Be it enacted by the General Assembly of Virginia:
1. That §§18.2-53.1 and 18.2-108.1 of the Code of Virginia are amended and reenacted as follows:
§18.2-53.1. Use or display of firearm in committing felony.
It shall be is unlawful for any person to
use or attempt to use any pistol, shotgun, rifle, or other firearm or display
such weapon in a threatening manner while committing or attempting to commit
murder, rape, forcible sodomy, inanimate or animate object sexual penetration
as defined in §18.2-67.2, robbery, carjacking, burglary, malicious wounding as
defined in §18.2-51, malicious bodily injury to a law-enforcement officer as
defined in §18.2-51.1, aggravated malicious wounding as defined in §
18.2-51.2, malicious wounding by mob as defined in §18.2-41 or abduction.
Violation of this section shall constitute a separate and distinct felony and
any person found guilty thereof shall be sentenced to a mandatory minimum term
of imprisonment of three years for a first conviction, and to a mandatory
minimum term of five years for a second or subsequent conviction under the
provisions of this section; however, if the person
violating this section knew or should have known that the
pistol, shotgun, rifle, or other firearm used, attempted to be used, or
displayed was stolen, he shall be sentenced to a mandatory minimum term of
imprisonment of five years for a first conviction and to a mandatory minimum
term of 10 years for a second or subsequent conviction under the provisions of
this section. Such punishment shall be separate and apart
from, and shall be made to run consecutively with, any punishment received for
the commission of the primary felony.
§18.2-108.1. Larceny with intent to sell firearm; sale of stolen firearm; receipt of stolen firearm; penalty.
A. Any person who commits simple larceny of a firearm with the intent to sell or distribute such firearm is guilty of a Class 3 felony, and the penalty upon conviction shall include a mandatory minimum term of imprisonment of five years.
B. Any person who sells or distributes, attempts to sell or distribute, or possesses with intent to sell or distribute a stolen firearm and who knew or should have known that the firearm was stolen is guilty of a Class 5 felony, and the penalty upon conviction shall include a mandatory minimum term of imprisonment of two years.
C. Notwithstanding
the provisions of §18.2-108, any person who buys or receives a firearm from
another person or aids in concealing a firearm, knowing that the firearm was
stolen, shall be is
guilty of a Class 6 felony and may be proceeded against although the principal
offender is not convicted. The penalty upon
conviction shall include a mandatory minimum term of imprisonment of one year.
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 is at least $2,815,277 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.