SB608: Concealed handgun permits, lifetime; Department of State Police to issue, penalty.
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-308.01 through 18.2-308.04, 18.2-308.06 through 18.2-308.09, 18.2-308.011, 18.2-308.012, and 18.2-308.013 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 6.1 of Chapter 7 of Title 18.2 sections numbered 18.2-308.016, 18.2-308.017, and 18.2-308.018 and by adding a section numbered 52-4.5 as follows:
§ 18.2-308.01. Carrying a concealed handgun with a permit.
A. The prohibition against carrying a concealed handgun in clause (i) of subsection A of § 18.2-308 shall not apply to a person who has a valid concealed handgun permit issued pursuant to this article.
The B. A person who has been issued
the a permit prior to January 1, 2015, 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 U.S. Department of Defense or U.S. State
Department (passport) upon demand by a law-enforcement officer.
C. A person who has been issued a permit on or after January 1, 2015, 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.
D. A person to whom who has been issued 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 § 18.2-308.010. E. A permit
issued prior to January 1, 2015, to a member of the Virginia National Guard,
the armed forces of the United States, or the Armed Forces Reserves of the
United States, and which expires during such member's active-duty military
deployment outside the member's county or city of residence, shall remain valid
for 90 days after the end date of the member's deployment. In order to
establish proof of continued validity of the permit, the 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.
B. F. Failure to display the permit and a photo
identification upon demand by a law-enforcement officer shall be punishable by
a $25 civil penalty, which shall be paid into the state treasury, provided
that, as provided in subsection C, a person who has been issued a permit on or
after January 1, 2015, shall only be required to display the permit upon demand
by a law-enforcement officer. Any attorney for the Commonwealth of the
county or city in which the alleged violation occurred may bring an action to
recover the civil penalty. A court may waive such penalty upon presentation to
the court of a valid permit and, for a person issued a permit before January
1, 2015, a government-issued photo identification. Any law-enforcement
officer may issue a summons for the civil violation of failure to display the
concealed handgun permit and, for a person issued a permit before January 1,
2015, photo identification upon demand.
C. G. 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.
H. The Superintendent of State Police shall promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of a process for the issuance and retention of concealed handgun permits in accordance with the provisions of this article.
§ 18.2-308.02. Application for a concealed handgun permit; Virginia resident or domiciliary.
A. Any person 21 years of age or older who is a resident of
the Commonwealth or who is a member of the United States armed forces domiciled
in the Commonwealth 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,
Department of State Police 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
Commonwealth. 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 applicant shall submit two photographs of a
type and kind specified by the Department of State Police. No information
or documentation other than that which is allowed on the application in
accordance with this section may be requested or required by the clerk or
the court Department of State Police.
B. The court Department of State Police 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 online 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 that
the court Department of State Police 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 that shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this subsection.
C. The making of a materially false statement in an application under this article shall constitute perjury, punishable as provided in § 18.2-434.
D. The clerk of court shall withhold from public disclosure
the applicant's name and any other information contained in a permit
application made before January 1, 2015, or any order issuing a
concealed handgun permit, except that made before January 1, 2015.
The Department of State Police shall withhold from public disclosure the
applicant's name and any other information contained in a permit application
made on or after January 1, 2015. However, such information shall not be
withheld from any law-enforcement officer acting in the performance of his
official duties.
E. An application is deemed complete when all information
required to be furnished by the applicant, including the fee for a concealed
handgun permit as set forth in § 18.2-308.03, is delivered to and received by
the clerk of court Department of State Police before or
concomitant with the conduct of a state or and national criminal
history records check.
§ 18.2-308.03. Fees for concealed handgun permits.
A. The clerk Department of State Police shall
charge a fee of $10 $100 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 article. The $35 fee shall
include any amount assessed by the U.S. Federal Bureau of Investigation for
providing criminal history record information, and the local law-enforcement
agency shall forward the amount assessed by the U.S. Federal Bureau of
Investigation to the State Police with the fingerprints taken from any
nonresident applicant. The State Police may charge a fee not to exceed $5 to
cover its 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 receives the application.
