Virginia HB 1015: Firearms, etc.; carrying concealed weapon by persons convicted of misdemeanor hate crime prohibited.

Bill Text

2026 SESSION

INTRODUCED

26100294D

HOUSE BILL NO. 1015

Offered January 14, 2026

Prefiled January 14, 2026

A BILL to amend and reenact §§ 18.2-308.2 and 18.2-308.2:2 of the Code of Virginia, relating to possession or transportation of firearms, firearms ammunition, stun weapons, or explosives or carrying of concealed weapons by persons convicted of a misdemeanor hate crime prohibited; penalty.

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Patrons—Tran, Helmer, Carr, Reaser and Shin; Senators: Salim and Srinivasan

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Referred to Committee on Public Safety

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Be it enacted by the General Assembly of Virginia:

1. That §§ 18.2-308.2 and 18.2-308.2:2 of the Code of Virginia are amended and reenacted as follows:

§ 18.2-308.2. Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued.

A. It shall be is unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder in violation of § 18.2-31 or 18.2-32, kidnapping in violation of § 18.2-47, robbery by the threat or presentation of firearms in violation of § 18.2-58, or rape in violation of § 18.2-61; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm, any stun weapon as defined by § 18.2-308.1, or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of § 18.2-308. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by § 18.2-308.1. Any person who violates this section shall be subsection is guilty of a Class 6 felony. However, any person who violates this section subsection by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in § 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who violates this section subsection by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. The mandatory minimum terms of imprisonment prescribed for violations of this section subsection shall be served consecutively with any other sentence.

A1. It is unlawful for any person who has been convicted, on or after July 1, 2026, of violating subsection A of § 18.2-57 if it is reflected on the sentencing order for such conviction or appears on the face of the warrant upon such conviction that such person intentionally selected the person against whom the offense was committed because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, whether such conviction or adjudication occurred under the laws of the Commonwealth, or the substantially similar laws of any other state, the District of Columbia, or the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm, any stun weapon as defined by § 18.2-308.1, or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of § 18.2-308. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by § 18.2-308.1. Any person who violates this subsection is guilty of a Class 1 misdemeanor.

B. The prohibitions of subsection subsections A and A1 shall not apply to (i) any person who possesses a firearm, ammunition for a firearm, explosive material, or other weapon while carrying out his duties as a member of the Armed Forces of the United States or of the National Guard of Virginia or of any other state, (ii) any law-enforcement officer in the performance of his duties, (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the person's political disabilities, may expressly place conditions upon the reinstatement of the person's right to ship, transport, possess, or receive firearms, (iv) any person whose right to possess firearms or ammunition has been restored under the law of another s