HB 961

Abstract

Prohibiting sale, transport, etc., of assault firearms, certain firearm magazines, silencers, and trigger activators; penalties. Expands the definition of "assault firearm" and prohibits any person from importing, selling, transferring, manufacturing, purchasing, or transporting an assault firearm. A violation is a Class 6 felony. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory an assault firearm to any person. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, possess, or transport silencers, and trigger activators, all defined in the bill. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, or transport a large-capacity firearm magazine, as defined in the bill, and a Class 1 misdemeanor to possess such large-capacity firearm magazine. Any person who legally owns a large-capacity firearm magazine, silencer, or trigger activator on July 1, 2020, may retain possession until January 1, 2021. During that time, such person shall (i) render the large-capacity firearm magazine, silencer, or trigger activator inoperable; (ii) remove the large-capacity firearm magazine, silencer, or trigger activator from the Commonwealth; (iii) transfer the large-capacity firearm magazine, silencer, or trigger activator to a person outside the Commonwealth who is not prohibited from possessing it; or (iv) surrender the large-capacity firearm magazine, silencer, or trigger activator to a state or local law-enforcement agency.

Prohibiting sale, transport, etc., of assault firearms,certain firearm magazines, silencers, and trigger activators; penalties.Expands the definition of "assault firearm" and prohibits any personfrom importing, selling, transferring, manufacturing, purchasing, possessing,or transporting an assault firearm. A violation is a Class 6 felony. The billprohibits a dealer from selling, renting, trading, or transferring from hisinventory an assault firearm to any person. The bill also prohibits a personfrom carrying a shotgun with a magazine that will hold more than seven roundsof the longest ammunition for which it is chambered in a public place; underexisting law, this prohibition applies only in certain localities. The billmakes it a Class 6 felony to import, sell, transfer, manufacture, purchase,possess, or transport large-capacity firearm magazines, silencers, and triggeractivators, all defined in the bill. Any person who legally owns an assaultfirearm, large-capacity firearm magazine, silencer, or trigger activator onJuly 1, 2020, may retain possession until January 1, 2021. During that time,such person shall (i) render the assault firearm, large-capacity firearmmagazine, silencer, or trigger activator inoperable; (ii) remove the assaultfirearm, large-capacity firearm magazine, silencer, or trigger activator fromthe Commonwealth; (iii) transfer the assault firearm, large-capacity firearmmagazine, silencer, or trigger activator to a person outside the Commonwealthwho is not prohibited from possessing it; or (iv) surrender the assaultfirearm, large-capacity firearm magazine, silencer, or trigger activator to astate or local law-enforcement agency.The bill further states that any person who legally owns anassault firearm on July 1, 2020, may retain possession of such assault firearmafter January 1, 2021, if such person has obtained a permit from the Departmentof State Police to possess an assault firearm in accordance with proceduresestablished in the bill. A person issued such permit may possess an assaultfirearm only under the following conditions: (a) while in his home or on hisproperty or while on the property of another who has provided prior permission,provided that the person has the landowner's written permission on his personwhile on such property; (b) while at a shooting range, shooting gallery, orother area designated for the purpose of target shooting or the target range ofa public or private club or organization whose members have organized for thepurpose of practicing shooting targets or competing in target shooting matches;(c) while engaged in lawful hunting; or (d) while surrendering the assaultfirearm to a state or local law-enforcement agency. A person issued such permitmay also transport an assault firearm between any of those locations, providedthat such assault firearm is unloaded and secured within a closed containerwhile being transported. The bill also provides that failure to display thepermit and a photo identification upon demand by a law-enforcement officershall be punishable by a $25 civil penalty, which shall be paid into the statetreasury. The bill also requires the Department of State Police to enter thename and description of a person issued a permit in the Virginia CriminalInformation Network (VCIN) so that the permit's existence and current statuswill be made known to the law-enforcement personnel accessing VCIN forinvestigative purposes.