Payment may be made by any method accepted by that court for payment of
other fees or penalties the Department of State Police. No payment
shall be required until the application is received by the court
Department of State Police as a complete application.
B. No The Department of State Police shall charge a
fee shall be charged of $25 for the issuance of such a
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 U.S. Federal Bureau of Investigation, Bureau
of Alcohol, Tobacco and Firearms, Secret Service Agency, Drug Enforcement
Administration, United States Citizenship and Immigration Services, U.S.
Customs and Border Protection, 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) (iii)
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) (iv) as
a law-enforcement officer with any combination of the agencies listed in
clauses clause (ii) through (iv) or (iii), after
completing 15 years of service; (vi) (v) 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; or (vii)
(vi) as a correctional officer as defined in § 53.1-1, after
completing 15 years of service.
C. The Department of State Police shall not charge a fee for reinstatement of a permit under subsection E of § 18.2-308.013.
D. Notwithstanding the provisions of subsection A, any person who applies for a permit who, at the time of the application, possesses an unexpired permit issued prior to January 1, 2015, shall be charged a fee of $50 for the processing of an application or issuing of a permit.
E. The Department of State Police shall charge a fee of $50 for the conversion of a nonresident concealed handgun permit issued in accordance with § 18.2-308.06 into a resident concealed handgun permit issued in accordance with § 18.2-308.02.
§ 18.2-308.04. Processing of the application and issuance of a concealed handgun permit.
A. The clerk of court shall enter on the application the
date on which the application and all other information required to be
submitted by the applicant is received.
B. Upon receipt of the completed an
application completed in accordance with § 18.2-308.02, the court
Department of State Police shall consult with either the sheriff or police
department of the applicant's county or city and receive a report
from the Central Criminal Records Exchange initiate a search of all
available information from the Department of State Police and the Federal
Bureau of Investigation, including the National Instant Criminal Background
Check System, to determine whether or not the applicant is prohibited from
possessing or transporting a firearm under state or federal law.
C. B. The court Department of State
Police shall issue the permit via United States mail and notify the
State Police of the issuance of the permit within 45 business days
of receipt of the completed application unless it is determined that the
applicant is disqualified. Any order letter denying issuance of
the a permit shall be in accordance with § 18.2-308.08. If the
applicant is later found by the court Department of State Police
to be disqualified after a five-year permit has been issued, the permit
shall be revoked.
D. 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 application there are no
outstanding questions or issues. 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 section
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.
E. The C. A permit to carry a concealed handgun issued
prior to January 1, 2015, 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.
D. A permit to carry a concealed handgun issued on or after January 1, 2015, shall specify only the following information: the permittee's name, address, date of birth, gender, height, weight, color of hair, color of eyes, and photograph; the signature of the Superintendent of State Police or his designee; and the date of the permit's issuance. The permit to carry a concealed handgun shall be of a uniform style prescribed by the Department of State Police.
§ 18.2-308.06. Nonresident concealed handgun permits.
A. 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 and
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 U.S. 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 subsection C of § 18.2-308.02 and § 18.2-308.09 shall
apply, mutatis mutandis, to the provisions of this subsection.
B. 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 that shows completion of the course or class or evidences participation in firearms competition shall satisfy the requirement for demonstration of competence with a handgun.
C. The Department of State Police may charge a fee not to
exceed $100 $200 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.
D. 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.
E. 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. Upon establishment of residency in the
Commonwealth, the holder of a valid nonresident concealed handgun permit may
request the conversion of the permit into a resident permit issued in
accordance with the provisions of § 18.2-308.02, subject to the fee set out in
subsection D of § 18.2-308.03.
§ 18.2-308.07. Entry of information into the Virginia Criminal Information Network.
