2023 Regular SessionVirginia Legislature

SB1382: Assault firearms and certain ammunition feeding devices; purchase, possession, etc., prohibited.

Legislative Summary

Purchase, possession, sale, transfer, etc., of assault firearms and certain ammunition feeding devices prohibited; penalty. Creates a Class 1 misdemeanor for any person who imports, sells, manufactures, purchases, possesses, transports, or transfers an assault firearm, as that term is defined in the bill, and prohibits a person who has been convicted of such violation from purchasing, possessing, or transporting a firearm for a period of three years from the date of conviction. The bill provides that an assault firearm does not include any firearm that is an antique firearm, has been rendered permanently inoperable, is manually operated by bolt, pump, lever, or slide action, or was manufactured before July 1, 2023. The bill also prohibits the sale of a large capacity ammunition feeding device, as that term is defined in the bill. The bill provides that any person who willfully and intentionally (i) sells an assault firearm to another person or (ii) purchases an assault firearm from another person is guilty of a Class 1 misdemeanor and that any person who imports, sells, barters, or transfers a large capacity ammunition feeding device is guilty of a Class 1 misdemeanor. The bill also makes it a Class 1 misdemeanor for any person younger than 21 years of age to import, sell, manufacture, purchase, possess, transport, or transfer an assault firearm regardless of the date of manufacture of such assault firearm. Purchase, possession, sale, transfer, etc., of assault firearms and certain ammunition feeding devices prohibited; penalty. Creates a Class 1 misdemeanor for any person who imports, sells, manufactures, purchases, possesses, transports, or transfers an assault firearm, as that term is defined in the bill, and prohibits a person who has been convicted of such violation from purchasing, possessing, or transporting a firearm for a period of three years from the date of conviction. The bill provides that an assault firearm does not include any firearm that is an antique firearm, has been rendered permanently inoperable, is manually operated by bolt, pump, lever, or slide action, or was manufactured before July 1, 2023. The bill also prohibits the sale of a large capacity ammunition feeding device, as that term is defined in the bill. The bill provides that any person who willfully and intentionally (i) sells an assault firearm to another person or (ii) purchases an assault firearm from another person is guilty of a Class 1 misdemeanor and that any person who imports, sells, barters, or transfers a large capacity ammunition feeding device is guilty of a Class 1 misdemeanor. The bill also makes it a Class 1 misdemeanor for any person younger than 21 years of age to import, sell, manufacture, purchase, possess, transport, or transfer an assault firearm regardless of the date of manufacture of such assault firearm.

Bill History

1/11/2023
Prefiled and ordered printed; offered 01/11/23 23104134D
Senate
1/11/2023
Referred to Committee on the Judiciary
Senate
1/23/2023
Reported from Judiciary with substitute (9-Y 6-N)
Senate
1/23/2023
Incorporates SB918 (Morrissey)
Senate
1/23/2023
Incorporates SB1283 (Edwards)
Senate
1/23/2023
Committee substitute printed 23104992D-S1
Senate
1/23/2023
Rereferred to Finance and Appropriations
Senate
1/25/2023
Incorporates SB918 (Morrissey)
Senate
1/25/2023
Incorporates SB1283 (Edwards)
Senate
1/25/2023
Committee substitute printed 23105315D-S2
Senate
1/25/2023
Reported from Finance and Appropriations with substitute (10-Y 4-N)
Senate
1/26/2023
Constitutional reading dispensed (40-Y 0-N)
Senate
1/27/2023
Read second time
Senate
1/27/2023
Committee substitute rejected 23104992D-S1
Senate
1/27/2023
Reading of substitute waived
Senate
1/27/2023
Committee substitute agreed to 23105315D-S2
Senate
1/27/2023
Engrossed by Senate - committee substitute SB1382S2
Senate
1/30/2023
Passed by for the day
Senate
1/31/2023
Read third time and passed Senate (23-Y 16-N)
Senate
2/8/2023
Placed on Calendar
House of Delegates
2/8/2023
Read first time
House of Delegates
2/8/2023
Referred to Committee on Public Safety
House of Delegates
2/8/2023
Assigned PS sub: Subcommittee #1
House of Delegates
2/9/2023
Subcommittee recommends laying on the table (6-Y 4-N)
House of Delegates
2/22/2023
Left in Public Safety
House of Delegates

Amendments

Substitute for SB1382 for S-Judiciary

Substitute for SB1382 for S-Judiciary

1/23/2023Not Adopted

Roll Call Votes

House: Subcommittee recommends laying on the table (6-Y 4-N)
2/9/2023
6
Yea
4
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Read third time and passed Senate (23-Y 16-N)
1/31/2023
23
Yea
16
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Constitutional reading dispensed (40-Y 0-N)
1/26/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Finance and Appropriations with substitute (10-Y 4-N)
1/25/2023
10
Yea
4
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Judiciary with substitute (9-Y 6-N)
1/23/2023
9
Yea
6
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Engrossed(1/27/2023)
Chamber
House of Delegates
Committee
Public Safety(House of Delegates)
Sine DiePrior Session

Documents

Comm Sub
Bill Text1/25/202368.8 KB
Comm Sub
Bill Text1/23/202366.5 KB
Prefiled
Bill Text1/11/202367.0 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/30/202388.1 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/25/202348.5 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/25/202349.0 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/23/202380.5 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/13/202348.4 KB