2006 Code of Virginia § 18.2-308 - Personal protection; carrying concealed weapons; when lawful to carry

18.2-308. Personal protection; carrying concealed weapons;when lawful to carry.

A. If any person carries about his person, hidden from commonobservation, (i) any pistol, revolver, or other weapon designed or intended topropel a missile of any kind by action of an explosion of any combustiblematerial; (ii) any dirk, bowie knife, switchblade knife, ballistic knife,machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) anyflailing instrument consisting of two or more rigid parts connected in such amanner as to allow them to swing freely, which may be known as a nun chahka,nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whateverconfiguration, having at least two points or pointed blades which is designedto be thrown or propelled and which may be known as a throwing star or orientaldart; or (v) any weapon of like kind as those enumerated in this subsection, heshall be guilty of a Class 1 misdemeanor. A second violation of this section ora conviction under this section subsequent to any conviction under anysubstantially similar ordinance of any county, city, or town shall bepunishable as a Class 6 felony, and a third or subsequent such violation shallbe punishable as a Class 5 felony. For the purpose of this section, a weaponshall be deemed to be hidden from common observation when it is observable butis of such deceptive appearance as to disguise the weapon's true nature.

B. This section shall not apply to any person while in his ownplace of abode or the curtilage thereof.

Except as provided in subsection J1, this section shall notapply to:

1. Any person while in his own place of business;

2. Any law-enforcement officer, wherever such law-enforcementofficer may travel in the Commonwealth;

3. Any regularly enrolled member of a target shootingorganization who is at, or going to or from, an established shooting range,provided that the weapons are unloaded and securely wrapped while beingtransported;

4. Any regularly enrolled member of a weapons collectingorganization who is at, or going to or from, a bona fide weapons exhibition,provided that the weapons are unloaded and securely wrapped while beingtransported;

5. Any person carrying such weapons between his place of abodeand a place of purchase or repair, provided the weapons are unloaded andsecurely wrapped while being transported;

6. Any person actually engaged in lawful hunting, asauthorized by the Board of Game and Inland Fisheries, under inclement weatherconditions necessitating temporary protection of his firearm from thoseconditions, provided that possession of a handgun while engaged in lawfulhunting shall not be construed as hunting with a handgun if the person huntingis carrying a valid concealed handgun permit; and

7. Any State Police officer retired from the Department ofState Police, any local law-enforcement officer, auxiliary police officer oranimal control officer retired from a police department or sheriff's officewithin the Commonwealth, any special agent retired from the State CorporationCommission or the Alcoholic Beverage Control Board, any game warden retiredfrom the Department of Game and Inland Fisheries, and any Virginia MarinePolice officer retired from the Law Enforcement Division of the Virginia MarineResources Commission, other than an officer or agent terminated for cause, (i)with a service-related disability; (ii) following at least 15 years of servicewith any such law-enforcement agency, board or any combination thereof; or (iii)who has reached 55 years of age, provided such officer carries with him writtenproof of consultation with and favorable review of the need to carry aconcealed handgun issued by the chief law-enforcement officer of the last suchagency from which the officer retired or, in the case of special agents, issuedby the State Corporation Commission or the Alcoholic Beverage Control Board. Acopy of the proof of consultation and favorable review shall be forwarded bythe chief or the Board to the Department of State Police for entry into theVirginia Criminal Information Network. The chief law-enforcement officer shallnot without cause withhold such written proof if the retired law-enforcementofficer otherwise meets the requirements of this section.

For purposes of applying the reciprocity provisions ofsubsection P, any person granted the privilege to carry a concealed handgunpursuant to this subdivision, while carrying the proof of consultation andfavorable review required, shall be deemed to have been issued a concealedhandgun permit.

C. This section shall also not apply to any of the followingindividuals while in the discharge of their official duties, or while intransit to or from such duties:

1. Carriers of the United States mail;

2. Officers or guards of any state correctional institution;

3. [Repealed.]

4. Conservators of the peace, except that the followingconservators of the peace shall not be permitted to carry a concealed handgunwithout obtaining a permit as provided in subsection D hereof: (a) notariespublic; (b) registrars; (c) drivers, operators or other persons in charge ofany motor vehicle carrier of passengers for hire; or (d) commissioners inchancery;

5. Noncustodial employees of the Department of Correctionsdesignated to carry weapons by the Director of the Department of Correctionspursuant to 53.1-29; and

