23104236D
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 18.2-308.7:1 as follows:
§18.2-308.7:1. Storage of firearms; penalty.
A. Any person who possesses a firearm in a residence where such person knows or reasonably should know that a minor under 18 years of age is present shall store such firearm unloaded in a locked container, compartment, or cabinet, and all ammunition shall be stored in a separate locked container, compartment, or cabinet. The key or combination to such locked containers, compartments, or cabinets shall be inaccessible to any minor. A firearm may be stored loaded, provided that (i) such firearm is stored in a biometric storage device and (ii) no minor is an authorized user for the lock of such biometric storage device. Any person who violates this section is guilty of a Class 1 misdemeanor. In a case where more than one firearm in a residence is not stored in accordance with this section, a violation for each such firearm shall constitute a separate Class 1 misdemeanor.
B. The provisions of this section shall not apply to (i) any person in lawful possession of a firearm who carries such firearm on or about his person or (ii) the storage of any antique firearm as defined in §18.2-308.2:2.
C. Nothing in this section shall be construed as preventing any person from lawfully authorizing a minor to access a firearm in accordance with §18.2-56.2.
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 is $0 for periods of commitment to the custody of the Department of Juvenile Justice.