HB489: Concealed weapon and concealed handgun permits; reorganizes existing law.
Be it enacted by the General Assembly of Virginia:
1. That §§ 15.2-915.3, 16.1-260, 17.1-406, 18.2-57.3, 18.2-287.01, 18.2-287.4, 18.2-308, 18.2-308.1, 18.2-311, 19.2-83.1, 19.2-120.1, 19.2-386.27, 19.2-386.28, and 22.1-277.07 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 7 of Title 18.2 an article numbered 6.1, consisting of existing § 18.2-308 of the Code of Virginia and sections numbered 18.2-308.01 through 18.2-308.014, as follows:
§ 15.2-915.3. Requiring fingerprinting for concealed handgun permit.
Notwithstanding § 15.2-915, a county or city may by ordinance
require any applicant for a concealed handgun permit to submit to
fingerprinting for the purpose of obtaining the applicant's state or national
criminal history record; however, such ordinance shall not require
fingerprinting for the renewal of an existing permit pursuant to subsection I of § 18.2-308 § 18.2-308.07.
§ 16.1-260. Intake; petition; investigation.
A. All matters alleged to be within the jurisdiction of the
court shall be commenced by the filing of a petition, except as provided in
subsection H of this section and
in § 16.1-259. The form and content of the petition shall be as provided in §
16.1-262. No individual shall be required to obtain support services from the
Department of Social Services prior to filing a petition seeking support for a
child. Complaints, requests and the processing of petitions to initiate a case
shall be the responsibility of the intake officer. However, (i) the attorney
for the Commonwealth of the city or county may file a petition on his own
motion with the clerk, (ii) designated nonattorney employees of the Department
of Social Services may complete, sign and file petitions and motions relating
to the establishment, modification, or enforcement of support on forms approved
by the Supreme Court of Virginia with the clerk, and (iii) any attorney may
file petitions on behalf of his client with the clerk except petitions alleging
that the subject of the petition is a child alleged to be in need of services,
in need of supervision or delinquent. Complaints alleging abuse or neglect of a
child shall be referred initially to the local department of social services in
accordance with the provisions of Chapter 15 (§ 63.2-1500 et seq.) of Title
63.2. Motions and other subsequent pleadings in a case shall be filed directly
with the clerk. The intake officer or clerk with whom the petition or motion is
filed shall inquire whether the petitioner is receiving child support services
or public assistance. No individual who is receiving support services or public
assistance shall be denied the right to file a petition or motion to establish,
modify or enforce an order for support of a child. If the petitioner is seeking
or receiving child support services or public assistance, the clerk, upon
issuance of process, shall forward a copy of the petition or motion, together
with notice of the court date, to the Division of Child Support Enforcement.
B. The appearance of a child before an intake officer may be by (i) personal appearance before the intake officer or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, an intake officer may exercise all powers conferred by law. All communications and proceedings shall be conducted in the same manner as if the appearance were in person, and any documents filed may be transmitted by facsimile process. The facsimile may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures. Any two-way electronic video and audio communication system used for an appearance shall meet the standards as set forth in subsection B of § 19.2-3.1.
When the court service unit of any court receives a complaint alleging facts which may be sufficient to invoke the jurisdiction of the court pursuant to § 16.1-241, the unit, through an intake officer, may proceed informally to make such adjustment as is practicable without the filing of a petition or may authorize a petition to be filed by any complainant having sufficient knowledge of the matter to establish probable cause for the issuance of the petition.
An intake officer may proceed informally on a complaint alleging a child is in need of services, in need of supervision or delinquent only if the juvenile (i) is not alleged to have committed a violent juvenile felony or (ii) has not previously been proceeded against informally or adjudicated delinquent for an offense that would be a felony if committed by an adult. A petition alleging that a juvenile committed a violent juvenile felony shall be filed with the court. A petition alleging that a juvenile is delinquent for an offense that would be a felony if committed by an adult shall be filed with the court if the juvenile had previously been proceeded against informally by intake or had been adjudicated delinquent for an offense that would be a felony if committed by an adult.
