Be it enacted by the General Assembly of Virginia:
1. That §18.2-287.4 of the Code of Virginia is amended and reenacted as follows:
§18.2-287.4. Carrying assault firearms in public areas prohibited; penalty.
It shall be is unlawful for any person to
carry a loaded (a) any of the following on or about his person on any
public street, road, alley, sidewalk, or public right-of-way or in any public
park or any other place of whatever nature that is open to the public:
1. A
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 that will hold more than 20 rounds of ammunition or designed by the
manufacturer to accommodate a silencer or equipped with a folding stock or (b) with a fixed magazine capacity in excess of 10
rounds;
2. A semi-automatic center-fire rifle that expels single or multiple projectiles by action of an explosion of a combustible material that has the ability to accept a detachable magazine and has one of the following characteristics: (i) a folding, telescoping, or collapsible stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the rifle; (iii) a second handgrip or a protruding grip that can be held by the non-trigger hand; (iv) a grenade launcher; (v) a flare launcher; (vi) a sound suppressor; (vii) a flash suppressor; (viii) a muzzle brake; (ix) a muzzle compensator; (x) a threaded barrel capable of accepting (a) a sound suppressor, (b) a flash suppressor, (c) a muzzle brake, or (d) a muzzle compensator; or (xi) any characteristic of like kind as enumerated in clauses (i) through (x);
3. A semi-automatic center-fire pistol that expels single or multiple projectiles by action of an explosion of a combustible material that has the ability to accept a detachable magazine and has one of the following characteristics: (i) a folding, telescoping, or collapsible stock; (ii) a second handgrip or a protruding grip that can be held by the non-trigger hand; (iii) the capacity to accept a magazine that attaches to the pistol outside of the pistol grip; (iv) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the pistol with the non-trigger hand without being burned; (v) a threaded barrel capable of accepting (a) a sound suppressor, (b) a flash suppressor, (c) a barrel extender, or (d) a forward handgrip; or (vi) any characteristic of like kind as enumerated in clauses (i) through (v);
4. A semi-automatic shotgun that expels single or multiple projectiles by action of an explosion of a combustible material that has one of the following characteristics: (i) a folding, telescoping, or collapsible stock, (ii) a pistol grip that protrudes conspicuously beneath the action of the shotgun, (iii) the ability to accept a detachable magazine, (iv) a fixed magazine capacity in excess of seven rounds, or (v) any characteristic of like kind as enumerated in clauses (i) through (iv); or
5. A
shotgun with a magazine that will hold more than seven rounds of the longest
shortest ammunition for which it is chambered on or about his person on any public street, road,
alley, sidewalk, public right-of-way, or in any public park or any other place
of whatever nature that is open to the public in the Cities of Alexandria,
Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia
Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince
William.
The provisions of this section shall not apply to
law-enforcement officers, licensed
security guards, military personnel in the performance of
their lawful duties, or any person
having a valid concealed handgun permit or to any person actually engaged
in lawful hunting or lawful recreational shooting activities at an established
shooting range or shooting contest. The provisions
of this section shall not apply to a firearm that has been rendered permanently
inoperable, an antique firearm as defined in §18.2-308.2:2, or a curio or
relic as defined in §18.2-308.2:2.
Any person violating the provisions of this section shall be
is guilty of a Class 1 misdemeanor.
The exemptions set forth in §§18.2-308 and 18.2-308.016 shall apply, mutatis mutandis, to the provisions of this section.
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 1 of the Acts of Assembly of 2023, Special Session I, 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.