A. An order issuing a concealed handgun permit pursuant to
§ 18.2-308.04, or the copy of the permit application certified by the clerk as
a de facto permit pursuant to § 18.2-308.05, shall be provided to the State
Police and the law-enforcement agencies of the county or city by the clerk of
the court. The Department of State Police shall enter the
permittee's name and description of a person issued a permit pursuant to
§ 18.2-308.02 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.
B. The Department of State Police shall enter the name and description of a person issued a nonresident permit pursuant to § 18.2-308.06 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.
C. The Department of 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 (i) records by the Department of State Police concerning
permits issued to nonresidents of the Commonwealth pursuant to § 18.2-308.06 or
(ii) statistical summaries, abstracts, or other records containing information
in an aggregate form that does not identify any individual permittees.
§ 18.2-308.08. Denial of a concealed handgun permit; appeal.
A. Only a circuit court judge may deny issuance of a
concealed handgun permit to a Virginia resident or domiciliary who has applied
for a permit pursuant to § 18.2-308.04. Any order letter
denying issuance of a concealed handgun permit shall state the basis for the
denial of the permit, including, if applicable, any reason under § 18.2-308.09
that is the basis of the denial, and the clerk Department of State
Police shall provide notice, in writing, upon denial of the application, of
the applicant's right to an ore tenus hearing and the requirements for
perfecting an appeal of such order denial to the Superintendent
of State Police or his designee.
B. 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
Superintendent of State Police or his designee shall review the application,
the letter of denial, and all materials submitted by the applicant for
consideration in the appeal and, within 30 days of the request for appeal,
either grant the permit or issue a letter stating the basis of denial.
C. Any person denied a permit to carry a concealed handgun
by the circuit court 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, 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. The Superintendent of State Police or his designee who
issues a denial letter pursuant to subsection B shall provide notice in writing
of the applicant's right to an ore tenus hearing in circuit court and the
requirements for perfecting an appeal of such denial, including identifying the
circuit that is the proper venue for the appeal. Venue for such hearing shall
be in the circuit court of the county or city nearest to the location of the
applicant's residence where a division or administrative headquarters of the
Department of State Police is located. Upon request of the applicant made
within 21 days of the denial issued under subsection B, the court shall place
the matter on the docket of the appropriate circuit court 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.
§ 18.2-308.09. Disqualifications for a concealed handgun permit.
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 § 64.2-2012 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, synthetic cannabinoids, 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 Department of
State Police determines, 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 Department of State Police
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 that 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
article, 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.) or of a criminal offense of illegal
possession or distribution of marijuana, synthetic cannabinoids, 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 article, 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.) or upon a charge of illegal possession
or distribution of marijuana, synthetic cannabinoids, 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 is otherwise ineligible to possess or receive a firearm pursuant to state or federal law.
§ 18.2-308.011. Replacement permits.
A. The clerk of a circuit court that issued a valid
concealed handgun permit Department of State Police 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 receives the information for the replacement permit.
B. The clerk of a circuit court that issued a valid
concealed handgun permit Department of State Police shall, upon
submission of a notarized statement by the permit holder that the permit was
lost or destroyed, issue a replacement permit. The replacement permit shall
have the same expiration date as the permit that was lost or destroyed. The
clerk Department of State Police shall issue the replacement permit
within 10 30 business days of receiving the notarized statement,
and may charge a fee not to exceed $5 $10.
§ 18.2-308.012. Prohibited conduct.
A. 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 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. Upon such conviction that court the Department of State
Police 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.
B. 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 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.
§ 18.2-308.013. Revocation of permit; reinstatement.
A. Any The Department of State Police shall revoke
the permit of any person convicted of an offense that would disqualify that
person from obtaining a permit under § 18.2-308.09 or who violates subsection C
of § 18.2-308.02. Such person shall forfeit his permit for a concealed
handgun and surrender it to the court Department of State Police.
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 § 18.2-308.09, 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 Department of State Police
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 and the reason for the disqualification.
