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2010 SESSION

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10102079D
HOUSE BILL NO. 171 Offered January 13, 2010 Prefiled January 6, 2010 A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.1:01, relating to firearms in locked vehicles; immunity from liability. ---------- Patrons-- Pogge, Carrico and Lingamfelter ---------- 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 18.2-308.1:01 as follows:

§ 18.2-308.1:01. Firearms in locked vehicles; immunity from liability.

A. No person, property owner, tenant, employer, or business entity shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting a person who may lawfully possess a firearm from storing a firearm locked in or locked to a motor vehicle in a parking lot, parking space, or other similar property set aside for motor vehicles.

B. No person, property owner, tenant, employer, or business entity shall be liable in any civil action for any occurrence that results from or is connected to the use of a firearm that was lawfully stored pursuant to subsection A, unless the person, property owner, tenant, employer, or business entity commits a criminal act involving the use of the firearm.

C. Any person may enforce this section by filing a petition for injunction in the court of record of the county or city in which the person, property owner, tenant, employer, or business entity prohibiting the firearm is located. The court shall award actual damages, court costs, and attorney fees to a prevailing plaintiff.

D. This section shall not apply to (i) § 18.2-308.1, relating to possession of firearms on school property and at school activities; or (ii) vehicles owned or leased by an employer or business entity and used by an employee in the course of his employment.