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2011 SESSION
11103757DBe it enacted by the General Assembly of Virginia:
1. That [ § 18.2-308 of the Code of
Virginia is amended and reenacted and that ] the Code of
Virginia is amended by adding in Article 4 of Chapter 7 of Title 18.2 a section
numbered 18.2-287.5 as follows:
§ 18.2-287.5. Carrying a firearm while under the influence of alcohol or illegal drugs and consuming alcohol while carrying a firearm; penalty.
A. A person who is under the influence of alcohol or illegal drugs while carrying a loaded firearm [ on or about his person ] in a public place is guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.
B. A person who carries a loaded firearm [ on or about his person ] onto the premises of any restaurant or club as defined in § 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 and consumes an alcoholic beverage while on the premises is guilty of a Class 2 misdemeanor.
[ C. The provisions of this section shall not
apply to law-enforcement officers, licensed security guards, or military
personnel in the performance of their lawful duties. The exemptions set forth
in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.
The provisions of this subsection shall not apply to law-enforcement officers
or military personnel in the performance of their lawful duties as
law-enforcement officers. ]
[ § 18.2-308. Personal protection; carrying concealed
weapons; when lawful to carry.
A. If any person carries about his person, hidden
from common observation, (i) any pistol, revolver, or other weapon designed or
intended to propel a missile of any kind by action of an explosion of any
combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic
knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack;
(iii) any flailing instrument consisting of two or more rigid parts connected
in such a manner as to allow them to swing freely, which may be known as a nun
chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of
whatever configuration, having at least two points or pointed blades which is
designed to be thrown or propelled and which may be known as a throwing star or
oriental dart; or (v) any weapon of like kind as those enumerated in this
subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of
this section or a conviction under this section subsequent to any conviction
under any substantially similar ordinance of any county, city, or town shall be
punishable as a Class 6 felony, and a third or subsequent such violation shall
be punishable as a Class 5 felony. For the purpose of this section, a weapon
shall be deemed to be hidden from common observation when it is observable but
is of such deceptive appearance as to disguise the weapon's true nature.
B. This section shall not apply to any person
while in his own place of abode or the curtilage thereof.
Except as provided in subsection J1, this section
shall not apply to:
1. Any person while in his own place of abode or
the curtilage thereof;
2. Any person while in his own
place of business;
23. Any
law-enforcement officer, wherever such law-enforcement officer may travel in
the Commonwealth;
34. Any
regularly enrolled member of a target shooting organization who is at, or going
to or from, an established shooting range, provided that the weapons are
unloaded and securely wrapped while being transported;
45. Any
regularly enrolled member of a weapons collecting organization who is at, or
going to or from, a bona fide weapons exhibition, provided that the weapons are
unloaded and securely wrapped while being transported;
56. Any
person carrying such weapons between his place of abode and a place of purchase
or repair, provided the weapons are unloaded and securely wrapped while being
transported;
67. Any
person actually engaged in lawful hunting, as authorized by the Board of Game
and Inland Fisheries, under inclement weather conditions necessitating
temporary protection of his firearm from those conditions, provided that
possession of a handgun while engaged in lawful hunting shall not be construed
as hunting with a handgun if the person hunting is carrying a valid concealed
handgun permit;
78. Any
State Police officer retired from the Department of State Police, any officer
retired from the Division of Capitol Police, any local law-enforcement officer,
auxiliary police officer or animal control officer retired from a police
department or sheriff's office within the Commonwealth, any special agent
retired from the State Corporation Commission or the Alcoholic Beverage Control
Board, any conservation police officer retired from the Department of Game and
Inland Fisheries, and any Virginia Marine Police officer retired from the Law
Enforcement Division of the Virginia Marine Resources Commission, other than an
officer or agent terminated for cause, (i) with a service-related disability;
(ii) following at least 15 years of service with any such law-enforcement
agency, board or any combination thereof; (iii) who has reached 55 years of
age; or (iv) who is on long-term leave from such law-enforcement agency or
board due to a service-related injury, provided such officer carries with him
written proof of consultation with and favorable review of the need to carry a
concealed handgun issued by the chief law-enforcement officer of the last such
agency from which the officer retired or the agency that employs the officer
or, in the case of special agents, issued by the State Corporation Commission
or the Alcoholic Beverage Control Board. A copy of the proof of consultation
and favorable review shall be forwarded by the chief or the Board to the
Department of State Police for entry into the Virginia Criminal Information
Network. The chief law-enforcement officer shall not without cause withhold
such written proof if the retired law-enforcement officer otherwise meets the
requirements of this section. An officer set forth in clause (iv) of this
subdivision who receives written proof of consultation to carry a concealed handgun
shall surrender such proof of consultation upon return to work or upon
termination of employment with the law-enforcement agency. Notice of the
surrender shall be forwarded to the Department of State Police for entry into
the Virginia Criminal Information Network. However, if such officer retires on
disability because of the service-related injury, and would be eligible under
clause (i) of this subdivision for written proof of consultation to carry a
concealed handgun, he may retain the previously issued written proof of
consultation. A retired law-enforcement officer who receives proof of
consultation and favorable review pursuant to this subdivision is authorized to
carry a concealed handgun in the same manner as a law-enforcement officer
authorized to carry a concealed handgun pursuant to subdivision 2 3
of this subsection.