If a juvenile is alleged to be a truant pursuant to a complaint filed in accordance with § 22.1-258 and the attendance officer has provided documentation to the intake officer that the relevant school division has complied with the provisions of § 22.1-258, then the intake officer shall file a petition with the court. The intake officer may defer filing the complaint for 90 days and proceed informally by developing a truancy plan. The intake officer may proceed informally only if the juvenile has not previously been proceeded against informally or adjudicated in need of supervision for failure to comply with compulsory school attendance as provided in § 22.1-254. The juvenile and his parent or parents, guardian or other person standing in loco parentis must agree, in writing, for the development of a truancy plan. The truancy plan may include requirements that the juvenile and his parent or parents, guardian or other person standing in loco parentis participate in such programs, cooperate in such treatment or be subject to such conditions and limitations as necessary to ensure the juvenile's compliance with compulsory school attendance as provided in § 22.1-254. The intake officer may refer the juvenile to the appropriate public agency for the purpose of developing a truancy plan using an interagency interdisciplinary team approach. The team may include qualified personnel who are reasonably available from the appropriate department of social services, community services board, local school division, court service unit and other appropriate and available public and private agencies and may be the family assessment and planning team established pursuant to § 2.2-5207. If at the end of the 90-day period the juvenile has not successfully completed the truancy plan or the truancy program, then the intake officer shall file the petition.
Whenever informal action is taken as provided in this subsection on a complaint alleging that a child is in need of services, in need of supervision or delinquent, the intake officer shall (i) develop a plan for the juvenile, which may include restitution and the performance of community service, based upon community resources and the circumstances which resulted in the complaint, (ii) create an official record of the action taken by the intake officer and file such record in the juvenile's case file, and (iii) advise the juvenile and the juvenile's parent, guardian or other person standing in loco parentis and the complainant that any subsequent complaint alleging that the child is in need of supervision or delinquent based upon facts which may be sufficient to invoke the jurisdiction of the court pursuant to § 16.1-241 will result in the filing of a petition with the court.
C. The intake officer shall accept and file a petition in which it is alleged that (i) the custody, visitation or support of a child is the subject of controversy or requires determination, (ii) a person has deserted, abandoned or failed to provide support for any person in violation of law, (iii) a child or such child's parent, guardian, legal custodian or other person standing in loco parentis is entitled to treatment, rehabilitation or other services which are required by law, or (iv) family abuse has occurred and a protective order is being sought pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1. If any such complainant does not file a petition, the intake officer may file it. In cases in which a child is alleged to be abused, neglected, in need of services, in need of supervision or delinquent, if the intake officer believes that probable cause does not exist, or that the authorization of a petition will not be in the best interest of the family or juvenile or that the matter may be effectively dealt with by some agency other than the court, he may refuse to authorize the filing of a petition. The intake officer shall provide to a person seeking a protective order pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1 a written explanation of the conditions, procedures and time limits applicable to the issuance of protective orders pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1.
D. Prior to the filing of any petition alleging that a child is in need of supervision, the matter shall be reviewed by an intake officer who shall determine whether the petitioner and the child alleged to be in need of supervision have utilized or attempted to utilize treatment and services available in the community and have exhausted all appropriate nonjudicial remedies which are available to them. When the intake officer determines that the parties have not attempted to utilize available treatment or services or have not exhausted all appropriate nonjudicial remedies which are available, he shall refer the petitioner and the child alleged to be in need of supervision to the appropriate agency, treatment facility or individual to receive treatment or services, and a petition shall not be filed. Only after the intake officer determines that the parties have made a reasonable effort to utilize available community treatment or services may he permit the petition to be filed.
