Possession or transportation of certain firearms by certain persons (§ 18.2-308.2:01)—Virginia Decoded

Possession or transportation of certain firearms by certain persons

A. It shall be unlawful for any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence to knowingly and intentionally possess or transport any assault firearm or to knowingly and intentionally carry about his person, hidden from common observation, an assault firearm.

B. It shall be unlawful for any person who is not a citizen of the United States and who is not lawfully present in the United States to knowingly and intentionally possess or transport any firearm or to knowingly and intentionally carry about his person, hidden from common observation, any firearm. A violation of this section shall be punishable as a Class 6 felony.

C. For purposes of this section, “assault firearm” means any semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.

History

1993, c. 674; 2003, c. 976; 2004, cc. 347, 995; 2008, c. 408.

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Court Decisions

Armstrong v. Com. (SCV, 04/19/02)
. . . found, for example, in Code §§ 18.2-287.4, 18.2-308.2:01, 18.2-308.7, and 22.1-277.01(D). . . .

Wright v. Com. (SCV, 11/05/09)
. . . 18.2-308.2 (possession by a felon); Code § 18.2-308.2:01 (possession by a non-citizen). In the . . .

Prince Adjei v. Commonwealth of Virginia (COA, 09/23/14)
. . . by an illegal alien, in violation of Code § 18.2-308.2:01(B). The . . .

Marshall v. Com. (COA, 05/03/11)
. . . Code § 18.2-308.1:1, Code § 18.2-308.2, Code § 18.2-308.2:01 and Code § 18.2-308.7 (prohibiting . . .

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Amendment Attempts

SB382: Firearms; sale to persons not lawfully present in United States. (passed)

HB2207: Firearms and firearms magazines, certain; unlawful to sell, import, etc., penalty. (failed)

SB1148: Firearms magazines; prohibits person from selling, etc. those designed to hold more than 10 rounds. (failed)

SB184: Firearms magazines, certain; prohibition of sale, transfer, etc., penalties. (failed)

HB927: Firearms magazines and firearms, certain; prohibition of sale, transfer, etc., penalties. (failed)

SB742: Firearms magazines and firearms, certain; prohibition of sale, transfer, etc., penalties.

SB794: Firearms magazines, certain; selling, etc., magazines designed to hold more than 10. (failed)

HB2492: Firearms magazines and firearms, certain; prohibition of sale, transfer, etc., penalties. (failed)

SB1748: Firearms magazines and firearms, certain; prohibition of sale, transfer, etc., penalties. (failed)

HB961: Assault firearms, certain firearm magazines, etc.; prohibiting sale, transport, etc., penalties. (failed)

SB16: Assault firearms and certain firearm magazines; prohibiting sale, transport, etc., penalties.

HB961: Assault firearms, certain firearm magazines, etc.; prohibiting sale, transport, etc., penalties.

HB2240: Assault firearms, etc.; prohibiting sale, transport, penalties. (failed)