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1997 SESSION

974301362
HOUSE BILL NO. 2476
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Militia and Police
on January 27, 1997)
(Patron Prior to Substitute--Delegate Moran)
A BILL to amend and reenact § 18.2-308.3 of the Code of Virginia, relating to prohibitions on large capacity ammunition-feeding devices; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-308.3 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-308.3. Use or attempted use of restricted ammunition or large capacity ammunition-feeding devices in commission or attempted commission of crimes prohibited; penalty.

A. When used in this section:

"Large capacity ammunition-feeding device" means a magazine, belt, drum, feed strip or similar device that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; the term does not include an attached tubular device designed to accept, and capable of operation only with, .22 caliber rimfire ammunition.

Restricted firearm ammunition" applies to bullets, projectiles or other types of ammunition that are: (i) coated with or contain, in whole or in part, polytetrafluorethylene or a similar product, (ii) commonly known as "KTW" bullets or "French Arcanes," or (iii) any cartridges containing bullets coated with a plastic substance with other than lead or lead alloy cores, jacketed bullets with other than lead or lead alloy cores, or cartridges of which the bullet itself is wholly comprised of a metal or metal alloy other than lead. This definition shall not be construed to include shotgun shells or solid plastic bullets.

B. It shall be unlawful for any person to knowingly use or attempt to use restricted firearm ammunition while committing or attempting to commit a crime. Violation of this section shall constitute a separate and distinct felony and any person found guilty thereof shall be guilty of a Class 5 felony.

C. It shall be unlawful for any person to knowingly use or attempt to use a firearm with a large capacity ammunition-feeding device while committing or attempting to commit a crime of violence as described in § 18.2-288(2). Violation of this section shall constitute a separate and distinct offense and any person found guilty thereof shall be guilty of a Class 1 misdemeanor.