E. If the intake officer refuses to authorize a petition relating to an offense that if committed by an adult would be punishable as a Class 1 misdemeanor or as a felony, the complainant shall be notified in writing at that time of the complainant's right to apply to a magistrate for a warrant. If a magistrate determines that probable cause exists, he shall issue a warrant returnable to the juvenile and domestic relations district court. The warrant shall be delivered forthwith to the juvenile court, and the intake officer shall accept and file a petition founded upon the warrant. If the court is closed and the magistrate finds that the criteria for detention or shelter care set forth in § 16.1-248.1 have been satisfied, the juvenile may be detained pursuant to the warrant issued in accordance with this subsection. If the intake officer refuses to authorize a petition relating to a child in need of services or in need of supervision, a status offense, or a misdemeanor other than Class 1, his decision is final.
Upon delivery to the juvenile court of a warrant issued pursuant to subdivision 2 of § 16.1-256, the intake officer shall accept and file a petition founded upon the warrant.
F. The intake officer shall notify the attorney for the Commonwealth of the filing of any petition which alleges facts of an offense which would be a felony if committed by an adult.
G. Notwithstanding the provisions of Article 12 (§ 16.1-299 et seq.) of this chapter, the intake officer shall file a report with the division superintendent of the school division in which any student who is the subject of a petition alleging that such student who is a juvenile has committed an act, wherever committed, which would be a crime if committed by an adult. The report shall notify the division superintendent of the filing of the petition and the nature of the offense, if the violation involves:
1. A firearm offense pursuant to Article 4 (§ 18.2-279 et
seq.), 5 (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), 6.1
(§ 18.2-308 et seq.) or 7 (§ 18.2-308 18.2-308.1 et seq.) of Chapter 7 of Title 18.2;
2. Homicide, pursuant to Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2;
3. Felonious assault and bodily wounding, pursuant to Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2;
4. Criminal sexual assault, pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;
5. Manufacture, sale, gift, distribution or possession of Schedule I or II controlled substances, pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;
6. Manufacture, sale or distribution of marijuana pursuant to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2;
7. Arson and related crimes, pursuant to Article 1 (§ 18.2-77 et seq.) of Chapter 5 of Title 18.2;
8. Burglary and related offenses, pursuant to §§ 18.2-89 through 18.2-93;
9. Robbery pursuant to § 18.2-58;
10. Prohibited criminal street gang activity pursuant to § 18.2-46.2;
11. Recruitment of other juveniles for a criminal street gang activity pursuant to § 18.2-46.3; or
12. An act of violence by a mob pursuant to § 18.2-42.1.
The failure to provide information regarding the school in which the juvenile who is the subject of the petition may be enrolled shall not be grounds for refusing to file a petition.
The information provided to a division superintendent pursuant to this section may be disclosed only as provided in § 16.1-305.2.
H. The filing of a petition shall not be necessary:
1. In the case of violations of the traffic laws, including offenses involving bicycles, hitchhiking and other pedestrian offenses, game and fish laws or a violation of the ordinance of any city regulating surfing or any ordinance establishing curfew violations, animal control violations or littering violations. In such cases the court may proceed on a summons issued by the officer investigating the violation in the same manner as provided by law for adults. Additionally, an officer investigating a motor vehicle accident may, at the scene of the accident or at any other location where a juvenile who is involved in such an accident may be located, proceed on a summons in lieu of filing a petition.
2. In the case of seeking consent to apply for the issuance of a work permit pursuant to subsection H of § 16.1-241.
3. In the case of a violation of § 18.2-266 or 29.1-738, or the commission of any other alcohol-related offense, provided the juvenile is released to the custody of a parent or legal guardian pending the initial court date. The officer releasing a juvenile to the custody of a parent or legal guardian shall issue a summons to the juvenile and shall also issue a summons requiring the parent or legal guardian to appear before the court with the juvenile. Disposition of the charge shall be in the manner provided in § 16.1-278.8 or 16.1-278.9. If the juvenile so charged with a violation of § 18.2-51.4, 18.2-266, 18.2-266.1, 18.2-272, or 29.1-738 refuses to provide a sample of blood or breath or samples of both blood and breath for chemical analysis pursuant to §§ 18.2-268.1 through 18.2-268.12 or 29.1-738.2, the provisions of these sections shall be followed except that the magistrate shall authorize execution of the warrant as a summons. The summons shall be served on a parent or legal guardian and the juvenile, and a copy of the summons shall be forwarded to the court in which the violation is to be tried.
