SB13: Capitol Square; possessing or transporting a weapon within Square, penalty.

SENATE BILL NO. 13

Offered January 8, 2020
Prefiled November 18, 2019
A BILL to amend the Code of Virginia by adding a section numbered 18.2-283.2, relating to possessing or transporting a weapon within Capitol Square; penalty.
Patrons-- Ebbin; Delegate: Kory

Referred to Committee on the Judiciary

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-283.2 as follows:

§ 18.2-283.2. Possessing or transporting a weapon within Capitol Square; penalty.

A. For the purposes of this section, "Capitol Square" means the grounds and the interior and exterior of all buildings in that area in the City of Richmond bounded by Bank, Governor, Broad, and Ninth Streets. "Capitol Square" includes the grounds and the interior and exterior of all buildings owned or leased by the Commonwealth or an agency thereof that border such boundary streets.

B. It is unlawful for any person to possess or transport within Capitol Square any (i) firearm or other weapon designed or intended to propel a missile or projectile of any kind; (ii) frame, receiver, muffler, silencer, missile, projectile, or ammunition designed for use with a dangerous weapon; or (iii) other dangerous weapon, including explosives, stun weapons as defined in § 18.2-308.1, and those weapons specified in subsection A of § 18.2-308. A violation of this section is punishable as a Class 1 misdemeanor. Any weapon or item possessed or transported in violation of this section shall be subject to seizure by a law-enforcement officer and forfeited to the Commonwealth and disposed of as provided in § 19.2-386.28.

C. The provisions of this section shall not apply to any law-enforcement officer as defined in § 9.1-101, conservator of the peace, magistrate, court officer, judge, county or city treasurer, commissioner or deputy commissioner of the Virginia Workers' Compensation Commission, authorized security personnel, or active military personnel while in the conduct of such person's official duties. Additionally, any person who uses a knife or blade customarily in his trade may lawfully possess such knife or blade while in the conduct of such person's official duties within Capitol Square.

D. Notice of the provisions of this section shall be posted conspicuously at each public entrance to the grounds of Capitol Square and each building owned or leased by the Commonwealth or any agency thereof that is within Capitol Square. No person shall be convicted of an offense under subsection B if such notice is not so posted at such building, unless such person had actual notice of the prohibitions in subsection B.

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 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.