SB581: Minors; allowing access to firearms, Class 6 felony.


SENATE BILL NO. 581
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on the Judiciary
on February 3, 2020)
(Patron Prior to Substitute--Senator Howell)
A BILL to amend and reenact § 18.2-56.2 of the Code of Virginia, relating to allowing access to firearms by minors; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-56.2 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-56.2. Allowing access to firearms by minors; penalty.

A. It shall be is unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child person under the age of fourteen 18. Any person violating the provisions of this subsection shall be is guilty of a Class 3 1 misdemeanor.

This subsection shall not apply to conduct in the course of hunting and trapping, as defined in § 29.1-100, by lawful means and in a lawful manner.

B. It shall be is unlawful for any person knowingly to authorize a child under the age of twelve 12 to use a firearm except when the child is under the supervision of an adult. Any person violating this subsection shall be is guilty of a Class 1 misdemeanor. For purposes of this subsection, "adult" shall mean means a parent, guardian, person standing in loco parentis to the child, or a person twenty-one 21 years of age or over older who has the permission of the parent, guardian, or person standing in loco parentis to supervise the child in the use of a firearm.

SENATE BILL NO. 581

Offered January 8, 2020
Prefiled January 7, 2020
A BILL to amend and reenact § 18.2-56.2 of the Code of Virginia, relating to allowing access to firearms by minors; penalty.
Patron-- Howell

Referred to Committee on the Judiciary

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-56.2 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-56.2. Allowing access to firearms by minors; penalty.

A. It shall be is unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child person under the age of fourteen 18. Any person violating the provisions of this subsection shall be is guilty of a Class 3 misdemeanor 6 felony.

B. It shall be is unlawful for any person knowingly to authorize a child under the age of twelve 12 to use a firearm except when the child is under the supervision of an adult. Any person violating this subsection shall be is guilty of a Class 1 misdemeanor. For purposes of this subsection, "adult" shall mean means a parent, guardian, person standing in loco parentis to the child, or a person twenty-one 21 years of age or over older who has the permission of the parent, guardian, or person standing in loco parentis to supervise the child in the use of a firearm.

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 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.