SB1109: Firearms; prohibiting selling, etc., to certain persons.

SENATE BILL NO. 1109

Offered January 9, 2013
Prefiled January 9, 2013
A BILL to amend and reenact  18.2-308.2:1 of the Code of Virginia, relating to prohibiting the selling, etc., of firearms to certain persons; penalty.
----------
Patron-- Ebbin
----------
Referred to Committee for Courts of Justice
----------

Be it enacted by the General Assembly of Virginia:

1.  That  18.2-308.2:1 of the Code of Virginia is amended and reenacted as follows:

18.2-308.2:1. Prohibiting the selling, etc., of firearms to certain persons.

Any person who sells, barters, gives or furnishes, or has in his possession or under his control with the intent of selling, bartering, giving or furnishing, any firearm to any person he knows is prohibited from possessing or transporting a firearm pursuant to 18.2-308.1:1, 18.2-308.1:2, 18.2-308.1:3, or 18.2-308.2, subsection B of 18.2-308.2:01, or 18.2-308.7 shall be guilty of a Class 6 felony. However, this prohibition shall not be applicable when the person convicted of the felony, adjudicated delinquent or, acquitted by reason of insanity, found to be legally incompetent or mentally incapacitated, ordered into involuntary inpatient or outpatient treatment, or who was the subject of a temporary detention order and subsequently agreed to voluntary admission has (i) been issued a permit pursuant to subsection C of 18.2-308.2 or been granted relief pursuant to subsection B of 18.2-308.1:1, subsection B of 18.2-308.1:2, or subsection B of 18.2-308.1:3; (ii) been pardoned or had his political disabilities removed in accordance with subsection B of 18.2-308.2; or (iii) obtained a permit to ship, transport, possess or receive firearms pursuant to the laws of the United States.

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; therefore, Chapter 3 of the Acts of Assembly of 2012, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to  30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.