HB1257: Service handguns; certain law-enforcement officers eligible for retirement may purchase.


HOUSE BILL NO. 1257
House Amendments in [ ] ? February 15, 2010
A BILL to amend and reenact ? 59.1-148.3 of the Code of Virginia, relating to purchase of service handguns; resignation in good standing.
Patron Prior to Engrossment--Delegate Miller, P.J.

Referred to Committee on Militia, Police and Public Safety

Be 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 of certain officers.

A. The Department of State Police, the Department of Game and Inland Fisheries, the Department of Alcoholic Beverage Control, the State Lottery Department, 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, and any institution of higher learning named in ? 23-14 may allow any campus police officer appointed pursuant to Chapter 17 (? 23-232 et seq.) of Title 23, retiring on or after July 1, 1991, (i) who retires after at least 20 years of service or as a result of a service-incurred disability or, (ii) 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, or (iii) [ who is eligible for retirement with at least 20 years of service and ] who resigns in good standing to accept a position covered by the Virginia Retirement System to purchase the service handgun issued to him by the agency or institution at a price of $1. This privilege shall also extend to any former Superintendent of the Department of State Police who leaves service after a minimum of five years. Other weapons issued by the Department of State Police for personal duty use of an officer, may, with approval of the Superintendent, 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 above may allow any full-time sworn law-enforcement officer who retires with 10 or more years of service, but less than 20, 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 above 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 above 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 20 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 ? 23-14 may allow any campus police officer appointed pursuant to Chapter 17 (? 23-232 et seq.) of Title 23 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. The Department of State Police may allow any full-time sworn state police law-enforcement officer who retires as a result of a service-incurred disability and who was on disability leave at the time the Department issued 10-mm semiautomatic handguns to its officers to purchase one of the 10-mm semiautomatic handguns used by the Department of State Police at a price of $1.

F. 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 and who retires after 20 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.

G. The sheriff of Hanover County may allow any auxiliary or volunteer deputy sheriff with a minimum of 15 years of service, upon leaving office, to purchase for $1 the service handgun issued to him.

H. Any sheriff or local police department, in accordance with written authorization or approval from the local governing body, may allow any auxiliary law-enforcement officer with more than 20 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.

I. 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.

HOUSE BILL NO. 1257
Offered January 19, 2010
A BILL to amend and reenact ? 59.1-148.3 of the Code of Virginia, relating to purchase of service handguns; resignation in good standing.
Patron-- Miller, P.J.

Committee Referral Pending

Be 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 of certain officers.

A. The Department of State Police, the Department of Game and Inland Fisheries, the Department of Alcoholic Beverage Control, the State Lottery Department, 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, and any institution of higher learning named in ? 23-14 may allow any campus police officer appointed pursuant to Chapter 17 (? 23-232 et seq.) of Title 23, retiring on or after July 1, 1991, (i) who retires after at least 20 years of service or as a result of a service-incurred disability or, (ii) 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, or (iii) who resigns in good standing to accept a position covered by the Virginia Retirement System to purchase the service handgun issued to him by the agency or institution at a price of $1. This privilege shall also extend to any former Superintendent of the Department of State Police who leaves service after a minimum of five years. Other weapons issued by the Department of State Police for personal duty use of an officer, may, with approval of the Superintendent, 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 above may allow any full-time sworn law-enforcement officer who retires with 10 or more years of service, but less than 20, 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 above 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 above 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 20 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 ? 23-14 may allow any campus police officer appointed pursuant to Chapter 17 (? 23-232 et seq.) of Title 23 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. The Department of State Police may allow any full-time sworn state police law-enforcement officer who retires as a result of a service-incurred disability and who was on disability leave at the time the Department issued 10-mm semiautomatic handguns to its officers to purchase one of the 10-mm semiautomatic handguns used by the Department of State Police at a price of $1.

F. 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 and who retires after 20 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.

G. The sheriff of Hanover County may allow any auxiliary or volunteer deputy sheriff with a minimum of 15 years of service, upon leaving office, to purchase for $1 the service handgun issued to him.

H. Any sheriff or local police department, in accordance with written authorization or approval from the local governing body, may allow any auxiliary law-enforcement officer with more than 20 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.

I. 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.