Be it enacted by the General Assembly of Virginia:
1. That §§18.2-289 and 18.2-290 of the Code of Virginia are amended and reenacted as follows:
§18.2-289. Use of machine gun or auto sear for crime of violence; penalty.
A. Possession or use of a machine gun or auto sear in the perpetration or attempted perpetration of a crime of violence is hereby declared to be a Class 2 felony.
B. For the purposes of this section, "auto sear" means a small device with a combination of parts made of metal or plastic designed and intended for use in converting a weapon into a machine gun, as defined by 26 U.S.C. 5845(b).
§18.2-290. Use of machine gun or auto sear for aggressive purpose; penalty.
A. Unlawful possession or use of a machine gun or auto sear for an offensive or aggressive purpose is hereby declared to be a Class 4 felony.
B. For the purposes of this section, "auto sear" means the same as this term is defined in §18.2-289.
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 2 of the Acts of Assembly of 2022, 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.