Virginia SB 310: Plastic firearms and unfinished frames, etc.; manufacture, import, sale, etc., penalties.

Bill Text

2022SESSION
SENATESUBSTITUTE
22105984D
1 SENATEBILLNO.310
2 AMENDMENTINTHENATUREOFASUBSTITUTE
3 (ProposedbytheSenateCommitteeontheJudiciary
4 onFebruary7,2022)
5 (PatronPriortoSubstitute––SenatorEbbin)
6 A BILL to amend and reenact § 18.2-308.5 of the Code of Virginia and to amend the Code of Virginia
7 by adding a section numbered 18.2-308.5:2, relating to manufacture, import, sale, transfer, or
8 possession of plastic firearms and unfinished frames or receivers and unserialized firearms;
9 penalties.
10 Be it enacted by the General Assembly of Virginia:
11 1. That § 18.2-308.5 of the Code of Virginia is amended and reenacted and that the Code of
12 Virginia is amended by adding a section numbered 18.2-308.5:2 as follows:
13 §18.2-308.5. Manufacture, import, sale, transfer or possession of plastic firearm prohibited.
14 A. It shall be is unlawful for any person to manufacture, import, sell, transfer, or possess (i) any
15 plastic firearm or (ii) any firearm with a major component that when subjected to inspection by the
16 types of detection devices, including X-ray machines, commonly used at airports for security screening
17 does not generate an image that accurately depicts the shape of the component.
18 B. As used in this section, "plastic:
19 "Major component" means the barrel, the slide or cylinder, or the frame or receiver of the firearm.
20 "Plastic firearm" means any firearm, including machine guns and sawed-off shotguns as defined in
21 this chapter, containing less than 3.7 ounces of electromagnetically detectable metal in the barrel, slide,
22 cylinder, frame or receiver of which, when subjected to inspection by X-ray machines commonly used at
23 airports, does not generate an image that accurately depicts its shape where the major components of
24 such firearm are not detectable by walk-through metal detectors calibrated to detect the Security
25 Exemplar, as that term is defined in 18 U.S.C. §922(p).
26 C. A violation of this section shall be is punishable as a Class 5 felony.
27 §18.2-308.5:2. Prohibition on unfinished frames or receivers; penalty.
28 A. As used in this section:
29 "Dealer" means any person licensed as a dealer pursuant to 18 U.S.C. §921 et seq.
30 "Importer" means any person licensed as an importer pursuant to 18 U.S.C. §921 et seq.
31 "Manufacturer" means any person licensed as a manufacturer pursuant to 18 U.S.C. §921 et seq.
32 "Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or
33 similar article that (i) has reached a stage in manufacture where it may readily be completed,
34 assembled, or converted to be used as the frame or receiver of a functional firearm or (ii) is marketed
35 or sold to the public to become or be used as the frame or receiver of a functional firearm once
36 completed, assembled, or converted.
37 B. It is unlawful for any person to knowingly sell, offer to sell, transfer, or purchase an unfinished
38 frame or receiver unless the transferee or party purchasing the unfinished frame or receiver is an
39 importer, a manufacturer, or a dealer, or the unfinished frame or receiver is required by federal law to
40 be, and has been, imprinted with a serial number by an importer, a manufacturer, or a dealer.
41 C. Any person who violates this section is guilty of a Class 1 misdemeanor. Any person convicted of
42 a second or subsequent offense of this section is guilty of a Class 4 felony.
43 2. That the provisions of this act may result in a net increase in periods of imprisonment or
44 commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the
45 necessary appropriation cannot be determined for periods of imprisonment in state adult
46 correctional facilities; therefore, Chapter 552 of the Acts of Assembly of 2021, Special Session I,
47 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of
48 $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary
49 appropriation cannot be determined for periods of commitment to the custody of the Department
50 of Juvenile Justice.
SENATE
SUBSTITUTE
SB310S1
1/17/24
12:27