HB1741: Firearms; possession or transportation thereof by persons under the age of 18, penalty.
Be it enacted by the General Assembly of Virginia:
1. That 18.2-308.7 of the Code of Virginia is amended and reenacted as follows:
18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.
It shall be unlawful for any person under 18 years of age to
knowingly and intentionally possess or transport a handgun or assault firearm
anywhere in the Commonwealth. For the purposes of this section,
"handgun" means any pistol or revolver or other firearm originally
designed, made and intended to fire single or multiple projectiles by means of
an explosion of a combustible material from one or more barrels when held in
one hand and "assault firearm" means any (i) semi-automatic
centerfire rifle or pistol which 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 which will hold more than 20 rounds of ammunition
or designed by the manufacturer to accommodate a silencer or equipped with a
folding stock or (ii) shotgun with a magazine which will hold more than seven
rounds of the longest ammunition for which it is chambered. A violation of this
section shall be a Class 1 misdemeanor 6 felony.
This section shall not apply to:
1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;
2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;
3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and
4. Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state.
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 is $1,847 for periods of imprisonment in state adult correctional facilities and $2,249,098 for periods of commitment to the custody of the Department of Juvenile Justice.