4. In the case of offenses which, if committed by an adult, would be punishable as a Class 3 or Class 4 misdemeanor. In such cases the court may direct that an intake officer proceed as provided in § 16.1-237 on a summons issued by the officer investigating the violation in the same manner as provided by law for adults provided that notice of the summons to appear is mailed by the investigating officer within five days of the issuance of the summons to a parent or legal guardian of the juvenile.
I. Failure to comply with the procedures set forth in this section shall not divest the juvenile court of the jurisdiction granted it in § 16.1-241.
§ 17.1-406. Petitions for appeal; cases over which Court of Appeals does not have jurisdiction.
A. Any aggrieved party may present a petition for appeal to
the Court of Appeals from (i) any final conviction in a circuit court of a
traffic infraction or a crime, except where a sentence of death has been
imposed, (ii) any final decision of a circuit court on an application for a
concealed weapons permit pursuant to subsection
D of § 18.2-308 Article 6.1 (§
18.2-308 et seq.) of Chapter 7 of Title 18.2, (iii) any final
order of a circuit court involving involuntary treatment of prisoners pursuant
to § 53.1-40.1, or (iv) any final order for declaratory or injunctive relief
under § 57-2.02. The Commonwealth or any county, city or town may petition the
Court of Appeals for an appeal pursuant to this subsection in any case in which
such party previously could have petitioned the Supreme Court for a writ of
error under § 19.2-317. The Commonwealth may also petition the Court of Appeals
for an appeal in a criminal case pursuant to § 19.2-398.
B. In accordance with other applicable provisions of law, appeals lie directly to the Supreme Court from a conviction in which a sentence of death is imposed, from a final decision, judgment or order of a circuit court involving a petition for a writ of habeas corpus, from any final finding, decision, order, or judgment of the State Corporation Commission, and from proceedings under §§ 54.1-3935 and 54.1-3937. Complaints of the Judicial Inquiry and Review Commission shall be filed with the Supreme Court of Virginia. The Court of Appeals shall not have jurisdiction over any cases or proceedings described in this subsection.
§ 18.2-57.3. Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge.
A. When a person is charged with a violation of § 18.2-57.2, the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section.
B. For a person to be eligible for such deferral, the court shall find that (i) the person was an adult at the time of the commission of the offense, (ii) the person has not previously been convicted of any offense under this article or under any statute of the United States or of any state or any ordinance of any local government relating to assault and battery against a family or household member, (iii) the person has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, (iv) the person pleads guilty to, or enters a plea of not guilty or nolo contendere and the court finds the evidence is sufficient to find the person guilty of, a violation of § 18.2-57.2, and (v) the person consents to such deferral.
C. The court may (i) where a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1 is available, order that the eligible person be placed with such agency and require, as a condition of local community-based probation, the person to successfully complete all treatment, education programs or services, or any combination thereof indicated by an assessment or evaluation obtained by the local community-based probation services agency if such assessment, treatment or education services are available; or (ii) require successful completion of treatment, education programs or services, or any combination thereof, such as, in the opinion of the court, may be best suited to the needs of the person.
D. The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the program or services, including the costs of any assessment, evaluation, testing, education and treatment, based upon the person's ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.
The court shall order the person to be of good behavior for a total period of not less than two years following the deferral of proceedings, including the period of supervised probation, if available.
The court shall, unless done at arrest, order the person to report to the original arresting law-enforcement agency to submit to fingerprinting.
E. Upon fulfillment of the terms and conditions specified in the court order, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings. No charges dismissed pursuant to this section shall be eligible for expungement under § 19.2-392.2.
F. Upon violation of a term or condition of supervised probation or of the period of good behavior, the court may enter an adjudication of guilt and proceed as otherwise provided by law.
G. Notwithstanding any other provision of this section,
whenever a court places a person on probation upon terms and conditions
pursuant to this section, such action shall be treated as a conviction for
purposes of § 18.2-308 Article 6.1 (§ 18.2-308 et seq.) of
Chapter 7.