B. An The Department of State Police shall revoke
the permit of any individual who has a felony charge pending or a charge
pending for an offense listed in subdivision 14 or 15 of § 18.2-308.09,
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.
C. The court Department of State Police 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.
D. The Department of State Police shall revoke the permit
of any individual who carries a resident permit issued in accordance with §
18.2-308.02 and who establishes residency outside the Commonwealth. This
subsection shall not apply to (i) residents of the Commonwealth who serve in
the United States armed forces and who are stationed outside the Commonwealth
but who retain their permanent residency within the Commonwealth for purposes
of military pay or (ii) any nonresident member of the United States armed
forces while he is domiciled in the Commonwealth.
E. Any person whose permit was revoked pursuant to this section may apply with the Department of State Police for reinstatement of the permit. Such person must demonstrate (i) that the condition or preclusion that was the basis of the revocation has lapsed or is no longer in effect and (ii) that any administrative fines have been paid, and the Department of State Police shall reissue the permit upon proof that clauses (i) and (ii) have been satisfied.
F. Any person whose permit issued prior to January 1, 2015, expires during the permit's revocation period shall apply for a new permit in accordance with § 18.2-308.02.
§ 18.2-308.016. Change of address.
A. Any person who has been issued a permit in accordance with this article and whose address changes from the address shown on the permit shall, within 30 business days of the change in the address, notify the Department of State Police of his change of address. The Department of State Police shall issue a new permit in accordance with § 18.2-308.011.
B. The Department of State Police shall suspend the permit issued to any person who fails to comply with the provisions of subsection A. Such suspension shall occur immediately upon notice by the Department of State Police that such person is in violation of subsection A. The Department of State Police shall notify the permittee of such suspension, and any suspended permit shall be surrendered to the Department of State Police upon notice of suspension for 180 days from the date such permit is surrendered. The Department of State Police shall return any suspended permit at the conclusion of such suspension.
§ 18.2-308.017. Periodic background check.
The Department of State Police shall conduct a national criminal history records check on all valid concealed handgun permits issued in accordance with this article on a periodic basis, but no less than annually, throughout the lifetime of the permit. Upon notice of any reason that would be the basis of a revocation under § 18.2-308.013 or subsection A of § 18.2-308.012, the Superintendent of State Police or his designee shall revoke any permit issued to a disqualified person. The Department of State Police shall notify in writing any person whose permit is revoked pursuant to this section of such revocation at his last known address. Such notice shall state any reason under § 18.2-308.09 or subsection A of § 18.2-308.012 that is the basis of the revocation. Any person who receives notice of revocation pursuant to this section shall forfeit and immediately surrender his permit to the Department of State Police. The provisions of subsection C of § 18.2-308.08 shall apply mutatis mutandis to this section.
§ 18.2-308.018. Possession of a revoked or suspended concealed handgun permit; penalty.
A. Any person who displays a permit that has been revoked or suspended knowing that such permit has been revoked or suspended is guilty of a Class 1 misdemeanor.
B. Any person who violates subsection A while in possession of a concealed handgun is guilty of a Class 6 felony.
§ 52-4.5. Concealed handgun permits; statistical reports.
The Department of State Police shall report to the General Assembly, by December 1 of each year, statistical information regarding concealed handgun permits issued by the Department of State Police pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 for the preceding 12 months complete through October 31. Such statistical information shall include (i) the number of concealed handgun permits issued to residents of the Commonwealth, (ii) the number of concealed handgun permits issued to nonresidents, (iii) the number of permit applications denied by the Department, (iv) the average length of time for the issuance of a permit or the denial of an application, (v) the total number of permits that were issued or applications that were denied by the Department in an untimely manner in violation of the provisions of subsection B of § 18.2-308.04, and (vi) the total amount of fees received by the Department pursuant to Article 6.1 of Chapter 7 of Title 18.2. The statistical information contained in the report shall not identify individual permittees.