7a9. Any
person who is eligible for retirement with at least 20 years of service with a
law-enforcement agency or board mentioned in subdivision 7 8 who
has resigned in good standing from such law-enforcement agency or board to
accept a position covered by a retirement system that is authorized under Title
51.1, provided such person carries with him written proof of consultation with
and favorable review of the need to carry a concealed handgun issued by the
chief law-enforcement officer of the agency from which he resigned or, in the
case of special agents, issued by the State Corporation Commission or the
Alcoholic Beverage Control Board. A copy of the proof of consultation and favorable
review shall be forwarded by the chief, Board or Commission to the Department
of State Police for entry into the Virginia Criminal Information Network. The
chief law-enforcement officer shall not without cause withhold such written
proof if the law-enforcement officer otherwise meets the requirements of this
section.
For purposes of applying the reciprocity provisions
of subsection P, any person granted the privilege to carry a concealed handgun
pursuant to subdivision 7 8 or this subdivision, while carrying
the proof of consultation and favorable review required, shall be deemed to
have been issued a concealed handgun permit.
For purposes of complying with the federal Law
Enforcement Officers Safety Act of 2004, a retired or resigned law-enforcement
officer who receives proof of consultation and review pursuant to subdivision
7 8 or this subdivision shall have the opportunity to annually
participate, at the retired or resigned law-enforcement officer's expense, in
the same training and testing to carry firearms as is required of active
law-enforcement officers in the Commonwealth. If such retired or resigned
law-enforcement officer meets the training and qualification standards, the
chief law-enforcement officer shall issue the retired or resigned officer
certification, valid one year from the date of issuance, indicating that the
retired or resigned officer has met the standards of the agency to carry a
firearm;
810. Any
State Police officer who is a member of the organized reserve forces of any of
the armed services of the United States, national guard, or naval militia,
while such officer is called to active military duty, provided such officer
carries with him written proof of consultation with and favorable review of the
need to carry a concealed handgun issued by the Superintendent of State Police.
The proof of consultation and favorable review shall be valid as long as the
officer is on active military duty and shall expire when the officer returns to
active law-enforcement duty. The issuance of the proof of consultation and
favorable review shall be entered into the Virginia Criminal Information
Network. The Superintendent of State Police shall not without cause withhold
such written proof if the officer is in good standing and is qualified to carry
a weapon while on active law-enforcement duty.
For purposes of applying the reciprocity provisions
of subsection P, any person granted the privilege to carry a concealed handgun
pursuant to this subdivision, while carrying the proof of consultation and
favorable review required, shall be deemed to have been issued a concealed
handgun permit;
911. Any
attorney for the Commonwealth or assistant attorney for the Commonwealth,
wherever such attorney may travel in the Commonwealth; and
1012. Any
person who may lawfully possess a firearm and is carrying a handgun while in a
personal, private motor vehicle or vessel and such handgun is secured in a
container or compartment in the vehicle or vessel.
C. This section shall also not apply to any of the
following individuals while in the discharge of their official duties, or while
in transit to or from such duties:
1. Carriers of the United States mail;
2. Officers or guards of any state correctional
institution;
3. [Repealed.]
4. Conservators of the peace, except that an
attorney for the Commonwealth or assistant attorney for the Commonwealth may
carry a concealed handgun pursuant to subdivision B 9 B 11.