§ 18.2-287.01. Carrying weapon in air carrier airport terminal.
It shall be unlawful for any person to possess or transport
into any air carrier airport terminal in the Commonwealth any (i) gun or other
weapon designed or intended to propel a missile or projectile of any kind, (ii)
frame, receiver, muffler, silencer, missile, projectile or ammunition designed
for use with a dangerous weapon, and (iii) any other dangerous weapon,
including explosives, stun weapons as defined in § 18.2-308.1, and those
weapons specified in subsection A of § 18.2-308. Any such weapon shall be
subject to seizure by a law-enforcement officer. A violation of this section is
punishable as a Class 1 misdemeanor. Any weapon possessed or transported in
violation of this section shall be forfeited to the Commonwealth and disposed
of as provided in subsection
A of § 18.2-308 § 19.2-386.28.
The provisions of this section shall not apply to any police officer, sheriff, law-enforcement agent or official, or conservation police officer, or conservator of the peace employed by the air carrier airport, nor shall the provisions of this section apply to any passenger of an airline who, to the extent otherwise permitted by law, transports a lawful firearm, weapon, or ammunition into or out of an air carrier airport terminal for the sole purposes, respectively, of (i) presenting such firearm, weapon, or ammunition to U.S. Customs agents in advance of an international flight, in order to comply with federal law, (ii) checking such firearm, weapon, or ammunition with his luggage, or (iii) retrieving such firearm, weapon, or ammunition from the baggage claim area.
Any other statute, rule, regulation, or ordinance specifically addressing the possession or transportation of weapons in any airport in the Commonwealth shall be invalid, and this section shall control.
§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
It shall be unlawful for any person to carry a loaded (a) (i) semi-automatic center-fire rifle or pistol that expels
single or multiple projectiles by action of an explosion of a combustible
material and is equipped at the time of the offense with a magazine that will
hold more than 20 rounds of ammunition or designed by the manufacturer to
accommodate a silencer or equipped with a folding stock or (b) (ii)
shotgun with a magazine that will hold more than seven rounds of the longest
ammunition for which it is chambered on or about his person on any public
street, road, alley, sidewalk, public right-of-way, or in any public park or
any other place of whatever nature that is open to the public in the Cities of
Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond,
or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun,
or Prince William.
The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
The exemptions set forth in §
18.2-308 Article 6.1 (§
18.2-308 et seq.) shall apply,
mutatis mutandis, to the provisions of this section.
§ 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. The prohibition against carrying a concealed handgun in clause (i) of subsection A shall not apply to a person who has a valid concealed handgun permit issued pursuant to this article. 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 Department of State (passport) upon demand by a law-enforcement officer. A person to whom a nonresident 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. A person whose permit is extended due to deployment shall carry with him and display, upon request of a law-enforcement officer, a copy of the documents required by subsection B of § 18.2-308.07.
The granting of a concealed handgun permit pursuant to this article 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.
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 business;
2. Any
law-enforcement officer, wherever such law-enforcement officer may travel in
the Commonwealth;
3. 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;
4. 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;
5. 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;
6. 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;
7. 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.
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.
For purposes of
complying with the federal Law Enforcement Officers Safety Act of 2004, a
retired law-enforcement officer who receives proof of consultation and review
pursuant to this subdivision shall have the opportunity to annually
participate, at the retired 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 law-enforcement officer meets the
training and qualification standards, the chief law-enforcement officer shall
issue the retired officer certification, valid one year from the date of
issuance, indicating that the retired officer has met the standards of the
agency to carry a firearm;
8. 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; and
9. Any attorney for
the Commonwealth or assistant attorney for the Commonwealth, wherever such
attorney may travel in the Commonwealth.
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.
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. 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. 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 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.
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,
or of the clerk of court who has been authorized to sign such permits by the
issuing judge; 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, a new five-year permit unless there is good cause
shown for refusing to reissue a permit. 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
