SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2001 SESSION

012285840
HOUSE BILL NO. 2347
Offered January 10, 2001
Prefiled January 10, 2001
A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.2:4, relating to ballistic fingerprinting of handguns; penalty.
----------
Patrons-- McEachin, Brink, Moran and Van Landingham; Senator: Ticer
----------
Referred to Committee on Militia and Police
----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-308.2:4 as follows:

§ 18.2-308.2:4. Ballistic fingerprinting of handguns.

A. For the purposes of this section:

“Manufacturer” means any person who possesses a valid federal license issued by the Secretary of the Treasury that permits that person to engage in the business of manufacturing firearms or ammunition for the purpose of sale or distribution.

“Projectile” means that part of handgun ammunition that is, by means of an explosion, expelled through the barrel of the handgun.

“Shell casing” means that part of handgun ammunition that contains the primer and propellant powder to discharge the projectile.

B. Any manufacturer that ships or transports a handgun to a dealer in the Commonwealth of Virginia shall include in the box with the handgun in a separate sealed container:

1. A shell casing of a projectile discharged from that handgun;

2. An affidavit affixed to the container holding the shell casing, signed by the person who fired the handgun and who placed the shell casing in the sealed container, affirming that the casing was removed from the handgun it accompanies, identified by manufacturer, type and serial number; and

3. Any additional information that may be required by the Superintendent of State Police that identifies the type of handgun and shell.

C. Upon receipt of a handgun from the manufacturer, the dealer shall confirm to the Department of State Police that the manufacturer complied with the provisions of subsection B. Upon the sale or transfer of the handgun, the dealer shall forward the shell casing in the sealed container to the Department of State Police accompanied by a signed and dated certificate stating that the sealed container holding the shell casing (i) is the same container with casing enclosed that was received by him in the box containing the handgun, (ii) has not been opened, and (iii) has not been in the possession of a person other than the dealer following his receipt thereof. Any such certificate purporting to be signed by the dealer shall be deemed prima facie evidence of an unbroken chain of custody and of proper receipt by the dealer for purposes of this section.

D. Upon receipt of the shell casing and any required additional information from the dealer, the Department of State Police shall enter the information in all pertinent computer databases.

E. Proper venue for a prosecution hereunder shall be in the jurisdiction where the dealer's place of business is located.

F. Any manufacturer or dealer that fails to comply with the provisions of this section shall be guilty of a Class 1 misdemeanor.

2. That the provisions of this act shall become effective on January 1, 2002.

3. That the Superintendent of State Police shall, prior to the effective date of the act, establish a computer database as required, and may promulgate regulations to implement any other provisions of this act.