Bill Text: VA SB389 | 2012 | Regular Session | Engrossed
Bill Title: Pneumatic gun ordinance; allows locality to prohibit possession on school property, etc., exception.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-02-24 - House: Tabled in Militia, Police and Public Safety by voice vote [SB389 Detail]
Download: Virginia-2012-SB389-Engrossed.html
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12101272D
Be it enacted by the General Assembly of Virginia: 1. That § 15.2-915.4 of the Code of Virginia is amended and reenacted as follows: §15.2-915.4. Counties, cities and towns authorized to regulate use of pneumatic guns. A. A locality may prohibit, by ordinance, the shooting of pneumatic guns in any areas of the locality that are in the opinion of the governing body so heavily populated as to make such conduct dangerous to the inhabitants thereof, and may require supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian of any minor below the age of 16 in all uses of pneumatic guns on private or public property. In addition, a locality may prohibit, by ordinance, the possession of pneumatic guns on (i) the property of any public, private or religious elementary, middle, or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; and (iii) any school bus owned or operated by such school. The ordinance may specify that minors above the age of 16 may, with the written consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the local governing body or on private property with the consent of the owner. The ordinance may specify that any minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use. Any penalty for a pneumatic gun offense set forth in such an ordinance shall not exceed a Class 3 misdemeanor. B. No such ordinance authorized by subsection A shall prohibit the use of pneumatic guns at facilities approved for shooting ranges, on other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property. No ordinance authorized by subsection A shall prohibit the possession or use of pneumatic guns (i) by any law-enforcement officer or (ii) by persons who possess pneumatic guns as part of the school's curriculum or activities or as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school property. [ No ordinance authorized by subsection A shall prohibit the possession of any pneumatic gun that is in a closed container in or upon a motor vehicle that is on property encompassed in provisions (i) or (ii) of subsection A. ] C. Training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, Junior Reserve Officers Training Corps instructor, or a certified instructor. Training of minors above the age of 16 may also be done without direct supervision if approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Ranges and instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, or any person authorized by these authorities to certify ranges and instructors. D. Commercial or private areas designated for use of pneumatic paintball guns may be established and operated for recreational use. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs must be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use. E. As used in this section, "pneumatic gun" means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact. |