2. That §§ 18.2-308.05 and 18.2-308.010 of the Code of Virginia are repealed.
3. That the provisions of this act shall become effective on January 1, 2015.
4. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 806 of the Acts of Assembly of 2013 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.
SENATE BILL NO. 608
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-308.01 through 18.2-308.04, 18.2-308.06 through 18.2-308.09, 18.2-308.011, 18.2-308.012, and 18.2-308.013 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 6.1 of Chapter 7 of Title 18.2 sections numbered 18.2-308.016, 18.2-308.017, and 18.2-308.018 and by adding a section numbered 52-4.5 as follows:
§ 18.2-308.01. Carrying a concealed handgun with a permit.
A. The prohibition against carrying a concealed handgun in clause (i) of subsection A of § 18.2-308 shall not apply to a person who has a valid concealed handgun permit issued pursuant to this article.
The B. A person who has been issued the a permit prior to January 1, 2015, 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 U.S. Department of Defense or U.S. State Department
(passport) upon demand by a law-enforcement officer.
C. A person who has been issued a permit on or after January 1, 2015, 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.
D.
A person to whom who has been
issued 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 § 18.2-308.010. E. A permit issued prior to January 1, 2015, to a member of the Virginia National Guard, the armed forces of the United States, or the Armed
Forces Reserves of the United States, and which expires during
such member's active-duty
military deployment outside the member's county or city of residence, shall remain valid for
90 days after the end date of the member's deployment. In order to establish proof of
continued validity of the permit, the 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.
B. F. Failure to display the
permit and a photo identification upon demand by a law-enforcement
officer shall be punishable by a $25 civil penalty, which shall be paid into
the state treasury, provided that, as
provided in subsection C, a person who has been
issued a permit on or after January 1,
2015, shall only be
required to display the permit upon demand by a law-enforcement officer.
Any attorney for the Commonwealth of the county or city in which the alleged
violation occurred may bring an action to recover the civil penalty. A court
may waive such penalty upon presentation to the court of a valid permit and, for a person issued a permit before January 1,
2015,
a government-issued photo identification. Any law-enforcement officer may issue
a summons for the civil violation of failure to display the concealed handgun
permit and, for a person issued a permit before January 1,
2015,
photo identification upon demand.
C. G. 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.
H. The Superintendent of State Police shall promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of a process for the issuance and retention of concealed handgun permits in accordance with the provisions of this article.
§ 18.2-308.02. Application for a concealed handgun permit; Virginia resident or domiciliary.
A. Any person 21 years of age or older who is a resident of the Commonwealth or who is a member of
the United States armed forces domiciled in the
Commonwealth 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, Department of
State Police 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 Commonwealth.
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 applicant
shall submit two photographs of a type and kind specified by the Department of
State Police. No information or documentation other than
that which is allowed on the application in accordance with this section may be
requested or required by the clerk or the
court Department of
State Police.
B. The court Department of State Police
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 online 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 that the court Department of State Police
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 that shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this subsection.
C. The making of a materially false statement in an application under this article shall constitute perjury, punishable as provided in § 18.2-434.
D. The clerk of court shall withhold
from public disclosure the applicant's name and any other information contained
in a permit application made before January 1,
2015, or any order issuing a concealed handgun permit, except that made before January 1,
2015. The Department of State
Police shall withhold from public disclosure the applicant's name and any other
information contained in a permit application made on or after January 1,
2015. However,
such information shall not be withheld from any law-enforcement officer acting
in the performance of his official duties.
E. An application is deemed complete when all information
required to be furnished by the applicant, including the fee for a concealed
handgun permit as set forth in § 18.2-308.03, is delivered to and received by the clerk of court Department of State Police
before or concomitant with the conduct of a state or and national criminal history
records check.
§ 18.2-308.03. Fees for concealed handgun permits.
A. The clerk Department of State Police shall charge a fee of $10 $100 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 article. The $35 fee shall
include any amount assessed by the U.S. Federal Bureau of Investigation for
providing criminal history record information, and the local law-enforcement agency
shall forward the amount assessed by the U.S. Federal Bureau of Investigation
to the State Police with the fingerprints taken from any nonresident applicant.
