HB2276 introduced.

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makarov97
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HB2276 introduced.

Post by makarov97 »

https://lis.virginia.gov/cgi-bin/legp60 ... ful+HB2276

HB 2276 Plastic firearms and unfinished frames, etc.; manufacture, import, sale, transfer, etc., penalty.
Introduced by: Marcus B. Simon | all patrons ... notes | add to my profiles

SUMMARY AS INTRODUCED:
Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms; penalties. Creates a Class 5 felony for any person who manufactures, imports, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, as defined in the bill, is not detectable as a firearm by the types of detection devices, including X-ray machines, commonly used at airports for security screening. The bill updates language regarding the types of detection devices that are used at airports for detecting plastic firearms.

The bill also creates several Class 1 misdemeanors, which are punishable as a Class 4 felony for a second or subsequent offense, making it unlawful (i) for any person to possess, sell, offer to sell, transfer, purchase, transport, or receive an unfinished frame or receiver or firearm, unless the party possessing or receiving the unfinished frame or receiver or firearm is a federal firearms importer or manufacturer or the unfinished frame or receiver or firearm is imprinted with a serial number issued by a federal firearms importer or manufacturer and (ii) for any person to manufacture, cause to be manufactured, assemble, or cause to be assembled a firearm that is not imprinted with a serial number issued by a federal firearms importer or manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms.

§ 18.2-308.5:2. Prohibition on unfinished frames or receivers and unserialized firearms; penalty.

A. As used in this section:

"Assemble" means to fit together component parts.

"Federal firearms importer" means a licensed importer pursuant to 18 U.S.C. § 921(a)(9).

"Federal firearms manufacturer" means a licensed manufacturer pursuant to 18 U.S.C. § 921(a)(10).

"Manufacture" means to fabricate, make, form, produce, or construct by manual labor or by machinery.

"Unfinished frame or receiver" means a piece of any material that does not constitute the frame or receiver of a firearm, rifle, or shotgun but that has been shaped or formed in any way for the purpose of becoming the frame or receiver of a firearm, rifle, or shotgun, and which may readily be made into a functional frame or receiver through milling, drilling, or other means. "Unfinished frame or receiver" does not include a piece of material that has had its size or external shape altered to facilitate transportation or storage or has had its chemical composition altered.

B. It is unlawful for any person to possess, sell, offer to sell, transfer, purchase, transport, or receive an unfinished frame or receiver, unless the party possessing or receiving the unfinished frame or receiver is a federal firearms importer or federal firearms manufacturer or the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer.

C. It is unlawful for any person to manufacture, cause to be manufactured, assemble, or cause to be assembled a firearm that is not imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms.

D. It is unlawful for any person to possess, sell, offer to sell, transfer, purchase, transport, or receive a firearm that is not imprinted with a serial number issued by a federal firearms importer or federal firearms manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms, unless the party possessing or receiving the firearm is a law-enforcement agency or a federal firearms importer or federal firearms manufacturer.

E. The provisions of subsections C and D shall not apply to a firearm that has been rendered permanently inoperable or is an antique firearm as defined in subsection F of § 18.2-308.2:2.

F. Any person who violates this section is guilty of a Class 1 misdemeanor. Any person convicted of a second or subsequent offense of this section is guilty of a Class 4 felony.

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 1289 of the Acts of Assembly of 2020 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.

3. That the provisions of this act shall become effective on January 1, 2022.
makarov97
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Re: HB2276 introduced.

Post by makarov97 »

This idiocy would ban all 80%s like Poly80s ect... in addition to banning any pre-1968 firearm that didn't have a serial number. (Many don't.)
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allingeneral
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Re: HB2276 introduced.

Post by allingeneral »

makarov97 wrote: Mon, 18 Jan 2021 20:47:35 in addition to banning any pre-1968 firearm that didn't have a serial number. (Many don't.)
I believe pre-1968 firearms are exempted from serialization by the paragraph immediately following it:

E. The provisions of subsections C and D shall not apply to a firearm that has been rendered permanently inoperable or is an antique firearm as defined in subsection F of § 18.2-308.2:2.
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makarov97
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Re: HB2276 introduced.

Post by makarov97 »

allingeneral wrote: Tue, 19 Jan 2021 07:28:02 [quote=makarov97 post_id=236217 time=<a href="tel:1611017255">1611017255</a> user_id=13041]
in addition to banning any pre-1968 firearm that didn't have a serial number. (Many don't.)
I believe pre-1968 firearms are exempted from serialization by the paragraph immediately following it:

E. The provisions of subsections C and D shall not apply to a firearm that has been rendered permanently inoperable or is an antique firearm as defined in subsection F of § 18.2-308.2:2.
[/quote]

Nope. Antique firearms are defined like this:

"Antique firearm" means:

1. Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;

2. Any replica of any firearm described in subdivision 1 of this definition if such replica (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or (ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade;

3. Any muzzle-loading rifle, muzzle-loading shotgun, or muzzle-loading pistol that is designed to use black powder, or a black powder substitute, and that cannot use fixed ammunition. For purposes of this subdivision, the term "antique firearm" shall not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle-loading weapon, or any muzzle-loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breech-block, or any combination thereof;



So Grandaddy’s 1930s double barrel without a serial number is banned.
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Re: HB2276 introduced.

Post by allingeneral »

Thanks for pulling up that subsection. I got lazy there... :whistle:
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badz2801
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Re: HB2276 introduced.

Post by badz2801 »

Call the following members of the House of Delegates Public Safety Committee and demand they VOTE NO on House Bill 2276, regardless of any amendments.


Delegate Carrie Coyner (R-62)- 804-698-1062
Delegate Josh Cole- (D-28)- 804-698-1028
Delegate Thomas Wright Jr (R- 61)- 804-698-1061
Delegate Sam Rasoul- (D-11)- 804-698-1011
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