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2001 SESSION
012272644Be it enacted by the General Assembly of Virginia:
1. That § 18.2-308.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-308.2. Possession or transportation of firearms or concealed weapons by convicted felons; penalties; petition for permit; when issued.
A. It shall be unlawful for (i) any person who has been convicted of a felony
or (ii) any person under the age of twenty-nine who was found guilty as a
juvenile fourteen years of age or older at the time of the offense of a
delinquent act which would be a felony if committed by an adult, whether such
conviction or adjudication occurred under the laws of this Commonwealth, or any
other state, the District of Columbia, the United States or any territory
thereof, to knowingly and intentionally possess or transport any firearm or to
knowingly and intentionally carry about his person, hidden from common
observation, any weapon described in § 18.2-308 A. Any person who violates this
section shall be guilty of a Class 6 felony. However, any person who violates this
section by knowingly and intentionally possessing or transporting any firearm and
who was previously convicted of a violent felony as defined in § 17.1-805 shall
not be eligible for probation, and shall be sentenced to a minimum, mandatory term
of imprisonment of five years. Any person who violates this section by knowingly and
intentionally possessing or transporting any firearm and who was previously
convicted of any other felony shall not be eligible for probation, and shall be
sentenced to a minimum, mandatory term of imprisonment of two years. TheExcept
as herein provided, the minimum, mandatory terms of imprisonment prescribed for
violations of this section shall not be suspended in whole or in part and shall be
served consecutively with any other sentence. The court, in its discretion, may
suspend the minimum, mandatory term of imprisonment in whole or in part where
the violation of this section was based on such person engaging in lawful
hunting and the firearm in his possession was a hunting gun. As used in this
section, "hunting gun" means only a shotgun or standard design hunting rifle
and does not include a handgun or any assault-style weapon. Any firearm or any
concealed weapon possessed, transported or carried in violation of this section shall be forfeited to the Commonwealth
and disposed of as provided in § 18.2-310.
B. The prohibitions of subsection A shall not apply to (i) any person who possesses a firearm or other weapon while carrying out his duties as a member of the armed forces of the United States or of the National Guard of Virginia or of any other state, (ii) any law-enforcement officer in the performance of his duties, or (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the person's political disabilities, may expressly place conditions upon the reinstatement of the person's right to ship, transport, possess or receive firearms.
C. Any person prohibited from possessing, transporting or carrying a firearm under subsection A, may petition the circuit court of the jurisdiction in which he resides for a permit to possess or carry a firearm; however, no person who has been convicted of a felony shall be qualified to petition for such a permit unless his civil rights have been restored by the Governor or other appropriate authority. The court may, in its discretion and for good cause shown, grant such petition and issue a permit. The provisions of this section shall not apply to any person who has been granted a permit pursuant to this subsection.