HB1306: Firearms; removing, altering, etc., serial number, selling, etc., or possessing.


HOUSE BILL NO. 1306
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on the Judiciary
on February 21, 2022)
(Patron Prior to Substitute--Delegate Simon)
A BILL to amend and reenact § 18.2-311.1 of the Code of Virginia, relating to removing, altering, etc., serial number on firearm; selling, giving, etc., or possessing firearm with removed, altered, etc., serial number; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-311.1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-311.1. Removing, altering, etc., serial number or other identification on firearm; distributing or possessing firearm without serial number.

Any A. It is unlawful for any person, firm, association, or corporation who or which to intentionally removes, defaces, alters, changes, destroys or obliterates remove, alter, change, destroy, or obliterate in any manner or way or who or which causes cause to be removed, defaced, altered, changed, destroyed, or obliterated in any manner or way the name of the maker, model, manufacturer's or serial number, or any other mark or any other identification required by federal law on any pistol, shotgun, rifle, machine gun, or any other firearm shall be guilty of. A violation of this subsection is a Class 1 misdemeanor.

B. It is unlawful for any person, firm, association, or corporation to knowingly possess any pistol, shotgun, rifle, machine gun, or any other firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner. A violation of this subsection is a Class 1 misdemeanor.

C. It is unlawful for any person, firm, association, or corporation to knowingly sell, give, or distribute any pistol, shotgun, rifle, machine gun, or any other firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner. A violation of this subsection is a Class 6 felony.

D. The provisions of this section shall not apply to antique firearms as defined in § 18.2-308.2:2.

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 552 of the Acts of Assembly of 2021, Special Session I, 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.


HOUSE BILL NO. 1306
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Public Safety)
(Patron Prior to Substitute--Delegate Simon)
House Amendments in [ ] – February 10, 2022
A BILL to amend and reenact § 18.2-311.1 of the Code of Virginia, relating to removing, altering, etc., serial number on firearm; selling, giving, etc., or possessing firearm with removed, altered, etc., serial number; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-311.1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-311.1. Removing, altering, etc., serial number or other identification on firearm; distributing or possessing firearm without serial number.

Any A. It is unlawful for any person, firm, association, or corporation who or which to intentionally removes, defaces, alters, changes, destroys or obliterates remove, alter, change, destroy, or obliterate in any manner or way or who or which causes to cause to be removed, defaced, altered, changed, destroyed, or obliterated in any manner or way the name of the maker, model, manufacturer's or serial number, or any other mark or identification required by federal law on any pistol, shotgun, rifle, machine gun, or any other firearm shall be guilty of. A violation of this subsection is a Class 1 misdemeanor.

B. It is unlawful for any person, firm, association, or corporation to knowingly possess any pistol, shotgun, rifle, machine gun, or any other firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner. A violation of this subsection is a Class 1 misdemeanor.

C. It is unlawful for any person, firm, association, or corporation to knowingly sell, give, or distribute any pistol, shotgun, rifle, machine gun, or any other firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner. A violation of this subsection is a Class 1 misdemeanor.

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.

 [ 3. That the provisions of this act shall not become effective unless reenacted by the 2023 Session of the General Assembly. ]


HOUSE BILL NO. 1306
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Public Safety
on February 4, 2022)
(Patron Prior to Substitute--Delegate Simon)
A BILL to amend and reenact § 18.2-311.1 of the Code of Virginia, relating to removing, altering, etc., serial number on firearm; selling, giving, etc., or possessing firearm with removed, altered, etc., serial number; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-311.1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-311.1. Removing, altering, etc., serial number or other identification on firearm; distributing or possessing firearm without serial number.

Any A. It is unlawful for any person, firm, association, or corporation who or which to intentionally removes, defaces, alters, changes, destroys or obliterates remove, alter, change, destroy, or obliterate in any manner or way or who or which causes to cause to be removed, defaced, altered, changed, destroyed, or obliterated in any manner or way the name of the maker, model, manufacturer's or serial number, or any other mark or identification required by federal law on any pistol, shotgun, rifle, machine gun, or any other firearm shall be guilty of. A violation of this subsection is a Class 1 misdemeanor.

B. It is unlawful for any person, firm, association, or corporation to knowingly possess any pistol, shotgun, rifle, machine gun, or any other firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner. A violation of this subsection is a Class 1 misdemeanor.

C. It is unlawful for any person, firm, association, or corporation to knowingly sell, give, or distribute any pistol, shotgun, rifle, machine gun, or any other firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner. A violation of this subsection is a Class 1 misdemeanor.

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.

HOUSE BILL NO. 1306

Offered January 21, 2022
A BILL to amend and reenact § 18.2-311.1 of the Code of Virginia, relating to removing, altering, etc., serial number on firearm; selling, giving etc., or possessing firearm with removed, altered, etc., serial number; penalty.
Patron-- Simon

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-311.1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-311.1. Removing, altering, etc., serial number or other identification on firearm; distributing or possessing firearm without serial number.

Any A. It is unlawful for any person, firm, association, or corporation who or which to intentionally removes, defaces, alters, changes, destroys or obliterates remove, deface, alter, change, destroy, or obliterate in any manner or way or who or which causes to cause to be removed, defaced, altered, changed, destroyed, or obliterated in any manner or way the name of the maker, model, manufacturer's or serial number, or any other mark or identification on any pistol, shotgun, rifle, machine gun, or any other firearm shall be guilty of. A violation of this subsection is a Class 1 misdemeanor.

B. It is unlawful for any person, firm, association, or corporation to knowingly possess any pistol, shotgun, rifle, machine gun, or any other firearm that has a serial number that has been removed, defaced, altered, changed, destroyed, or obliterated in any manner. A violation of this subsection is a Class 1 misdemeanor.

C. It is unlawful for any person, firm, association, or corporation to sell, give, or distribute any pistol, shotgun, rifle, machine gun, or any other firearm that has a serial number that has been removed, defaced, altered, changed, destroyed, or obliterated in any manner. A violation of this subsection is a Class 1 misdemeanor.

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.