RICHMOND, Va. (WRIC) — Virginia Democrats are trying to curb gun violence in the commonwealth. To do that, several lawmakers have introduced a bill to charge gun owners with a class one misdemeanor if a child gets a hold of their gun and uses it in a crime.
In Virginia, a class one misdemeanor is punishable by a $2500 fine and up to a year in prison.
“Adults should not be leaving guns in drawers that kids can get access to — or leaving them in a public space in their home that a kid can get access to,” Senator-elect Schuyler VanValkenburg, one of the bill’s patrons, told 8News.
VanValkenburg says the legislation was inspired by the death of 13-year-old Lucia Bremer in 2021. Bremer was shot nine times while walking home from school in western Henrico County. Her killer was a 14-year-old who used a loaded handgun found in his home.
“Making sure that we can have a direct part of the legal code that ties punishment to negligence and irresponsible storage is important,” VanValkenburg said.
However, some Second Amendment advocates say the bill has problems.
“It says a new precedent,” said Philip Van Cleave, President of the Virginia Citizens Defense League. “Right now, if your 16-year-old son goes out and steals a car and goes for a joy ride, they don’t put you in jail.”
Plus, Van Cleave says there are no exceptions for minors using a parent’s gun to defend their family.
“There have been 15, 16, 17-year-olds that have used a gun that belongs to their parents to stop a home invasion, or to stop an attack on one of their parents,” Van Cleave explained.
8News brought that concern to VanValkenburg.
“A prosecutor ultimately has to charge you with this crime and a prosecutor is going to look at the facts and evidence and obviously take into account personal defense.,” VanValkenburg responded.
A similar measure was introduced in the General Assembly in 2023, but ultimately failed in the Republican-controlled House of Delegates.
