Virginia HB 173: Plastic firearms & unfinished frames, etc.; manufacture, import, etc. prohibited, penalties.

Bill Text

2024SESSION
HOUSESUBSTITUTE
24109222D
1 HOUSEBILLNO.173
2 AMENDMENTINTHENATUREOFASUBSTITUTE
3 (ProposedbytheGovernor
4 onMarch27,2024)
5 (PatronPriortoSubstitute––DelegateSimon)
6 A BILL to amend and reenact §§ 18.2-53.1 and 18.2-308.5 of the Code of Virginia, relating to
7 manufacture, import, sale, transfer, possession, or use of plastic firearms prohibited; penalties.
8 Be it enacted by the General Assembly of Virginia:
9 1. That §§18.2-53.1 and 18.2-308.5 of the Code of Virginia are amended and reenacted as follows:
10 §18.2-53.1. Use or display of firearm in committing felony.
11 It shall be is unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other
12 firearm, including a plastic firearm as defined in § 18.2-308.5, or display such weapon in a threatening
13 manner while committing or attempting to commit murder, rape, forcible sodomy, inanimate or animate
14 object sexual penetration as defined in § 18.2-67.2, robbery, carjacking, burglary, malicious wounding as
15 defined in § 18.2-51, malicious bodily injury to a law-enforcement officer as defined in § 18.2-51.1,
16 aggravated malicious wounding as defined in § 18.2-51.2, malicious wounding by mob as defined in
17 § 18.2-41 or abduction. Violation of this section shall constitute constitutes a separate and distinct felony
18 and any person found guilty thereof shall be sentenced to a mandatory minimum term of imprisonment
19 of three years for a first conviction, and to a mandatory minimum term of five 10 years for a second or
20 subsequent conviction under the provisions of this section. Such punishment shall be separate and apart
21 from, and shall be made to run consecutively with, any punishment received for the commission of the
22 primary felony.
23 §18.2-308.5. Manufacture, import, sale, transfer or possession of plastic firearm prohibited.
24 It shall be is unlawful for any person to knowingly manufacture, import, sell, transfer, or possess any
25 plastic firearm. As used in this section, "plastic firearm" means any firearm, including machine guns and
26 sawed-off shotguns as defined in this chapter, containing less than 3.7 ounces of electromagnetically
27 detectable metal in the barrel, slide, cylinder, frame, or receiver of which that, when subjected to
28 inspection by X-ray machines commonly used at airports, does not generate an image that accurately
29 depicts its shape. A violation of this section shall be is punishable as a Class 5 felony.
30 2. That the provisions of this act may result in a net increase in periods of imprisonment or
31 commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the
32 necessary appropriation is at least $64,292 for periods of imprisonment in state adult correctional
33 facilities and cannot be determined for periods of commitment to the custody of the Department of
34 Juvenile Justice.
HOUSE
SUBSTITUTE
HB173H2
6/11/25
12:56