However, the following conservators of the peace shall not be permitted to
carry a concealed handgun without obtaining a permit as provided in subsection
D hereof: (a) notaries public; (b) registrars; (c) drivers, operators or other
persons in charge of any motor vehicle carrier of passengers for hire; or (d)
commissioners in chancery;
5. Noncustodial employees of the Department of
Corrections designated to carry weapons by the Director of the Department of
Corrections pursuant to § 53.1-29; and
6. Harbormaster of the City of Hopewell.
D. Any person 21 years of age or older may apply in
writing to the clerk of the circuit court of the county or city in which he
resides, or if he is a member of the United States Armed Forces, the county or
city in which he is domiciled, for a five-year permit to carry a concealed
handgun. There shall be no requirement regarding the length of time an
applicant has been a resident or domiciliary of the county or city. The
application shall be made under oath before a notary or other person qualified
to take oaths and shall be made only on a form prescribed by the Department of State
Police, in consultation with the Supreme Court, requiring only that information
necessary to determine eligibility for the permit. The clerk shall enter on the
application the date on which the application and all other information
required to be submitted by the applicant is received. The court shall consult
with either the sheriff or police department of the county or city and receive
a report from the Central Criminal Records Exchange. As a condition for
issuance of a concealed handgun permit, the applicant shall submit to
fingerprinting if required by local ordinance in the county or city where the
applicant resides and provide personal descriptive information to be forwarded
with the fingerprints through the Central Criminal Records Exchange to the
Federal Bureau of Investigation for the purpose of obtaining criminal history
record information regarding the applicant, and obtaining fingerprint
identification information from federal records pursuant to criminal
investigations by state and local law-enforcement agencies. However, no local
ordinance shall require an applicant to submit to fingerprinting if the
applicant has an existing concealed handgun permit issued pursuant to this
section and is applying for a new five-year permit pursuant to subsection I.
Where feasible and practical, the local law-enforcement agency may transfer
information electronically to the State Police instead of inked fingerprint
cards. Upon completion of the criminal history records check, the State Police
shall return the fingerprint cards to the submitting local agency or, in the
case of scanned fingerprints, destroy the electronic record. The local agency
shall then promptly notify the person that he has 21 days from the date of the
notice to request return of the fingerprint cards, if any. All fingerprint
cards not claimed by the applicant within 21 days of notification by the local
agency shall be destroyed. All optically scanned fingerprints shall be
destroyed upon completion of the criminal history records check without
requiring that the applicant be notified. Fingerprints taken for the purposes
described in this section shall not be copied, held or used for any other
purposes. The court shall issue the permit and notify the State Police of the
issuance of the permit within 45 days of receipt of the completed application
unless it is determined that the applicant is disqualified. A court may
authorize the clerk to issue concealed handgun permits, without judicial
review, to applicants who have submitted complete applications, for whom the
criminal history records check does not indicate a disqualification and, after
consulting with either the sheriff or police department of the county or city,
about which there are no outstanding questions or issues concerning the application.
The court clerk shall be immune from suit arising from any acts or omissions
relating to the issuance of concealed handgun permits without judicial review
pursuant to this section unless the clerk was grossly negligent or engaged in
willful misconduct. This subsection shall not be construed to limit, withdraw,
or overturn any defense or immunity already existing in statutory or common
law, or to affect any cause of action accruing prior to July 1, 2010. Upon
denial of the application, the clerk shall provide the person with notice, in
writing, of his right to an ore tenus hearing. Upon request of the applicant
made within 21 days, the court shall place the matter on the docket for an ore
tenus hearing. The applicant may be represented by counsel, but counsel shall
not be appointed, and the rules of evidence shall apply. The final order of the
court shall include the court's findings of fact and conclusions of law. Any
order denying issuance of the permit shall state the basis for the denial of
the permit and the applicant's right to and the requirements for perfecting an
appeal of such order pursuant to subsection L. Only a circuit court judge may
deny issuance of a permit. An application is deemed complete when all
information required to be furnished by the applicant is delivered to and
received by the clerk of court before or concomitant with the conduct of a
state or national criminal history records check. If the court has not issued
the permit or determined that the applicant is disqualified within 45 days of
the date of receipt noted on the application, the clerk shall certify on the
application that the 45-day period has expired, and send a copy of the
certified application to the applicant. The certified application shall serve
as a de facto permit, which shall expire 90 days after issuance, and shall be
recognized as a valid concealed handgun permit when presented with a valid
government-issued photo identification pursuant to subsection H, until the
court issues a five-year permit or finds the applicant to be disqualified. If
the applicant is found to be disqualified after the de facto permit is issued,
the applicant shall surrender the de facto permit to the court and the
disqualification shall be deemed a denial of the permit and a revocation of the
de facto permit. If the applicant is later found by the court to be
disqualified after a five-year permit has been issued, the permit shall be
revoked. The clerk of court may withhold from public disclosure the social
security number contained in a permit application in response to a request to
inspect or copy any such permit application, except that such social security
number shall not be withheld from any law-enforcement officer acting in the
performance of his official duties.
E. The following persons shall be deemed
disqualified from obtaining a permit:
1. An individual who is ineligible to possess a
firearm pursuant to § 18.2-308.1:1, 18.2-308.1:2 or 18.2-308.1:3 or the
substantially similar law of any other state or of the United States.
