VGCA - Firearm Safety

A SUMMARY OF FIREARMS SAFETY AND LAWS

FIREARMS RESPONSIBILITY FOR ADULTS

Loaded firearms should be under the owners' control at all times and inaccessible to children.

Sporting firearms should never be transported loaded or carried into the home loaded and when kept in the home should be fully controlled at all times.

Firearms should be stored in a location inaccessible to children.

When firearms are removed from storage they should always be checked carefully to confirm that they are unloaded.

FIREARM RESPONSIBILITY FOR CHILDREN

Children should:

Not touch a firearm without adult supervision

Leave the area if a firearm is found and call an adult immediately.

The above safety information condensed from "Firearms Responsibility in the Home." The National Shooting Sports Foundation Inc., 555 Danbury Road, Wilton, CT 06897

10 COMMANDMENTS OF FIREARMS SAFETY

1. Treat every gun with the respect of a loaded gun

2. Watch that muzzle

3. Be sure of your target and beyond

4. Be sure the barrel and action are clear of obstructions.

5. Unload guns when not in use.

6. Never point a gun at anything you do not want to shoot.

7. Never climb a fence or tree or jump a ditch with a loaded firearm.

8. Never shoot a bullet at a flat, hard surface or water.

9. Store guns and ammunition separately.

10. Never use alcoholic beverages or other mood altering drugs before or during shooting.

SUMMARY OF FIREARMS VIOLATIONS AND PENALTIES

Commission of any criminal offense with a firearm (§18.2-310) (Forfeiture of the firearm to the Commonwealth - violations of most hunting laws are criminal offenses)

CLASS 2 FELONY

Possession or use of a "sawed off" shotgun in the commission of a crime of violence (§18.2-300A)

Possession or use of a machine gun in the commission or attempted commission of a crime of violence (§ 18.2 - 289)

Aggravated, malicious wounding of another with a firearm with intent to maim, disfigure, disable or kill (§ 18.2-51.2)

CLASS 3 FELONY

Maliciously shooting with a firearm any person with the intent to maim, disfigure, disable or kill (§18.2-51)

CLASS 4 FELONY

Unauthorized possession or use of a "sawed off" shotgun (§18.2-300)

Unlawful possession or use of a machine gun for an offensive or aggressive purpose (§18.2-290)

Maliciously discharging a firearm within or at an occupied building so as to endanger a life (§18.2-279)

Willfully discharging a firearm on public property within 1000 feet of any school (§18.2-280)

CLASS 5 FELONY

The purchase of a firearm with intent to resell or provide it to any person who is ineligible to purchase or receive a firearm (§ 18.2-308:2:2(M)(i)

The purchase of a firearm with the intent to transport it out of the Commonwealth to be resold or otherwise provided to an ineligible person (§18.2-308.2(M)(ii)

Making a materially false statement on the consent from authorizing a firearms dealer to obtain criminal history record information (§18.2-308:2:2(K))

Manufacture, import, sale, transfer or possession of a plastic firearm (§18.2-308.5)

Use or attempted use of restricted ammunition (e.g., plastic coated) in commission or attempted commission of a crime (§18.2-308.4)

CLASS 6 FELONY

Knowingly possess a firearm while in unlawful possession of a Schedule I controlled substance or cocaine or a derivative thereof. (§18.2-308.4)

Possession of an unregistered firearm muffler or silencer (§18.2-308.6)

The knowing and intentional possession or transportation of a firearm by a convicted felon (§18.2-308.2)

Discharging a firearm within or at an occupied building so as to endanger a life. (§18.2-279)

Setting a spring or remote firearm activated by a person coming in contact therewith (§18.2-281)

Brandishing a firearm for other than excusable or justifiable self defense on public property within 1000 feet of any school (§18.2-282)

Use or display of a firearm in the commission or attempted commission of designated felonies (§18.2-53.1) (Mandatory 2 year term of imprisonment for a first offense and 4 year mandatory term of imprisonment for a second subsequent offense)

Shooting with a firearm any person with the intent to maim, disfigure, disable or kill (§18.2-51)

Unlawfully wounding another person with a firearm while in the commission or attempted commission of a felony (§18.2-53)

Any person who uses a false or fictitious name or address in any application for a drivers license with the intent to purchase a firearm (§46.2-348)

CLASS 1 MISDEMEANOR

The sale or transfer of a firearm by a dealer in violation of the requirement for a criminal history record information check (§18.2-308.2:2(L))

Knowingly selling or furnishing a firearm to a person known to be a felon or known to have been acquitted of designated criminal charges by reason of insanity (§18.2-308.2:1)

The carrying of a concealed forearm by any person other than a felon (§18.2-308) (second offense punishable as a class 6 Felony and subsequent offenses as Class 5 Felony)

Possession of a firearm on school property (§18.2-308-1)

To knowingly and intentionally possess or transport of a firearm by any person acquitted of any felony or designated misdemeanors by reason of insanity (§18.2-308.1:1)

Removing, altering, etc., the serial number or other identification mark on a firearm (§18.2-311.1)

Willfully discharging a firearm in a public place (§18.2-280)

Brandishing a firearm for other than excusable or justifiable self defense (§18.2-282)

Possessing in or transporting into any courthouse a firearm (§18.2-283.1)

Carrying a loaded semi-automatic center fire rifle or pistol with a 20-plus round magazine or a shotgun which will hold more than 7 rounds on any public place (§18.2-287.4)