The State Police may charge a fee not to exceed $5 to cover its 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 receives the application. Payment may be made by
any method accepted by that court for payment of other fees or penalties the Department of State Police.
No payment shall be required until the application is received by the court Department of State Police as
a complete application.
B. No The Department of State Police shall charge a fee shall be charged of $25 for the issuance of such a 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 U.S. Federal
Bureau of Investigation, Bureau of Alcohol, Tobacco and Firearms, Secret
Service Agency, Drug Enforcement Administration, United States Citizenship and
Immigration Services, U.S. Customs and Border Protection, 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) (iii) 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) (iv) as a law-enforcement officer with any combination of the
agencies listed in clauses clause (ii) through (iv) or (iii), after completing 15
years of service; (vi) (v) 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; or (vii) (vi) as a correctional officer as defined in § 53.1-1, after completing 15 years of
service.
C. The Department of State Police shall not charge a fee for reinstatement of a permit under subsection E of § 18.2-308.013.
D. Notwithstanding the provisions of subsection A, any person who applies for a permit who, at the time of the application, possesses an unexpired permit issued prior to January 1, 2015, shall be charged a fee of $50 for the processing of an application or issuing of a permit.
E. The Department of State Police shall charge a fee of $50 for the conversion of a nonresident concealed handgun permit issued in accordance with § 18.2-308.06 into a resident concealed handgun permit issued in accordance with § 18.2-308.02.
§ 18.2-308.04. Processing of the application and issuance of a concealed handgun permit.
A. The clerk of court shall enter on the application
the date on which the application and all other information required to be
submitted by the applicant is received.
B. Upon receipt of the completed an application completed in accordance with § 18.2-308.02,
the court Department of State Police
shall consult with either the sheriff or police department of the applicant's county or city and receive a
report from the Central Criminal Records Exchange initiate a search of all available information
from the Department of State Police and the Federal Bureau of Investigation to
determine whether or not the applicant is prohibited from possessing or
transporting a firearm under state or federal law.
C. B. The court Department of State Police
shall issue the permit via United States mail and notify the State Police of the issuance of the
permit within 45 business days of receipt of the completed application unless it is
determined that the applicant is disqualified. Any order letter denying
issuance of the a permit shall be in accordance with § 18.2-308.08. If the applicant is later found by the court
Department of State Police to be
disqualified after a
five-year permit has been issued, the
permit shall be revoked.
D. 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 application there are no outstanding questions or issues. 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 section 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.
E. The C. A permit
to carry a concealed handgun issued prior
to January 1, 2015, 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.
D. A permit to carry a concealed handgun issued on or after January 1, 2015, shall specify only the following information: the permittee's name, address, date of birth, gender, height, weight, color of hair, color of eyes, and photograph; the signature of the Superintendent of State Police or his designee; and the date of the permit's issuance. The permit to carry a concealed handgun shall be of a uniform style prescribed by the Department of State Police.
§ 18.2-308.06. Nonresident concealed handgun permits.
A. 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 and 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 U.S. 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 subsection C
of § 18.2-308.02 and § 18.2-308.09 shall apply, mutatis mutandis, to the provisions
of this subsection.
B. 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 that shows completion of the course or class or evidences participation in firearms competition shall satisfy the requirement for demonstration of competence with a handgun.
C. The Department of State Police may charge a fee not to
exceed $100 $200
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.
D. 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.
E. 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. Upon establishment of residency in the
Commonwealth, the holder of
a valid nonresident concealed handgun permit may request the conversion of the permit into a
resident permit issued in accordance with the provisions
of § 18.2-308.02, subject to the fee set out in
subsection D of § 18.2-308.03.
§ 18.2-308.07. Entry of information into the Virginia Criminal Information Network.
