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Panel backs closing 'air/gas-powered weapon' loophole for robbery charges; bill goes to appropriations
Summary
Senate Bill 9-41 would add air- or gas-powered weapons that resemble firearms to robbery statutes; the committee voted to report the bill and refer it to appropriations unanimously.
Richmond — The subcommittee voted to report Senate Bill 9-41 and refer it to the Appropriations Committee after sponsors said the bill closes what they described as a drafting gap that narrowed robbery statutes in recent code changes.
Senator D'Stefpe, sponsor of SB 9-41, told the committee the measure would add "air or gas powered" weapons similar in appearance to firearms — whether capable of firing or not — to the robbery statute. "Today, you can get [air/gas guns] in 20 caliber, 22 caliber, 25 caliber, 30 caliber, 357 caliber, 45 caliber, 50 caliber," the senator said, noting modern air rifles can exceed the velocity of some firearm rounds and have been used in robberies.
Committee counsel reviewed the statutory history and said an earlier recodification narrowed the prior broader common-law approach that had treated objects reasonably understood as firearms as firearms for robbery purposes. Counsel said the language in the bill mirrors long-standing brandishing language and is intended to restore the prior scope.
Commonwealth's Attorneys and local prosecutors testified in support, saying the change would prevent defenses based on later arguing the item was an airsoft or BB gun. "If someone walks into my local bank, commits armed robbery in front of 10 witnesses ... that defense attorney currently can come in and say, well, you can't prove the gun ... was an actual gun," said Bobby Lilly, Commonwealth's Attorney for Giles County, asking the committee to "close this loophole." Counsel also noted the bill requires a fiscal note and so must be sent to appropriations.
After brief questioning, the subcommittee moved and seconded to report SB 9-41; the motion to report and refer to the Appropriations Committee carried unanimously. The clerk later confirmed the referral to appropriations.
The bill sponsor said the measure had broad support from law-enforcement groups and prosecutors and was meant to align robbery penalties with public-safety expectations.
