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2020 SESSION

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20103801D
HOUSE BILL NO. 853 Offered January 8, 2020 Prefiled January 7, 2020 A BILL to amend and reenact § 18.2-308.2:1 of the Code of Virginia, relating to recklessly allowing access to firearms to certain persons: penalty. ---------- Patron-- Murphy ---------- Referred to Committee on Public Safety ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-308.2:1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-308.2:1. Prohibiting the selling, etc., of firearms to certain persons; penalty.

Any person who sells, barters, gives, or furnishes, or has in his possession or under his control with the intent of selling, bartering, giving or furnishing, or recklessly allows access to any firearm to any person he knows or has reason to believe is prohibited from possessing or transporting a firearm pursuant to § 18.2-308.1:1, 18.2-308.1:2, 18.2-308.1:3, or 18.2-308.2, subsection B of § 18.2-308.2:01, or § 18.2-308.7 shall be is guilty of a Class 4 felony. However, this prohibition shall not be applicable when the person convicted of the felony, adjudicated delinquent or acquitted by reason of insanity has (i) been issued a permit pursuant to subsection C of § 18.2-308.2 or been granted relief pursuant to subsection B of § 18.2-308.1:1, or § 18.2-308.1:2 or 18.2-308.1:3; (ii) been pardoned or had his political disabilities removed in accordance with subsection B of § 18.2-308.2; or (iii) obtained a permit to ship, transport, possess, or receive firearms pursuant to the laws of the United States.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.