A. An order issuing a concealed handgun permit
pursuant to § 18.2-308.04, or the copy of the permit application certified by
the clerk as a de facto permit pursuant to § 18.2-308.05, shall be provided to
the State Police and the law-enforcement agencies of the county or city by the
clerk of the court. The Department of State
Police shall enter the permittee's name and description of a person issued a permit pursuant to §
18.2-308.02 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.
B. The Department of State Police shall enter the name and description of a person issued a nonresident permit pursuant to § 18.2-308.06 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.
C. The Department of 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 (i) records by
the Department of State Police
concerning permits issued to nonresidents of the Commonwealth pursuant to §
18.2-308.06 or (ii) statistical summaries, abstracts, or other records
containing information in an aggregate form that does not identify any
individual permittees.
§ 18.2-308.08. Denial of a concealed handgun permit; appeal.
A. Only a circuit court judge may deny issuance of a
concealed handgun permit to a Virginia resident or domiciliary who has applied
for a permit pursuant to § 18.2-308.04. Any order letter denying issuance of a
concealed handgun permit shall state the basis for the denial of the permit,
including, if applicable, any reason under § 18.2-308.09 that is the basis of
the denial, and the clerk Department of State Police
shall provide notice, in writing, upon denial of the application, of the
applicant's right to an ore tenus hearing and the requirements for
perfecting an appeal of such order denial to the
Superintendent of State Police or his designee.
B. 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 Superintendent
of State Police or his designee shall review the
application, the letter of denial, and all materials submitted by the applicant
for consideration in the appeal and, within 30 days of the
request for appeal, either grant the permit or issue a letter stating the basis
of denial.
C. Any person denied a permit to carry a concealed
handgun by the circuit court 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, 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. The Superintendent
of State Police or his designee who issues a denial letter pursuant to subsection B shall provide
notice in writing of the applicant's right to an ore tenus hearing in
circuit court and the
requirements for perfecting an appeal of such denial,
including identifying the circuit that is the proper venue for
the appeal. Venue for such
hearing shall be in the circuit court of the county or city
nearest to the location of the applicant's residence where
a division
or administrative headquarters
of the Department of State
Police is located. Upon request
of the applicant made within 21 days of the denial issued under subsection B,
the court shall place the matter on the docket of the appropriate
circuit court 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.
§ 18.2-308.09. Disqualifications for a concealed handgun permit.
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 § 64.2-2012 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, synthetic cannabinoids, 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 Department of State Police determines,
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 Department of State Police 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 that 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 article, 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.) or of a criminal offense of illegal
possession or distribution of marijuana, synthetic cannabinoids, 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 article, 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.) or upon a charge of illegal possession or distribution of marijuana,
synthetic cannabinoids, 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 is otherwise ineligible to possess a firearm pursuant to state or federal law.
§ 18.2-308.011. Replacement permits.
A. The clerk of a
circuit court that issued a valid concealed handgun permit Department of State Police
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 receives the information for the replacement
permit.
B. The clerk of a
circuit court that issued a valid concealed handgun permit Department of
State Police shall, upon submission of a notarized
statement by the permit holder that the permit was lost or destroyed, issue a
replacement permit. The replacement permit shall have the same
expiration date as the permit that was lost or destroyed. The clerk Department of State Police
shall issue the replacement permit within 10 30 business
days of receiving the notarized statement, and may charge a fee not to exceed $5 $10.
§ 18.2-308.012. Prohibited conduct.
A. 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 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. Upon such conviction that court the Department of State Police
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.
B. 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 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.
§ 18.2-308.013. Revocation of permit; reinstatement.
A. Any The Department of State Police shall revoke the
permit of any person convicted
of an offense that would disqualify that person from obtaining a permit under §
18.2-308.09 or who violates subsection C of § 18.2-308.02. Such person shall forfeit his
permit for a concealed handgun and surrender it to the court Department of State Police.
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 § 18.2-308.09, 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 Department of State Police 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.
