House Bill No. 1321 - Explanation

This bill aims to amend and reenact a certain section of the Code of Virginia, specifically §18.2-283.2. The purpose of this amendment is to address the issue of carrying firearms or explosive materials within Capitol Square and the surrounding area, as well as into buildings owned or leased by the Commonwealth. The bill also includes exceptions for law-enforcement officers.

Key Details

• Bill Number: 24104703D
• House Bill No.: 1321
• Patron: Wyatt
• Committee Referral: Pending
• Date Offered: January 11, 2024

Summary of the Bill

The main provisions of the bill can be outlined as follows:

1. Definition of Capitol Square and the surrounding area: Capitol Square and the surrounding area is defined as the grounds, land, real property, and improvements bounded by Bank, Governor, Broad, and Ninth Streets in the City of Richmond, as well as the sidewalks of Bank Street extending from 50 feet west of the Pocahontas Building entrance to 50 feet east of the entrance of the Capitol of Virginia.
2. Prohibition: It is illegal for any person to carry a firearm or explosive material within (i) the Capitol of Virginia, (ii) Capitol Square and the surrounding area, (iii) any building owned or leased by the Commonwealth or its agencies, or (iv) any office where Commonwealth employees are regularly present to perform their official duties.
3. Penalty: Violating this prohibition is considered a Class 1 misdemeanor. Law-enforcement officers are authorized to seize any firearm or explosive material carried in violation of this prohibition, which will then be forfeited to the Commonwealth and disposed of as provided by §19.2-386.28 of the Code.
4. Exceptions: The following individuals are exempt from this prohibition while conducting their official duties: (i) law-enforcement officers defined in §9.1-101, (ii) authorized security personnel, (iii) active military personnel, (iv) fire marshals appointed pursuant to §27-30 when they have police powers from §27-34.2:1, or (v) members of a cadet corps recognized by a public institution of higher education while participating in an official ceremonial event for the Commonwealth.
5. Additional Exemptions: State Police officers who are off-duty, as well as retired State Police officers who have undergone annual firearms training and met the standards required of active law-enforcement officers in the Commonwealth, are exempt from clause (ii) of subsection B. The same exemption applies to retired law-enforcement officers who have participated in annual firearms training and qualified pursuant to subsection C of §18.2-308.016.
6. Notice Requirement: The bill also specifies that notice of these provisions must be posted conspicuously along the boundary of Capitol Square and the surrounding area, as well as at the public entrance of each location listed in subsection B. Failure to post such notice will result in no conviction for an offense under subsection B, unless the person had prior knowledge of the prohibition.