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2004 SESSION
Be 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, stun weapons, tasers, explosives 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 29 who was found guilty as a juvenile 14
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 the 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 stun weapon or, taser as
defined by § 18.2-308.1 or any explosive material, or to knowingly and
intentionally carry about his person, hidden from common observation, any weapon described in
subsection A of § 18.2-308. However, such person may possess in his residence
or the curtilage thereof a stun weapon or taser as defined by § 18.2-308.1. 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. 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. Any firearm,
stun weapon or taser as defined by § 18.2-308.1, 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, explosive material 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, explosive material, stun weapon or taser under subsection A, may petition the circuit court of the jurisdiction in which he resides for a permit to possess or carry a firearm, explosive material, stun weapon or taser; 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.
D. For the purpose of this section "explosive material" means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, smokeless gun powder, detonators, blasting caps and detonating cord but shall not include fireworks or permissible fireworks as defined in § 27-95.
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, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.