24101536D<br><center><b>
HOUSE BILL NO. 158
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Offered January 10, 2024
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Prefiled January 2, 2024
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<i>A BILL to amend the Code of Virginia by adding a section 
 numbered <a href="http://law.lis.virginia.gov/vacode/18.2-56.3">18.2-56.3</a>, relating to firearm locking device 
 required for sale or transfer of firearm; warning against accessibility to children; penalty.</i>
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Patrons-- McClure and Seibold
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Committee Referral Pending
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<p>Be it enacted by the General Assembly of Virginia:</p>
 
 
<p>1. That the Code of Virginia is amended by adding a section 
 numbered <a href="http://law.lis.virginia.gov/vacode/18.2-56.3">18.2-56.3</a> as follows:</p>
 
 
<p><i class=new>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-56.3">18.2-56.3</a>. Firearm 
 lock required for sale or transfer of firearm; 
 child safety warning required; penalty.</i></p>
 
 
<p><i class=new>A. As used in this 
 section, "locking device" means (i) a device that if installed on a 
 firearm and secured by means of a key or a mechanically, electronically, or 
 electromechanically operated combination lock prevents the firearm from being 
 discharged without first deactivating or removing the device by means of a key 
 or a mechanically, 
 electronically, or electromechanically operated combination lock or (ii) a 
 locking mechanism incorporated into the design of a firearm that prevents 
 discharge of the firearm by any person who does not have access to the key or 
 other device designed to unlock the mechanism and thereby allow discharge of 
 the firearm.</i></p>
 
 
<p><i class=new>B. Except as provided 
 in subsection C, it is 
 unlawful for any licensed manufacturer, licensed importer, or licensed dealer 
 to sell, deliver, or transfer any firearm to 
 any person other than a licensed manufacturer, licensed 
 importer, or licensed dealer unless the transferee is provided with a locking 
 device for that firearm and the 
 firearm is accompanied by the following warning, which 
 shall appear in conspicuous and legible type in capital letters and which shall 
 be printed on a label affixed to the firearm 
 and on a separate sheet of paper included within the packaging enclosing the firearm: 
 THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE ASPECT OF RESPONSIBLE 
 FIREARM STORAGE. FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION 
 THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE TO CHILDREN. 
 FAILURE TO PROPERLY LOCK AND STORE YOUR FIREARM MAY RESULT IN CIVIL OR CRIMINAL 
 LIABILITY.</i></p>
 
 
<p><i class=new>C. This section shall 
 not apply to (i) the manufacture for, transfer to, or possession by the 
 Commonwealth or the United States or a department or agency of the Commonwealth 
 or the United States of a firearm or 
 (ii) the transfer to or possession by a law-enforcement officer employed by an 
 entity referred to in clause (i) of a firearm 
 for law-enforcement purposes.</i></p>
 
 
<p><i class=new>D. A violation of 
 this section is punishable as a Class 1 misdemeanor.</i></p>