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2022 SESSION

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22103827D
HOUSE BILL NO. 590 Offered January 12, 2022 Prefiled January 11, 2022 A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.7:1, relating to storage of firearms in residence where minor present; penalty. ---------- Patrons-- VanValkenburg and Carr ---------- Referred to Committee on Public Safety ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-308.7:1 as follows:

§ 18.2-308.7:1. Storage of firearms; penalty.

A. Any person who possesses a firearm in a residence where such person knows or reasonably should know that a minor under 18 years of age is present shall store such firearm unloaded in a locked container, compartment, or cabinet, and all ammunition shall be stored in a separate locked container, compartment, or cabinet. The key or combination to such locked containers, compartments, or cabinets shall be inaccessible to any minor. Any person who violates this section is guilty of a Class 1 misdemeanor. In a case where more than one firearm in a residence is not stored in accordance with this section, each firearm shall constitute a separate Class 1 misdemeanor.

B. The provisions of this section shall not apply to (i) any person in lawful possession of a firearm who carries such firearm on or about his person or exercises immediate control of such firearm or (ii) any antique firearm as defined in § 18.2-308.2:2. For the purposes of this subsection, "immediate control" means within two feet and within eyesight of such person in lawful possession of such firearm.

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 is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.