Virginia House Bill NO. 2 2024 Session

 

Overview of HB No. 2:

 

1. § 15.2-915.5. Allows localities and agents to participate in voluntary gun buy-back or give-back program for the surrendering of an assault firearm without having to first pass an ordinance.

 

2. § 18.2-287.4:1. Makes it illegal (Class 1 misdemeanor) for a person to import, sell, manufacture, possess, transport or transfer an assault firearm unless they:

 

(i) work for the government or the US military , are authorized to acquire and possess an assault firearm, and are acting in the scope of their duties;

(ii) are a licensed manufacturer making the assault firearm to sell to the US military or Virginia law enforcement agency; or

(iii) are a licensed dealer transferring the assault firearm to the US military or Virginia law enforcement agency.

 

3. § 18.2-287.4:2. Makes it illegal (Class 1 misdemeanor) for a person under the age of 21 to import, sell, manufacture, possess, transport or transfer an assault firearm, including assault firearms manufactured before July 1, 2024, unless they:

 

(i) work for the government or the US military, are authorized to acquire and possess an assault firearm, and are acting in the scope of their duties;

(ii) are a licensed manufacturer making the assault firearm to sell to the US military or Virginia law enforcement agency; or

(iii) are a licensed dealer transferring the assault firearm to the US military or Virginia law enforcement agency.

 

4. § 18.2-308.1:9. Makes it a crime (Class 1 misdemeanor) for any person to knowingly and intentionally purchases, possesses, or transports any firearm following a conviction for a violation of the Importation, sale, possession, etc., of assault firearms under § 18.2-287.4:1 or 18.2-287.4:2

 

Any person convicted of a the Importation, sale, possession, etc., of assault firearms under § 18.2-287.4:1, § 18.2-287.4:2, or § 18.2-308.1:9 (this section) shall be prohibited from purchasing, possessing, or transporting a firearm for three years following the date of such conviction.

 

After the three years, 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.

 

5. § 18.2-308.09. Individuals prohibited from possessing a firearm pursuant to § 18.2-308.1:9 are disqualified from obtaining a handgun permit.

 

6. § 18.2-308.2:1. Makes it a crime (Class 1 misdemeanor) to sell, barter, give, or furnish any firearm to any person known to be prohibited from purchasing, possessing, or transporting a firearm pursuant to 18.2-308.1:9

 

7. § 18.2-308.2:2.

 

1. Changes the law to require that any person purchasing an assault firearm from a dealer be 21 years of age or older.
2. Requires that a dealer verify that a resident of Virginia is 21 or older before selling, renting, trading, or transferring from his inventory an assault firearm.
3. Adds the provision that no dealer shall sell, rent, trade, or transfer from his inventory any 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 is designed by the manufacturer to accommodate a silencer or is equipped with a folding stock to any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence. (This is in addition to the current law that a dealer cannot sell, rent, trade, or transfer from his inventory any assault firearm to a person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence.)
4. Changes the definition of “Assault firearm” to mean:

 

• A semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material with a fixed magazine capacity in excess of 10 rounds;

 

• 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);

 

• A semi-automatic center-fire pistol 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 second handgrip or a protruding grip that can be held by the non-trigger hand;

(iii) the capacity to accept a magazine that attaches to the pistol outside of the pistol grip;

(iv) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the pistol with the non-trigger hand without being burned;

(v) a threaded barrel capable of accepting (a) a sound suppressor, (b) a flash suppressor, (c) a barrel extender, or (d) a forward handgrip; or

(vi) any characteristic of like kind as enumerated in clauses (i) through (v);

 

• 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

 

• A shotgun with a magazine that will hold more than 7 rounds of the shortest ammunition for which it is chambered.

 

• An “assault firearm” does not include any firearm that is an antique firearm, has been rendered permanently inoperable, is manually operated by bolt, pump, lever, or slide action, or was manufactured before July 1, 2024.

 

1. Prohibits persons under the age of 21 from purchasing an assault firearm from a dealer.

 

21. Prohibits dealers from selling, renting, trading, or transferring from his inventory an assault rifle to any person under the age of 21.

 

8. § 18.2-308.2:5. Makes it a crime (Class 1 misdemeanor) for a person to willfully and intentionally (i) sell an assault firearm to another person or (ii) purchases an assault firearm from another person.

 

9. § 18.2-309.1.

 

1. Defines a “large capacity ammunition feeding device” to mean:

 

(i) a magazine, belt, drum, feed strip, or similar device manufactured on or after July 1, 2024,

(ii) that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition,

(iii) but does not include an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition.

 

1. Makes it a crime (Class 1 misdemeanor) for any person to import, sell, barter, or transfer a large capacity ammunition feeding device.

 

1. However, It shall not be a crime for:

 

(i) the state of Virginia or a department, agency, or political subdivision of the Commonwealth to manufacture, transfer, or possess large capacity ammunition feeding devices;

(ii) a law-enforcement officer employed by the state of Virginia or a department, agency, or political subdivision of the Commonwealth to be transferred, or possess, a large capacity ammunition feeding device; or

(iii) 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 to possess a large capacity ammunition feeding device.

 

• 19.2-386.28. Forfeiture of weapons that are concealed, possessed, transported, or carried in 625 violation of law.

 

Adds magazine and trigger activator to those items which if concealed, possessed, transported, or carried in violation of § 18.2-283.1, 18.2-287.01, 628 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, 629 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, 630 or 18.2-308.8, or 18.2-309.1, shall be forfeited to the Commonwealth and disposed of.