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1996 SESSION

965866112
HOUSE BILL NO. 241
Offered January 10, 1996
A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.1:6, relating to purchase of firearms; penalty.
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Patrons-- Almand, Connally, Cunningham, Darner and Keating
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Referred to Committee on Militia and Police
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-308.1:6 as follows:

§ 18.2-308.1:6. Purchase of firearms by certain persons prohibited.

It shall be unlawful for any of the following persons to purchase a handgun:

1. An individual who has been convicted of two or more misdemeanors within the three-year period immediately preceding the attempted purchase, if one of the misdemeanors was a Class 1 misdemeanor. Traffic infractions or reckless driving shall not be considered for purposes of this disqualification.

2. An individual who is addicted to, or is an unlawful user or distributor of, marijuana or any controlled substance.

3. An individual who has been convicted of a violation of § 18.2-266 or a substantially similar local ordinance or of public drunkenness within the three-year period immediately preceding the attempted purchase, or who is a habitual drunkard as determined pursuant to § 4.1-333.

4. An alien other than an alien lawfully admitted for permanent residence in the United States.

5. An individual who has been discharged from the Armed Forces of the United States under dishonorable conditions.

6. An individual who is a fugitive from justice.

7. An individual who the seller reasonable believes is likely to use a weapon unlawfully or negligently to endanger others. The sworn statement of a sheriff, chief of police, Commonwealth's attorney or any other competent person having personal knowledge and submitted to a seller or given by the seller, shall be sufficient to establish such reasonable belief.

8. An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or § 18.2-286.1, or brandishing of a firearm in violation of § 18.2-282 within the three-year period immediately preceding the purchase.

9. An individual who has been convicted of stalking.

10. An individual whose previous convictions or adjudications of delinquency were based on an offense which at the time of conviction would have been a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories. For purposes of this disqualifier, only convictions occurring within sixteen years following the later of the date of (i) the conviction or adjudication or (ii) release from any incarceration imposed upon such conviction or adjudication shall be deemed to be "previous convictions."

11. An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 8 or 9.

12. An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of purchase.

A violation of this section shall be punishable as a Class 1 misdemeanor.

For purposes of this section:

"Handgun" means any pistol or revolver or other firearm, except a machine gun, originally designed, made and intended to fire a projectile by means of an explosion from one or more barrels when held in one hand.

"Lawfully admitted for permanent residence" means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.