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2008 SESSION

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087907468
HOUSE BILL NO. 109 Offered January 9, 2008 Prefiled December 17, 2007 A BILL to amend the Code of Virginia by adding a section numbered 2.2-601.1, relating to regulation of firearms by state entities. ---------- Patron-- Cole ---------- Referred to Committee on Militia, Police and Public Safety ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 2.2-601.1 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 prohibit a law-enforcement officer, as defined in § 9.1-101, from acting within the scope of his duties.

C. This section shall not apply to the rules, regulations, and administrative actions of a state, local, or regional correctional facility or facilities operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.

D. 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.