B. An The Department of State Police shall revoke the
permit of any individual who
has a felony charge pending or a charge pending for an offense listed in
subdivision 14 or 15 of § 18.2-308.09, 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.
C. The court Department of State Police
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.
D. The
Department of State Police shall revoke the permit of any individual who carries
a resident permit issued in accordance with § 18.2-308.02
and who establishes residency outside the
Commonwealth. This subsection shall not apply to (i) residents of
the Commonwealth who serve in the United States
armed forces and who are stationed outside the Commonwealth but who retain
their permanent residency
within the Commonwealth for purposes of military pay or (ii) any nonresident member of the
United States armed forces while he is domiciled in the Commonwealth.
E. Any person whose permit was revoked pursuant to this section may apply with the Department of State Police for reinstatement of the permit. Such person must demonstrate that the condition or preclusion that was the basis of the revocation has lapsed or is no longer in effect and that any administrative fines have been paid.
F. Any person whose permit issued prior to January 1, 2015, expires during the permit's revocation period shall apply for a new permit in accordance with § 18.2-308.02.
§ 18.2-308.016. Change of address.
A. Any person who has been issued a permit in accordance with this article and whose address changes from the address shown on the permit shall, within 30 business days of the change in the address, notify the Department of State Police of his change of address. The Department of State Police shall issue a new permit in accordance with § 18.2-308.011.
B. The Department of State Police shall suspend the permit issued to any person who fails to comply with the provisions of subsection A. Such suspension shall occur immediately upon notice by the Department of State Police that such person is in violation of subsection A. The Department of State Police shall notify the permittee of such suspension, and any suspended permit shall be surrendered to the Department of State Police upon notice of suspension for 180 days from the date such permit is surrendered. The Department of State Police shall return any suspended permit at the conclusion of such suspension.
§ 18.2-308.017. Periodic background check.
The Department of State Police shall conduct a national criminal history records check on all valid concealed handgun permits issued in accordance with this article on a periodic basis throughout the lifetime of the permit. Upon notice of any reason that would be the basis of a revocation under § 18.2-308.013 or subsection A of § 18.2-308.012, the Superintendent of State Police or his designee shall revoke any permit issued to a disqualified person. The Department of State Police shall notify in writing any person whose permit is revoked pursuant to this section of such revocation at his last known address. Such notice shall state any reason under § 18.2-308.09 or subsection A of § 18.2-308.012 that is the basis of the revocation. Any person who receives notice of revocation pursuant to this section shall forfeit and immediately surrender his permit to the Department of State Police. The provisions of subsection C of § 18.2-308.08 shall apply mutatis mutandis to this section.
§ 18.2-308.018. Possession of a revoked or suspended concealed handgun permit; penalty.
A. Any person who knowingly possesses a permit that has been revoked or suspended is guilty of a Class 1 misdemeanor.
B. Any person who violates subsection A while in possession of a concealed handgun is guilty of a Class 6 felony.
§ 52-4.5. Concealed handgun permits; statistical reports.
The Department of State Police shall report to the General Assembly, by December 1 of each year, statistical information regarding concealed handgun permits issued by the Department of State Police pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 for the preceding 12 months complete through October 31. Such statistical information shall include (i) the number of concealed handgun permits issued to residents of the Commonwealth, (ii) the number of concealed handgun permits issued to nonresidents, (iii) the number of permit applications denied by the Department, (iv) the average length of time for the issuance of a permit or the denial of an application, (v) the total number of permits that were issued or applications that were denied by the Department in an untimely manner in violation of the provisions of subsection B of § 18.2-308.04, and (vi) the total amount of fees received by the Department pursuant to Article 6.1 of Chapter 7 of Title 18.2. The statistical information contained in the report shall not identify individual permittees.
2. That §§ 18.2-308.05 and 18.2-308.010 of the Code of Virginia are repealed.
3. That the provisions of this act shall become effective on January 1, 2015.
4. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 806 of the Acts of Assembly of 2013 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.