2. An individual who was ineligible to possess a
firearm pursuant to § 18.2-308.1:1 and who was discharged from the custody of
the Commissioner pursuant to § 19.2-182.7 less than five years before the date
of his application for a concealed handgun permit.
3. An individual who was ineligible to possess a
firearm pursuant to § 18.2-308.1:2 and whose competency or capacity was
restored pursuant to § 37.2-1012 less than five years before the date of his
application for a concealed handgun permit.
4. An individual who was ineligible to possess a
firearm under § 18.2-308.1:3 and who was released from commitment less than
five years before the date of this application for a concealed handgun permit.
5. An individual who is subject to a restraining
order, or to a protective order and prohibited by § 18.2-308.1:4 from
purchasing or transporting a firearm.
6. An individual who is prohibited by § 18.2-308.2
from possessing or transporting a firearm, except that a permit may be obtained
in accordance with subsection C of that section.
7. An individual who has been convicted of two or
more misdemeanors within the five-year period immediately preceding the
application, if one of the misdemeanors was a Class 1 misdemeanor, but the
judge shall have the discretion to deny a permit for two or more misdemeanors
that are not Class 1. Traffic infractions and misdemeanors set forth in Title
46.2 shall not be considered for purposes of this disqualification.
8. An individual who is addicted to, or is an
unlawful user or distributor of, marijuana or any controlled substance.
9. An individual who has been convicted of a
violation of § 18.2-266 or a substantially similar local ordinance, or of
public drunkenness, or of a substantially similar offense under the laws of any
other state, the District of Columbia, the United States, or its territories
within the three-year period immediately preceding the application, or who is a
habitual drunkard as determined pursuant to § 4.1-333.
10. An alien other than an alien lawfully admitted
for permanent residence in the United States.
11. An individual who has been discharged from the
Armed Forces of the United States under dishonorable conditions.
12. An individual who is a fugitive from justice.
13. An individual who the court finds, by a
preponderance of the evidence, based on specific acts by the applicant, is
likely to use a weapon unlawfully or negligently to endanger others. The
sheriff, chief of police, or attorney for the Commonwealth may submit to the
court a sworn written statement indicating that, in the opinion of such
sheriff, chief of police, or attorney for the Commonwealth, based upon a
disqualifying conviction or upon the specific acts set forth in the statement,
the applicant is likely to use a weapon unlawfully or negligently to endanger
others. The statement of the sheriff, chief of police, or the attorney for the
Commonwealth shall be based upon personal knowledge of such individual or of a
deputy sheriff, police officer, or assistant attorney for the Commonwealth of
the specific acts, or upon a written statement made under oath before a notary
public of a competent person having personal knowledge of the specific acts.
14. An individual who has been convicted of any
assault, assault and battery, sexual battery, discharging of a firearm in
violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation
of § 18.2-282 within the three-year period immediately preceding the
application.
15. An individual who has been convicted of
stalking.
16. An individual whose previous convictions or
adjudications of delinquency were based on an offense which would have been at
the time of conviction a felony if committed by an adult under the laws of any
state, the District of Columbia, the United States or its territories. For
purposes of this disqualifier, only convictions occurring within 16 years
following the later of the date of (i) the conviction or adjudication or (ii)
release from any incarceration imposed upon such conviction or adjudication
shall be deemed to be "previous convictions."
17. An individual who has a felony charge pending
or a charge pending for an offense listed in subdivision 14 or 15.
18. An individual who has received mental health
treatment or substance abuse treatment in a residential setting within five
years prior to the date of his application for a concealed handgun permit.
19. An individual not otherwise ineligible pursuant
to this section, who, within the three-year period immediately preceding the
application for the permit, was found guilty of any criminal offense set forth
in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of this title or of a
criminal offense of illegal possession or distribution of marijuana or any
controlled substance, under the laws of any state, the District of Columbia, or
the United States or its territories.
20. An individual, not otherwise ineligible
pursuant to this section, with respect to whom, within the three-year period
immediately preceding the application, upon a charge of any criminal offense
set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of this title or
upon a charge of illegal possession or distribution of marijuana or any
controlled substance under the laws of any state, the District of Columbia, or
the United States or its territories, the trial court found that the facts of
the case were sufficient for a finding of guilt and disposed of the case
pursuant to § 18.2-251 or the substantially similar law of any other state, the
District of Columbia, or the United States or its territories.
21. An individual who has been convicted of a
violation of § 18.2-287.5 within the five-year period immediately preceding the
application.
F. The making of a materially false statement in an
application under this section shall constitute perjury, punishable as provided
in § 18.2-434.
