SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2004 SESSION

  • | print version

SB 326 Concealed weapons; applicability while engaged in hunting.

Introduced by: Kenneth W. Stolle | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Concealed weapons; concealed handgun permits. Provides that the possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting carries a concealed handgun permit. The bill also exempts from the requirements game wardens, Virginia Marine Police officers retired from the Law Enforcement Division of the Virginia Marine Resources Commission, and other law-enforcement officials who have reached the age of 55, other than officers terminated for cause. Furthermore, a retired law-enforcement officer from the Department of Game and Inland Fisheries or the U.S. Marshals Service is exempt from paying a fee for a concealed handgun permit.

When applying for a concealed handgun permit, there is no requirement as to the length of time an applicant must have been a resident or domiciliary of the county or city where he applies. An applicant is required to provide his social security number on an application, but the bill provides an exemption that allows the social security numbers to be withheld from public disclosure. However, the social security number may not be withheld from a law-enforcement official acting in the perfomance of his official duties. If an application for a concealed handgun permit is denied, the denial order must state the basis for the denial and state the applicant's right for perfecting an appeal of the decision. The bill clarifies that misdemeanors set forth in Title 46.2 shall not be considered disqualifications for a concealed handgun permit. If a court does not issue or deny an application for a concealed handgun permit within the required 45-day period, the bill establishes a procedure by which the application itself will become a de facto concealed handgun permit, valid for 90 days.

The bill would recognize a concealed weapons permit or license issued by another state to a person 21 years of age or older as a valid concealed handgun permit in the Commonwealth. The law currently recognizes only certain out-of-state concealed handgun permits. For purposes of reciprocity, the official government-issued identification cards issued to active-duty law-enforcement officers in the Commonwealth who are exempt from obtaining concealed handgun permits shall serve a concealed handgun permit.

Finally, the bill sets forth a definition of "law-enforcement officer" to be used throughout § 18.2-308.


FULL TEXT

AMENDMENTS

HISTORY