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2023 SESSION

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23102629D
HOUSE BILL NO. 1788 Offered January 11, 2023 Prefiled January 10, 2023 A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.2:6, relating to the sale or transfer of firearms; microstamping-enabled firearms; penalties. ---------- Patrons-- Filler-Corn, Bagby, Carr, Hope and Simon ---------- 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 18.2-308.2:6 as follows:

§ 18.2-308.2:6. Unlawful sale or transfer of non-microstamping-enabled firearms; modification of microstamping-enabled firearms; penalties.

A. For the purpose of this section:

"Microstamp" means a unique alphanumeric or geometric code that identifies the make, model, and serial number of a firearm.

"Microstamping component" means a component of a firearm that will produce a microstamp on at least one location of the expended cartridge case each time the firearm is fired.

"Microstamping-enabled firearm" means a firearm that contains a microstamping component.

B. It is unlawful for any dealer as defined in § 18.2-308.2:2 to sell, offer for sale, exchange, give, transfer, or deliver any firearm unless such firearm has been verified as a microstamping-enabled firearm. A firearm may be verified as microstamping-enabled if it contains a microstamp component installed by its manufacturer. A violation of this subsection is punishable as a Class 3 misdemeanor. A second or subsequent violation of this subsection is punishable as a Class 1 misdemeanor.

C. It is unlawful for any person to modify a microstamping-enabled firearm or microstamping component with the intent to prevent the production of a microstamp. A violation of this subsection is punishable as a Class 3 misdemeanor. A second or subsequent violation of this subsection is a Class 1 misdemeanor. It shall not be a violation of this subsection to replace the microstamping component of a microstamping-enabled firearm when the component is damaged or in need of replacement with another valid microstamping component for the safe use of the firearm or to replace such component for a legitimate sporting purpose when such firearm is only used for that legitimate purpose.

D. The provisions of this section shall not apply to any firearm manufactured prior to July 1, 2025.

2. That the provisions of this act shall become effective on July 1, 2025.

3. 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 2 of the Acts of Assembly of 2022, 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 is $0 for periods of commitment to the custody of the Department of Juvenile Justice.