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2021 SPECIAL SESSION I

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21104015D
HOUSE BILL NO. 2319 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Public Safety on January 29, 2021) (Patron Prior to Substitute--Delegate Guzman) A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.2:02, relating to allowing access to firearms; cohabitants; civil penalty.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-308.2:02 as follows:

§ 18.2-308.2:02. Allowing access to firearms; cohabitants; civil penalty.

A. It is unlawful for any individual who resides or cohabitates with any person who such individual knows or has reason to believe is prohibited from possessing or transporting a firearm pursuant to § 18.2-308.2 to allow such person access to any firearm. Any individual in possession of a firearm as defined in § 18.2-308.2:2 shall store such firearm in a manner that is inaccessible to such co-resident prohibited from possessing or transporting a firearm, including storing such firearm locked, unloaded, or disassembled. If an individual violates any provision of this section and such co-resident uses such firearm during the commission of a crime, except for any crime committed against such co-habitant, such individual shall be subject to a civil penalty of not more than $500.

B. Notwithstanding any other provision of law, any resident in lawful possession of a firearm as defined in § 18.2-308.2:2 who carries such firearm on or about his person or exercises control of such firearm shall not be deemed in violation of this section.