any employees that have been subjected was issued in the name of the dealer or in the name of the business.
The Department of State Police, upon receipt of an individual's record or notification that no record exists, shall submit an eligibility report to the requesting dealer within 30 days of thE applicant employed prior to July 1, 2000.ployees or within 30 days of the applicant's birthday for a person E.
The affidavit shall contain the valid FFL number, state the name of each person requesting the exemption, together with each person's identifying information, including their social security number and the following statement:
If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Sriminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the Federal Bureau of Investigation.
"I hereby swear, under the penalty of perjury, that as a condition of obtaining a federal firearms licensS, each person requesting an exemption in this affidavit has been subjected to a fingerprint identifica2ion check by the Bureau of Alcohol, Tobacco and Firearms and the Bureau of Alcohol, Tobacco and Firearms R subsequently determined that each person satisfied the requirements of 18 U.S.C.
The information pUovided to F.
§ 921 et seq.
The applicant shall bear the cost of obtaining the criminal history record unless the dealer, at his option, decides to pay such cost.
I understand that any person convicted of making a false statement in this affidavit is guilty of a Class 5 felony and that in addition to any other penalties imposed by law, a conviction under this section shall result in the forfeiture of my federal firearms license." record exists, shall submit an eligibility report to the requesting dealer within 30 days of the applicant beginning his duties for new employees or within 30 days of the applicant's birthday for a person employed prior to July 1, 2000.
S G.
E.
If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the Federal Bureau of Investigation.
The information provided to the dealer shall not be disseminated except as provided in this section.
F.
The applicant shall bear the cost of obtaining the criminal history record unless the dealer, at his optG.
Beginning September 1, 2001, the firearm seller's signature, firearm seller's number and the dealer's identification number shall be on all fireaIm discovered.
Beginning September 1, 2001, the firearm seller's signature, firearm seller's number and the dealer's identification number shall be on all firearm transaction forms.
The State Police may suspend a firearm seller's identification number upon the arrest of thes firearm seller for a potentially disqualifying crime.
The State Police shall void the firearm seller's number when a disqualifying record is discovered.
T H.
The State Police may suspend a firearm seller's identification number upon the arrest of the firearm seller for a potentially disqualifying crime.
H.
T I.
I.
violation of this section shall be is guilty of a Class 1 misdemeanor.act as a firearm seller in K.
Any dealer who willfully and knowingly employs or permits a person to act as a firearm seller in violation of this section shall be is guilty of a Class 1 misdemeanor.
K.
B L.
L.
The provisions of this section requiring a seller's background check shall not apply to aHlicensed dealer.
The provisions of this section requiring a seller's background check shall not apply to a licensed deaM.
1 subdivision C 1 shall be is guilty of a Class 5 felony.a false statement in the affidavit as set out in N.
Any person who willfully and intentionally makes a false statement in the affidavit as set out in subdivision C 1 shall be is guilty of a Class 5 felony.
of 11 N.
SB2H1 10 of 11 "Place of business" means any place or premises where a dealer may lawfully transfer firearms.
"Place of business" means any place or premises where a dealer may lawfully transfer firearms.
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;
Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting of 11 range or firearms educational class, provided that the weapons are unloaded while being transported;
3.
provided that the weapons are unloaded while being transported;
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 from a hunting area or presErve, 4.
and 4.
§ 18.2-309.1.
R § 18.2-309.1.
of 11 A.
A.
As used in this section, a "large capacity ammunition feeding device" means a magazine, belt, can be readily restored or converted to accept, more than 10 rounds of ammunition but does not includethat an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition.
As used in this section, a "large capacity ammunition feeding device" means a magazine, bOlt, can be readily restored or converted to accept, more than 10 rounds of ammunition but does not includethat an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition.
guilty of a Class 1 misdemeanor.lls, barters, or transfers a large capacity ammunition feeding device is C.
L B.
The provisions of this section shall not apply to the manufacture by, transfer to, or possession of a large capacity ammunition feeding device by the Commonwealth or a department, agency, or political device by a law-enforcement officer employed by such an entity for purposes of law enforcement, or possession of a large capacity ammunition feeding device by an individual who is retired from service with a law-enforcement agency and is not otherwise prohibited from receiving ammunition transferred to the§ 19.2-386.28.
Any person who imports, sells, barters, or transfers a large capacity ammunition feeding Eevice is guilty of a Class 1 misdemeanor.
Forfeiture of weapons that are concealed, possessed, transported, or carried in violation of law.
D C.
H Any If any firearm, stun weapon as defined by § 18.2-308.1, or any weapon, magazine, or trigger 18.2-287.4, 18.2-287.4:1, 18.2-287.4:2, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4, 18.2-308.1:8,87.01, 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, 18U2-308.7, or 18.2-308.8, or 18.2-309.1, it shall be forfeited to the Commonwealth and disposed of as provided in 2.
The provisions of this section shall not apply to the manufacture by, transfer to, or possession of subdivision of the Commonwealth, transfer to or possession of a large capacity ammunition feedingcal device by a law-enforcement officer employed by such an entity for purposes of law enforcement, or possession of a large capacity ammunition feeding device 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 agency upon his retirement.
That the provisions of this act may result in a net increase in periods of imprisonment or S commitment.
violation of law.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the E necessary appropriation cannot be determined for periods of imprisonment in state adult requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact ofssion I, $50,000.
Forfeiture of weapons that are concealed, possessed, transported, or carried Bn Any If any firearm, stun weapon as defined by § 18.2-308.1, or any weapon, magazine, or trigger activator is concealed, possessed, transported, or carried in violation of § 18.2-283.1, 18.2-287.01, 18.2-287.4, 18.2-287.4:1, 18.2-287.4:2, 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 as provided in 2.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessaryS appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
That the provisions of this act may result in a net increase in periods of imprisonment or commitment.
U B S T I T U T E B H 1
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities;
therefore, Chapter 1 of the Acts of Assembly of 2023, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary of Juvenile Justice.
be determined for periods of commitment to the custody of the Department
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