G. The court shall require proof that the applicant
has demonstrated competence with a handgun and the applicant may demonstrate
such competence by one of the following, but no applicant shall be required to
submit to any additional demonstration of competence, nor shall any proof of
demonstrated competence expire:
1. Completing any hunter education or hunter safety
course approved by the Department of Game and Inland Fisheries or a similar
agency of another state;
2. Completing any National Rifle Association
firearms safety or training course;
3. Completing any firearms safety or training
course or class available to the general public offered by a law-enforcement
agency, junior college, college, or private or public institution or
organization or firearms training school utilizing instructors certified by the
National Rifle Association or the Department of Criminal Justice Services;
4. Completing any law-enforcement firearms safety
or training course or class offered for security guards, investigators, special
deputies, or any division or subdivision of law enforcement or security
enforcement;
5. Presenting evidence of equivalent experience
with a firearm through participation in organized shooting competition or
current military service or proof of an honorable discharge from any branch of
the armed services;
6. Obtaining or previously having held a license to
carry a firearm in the Commonwealth or a locality thereof, unless such license
has been revoked for cause;
7. Completing any firearms training or safety
course or class, including an electronic, video, or on-line course, conducted
by a state-certified or National Rifle Association-certified firearms
instructor;
8. Completing any governmental police agency
firearms training course and qualifying to carry a firearm in the course of
normal police duties; or
9. Completing any other firearms training which the
court deems adequate.
A photocopy of a certificate of completion of any
of the courses or classes; an affidavit from the instructor, school, club,
organization, or group that conducted or taught such course or class attesting
to the completion of the course or class by the applicant; or a copy of any
document which shows completion of the course or class or evidences participation
in firearms competition shall constitute evidence of qualification under this
subsection.
H. The permit to carry a concealed handgun shall
specify only the following information: name, address, date of birth, gender,
height, weight, color of hair, color of eyes, and signature of the permittee;
the signature of the judge issuing the permit, of the clerk of court who has
been authorized to sign such permits by the issuing judge, or of the clerk of
court who has been authorized to issue such permits pursuant to subsection D;
the date of issuance; and the expiration date. The permit to carry a concealed
handgun shall be no larger than two inches wide by three and one-fourth inches
long and shall be of a uniform style prescribed by the Department of State
Police. The person issued the permit shall have such permit on his person at
all times during which he is carrying a concealed handgun and shall display the
permit and a photo-identification issued by a government agency of the
Commonwealth or by the United States Department of Defense or United States
State Department (passport) upon demand by a law-enforcement officer.
H1. If a permit holder is a member of the Virginia
National Guard, Armed Forces of the United States, or the Armed Forces reserves
of the United States, and his five-year permit expires during an active-duty
military deployment outside of the permittee's county or city of residence,
such permit shall remain valid for 90 days after the end date of the
deployment. In order to establish proof of continued validity of the permit,
such a permittee shall carry with him and display, upon request of a
law-enforcement officer, a copy of the permittee's deployment orders or other
documentation from the permittee's commanding officer that order the permittee
to travel outside of his county or city of residence and that indicate the
start and end date of such deployment.
I. Persons who previously have held a concealed
handgun permit shall be issued, upon application as provided in subsection D, and
upon receipt by the circuit court of criminal history record information as
provided in subsection D, a new five-year permit unless it is found that the
applicant is subject to any of the disqualifications set forth in subsection E.
Persons who previously have been issued a concealed handgun permit pursuant to
subsection D shall not be required to appear in person to apply for a new
five-year permit pursuant to this subsection, and the application for the new
permit may be submitted via the United States mail. The circuit court that
receives the application shall promptly notify an applicant if the application
is incomplete or if the fee submitted for the permit pursuant to subsection K
is incorrect. If the new five-year permit is issued while an existing permit
remains valid, the new five-year permit shall become effective upon the
expiration date of the existing permit, provided that the application is
received by the court at least 90 days but no more than 180 days prior to the
expiration of the existing permit. If the circuit court denies the permit, the
specific reasons for the denial shall be stated in the order of the court
denying the permit. Upon denial of the application, the clerk shall provide the
person with notice, in writing, of his right to an ore tenus hearing. Upon
request of the applicant made within 21 days, the court shall place the matter
on the docket for an ore tenus hearing. The applicant may be represented by
counsel, but counsel shall not be appointed, and the rules of evidence shall
apply. The final order of the court shall include the court's findings of fact
and conclusions of law.
