Bill Text: VA HB175 | 2024 | Regular Session | Enrolled
Bill Title: Assault firearms; carrying in public areas prohibited, penalty.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2024-04-17 - House sustained Governor's veto [HB175 Detail]
Download: Virginia-2024-HB175-Enrolled.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-287.4 of the Code of Virginia is amended and reenacted as follows:
§18.2-287.4. Carrying assault firearms in public areas prohibited; penalty.
It shall be is unlawful for any person to carry
a loaded (a) any of the following on or about his person on any public
street, road, alley, sidewalk, or public right-of-way or in any public park or
any other place of whatever nature that is open to the public:
1. A semi-automatic center-fire rifle or pistol
that 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 that will hold more than 20 rounds of ammunition or designed by the
manufacturer to accommodate a silencer or equipped with a folding stock or (b)
with a fixed magazine capacity in excess of 10 rounds;
2. A semi-automatic center-fire rifle that expels single or multiple projectiles by action of an explosion of a combustible material that has the ability to accept a detachable magazine and has one of the following characteristics: (i) a folding, telescoping, or collapsible stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the rifle; (iii) a second handgrip or a protruding grip that can be held by the non-trigger hand; (iv) a grenade launcher; (v) a flare launcher; (vi) a sound suppressor; (vii) a flash suppressor; (viii) a muzzle brake; (ix) a muzzle compensator; (x) a threaded barrel capable of accepting (a) a sound suppressor, (b) a flash suppressor, (c) a muzzle brake, or (d) a muzzle compensator; or (xi) any characteristic of like kind as enumerated in clauses (i) through (x);
3. A semi-automatic shotgun that expels single or multiple projectiles by action of an explosion of a combustible material that has one of the following characteristics: (i) a folding, telescoping, or collapsible stock, (ii) a pistol grip that protrudes conspicuously beneath the action of the shotgun, (iii) the ability to accept a detachable magazine, (iv) a fixed magazine capacity in excess of seven rounds, or (v) any characteristic of like kind as enumerated in clauses (i) through (iv); or
4. A shotgun with a magazine that will hold more than
seven rounds of the longest shortest ammunition for which it is
chambered on or about his person on any public street, road, alley,
sidewalk, public right-of-way, or in any public park or any other place of
whatever nature that is open to the public in the Cities of Alexandria,
Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia
Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince
William.
The provisions of this section shall not apply to
law-enforcement officers, licensed security guards, in the
performance of their lawful duties, military personnel in the performance
of their lawful duties, or any person having a valid concealed handgun
permit any member of a cadet corps who is recognized by a public
institution of higher education while such member is in the performance of
sanctioned military training or such member is participating in an official
ceremonial event for the Commonwealth, or to any person actually
engaged in lawful hunting or lawful recreational shooting activities at an
established shooting range or shooting contest. The provisions of this
section shall not apply to a firearm that has been rendered permanently
inoperable, an antique firearm as defined in §18.2-308.2:2, or a curio or
relic as defined in §18.2-308.2:2.
Any person violating the provisions of this section shall
be is guilty of a Class 1 misdemeanor.
The Except for the exemption in subdivision C 2 of §
18.2-308, the exemptions set forth in §§ § 18.2-308 and
18.2-308.016 shall apply, mutatis mutandis, to the provisions of this
section.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. 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 appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
