Virginia House Bill HB1515

Virginia 2023 Regular Session

• Introduced: 1/4/23
• Refer: 1/4/23

Caption

Auto sear; prohibition on use penalty.

Impact

The proposed changes are anticipated to have a significant impact on the enforcement of firearm regulations in the state. By enhancing penalties, the bill seeks to deter the use of these dangerous devices in criminal activities. The amendment to §§18.2-289 and 18.2-290 is likely to lead to an increased number of severe charges against individuals who unlawfully possess such devices, thus potentially elevating incarceration rates. Additionally, the financial implications for incarceration and administrative measures within the criminal justice system remain undefined but are noted as a potential concern.

Summary

House Bill 1515 aims to amend Virginia's laws concerning the possession and use of machine guns and auto sears, particularly in relation to crimes of violence. The bill establishes stringent penalties for individuals found to possess or use a machine gun or auto sear while committing a violent crime, categorizing such actions as a Class 2 felony. The law defines 'auto sear' as a device intended to convert a firearm into a machine gun, aligning it with federal definitions to ensure consistency and clarity in its enforcement.

Contention

Debate around HB1515 may arise, particularly among those who view increased penalties as a necessary measure for public safety and those who argue that it could lead to disproportionate consequences for non-violent offenders. Concerns may also be raised regarding the effectiveness of harsher penalties in reducing gun-related violence, with discussions likely focusing on the balance between public safety and the rights of law-abiding firearm owners. Ultimately, the bill's journey through the legislative process will reflect differing philosophies on criminal justice and firearm regulation in Virginia.