Be it enacted by the General Assembly of Virginia:
1. That §18.2-53.1 of the Code of Virginia is amended and reenacted as follows:
§18.2-53.1. Use or display of firearm in committing felony.
A. It shall be is
unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or
other firearm or display such weapon in a threatening manner while committing
or attempting to commit murder, rape, forcible sodomy, inanimate or animate
object sexual penetration as defined in §18.2-67.2, robbery, carjacking,
burglary, malicious wounding as defined in §18.2-51, malicious bodily injury
to a law-enforcement officer as defined in §18.2-51.1, aggravated malicious
wounding as defined in §18.2-51.2, malicious wounding by mob as defined in §
18.2-41, or abduction. Violation of
this section shall constitute a separate and distinct felony and any person
found guilty thereof shall be sentenced to a mandatory minimum term of
imprisonment of three years for a first conviction,
and to a mandatory minimum term of five years for a second or subsequent
conviction under the provisions of this section. An
additional two-year mandatory minimum
term of imprisonment shall be imposed if such weapon is equipped with a firearm
silencer at the time of the offense.
Such punishment shall be separate and apart from, and shall be made to run
consecutively with, any punishment received for the commission of the primary
felony.
B. For the purposes of this section, "firearm silencer" means any device for silencing, muffling, or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating such device.
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 854 of the Acts of Assembly of 2019 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 cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.