2006 Code of Virginia § 18.2-308.2 - Possession or transportation of firearms, stun weapons, tasers, explosives or concealed weapons by ...

18.2-308.2. Possession or transportation of firearms, stun weapons, tasers,explosives or concealed weapons by convicted felons; penalties; petition forpermit; when issued.

A. It shall be unlawful for (i) any person who has been convicted of afelony; (ii) any person adjudicated delinquent, on or after July 1, 2005, asa juvenile 14 years of age or older at the time of the offense of murder inviolation of 18.2-31 or 18.2-32, kidnapping in violation of 18.2-47,robbery by the threat or presentation of firearms in violation of 18.2-58,or rape in violation of 18.2-61; or (iii) any person under the age of 29who was adjudicated delinquent as a juvenile 14 years of age or older at thetime of the offense of a delinquent act which would be a felony if committedby an adult, other than those felonies set forth in clause (ii), whether suchconviction or adjudication occurred under the laws of the Commonwealth, orany other state, the District of Columbia, the United States or any territorythereof, to knowingly and intentionally possess or transport any firearm orstun weapon, taser as defined by 18.2-308.1 or any explosive material, orto knowingly and intentionally carry about his person, hidden from commonobservation, any weapon described in subsection A of 18.2-308. However,such person may possess in his residence or the curtilage thereof a stunweapon or taser as defined by 18.2-308.1. Any person who violates thissection shall be guilty of a Class 6 felony. However, any person who violatesthis section by knowingly and intentionally possessing or transporting anyfirearm and who was previously convicted of a violent felony as defined in 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment offive years. Any person who violates this section by knowingly andintentionally possessing or transporting any firearm and who was previouslyconvicted of any other felony within the prior 10 years shall be sentenced toa mandatory minimum term of imprisonment of two years. The mandatory minimumterms of imprisonment prescribed for violations of this section shall beserved consecutively with any other sentence.

B. The prohibitions of subsection A shall not apply to (i) any person whopossesses a firearm, explosive material or other weapon while carrying outhis duties as a member of the Armed Forces of the United States or of theNational Guard of Virginia or of any other state, (ii) any law-enforcementofficer in the performance of his duties, or (iii) any person who has beenpardoned or whose political disabilities have been removed pursuant toArticle V, Section 12 of the Constitution of Virginia provided the Governor,in the document granting the pardon or removing the person's politicaldisabilities, may expressly place conditions upon the reinstatement of theperson's right to ship, transport, possess or receive firearms.

C. Any person prohibited from possessing, transporting or carrying a firearm,stun weapon or taser under subsection A, may petition the circuit court ofthe jurisdiction in which he resides for a permit to possess or carry afirearm, stun weapon or taser; however, no person who has been convicted of afelony shall be qualified to petition for such a permit unless his civilrights have been restored by the Governor or other appropriate authority. Thecourt may, in its discretion and for good cause shown, grant such petitionand issue a permit. The provisions of this section relating to firearms, stunweapons, and tasers shall not apply to any person who has been granted apermit pursuant to this subsection.

C1. Any person who was prohibited from possessing, transporting or carryingexplosive material under subsection A may possess, transport or carry suchexplosive material if his right to possess, transport or carry explosivematerial has been restored pursuant to federal law.

D. For the purpose of this section, "explosive material" means any chemicalcompound mixture, or device, the primary or common purpose of which is tofunction by explosion; the term includes, but is not limited to, dynamite andother high explosives, black powder, pellet powder, smokeless gun powder,detonators, blasting caps and detonating cord but shall not include fireworksor permissible fireworks as defined in 27-95.

(1979, c. 474; 1982, c. 515; 1983, c. 233; 1986, cc. 409, 641; 1987, c. 108;1988, c. 237; 1989, cc. 514, 531; 1993, cc. 468, 926; 1994, cc. 859, 949;1999, cc. 829, 846; 2001, cc. 811, 854; 2002, c. 362; 2003, c. 110; 2004, cc.429, 461, 995; 2005, cc. 600, 833.)

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