Be it enacted by the General Assembly of Virginia:
1. That §§15.2-915 and 15.2-915.5 of the Code of Virginia are amended and reenacted as follows:
§15.2-915. Control of firearms by localities.
A. No A locality shall may adopt or enforce any
ordinance, resolution, or
motion, as permitted by §15.2-1425, and no agent of such
locality shall take any administrative action, governing
the purchase, possession, transfer, ownership,
carrying, storage, or
transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute.
For purposes of this section, a statute that does not refer to firearms,
ammunition, or components or combination thereof, shall not be construed to
provide express authorization in
such locality.
Nothing in this section
shall prohibit a locality from adopting workplace rules relating to terms and
conditions of employment of the workforce. However, no locality shall adopt any
workplace rule, other than for the purposes of a community services board or
behavioral health authority as defined in §37.2-100, that prevents an employee
of that locality from storing at that locality's workplace a lawfully possessed
firearm and ammunition in a locked private motor vehicle. Nothing in this
section shall prohibit a law-enforcement officer, as defined in §9.1-101, from
acting within the scope of his duties.
The provisions of this
section applicable to a locality shall also apply to any authority or to a
local governmental entity, including a department or agency, but not including
any local or regional jail, juvenile detention facility, or state-governed
entity, department, or agency.
B. Any local ordinance,
resolution or motion adopted prior to the effective date of this act governing
the purchase, possession, transfer, ownership, carrying or transporting of
firearms, ammunition, or components or combination thereof, other than those
expressly authorized by statute, is invalid.
C. In addition to any other
relief provided, the court may award reasonable attorney fees, expenses, and
court costs to any person, group, or entity that prevails in an action
challenging (i) an ordinance, resolution, or motion as being in conflict with
this section or (ii) an administrative action taken in bad faith as being in
conflict with this section.
D. For purposes of this
section, "workplace" means "workplace of the locality."
§15.2-915.5. Disposition of firearms acquired by localities.
A. No locality or agent of such locality may participate in any program in which individuals are given a thing of value provided by another individual or other entity in exchange for surrendering a firearm to the locality or agent of such locality unless the governing body of the locality has enacted an ordinance, pursuant to §15.2-1425, authorizing the participation of the locality or agent of such locality in such program.
B. Any ordinance enacted pursuant to this section shall require may provide that any firearm
received, except a firearm of the type defined in §18.2-288 or 18.2-299 or a
firearm the transfer for which is prohibited by federal law, shall may
be offered for sale by public auction or sealed bids to a person licensed as a
dealer pursuant to 18 U.S.C. §921 et seq.
However, no firearm received shall be offered for sale if the individual
surrendering the firearm requests in writing that the firearm be destroyed, and in such case, the
firearm received shall be destroyed by the locality. Notice
of the date, time, and place of any
sale conducted pursuant to this subsection
shall be given by advertisement in at least two newspapers published and having
general circulation in the Commonwealth, at least one of which shall have
general circulation in the locality in which the property to be sold is
located. At least 30 days shall elapse between publication of the notice and
the auction or the date on which sealed bids will be opened. Any firearm
remaining in possession of the locality or agent of the locality after attempts
to sell at public auction or by sealed bids shall be disposed of in a manner
the locality deems proper, which may include destruction of the firearm or,
subject to any registration requirements of federal law, sale of the firearm to
a licensed dealer.
2. That §15.2-915.1 of the Code of Virginia is repealed.