J. Any person convicted of an offense that would
disqualify that person from obtaining a permit under subsection E or who
violates subsection F shall forfeit his permit for a concealed handgun and
surrender it to the court. Upon receipt by the Central Criminal Records
Exchange of a record of the arrest, conviction or occurrence of any other event
that would disqualify a person from obtaining a concealed handgun permit under
subsection E, the Central Criminal Records Exchange shall notify the court
having issued the permit of such disqualifying arrest, conviction or other
event. Upon receipt of such notice of a conviction, the court shall revoke the
permit of a person disqualified pursuant to this subsection, and shall promptly
notify the State Police and the person whose permit was revoked of the
revocation.
J1. Any person permitted to carry a concealed
handgun, who is under the influence of alcohol or illegal drugs while carrying
such handgun in a public place, shall be guilty of a Class 1 misdemeanor.
Conviction of any of the following offenses shall be prima facie evidence,
subject to rebuttal, that the person is "under the influence" for
purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in
violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266,
public intoxication in violation of § 18.2-388, or driving while intoxicated in
violation of § 46.2-341.24. Upon such conviction that court shall revoke the
person's permit for a concealed handgun and promptly notify the issuing circuit
court. A person convicted of a violation of this subsection shall be ineligible
to apply for a concealed handgun permit for a period of five years.
J2. An individual who has a felony charge pending
or a charge pending for an offense listed in subdivision E 14 or E 15, holding
a permit for a concealed handgun, may have the permit suspended by the court
before which such charge is pending or by the court that issued the permit.
J3. No person who carries a concealed handgun onto
the premises of any restaurant or club as defined in § 4.1-100 for which a
license to sell and serve alcoholic beverages for on-premises consumption has
been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1
of the Code of Virginia may consume an alcoholic beverage while on the
premises.
A person who carries a concealed handgun onto the
premises of such a restaurant or club and consumes alcoholic beverages is
guilty of a Class 2 misdemeanor. However, nothing in this subsection shall
apply to a federal, state, or local law-enforcement officer.
J4. The court shall revoke the permit of any
individual for whom it would be unlawful to purchase, possess or transport a
firearm under § 18.2-308.1:2 or 18.2-308.1:3, and shall promptly notify the
State Police and the person whose permit was revoked of the revocation.
K. No fee shall be charged for the issuance of such
permit to a person who has retired from service (i) as a magistrate in the
Commonwealth; (ii) as a special agent with the Alcoholic Beverage Control Board
or as a law-enforcement officer with the Department of State Police, the
Department of Game and Inland Fisheries, or a sheriff or police department,
bureau or force of any political subdivision of the Commonwealth, after
completing 15 years of service or after reaching age 55; (iii) as a
law-enforcement officer with the United States Federal Bureau of Investigation,
Bureau of Alcohol, Tobacco and Firearms, Secret Service Agency, Drug
Enforcement Administration, United States Citizenship and Immigration Services,
Customs Service, Department of State Diplomatic Security Service, U.S. Marshals
Service or Naval Criminal Investigative Service, after completing 15 years of
service or after reaching age 55; (iv) as a law-enforcement officer with any
police or sheriff's department within the United States, the District of
Columbia or any of the territories of the United States, after completing 15
years of service; (v) as a law-enforcement officer with any combination of the
agencies listed in clauses (ii) through (iv), after completing 15 years of
service; or (vi) as a designated boarding team member or boarding officer of
the United States Coast Guard, after completing 15 years of service or after
reaching age 55. The clerk shall charge a fee of $10 for the processing of an
application or issuing of a permit, including his costs associated with the
consultation with law-enforcement agencies. The local law-enforcement agency
conducting the background investigation may charge a fee not to exceed $35 to
cover the cost of conducting an investigation pursuant to this section. The $35
fee shall include any amount assessed by the Federal Bureau of Investigation
for providing criminal history record information, and the local
law-enforcement agency shall forward the amount assessed by the Federal Bureau
of Investigation to the State Police with the fingerprints taken from the
applicant. The State Police may charge a fee not to exceed $5 to cover their
costs associated with processing the application. The total amount assessed for
processing an application for a permit shall not exceed $50, with such fees to
be paid in one sum to the person who accepts the application. Payment may be
made by any method accepted by that court for payment of other fees or
penalties. No payment shall be required until the application is accepted by
the court as a complete application. The order issuing such permit, or the copy
of the permit application certified by the clerk as a de facto permit pursuant
to subsection D, shall be provided to the State Police and the law-enforcement
agencies of the county or city. The State Police shall enter the permittee's
name and description in the Virginia Criminal Information Network so that the
permit's existence and current status will be made known to law-enforcement
personnel accessing the Network for investigative purposes. The State Police
shall withhold from public disclosure permittee information submitted to the
State Police for purposes of entry into the Virginia Criminal Information
Network, except that such information shall not be withheld from any
law-enforcement agency, officer, or authorized agent thereof acting in the performance
of official law-enforcement duties, nor shall such information be withheld from
an entity that has a valid contract with any local, state, or federal
law-enforcement agency for the purpose of performing official duties of the
law-enforcement agency. However, nothing in this subsection shall be construed
to prohibit the release of (a) records by the State Police concerning permits
issued to nonresidents of the Commonwealth pursuant to subsection P1, or (b)
statistical summaries, abstracts, or other records containing information in an
aggregate form that does not identify any individual permittees.
