Bill Text: VA HB2141 | 2023 | Regular Session | Prefiled
Bill Title: Owners of firearms; use of firearm by minor in commission of crime or to cause bodily injury.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2023-02-07 - Left in Courts of Justice [HB2141 Detail]
Download: Virginia-2023-HB2141-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 18.2-56.3 as follows:
§18.2-56.3. Owner of firearm; use of firearm by minor in commission of crime or to cause bodily injury; penalty.
A. As used in this section:
"Close proximity" means within any real or personal property where a minor and a firearm are present, including a dwelling where the minor is a resident or guest, a boat, or a motor vehicle.
"Owner of a firearm" means any person who purchased, received as a gift, or otherwise acquired a firearm.
B. If the owner of a firearm allows a minor to possess his firearm as authorized by law and such minor uses such firearm (i) in the commission of a crime or (ii) to intentionally or with gross negligence cause bodily injury to himself or another person, such owner of a firearm is guilty of a Class 1 misdemeanor.
C. If the owner of a firearm knows or reasonably should know that a minor is in close proximity to his firearm in such a manner as to allow such minor to possess or transport such firearm in violation of §18.2-308.7 and such minor uses such firearm (i) in the commission of a crime or (ii) in such a manner as to cause bodily injury to himself or another person, such owner of a firearm is guilty of a Class 1 misdemeanor.
D. If the owner of a firearm knows or reasonably should have known that such minor who accesses his firearm pursuant to subsection B or C has been charged with or convicted of or adjudicated delinquent of a crime of violence as defined in § 18.2-288 or has been the subject of a school-initiated threat assessment, such owner of a firearm is guilty of a Class 5 felony.
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 2 of the Acts of Assembly of 2022, 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 is $0 for periods of commitment to the custody of the Department of Juvenile Justice.