Reckless handling of a firearm so as to endanger the life, limb or property of any other person (§18.2-56.1)

Assault and battery against a person known to be a law enforcement officer engaged in the performance of his duties by the use of a firearm (§18.2-57.1) (six months mandatory confinement)

CLASS 3 MISDEMEANOR

Hunting with a firearm while under the influence of any intoxicant or narcotic drug (§18.2-285)

Recklessly leaving a loaded, unsecured firearm in a manner so as to endanger the life or limb or any child under the age of 14 (§18.2-56.2)

CLASS 4 MISDEMEANOR

Furnishing a handgun to a person known to be a minor (§18.2-309)

Carrying a firearm into a place of worship without a good cause (§18.2-283)

Discharging a firearm in or along any road, or within the road right of way thereof, or in any street of a city or town (§18.2-286)

Transporting a loaded rifle or shotgun on any public street, road or highway within a locality having an ordinance prohibiting such conduct (§18.2-287.1) (Fine of up to $100)

Possession of a loaded firearm by any person under the age of 18 while in any public place or upon any public highway in violation of a local ordinance (§18.2-287.3) (Fine of up to $100)

§18.2-9 CLASSIFICATION OF CRIMINAL OFFENSES

(1) Felonies are classified, for the purposes of punishment and sentencing, into six classes:

(a) Class 1 felony

(b) Class 2 felony

(d) Class 4 felony

(e) Class 5 felony

(f) Class 6 felony

(2) Misdemeanors are classified, for the purpose of punishment and sentencing, into four classes:

(a) Class 1 misdemeanor

(b) Class 2 misdemeanor

(d) Class 4 misdemeanor

§18.2-10 PUNISHMENT FOR CONVICTION OF FELONY

The authorized punishments for conviction of a felony are:

(a) For Class 1 felonies, death or imprisonment for life.

(b) For Class 2 felonies, imprisonment for life or for a term not less than 20 years and/or a fine not more than $100,000.

(d) For Class 4 felonies, imprisonment not less than 2 years or more than 10 and/or a fine or not more than $100,000.

(e) For class 5 felonies, imprisonment not less than 1 year or more than 10, or the discretion of the jury or court trying the case, confinement not more than 12 months and/or a fine not more than $2,500.

(f) For Class 6 felonies, imprisonment not less than 1 year or more than 5, or the discretion of the jury or court trying the case, confinement not more than 12 months and/or a fine not more than $2,500.

(g) Except as specifically authorized in subdivision (e) or (f), or in Class 1 felonies for which a sentence of death is imposed, the court shall impose either a sentence of imprisonment together with a fine, or imprisonment only.

§ 18.2-11. PUNISHMENT FOR CONVICTION OF MISDEMEANOR

The authorized punishments for conviction of a misdemeanor are:

(a) For Class 1 misdemeanors, confinement in jail for not more than 12 months and/or a fine of not more than $2,500.

(b) For Class 2 misdemeanors, confinement in jail for not more than 6 months and/or a fine of not more than $1,000.

(d) For Class 4 misdemeanors, a fine of not more than $250.

(§ 18.2-308.7), CODE OF VIRGINIA

Any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth, except as provided below; For the purpose of this section, a handgun means any pistol or revolver or other firearm originally designed, made and intended to fire a projectile by means of an explosion from one or more barrels when held in the hand and an "assault firearm" is defined as any (i) semi-automatic center fire rifle or pistol which expels a projectile by action of an explosion and is equipped at the time of the offense with a magazine which will hold more than twenty rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than seven of the longest ammunition for which it is chambered. (exceptions to the above are listed below)

While in his home or on his property.

While in the home or on the property of his parent, grandparent, or legal guardian.

While on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property.

While accompanied by an adult is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported..

While actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported.

While carrying out his duties in the armed forces of the United States or the National Guard of this Commonwealth or any other state.

Any person to purchase a firearm with the intent to resell or otherwise provide such firearm to any person who is ineligible to purchase or otherwise receive a firearm from a dealer for whatever reasons or to purchase a firearm to transport such firearm out of the Commonwealth to be resold or otherwise provided to an ineligible person.

(§ 18.2-308.7) Code of Virginia

Unlawful for any person to import into the Commonwealth or purchase, sell, transfer within the Commonwealth the Striker 12, commonly called a "Streetsweeper' or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding twelve shotgun shells or the Intra-Tec semi automatic assault pistol or any replica of duplicate thereof.

(§ 18.2-287) - Grants authority to the governing body of any county to adopt ordinances making it unlawful to possess a loaded firearm on any part of a public highway.

(§18.2-287.1) - Grants authority to the governing body of any county to adopt ordinances making it unlawful to transport a loaded rifle or shotgun.

(§18.2 - 310) - Weapons used in commission of a criminal offense, may, upon conviction be forfeited to the Commonwealth.

(§29.1 -526) - The governing body of any county or city may prohibit by ordinance the hunting or trapping within 100 yards of a primary or secondary road.

This is a summary of the applicable laws governing the use, possession and transportation of firearms in Virginia. The Code of Virginia contains the details of these laws. Additional information may be obtained by contacting the Virginia Department of State Police or the Virginia Department of Game & Inland Fisheries.

See the current Department of Game and Inland Fisheries hunting regulations pamphlet to specific laws pertaining to individual counties on limitations, use, transportation of firearms for hunting.

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