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Bill

SB 938

Firearms-related offenses; mandatory minimum sentence; penalty.

2025 Regular Session Introduced by Danny Diggs

Virginia bill proposing mandatory minimum sentences for firearms offenses was tabled by committee; would remove judicial sentencing discretion in gun-related criminal cases.

Passed by indefinitely in Courts of Justice (8-Y 5-N)
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Bill Summary · SB 938

Legislative bill overview

SB 938 proposes to establish mandatory minimum sentences for firearms-related offenses in Virginia. The bill was prefiled in early January 2025 and referred to the Committee for Courts of Justice, but was indefinitely tabled (killed) by that committee on January 17, 2025 by a vote of 8-5.

Why is this important

Mandatory minimum sentences are a significant criminal justice policy tool that remove judicial discretion in sentencing and have substantial implications for incarceration rates, prison populations, and criminal justice costs. The narrow committee vote (8-5) indicates this was a contested proposal with meaningful disagreement among lawmakers about its merits.

Potential points of contention

  • Judicial discretion vs. consistency: Mandatory minimums prevent judges from considering individual circumstances (first offense, mitigating factors, defendant background) that might warrant lighter sentences
  • Prison costs and capacity: Mandatory minimums typically increase incarceration rates and state spending on corrections, which competes with other budget priorities
  • Racial and socioeconomic disparities: Research shows mandatory sentencing policies can disproportionately affect minority and lower-income defendants who may have fewer legal resources

Compiled from official sources — confirm details with the bill’s official record.

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