HB2528: Disposition of firearms; no participation in program if individuals are given valuable in exchange.


HOUSE BILL NO. 2528
House Amendments in [ ] -- February 9, 2009
A BILL to amend the Code of Virginia by adding a section numbered 15.2-915.5, relating to disposition of firearms.
Patron Prior to Engrossment--Delegate Cole

Referred to Committee on Militia, Police and Public Safety

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 15.2-915.5 as follows:

15.2-915.5.  Disposition of firearms acquired by localities.

A. No locality, or agent of such locality, may participate in any program in which individuals are given a thing of value provided by another individual or other entity in exchange for surrendering a firearm to the locality, or agent of such locality, unless the governing body of the locality has enacted an ordinance, pursuant to 15.2-1425, authorizing the participation of the locality, or agent of such locality, in such program.

B. Any ordinance enacted pursuant to this section shall require that any firearm received, except a firearm of the type defined in 18.2-288 or 18.2-299, shall be [ sold offered for sale ] by public auction, or sealed bids, to a person licensed as a dealer pursuant to 18 U.S.C. 921 et seq. Notice of the date, time, and place of sale shall be given by advertisement in at least two newspapers published and having general circulation in the Commonwealth, at least one of which shall have general circulation in the locality in which the property to be sold is located. At least 30 days shall elapse between publication of the notice and the auction or the date on which sealed bids will be opened. [ Any firearm remaining in possession of the locality or agent of the locality after attempts to sell at public auction or by sealed bids shall be disposed of in an appropriate manner. ]

HOUSE BILL NO. 2528
Offered January 16, 2009
A BILL to amend the Code of Virginia by adding a section numbered 15.2-915.5, relating to disposition of firearms.
Patron-- Cole

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 15.2-915.5 as follows:

15.2-915.5. Disposition of firearms acquired by localities.

A. No locality, or agent of such locality, may participate in any program in which individuals are given a thing of value provided by another individual or other entity in exchange for surrendering a firearm to the locality, or agent of such locality, unless the governing body of the locality has enacted an ordinance, pursuant to 15.2-1425, authorizing the participation of the locality, or agent of such locality, in such program.

B. Any ordinance enacted pursuant to this section shall require that any firearm received, except a firearm of the type defined in 18.2-288 or 18.2-299, shall be sold by public auction, or sealed bids, to a person licensed as a dealer pursuant to 18 U.S.C. 921 et seq. Notice of the date, time, and place of sale shall be given by advertisement in at least two newspapers published and having general circulation in the Commonwealth, at least one of which shall have general circulation in the locality in which the property to be sold is located. At least 30 days shall elapse between publication of the notice and the auction or the date on which sealed bids will be opened.