K1. The clerk of a circuit court that issued a
valid concealed handgun permit shall, upon presentation of the valid permit and
proof of a new address of residence by the permit holder, issue a replacement
permit specifying the permit holder's new address. The clerk of court shall
forward the permit holder's new address of residence to the State Police. The
State Police may charge a fee not to exceed $5, and the clerk of court issuing
the replacement permit may charge a fee not to exceed $5. The total amount
assessed for processing a replacement permit pursuant to this subsection shall
not exceed $10, with such fees to be paid in one sum to the person who accepts
the information for the replacement permit.
L. Any person denied a permit to carry a concealed
handgun under the provisions of this section may present a petition for review
to the Court of Appeals. The petition for review shall be filed within 60 days
of the expiration of the time for requesting an ore tenus hearing pursuant to
subsection I, or if an ore tenus hearing is requested, within 60 days of the
entry of the final order of the circuit court following the hearing. The
petition shall be accompanied by a copy of the original papers filed in the
circuit court, including a copy of the order of the circuit court denying the
permit. Subject to the provisions of subsection B of § 17.1-410, the decision
of the Court of Appeals or judge shall be final. Notwithstanding any other
provision of law, if the decision to deny the permit is reversed upon appeal,
taxable costs incurred by the person shall be paid by the Commonwealth.
M. For purposes of this section:
"Handgun" means any pistol or revolver or
other firearm, except a machine gun, originally designed, made and intended to
fire a projectile by means of an explosion of a combustible material from one
or more barrels when held in one hand.
"Law-enforcement officer" means those
individuals defined as a law-enforcement officer in § 9.1-101, campus police
officers appointed pursuant to Chapter 17 (§ 23-232 et seq.) of Title 23,
law-enforcement agents of the Armed Forces of the United States, the Naval
Criminal Investigative Service, and federal agents who are otherwise authorized
to carry weapons by federal law. "Law-enforcement officer" shall also
mean any sworn full-time law-enforcement officer employed by a law-enforcement
agency of the United States or any state or political subdivision thereof,
whose duties are substantially similar to those set forth in § 9.1-101.
"Lawfully admitted for permanent
residence" means the status of having been lawfully accorded the privilege
of residing permanently in the United States as an immigrant in accordance with
the immigration laws, such status not having changed.
"Personal knowledge" means 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.
N. As used in this article:
"Ballistic knife" means any knife with a
detachable blade that is propelled by a spring-operated mechanism.
"Spring stick" means a spring-loaded
metal stick activated by pushing a button which rapidly and forcefully
telescopes the weapon to several times its original length.
O. The granting of a concealed handgun permit shall
not thereby authorize the possession of any handgun or other weapon on property
or in places where such possession is otherwise prohibited by law or is
prohibited by the owner of private property.
P. A valid concealed handgun or concealed weapon
permit or license issued by another state shall authorize the holder of such
permit or license who is at least 21 years of age to carry a concealed handgun
in the Commonwealth, provided (i) the issuing authority provides the means for
instantaneous verification of the validity of all such permits or licenses
issued within that state, accessible 24 hours a day, and (ii) except for the
age of the permit or license holder and the type of weapon authorized to be
carried, the requirements and qualifications of that state's law are adequate
to prevent possession of a permit or license by persons who would be denied a
permit in the Commonwealth under this section. The Superintendent of State
Police shall (a) in consultation with the Office of the Attorney General
determine whether states meet the requirements and qualifications of this
section, (b) maintain a registry of such states on the Virginia Criminal
Information Network (VCIN), and (c) make the registry available to
law-enforcement officers for investigative purposes. The Superintendent of the
State Police, in consultation with the Attorney General, may also enter into
agreements for reciprocal recognition with any state qualifying for recognition
under this subsection.
