SB78 • 2026

Firearms-related offenses; increases mandatory minimum sentence, penalty.

<p class=ldtitle>A BILL to amend and reenact § 18.2-53.1 of the Code of Virginia, relating to use or display of firearm in committing felony; mandatory minimum sentences; penalty.</p>

Crime Firearms

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Diggs
Last action: 2026-01-26
Official status: Failed
Effective date: Not listed

Plain English Breakdown

The official source material does not specify which felonies are covered by this law beyond mentioning certain crimes. The exact cost of enforcing this new sentence is only provided for adult offenders, and cannot be determined for juvenile offenders.

Increasing Penalties for Using Firearms During Felonies

This law increases the mandatory minimum sentence from five years to ten years for a second or subsequent offense involving the use or display of a firearm during certain felonies.

What This Bill Does

Increases the mandatory minimum prison time from five years to ten years for someone who uses or displays a gun while committing a serious crime, if it's their second or later offense.

Who It Names or Affects

People who use or display firearms during certain felonies will face longer mandatory minimum sentences if it's their second or later offense.

Terms To Know

Mandatory Minimum Sentence: The shortest amount of time a person must spend in prison for breaking the law, as set by the law itself.
Felony: A serious crime that can result in more than one year in prison or even death penalty.

Limits and Unknowns

The exact cost of enforcing this new sentence cannot be determined for juvenile offenders.
This law only affects people who use firearms during specific felonies and does not cover all types of crimes.

Bill History

2026-01-26 Courts of Justice
Passed by indefinitely in Courts of Justice (9-Y 5-N)
2026-01-06 Senate
Fiscal Impact statement From VCSC (1/6/2026 2:15 pm)
2025-12-26 Senate
Prefiled and ordered printed; Offered 01-14-2026 26100465D
2025-12-26 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Firearms-related offenses; mandatory minimum sentences; penalty.
Increases from five to 10 years for a second or subsequent offense the mandatory minimum sentence for use or display of a firearm during the commission of certain felonies.

Current Bill Text

Read the full stored bill text

A BILL to amend and reenact §
18.2-53.1
of the Code of Virginia, relating to use or display of firearm in committing felony; mandatory minimum sentences; penalty.

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.

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
constitutes
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
10
years for a second or subsequent conviction under the provisions of this section. 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.

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 is $24,976 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.