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2007 SESSION

075840272
HOUSE BILL NO. 2300
Offered January 10, 2007
Prefiled January 9, 2007
A BILL to amend the Code of Virginia by adding sections numbered 2.2-601.1 and 23-9.2:2.1, relating to regulation of firearms.
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Patron-- Cole
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Referred to Committee on Militia, Police and Public Safety
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Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding sections numbered 2.2-601.1 and 23-9.2:2.1 as follows:

§ 2.2-601.1. Regulation of firearms by state entities.

A. Notwithstanding any provision of law to the contrary, no department, agency, authority, board, commission, council, or other state entity shall adopt or enforce any rule or regulation, as defined in § 2.2-4001, or policy, nor shall any appointee, employee, or agent of any such entity take any administrative action governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combinations thereof shall not be construed to provide express authority.

B. Nothing in this section shall be construed to prohibit a state entity from adopting workplace rules relating to the terms and conditions of employment of the workforce.

C. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101, from acting within the scope of his duties.

D. This section shall not apply to the rules, regulations, and administrative actions of a state, local, or regional correctional facility.

E. Any rule, regulation, or policy adopted by a state entity prior to July 1, 2007, governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof, other than those rules, regulations, or policies expressly authorized by statute, is invalid.

§ 23-9.2:2.1. Regulation of firearms by educational institutions.

A. Notwithstanding any provision of law to the contrary, no board of visitors or other governing body of a public institution of higher education shall adopt or enforce any rule, regulation, or policy, and no appointee, employee, or agent of the institution shall take any administrative action governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof, other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combinations thereof, shall not be construed to provide express authority.

B. Nothing in this section shall be construed to prohibit the board of visitors or other governing body of a public institution of higher education from adopting workplace rules relating to the terms and conditions of employment of the workforce.

C. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101, from acting within the scope of his duties.

D. Any rule, regulation, or policy adopted by a board of visitors or governing body of a state institution of higher education prior to July 1, 2007, governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof, other than those rules, regulations, or policies expressly authorized by statute, is invalid.