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2022 SESSION

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22104144D
SENATE BILL NO. 643 Offered January 17, 2022 A BILL to amend and reenact § 18.2-311.1 of the Code of Virginia, relating to removing, altering, etc., serial number on firearm; selling, giving etc., or possessing firearm with removed, altered, etc., serial number; penalty. ---------- Patrons-- Ebbin and McClellan ---------- Referred to Committee on the Judiciary ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-311.1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-311.1. Removing, altering, etc., serial number or other identification on firearm; distributing or possessing firearm without serial number.

Any A. It is unlawful for any person, firm, association, or corporation who or which to intentionally removes, defaces, alters, changes, destroys or obliterates remove, deface, alter, change, destroy, or obliterate in any manner or way or who or which causes to cause to be removed, defaced, altered, changed, destroyed, or obliterated in any manner or way the name of the maker, model, manufacturer's or serial number, or any other mark or identification on any pistol, shotgun, rifle, machine gun, or any other firearm shall be guilty of. A violation of this subsection is a Class 1 misdemeanor.

B. It is unlawful for any person, firm, association, or corporation to knowingly possess any pistol, shotgun, rifle, machine gun, or any other firearm that has a serial number that has been removed, defaced, altered, changed, destroyed, or obliterated in any manner. A violation of this subsection is a Class 1 misdemeanor.

C. It is unlawful for any person, firm, association, or corporation to sell, give, or distribute any pistol, shotgun, rifle, machine gun, or any other firearm that has a serial number that has been removed, defaced, altered, changed, destroyed, or obliterated in any manner. A violation of this subsection is a Class 6 felony.

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 552 of the Acts of Assembly of 2021, Special Session I, 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.