P1. Nonresidents of the Commonwealth 21 years of
age or older may apply in writing to the Virginia Department of State Police
for a five-year permit to carry a concealed handgun. Every applicant for a
nonresident concealed handgun permit shall submit two photographs of a type and
kind specified by the Department of State Police for inclusion on the permit
and shall submit fingerprints on a card provided by the Department of State
Police for the purpose of obtaining the applicant's state or national criminal
history record. As a condition for issuance of a concealed handgun permit, the
applicant shall submit to fingerprinting by his local or state law-enforcement
agency and provide personal descriptive information to be forwarded with the
fingerprints through the Central Criminal Records Exchange to the Federal
Bureau of Investigation for the purpose of obtaining criminal history record
information regarding the applicant and obtaining fingerprint identification
information from federal records pursuant to criminal investigations by state
and local law-enforcement agencies. The application shall be made under oath
before a notary or other person qualified to take oaths on a form provided by
the Department of State Police, requiring only that information necessary to
determine eligibility for the permit. If the permittee is later found by the
Department of State Police to be disqualified, the permit shall be revoked and
the person shall return the permit after being so notified by the Department of
State Police. The permit requirement and restriction provisions of subsections
E and F shall apply, mutatis mutandis, to the provisions of this subsection.
The applicant shall demonstrate competence with a
handgun by one of the following:
1. Completing a hunter education or hunter safety
course approved by the Virginia Department of Game and Inland Fisheries or a
similar agency of another state;
2. Completing any National Rifle Association firearms
safety or training course;
3. Completing any firearms safety or training
course or class available to the general public offered by a law-enforcement
agency, junior college, college, or private or public institution or
organization or firearms training school utilizing instructors certified by the
National Rifle Association or the Department of Criminal Justice Services or a
similar agency of another state;
4. Completing any law-enforcement firearms safety
or training course or class offered for security guards, investigators, special
deputies, or any division or subdivision of law enforcement or security
enforcement;
5. Presenting evidence of equivalent experience
with a firearm through participation in organized shooting competition approved
by the Department of State Police or current military service or proof of an
honorable discharge from any branch of the armed services;
6. Obtaining or previously having held a license to
carry a firearm in the Commonwealth or a locality thereof, unless such license
has been revoked for cause;
7. Completing any firearms training or safety
course or class, including an electronic, video, or on-line course, conducted
by a state-certified or National Rifle Association-certified firearms
instructor;
8. Completing any governmental police agency
firearms training course and qualifying to carry a firearm in the course of
normal police duties; or
9. Completing any other firearms training that the
Virginia Department of State Police deems adequate.
A photocopy of a certificate of completion of any
such course or class, an affidavit from the instructor, school, club,
organization, or group that conducted or taught such course or class attesting
to the completion of the course or class by the applicant, or a copy of any
document which shows completion of the course or class or evidences
participation in firearms competition shall satisfy the requirement for
demonstration of competence with a handgun.
The Department of State Police may charge a fee not
to exceed $100 to cover the cost of the background check and issuance of the
permit. Any fees collected shall be deposited in a special account to be used
to offset the costs of administering the nonresident concealed handgun permit
program. The Department of State Police shall enter the permittee's name and
description in the Virginia Criminal Information Network so that the permit's
existence and current status are known to law-enforcement personnel accessing
the Network for investigative purposes.
The permit to carry a concealed handgun shall
contain only the following information: name, address, date of birth, gender,
height, weight, color of hair, color of eyes, and photograph of the permittee;
the signature of the Superintendent of the Virginia Department of State Police
or his designee; the date of issuance; and the expiration date. The person to
whom the permit is issued shall have such permit on his person at all times
when he is carrying a concealed handgun in the Commonwealth and shall display
the permit on demand by a law-enforcement officer.
The Superintendent of the State Police shall
promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000
et seq.), for the implementation of an application process for obtaining a
nonresident concealed handgun permit.
Q. A valid concealed handgun permit issued by the
State of Maryland shall be valid in the Commonwealth provided, (i) the holder
of the permit is licensed in the State of Maryland to perform duties
substantially similar to those performed by Virginia branch pilots licensed
pursuant to Chapter 9 (§ 54.1-900 et seq.) of Title 54.1 and is performing such
duties while in the Commonwealth, and (ii) the holder of the permit is 21 years
of age or older.
R. For the purposes of participation in concealed
handgun reciprocity agreements with other jurisdictions, the official
government-issued law-enforcement identification card issued to an active-duty
law-enforcement officer in the Commonwealth who is exempt from obtaining a
concealed handgun permit under this section shall be deemed a concealed handgun
permit.
S. For the purposes of understanding the law
relating to the use of deadly and lethal force, the Department of State Police,
in consultation with the Supreme Court on the development of the application
for a concealed handgun permit under this section, shall include a reference to
the Virginia Supreme Court website address or the Virginia Reports on the
application. ]