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2006 SESSION

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HB 1577 Concealed handgun permits; renewal thereof.

Introduced by: Benjamin L. Cline | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Concealed handgun permits.  Eliminates the ability of a locality to require an applicant for a concealed handgun permit to submit fingerprints as part of the renewal of an existing permit.  The bill modifies the current law provision that a court may disqualify an applicant from receiving a concealed handgun permit based upon specific acts that indicate that the applicant would use a weapon unlawfully or negligently by adding a disqualifying conviction and allowing the personal knowledge of a deputy sheriff, police officer or assistant Commonwealth's Attorney to be the basis for the specific acts alleged by the sheriff, chief of police, or Commonwealth's Attorney.  The bill adds a definition of personal knowledge and defines it as knowledge of a fact that a person has himself gained through his own senses or knowledge that was gained by a law-enforcement officer or prosecutor through the performance of his official duties.

A permit holder who changes his address must notify the issuing court of his change of address within 30 days.

The bill provides a 90-day grace period for a member of the armed forces to renew his concealed handgun permit if the permit expired during an active-duty military deployment.  During the 90-day period, which begins when the person returns from deployment, the permit holder would be required to carry written documentation of the start and end dates of the deployment.

The bill requires the Department of State Police, in consultation with the Supreme Court on the development of the application for a concealed handgun permit, to include a reference to the Virginia Supreme Court website address or the Virginia Reports on the application.

Concealed handgun permits would no longer have to be renewed every five years if the Virginia State Police receive an appropriation sufficient to conduct a criminal background check on all valid concealed handgun permits annually.  The bill creates a Class 6 felony for any person who knowingly is in possession of a revoked concealed handgun permit while in possession of a concealed handgun; this provision is also contingent upon an appropriation.

SUMMARY AS PASSED HOUSE:

Concealed handgun permits.  Allows any person designated by the issuing judge to sign a concealed handgun permit, and not just a clerk of court authorized by the issuing judge.

The bill also eliminates the ability of a locality to require an applicant for a concealed handgun permit to submit fingerprints as part of the application.

The law currently allows a court to disqualify an applicant from receiving a concealed handgun permit based upon specific acts that indicate that the applicant would use a weapon unlawfully or negligently.  The bill would require that only acts within the three-year period preceding the application be considered for this disqualification.  A sheriff, chief of police, or Commonwealth's Attorney may submit a statement alleging these specific acts, but the statement must be based upon personal knowledge of such acts by the sheriff, deputy sheriff, chief of police, police officer, Commonwealth's Attorney, assistant Commonwealth's Attorney, or any competent person submitting a notarized written statement.  The bill defines personal knowledge as knowledge of a fact that a person has himself gained through his own senses and not from others or information supplied by others.

The bill provides a 90-day grace period for a member of the armed forces to renew his concealed handgun permit if the permit expired during an active-duty military deployment.  During the 90-day period, which begins when the person returns from deployment, the permit holder would be required to carry written documentation of the start and end dates of the deployment.

The bill would require the Attorney General to make available on his website any Virginia Supreme Court decisions concerning the use of deadly or lethal force.  The website address would be included on a concealed handgun permit application.

Finally, the bill would create a process for renewing a concealed handgun permit.  Currently, a permit holder must repeat the application process and pay the same fee as a person applying for a permit for the first time.  The amendments would allow a person who has not moved out of the county or city that issued his current permit to renew his permit by certifying that he had not committed a disqualifying act.  The permit holder would be required to submit the renewal form at least 45 days prior to the expiration of his current permit.  The court would issue a new permit, and would forward the renewal information to state and local law-enforcement agencies, who would be authorized to run a criminal history background report on the individual.  If an individual has moved, or his permit will expire in less than 45 days, he must follow the regular application procedures.  The provisions of this bill relating to the renewal process will not become effective until July 1, 2007.

This bill incorporates House Bills 167, 424, 769, 830, 1401, and 1578.

SUMMARY AS INTRODUCED:

Concealed handgun permits; authorizing signature.  Allows any person designated by the issuing judge to sign a concealed handgun permit, and not just a clerk of court authorized by the issuing judge.