HB 899

            
2020 SESSION

20104905D

HOUSE BILL NO. 899


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend and reenact � 19.2-386.28 of the Code of 
 Virginia and to amend the Code of Virginia by adding a section numbered 
 18.2-308.9, relating to manufacture, import, sale, transfer, or possession of 
 restricted firearm ammunition; penalty.
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Patron-- Levine

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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 � 19.2-386.28 of the Code of Virginia is amended and 
 reenacted and that the Code of Virginia is amended by adding a section numbered 
 18.2-308.9 as follows:
 
 
� 18.2-308.9. Manufacture, 
 import, sale, transfer, or possession of 
 restricted firearm ammunition; 
 penalty.
 
 
A. For the purposes of 
 this section, "restricted firearm ammunition" means the 
 same as that term is defined in � 18.2-308.3.
 
 
B. It is 
 unlawful for any person to manufacture, import, sell, transfer, or 
 possess any restricted firearm ammunition. A violation of this 
 section is punishable as a Class 5 
 felony.
 
 
C. The 
 provisions of this section shall not apply to (i) any law-enforcement 
 officer or government officer, agent, or employee, or member 
 of the Armed Forces of the United States, to the extent that such person is 
 otherwise authorized to acquire or possess restricted firearm ammunition and 
 does so while acting within the scope of his duties; (ii) the manufacture of 
 restricted firearm ammunition by a firearms manufacturer for the purpose of 
 sale to any branch of the Armed Forces of the United States or to a 
 law-enforcement agency in the Commonwealth for use by that agency or its 
 employees, provided that the manufacturer is properly licensed under federal, 
 state, and local laws; or (iii) the sale or transfer of restricted 
 firearm ammunition to any branch of the Armed Forces of the United 
 States or to a law-enforcement agency in the Commonwealth for use by that 
 agency or its employees.
 
 
� 19.2-386.28. Forfeiture of weapons that are concealed, 
 possessed, transported, or carried in violation of law.
 
 
Any firearm, stun weapon as defined by in � 18.2-308.1, or any weapon or ammunition concealed, 
 possessed, transported, or 
 carried in violation of � 18.2-283.1, 18.2-287.01, 18.2-287.4, 18.2-308.1:2, 
 18.2-308.1:3, 18.2-308.1:4, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:1, 
 18.2-308.4, 18.2-308.5, 18.2-308.7, or 18.2-308.8, or 18.2-308.9 
 shall be forfeited to the Commonwealth and disposed of as provided in � 
 19.2-386.29.
 
 
2. 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 854 of the Acts of Assembly of 2019 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 cannot be determined for periods of commitment 
 to the custody of the Department of Juvenile Justice.