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2020 SESSION
20101711DBe it enacted by the General Assembly of Virginia:
1. That § 59.1-148.3 of the Code of Virginia is amended and reenacted as follows:
§ 59.1-148.3. Purchase of handguns or other weapons of certain officers.
A. The Department of State Police, the Department of Game and
Inland Fisheries, the Virginia Alcoholic Beverage Control Authority, the
Virginia Lottery, the Marine Resources Commission, the Capitol Police, the
Department of Conservation and Recreation, the Department of Forestry, any
sheriff, any regional jail board or authority, and any local police department
may allow any full-time
sworn law-enforcement officer, deputy, or regional jail officer, a local fire department may allow any full-time sworn
fire marshal, the Department of Motor Vehicles may
allow any law-enforcement officer, any institution
of higher learning named in § 23.1-1100 may allow any campus police officer
appointed pursuant to Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title
23.1, retiring on or after July 1, 1991, and the
Department of Corrections may allow any employee with internal investigations
authority designated by the Department of Corrections pursuant to subdivision
11 of § 53.1-10 who retires (i) after at least 10 years of service, (ii) at 70
years of age or older, or (iii) as a result of a service-incurred disability or
who is receiving long-term disability payments for a service-incurred
disability with no expectation of returning to the employment where he incurred
the disability to purchase the service handgun issued or previously issued to
him by the agency or institution at a price of $1. If the previously issued
weapon is no longer available, a weapon of like kind may be substituted for
that weapon. This privilege shall also extend to any former Superintendent of
the Department of State Police who leaves service after a minimum of five
years. This privilege shall also extend to any person listed in this subsection
who is eligible for retirement with at least 10 years of service who resigns on
or after July 1, 1991, in good standing from one of the agencies listed in this
section to accept a position covered by the Virginia Retirement System. Other
weapons issued by the agencies listed in this subsection for personal duty use
of an officer may, with approval of the agency head, be sold to the officer
subject to the qualifications of this section at a fair market price determined
as in subsection B, so long as the weapon is a type and configuration that can
be purchased at a regular hardware or sporting goods store by a private citizen
without restrictions other than the instant background check.
B. The agencies listed in subsection A may allow any full-time sworn
law-enforcement officer who retires with five or more years of service, but
less than 10, to purchase the service handgun issued to him by the agency at a
price equivalent to the weapon's fair market value on the date of the officer's
retirement. Any full-time
sworn law-enforcement officer employed by any of the agencies listed in
subsection A who is retired for disability as a result of a nonservice-incurred
disability may purchase the service handgun issued to him by the agency at a
price equivalent to the weapon's fair market value on the date of the officer's
retirement. Determinations of fair market value may be made by reference to a
recognized pricing guide.
C. The agencies listed in subsection A may allow the immediate survivor of any full-time sworn law-enforcement officer (i) who is killed in the line of duty or (ii) who dies in service and has at least 10 years of service to purchase the service handgun issued to the officer by the agency at a price of $1.
D. The governing board of any institution of higher learning named in § 23.1-1100 may allow any campus police officer appointed pursuant to Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1 who retires on or after July 1, 1991, to purchase the service handgun issued to him at a price equivalent to the weapon's fair market value on the date of the officer's retirement. Determinations of fair market value may be made by reference to a recognized pricing guide.
E. Any officer who at the time of his retirement is a full-time sworn
law-enforcement officer with a state agency listed in subsection A, when the
agency allows purchases of service handguns, and who retires after 10 years of
state service, even if a portion of his service was with another state agency,
may purchase the service handgun issued to him by the agency from which he
retires at a price of $1.
F. The sheriff of Hanover County may allow any auxiliary or volunteer deputy sheriff with a minimum of 10 years of service, upon leaving office, to purchase for $1 the service handgun issued to him.
G. Any sheriff or local police department may allow any auxiliary law-enforcement officer with more than 10 years of service to purchase the service handgun issued to him by the agency at a price that is equivalent to or less than the weapon's fair market value on the date of purchase by the officer.
H. The agencies listed in subsection A may allow any full-time sworn law-enforcement officer currently employed by the agency to purchase his service handgun, with the approval of the chief law-enforcement officer of the agency, at a fair market price. This subsection shall only apply when the agency has purchased new service handguns for its officers, and the handgun subject to the sale is no longer used by the agency or officer in the course of duty.