18105227D
<br><center><b>SENATE BILL NO. 360</b></center>

<center>AMENDMENT IN THE NATURE OF A SUBSTITUTE</center>

<center>(Proposed by the Senate Committee for Courts of Justice</center>

<center>on January 15, 2018)</center>

<center>(Patrons Prior to Substitute--Senators McClellan and Favola
[SB 63])</center>

<i>A BILL to amend and reenact &sect;<a href="http://law.lis.virginia.gov/vacode/15.2-915">15.2-915</a> of the Code of
Virginia, relating to control of firearms; permitted events.</i>

<p>Be it enacted by the General Assembly of Virginia:</p>

<p>1. That &sect;<a href="http://law.lis.virginia.gov/vacode/15.2-915">15.2-915</a> of the Code of Virginia is amended and
reenacted as follows:</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/15.2-915">15.2-915</a>. Control of firearms; applicability to authorities
and local governmental agencies.</p>

<p>A. No locality shall adopt or enforce any ordinance,
resolution or motion, as permitted by &sect;<a href="http://law.lis.virginia.gov/vacode/15.2-1425">15.2-1425</a>, and no agent of such
locality shall take any administrative action, governing the purchase,
possession, transfer, ownership, carrying, storage or transporting of firearms,
ammunition, or components or combination thereof other than those expressly
authorized by statute. For purposes of this section, a statute that does not
refer to firearms, ammunition, or components or combination thereof<s class=str>,</s>
shall not be construed to provide express authorization.</p>

<p>Nothing in this section shall prohibit a locality from
adopting workplace rules relating to terms and conditions of employment of the
workforce. However, no locality shall adopt any workplace rule, other than for
the purposes of a community services board or behavioral health authority as
defined in &sect;<a href="http://law.lis.virginia.gov/vacode/37.2-100">37.2-100</a>, that prevents an employee of that locality from storing
at that locality's workplace a lawfully possessed firearm and ammunition in a
locked private motor vehicle. Nothing in this section shall prohibit a
law-enforcement officer, as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/9.1-101">9.1-101</a>, from acting within the scope
of his duties.</p>

<p>The provisions of this section applicable to a locality shall
also apply to any authority or to a local governmental entity, including a
department or agency, but not including any local or regional jail, juvenile
detention facility, or state-governed entity, department, or agency.</p>

<p><i class=new>Any locality may, by ordinance, prohibit the possession or
carrying of firearms, ammunition, or components or any combination thereof in a
public space during a permitted event, or an event that would otherwise require
a permit.</i></p>

<p>B. Any local ordinance, resolution or motion adopted prior to<s class=str>
the effective date of this act</s><i class=new> July 1, 2004,</i> governing the purchase,
possession, transfer, ownership, carrying or transporting of firearms,
ammunition, or components or combination thereof, other than those expressly
authorized by statute, is invalid.</p>

<p>C. In addition to any other relief provided, the court may
award reasonable attorney fees, expenses, and court costs to any person, group,
or entity that prevails in an action challenging (i) an ordinance, resolution,
or motion as being in conflict with this section or (ii) an administrative
action taken in bad faith as being in conflict with this section.</p>

<p>D. For purposes of this section, &quot;workplace&quot; means
&quot;workplace of the locality.&quot;</p>