SB1444: Restricted firearm ammunition; use or attempted use in the commission of a crime, penalty.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-308.3 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-308.3. Use or attempted use of restricted ammunition in commission or attempted commission of crimes prohibited; penalty.
A. When used in this section:
"Restricted firearm ammunition" applies to
bullets, projectiles or other types of ammunition that are: (i) coated with or
contain, in whole or in part, polytetrafluorethylene or a similar product, (ii)
commonly known as "KTW" bullets or "French Arcanes," or
(iii) any cartridges containing bullets coated with a plastic substance with
other than lead or lead alloy cores, jacketed bullets with other than lead or
lead alloy cores, or cartridges of which the bullet itself is wholly comprised
of a metal or metal alloy other than lead means any ammunition that has
been banned or prohibited from commercial sale by the U.S. Bureau of Alcohol,
Tobacco, Firearms and Explosives or under federal law.This definition
shall not be construed to include shotgun shells or solid plastic bullets.
B. It shall be is unlawful for any person to
knowingly use or attempt to use restricted firearm ammunition while committing
or attempting to commit a crime. Violation of this section shall constitute a
separate and distinct felony and any person found guilty thereof shall be
is guilty of a Class 5 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 is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
SENATE BILL NO. 1444
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-308.3 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-308.3. Use or attempted use of restricted ammunition in commission or attempted commission of felonies prohibited; penalty.
A. When used in this section:
"Restricted firearm ammunition" applies to bullets,
projectiles or other types of ammunition that are:
(i) coated with or contain, in whole or in part, polytetrafluorethylene or a
similar product,;
(ii) commonly known as "KTW" bullets or, "French Arcanes,"
or "pinched tip" bullets; or
(iii) any cartridges containing bullets coated with a plastic substance with
other than lead or, lead alloy, or copper cores, jacketed
bullets with other than lead or, lead alloy, or copper cores, or
cartridges of which the bullet itself is wholly comprised of a metal or metal
alloy other than lead or copper.
This definition shall not be construed to include shotgun shells or solid
plastic bullets.
"Use or attempt to use restricted firearm ammunition" refers to an attempted or actual discharge of restricted ammunition and does not include mere possession of such ammunition.
B. It shall be unlawful for any person to knowingly use or
attempt to use restricted firearm ammunition while committing or attempting to
commit a crime felony.
Violation of this section shall constitute a separate and distinct felony and
any person found guilty thereof shall be guilty of a Class 5 felony.
C. Notwithstanding the provisions of subsection A, if any ammunition has been approved by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives for commercial sale, such ammunition is not restricted firearm ammunition.
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 $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.