HB2004: Firearm silencer; shifts burden of proof that firearm is registered from State to defendant.

HOUSE BILL NO. 2004
Offered January 14, 2009
Prefiled January 13, 2009
A BILL to amend and reenact 18.2-308.6 of the Code of Virginia, relating to firearm silencer registration.
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Patron-- Crockett-Stark
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:

1. That 18.2-308.6 of the Code of Virginia is amended and reenacted as follows:

18.2-308.6. Possession of unregistered firearm mufflers or silencers prohibited; penalty.

It shall be unlawful for any person to possess any firearm muffler or firearm silencer which is not ; however, it shall be an affirmative defense to a prosecution under this section that the muffler or silencer is registered to him in the National Firearms Registration and Transfer Record. A violation of this section shall be punishable as a Class 6 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, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for for periods of commitment to the custody of the Department of Juvenile Justice.

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