6. Harbormaster of the City of Hopewell.

D. (Effective until July 1, 2007 - see Editor's notes) Anyperson 21 years of age or older may apply in writing to the clerk of thecircuit court of the county or city in which he resides, or if he is a memberof the United States Armed Forces, the county or city in which he is domiciled,for a five-year permit to carry a concealed handgun. There shall be norequirement regarding the length of time an applicant has been a resident ordomiciliary of the county or city. The application shall be made under oathbefore a notary or other person qualified to take oaths and shall be made onlyon a form prescribed by the Department of State Police, in consultation withthe Supreme Court, requiring only that information necessary to determineeligibility for the permit. The clerk shall enter on the application the dateon which the application and all other information required to be submitted bythe applicant is received. The court shall consult with either the sheriff orpolice department of the county or city and receive a report from the CentralCriminal Records Exchange. As a condition for issuance of a concealed handgunpermit, the applicant shall submit to fingerprinting if required by localordinance in the county or city where the applicant resides and providepersonal descriptive information to be forwarded with the fingerprints throughthe Central Criminal Records Exchange to the Federal Bureau of Investigationfor the purpose of obtaining criminal history record information regarding theapplicant, and obtaining fingerprint identification information from federalrecords pursuant to criminal investigations by state and local law-enforcementagencies. Where feasible and practical, the local law-enforcement agency maytransfer information electronically to the State Police instead of inkedfingerprint cards. Upon completion of the criminal history records check, theState Police shall return the fingerprint cards to the submitting local agencyor, in the case of scanned fingerprints, destroy the electronic record. Thelocal agency shall then promptly notify the person that he has 21 days from thedate of the notice to request return of the fingerprint cards, if any. Allfingerprint cards not claimed by the applicant within 21 days of notificationby the local agency shall be destroyed. All optically scanned fingerprintsshall be destroyed upon completion of the criminal history records checkwithout requiring that the applicant be notified. Fingerprints taken for thepurposes described in this section shall not be copied, held or used for anyother purposes. The court shall issue the permit and notify the State Police ofthe issuance of the permit within 45 days of receipt of the completedapplication unless it is determined that the applicant is disqualified. Anyorder denying issuance of the permit shall state the basis for the denial ofthe permit and the applicant's right to and the requirements for perfecting anappeal of such order pursuant to subsection L. An application is deemedcomplete when all information required to be furnished by the applicant isdelivered to and received by the clerk of court before or concomitant with theconduct of a state or national criminal history records check. If the court hasnot issued the permit or determined that the applicant is disqualified within45 days of the date of receipt noted on the application, the clerk shallcertify on the application that the 45-day period has expired, and send a copyof the certified application to the applicant. The certified application shallserve as a de facto permit, which shall expire 90 days after issuance, andshall be recognized as a valid concealed handgun permit when presented with avalid government-issued photo identification pursuant to subsection H, untilthe court issues a five-year permit or finds the applicant to be disqualified.If the applicant is found to be disqualified after the de facto permit isissued, the applicant shall surrender the de facto permit to the court and thedisqualification shall be deemed a denial of the permit and a revocation of thede facto permit. If the applicant is later found by the court to bedisqualified after a five-year permit has been issued, the permit shall berevoked. The clerk of court may withhold from public disclosure the socialsecurity number contained in a permit application in response to a request toinspect or copy any such permit application, except that such social securitynumber shall not be withheld from any law-enforcement officer acting in theperformance of his official duties.

D. (Effective July 1, 2007 - see Editor's notes) Any person 21years of age or older may apply in writing to the clerk of the circuit court ofthe county or city in which he resides, or if he is a member of the UnitedStates Armed Forces, the county or city in which he is domiciled, for a permitto carry a concealed handgun. There shall be no requirement regarding the lengthof time an applicant has been a resident or domiciliary of the county or city.The application shall be made under oath before a notary or other personqualified to take oaths and shall be made only on a form prescribed by theDepartment of State Police, in consultation with the Supreme Court, requiringonly that information necessary to determine eligibility for the permit. Theclerk shall enter on the application the date on which the application and allother information required to be submitted by the applicant is received. Thecourt shall consult with either the sheriff or police department of the countyor city and receive a report from the Central Criminal Records Exchange. As acondition for issuance of a concealed handgun permit, the applicant shallsubmit to fingerprinting if required by local ordinance in the county or citywhere the applicant resides and provide personal descriptive information to beforwarded with the fingerprints through the Central Criminal Records Exchangeto the Federal Bureau of Investigation for the purpose of obtaining criminalhistory record information regarding the applicant, and obtaining fingerprintidentification information from federal records pursuant to criminalinvestigations by state and local law-enforcement agencies. Where feasible andpractical, the local law-enforcement agency may transfer informationelectronically to the State Police instead of inked fingerprint cards. Uponcompletion of the criminal history records check, the State Police shall returnthe fingerprint cards to the submitting local agency or, in the case of scannedfingerprints, destroy the electronic record. The local agency shall thenpromptly notify the person that he has 21 days from the date of the notice torequest return of the fingerprint cards, if any. All fingerprint cards notclaimed by the applicant within 21 days of notification by the local agencyshall be destroyed. All optically scanned fingerprints shall be destroyed uponcompletion of the criminal history records check without requiring that theapplicant be notified. Fingerprints taken for the purposes described in thissection shall not be copied, held or used for any other purposes. The courtshall issue the permit and notify the State Police of the issuance of the permitwithin 45 days of receipt of the completed application unless it is determinedthat the applicant is disqualified. Any order denying issuance of the permitshall state the basis for the denial of the permit and the applicant's right toand the requirements for perfecting an appeal of such order pursuant tosubsection L. An application is deemed complete when all information requiredto be furnished by the applicant is delivered to and received by the clerk ofcourt before or concomitant with the conduct of a state or national criminalhistory records check. If the court has not issued the permit or determinedthat the applicant is disqualified within 45 days of the date of receipt notedon the application, the clerk shall certify on the application that the 45-dayperiod has expired, and send a copy of the certified application to theapplicant. The certified application shall serve as a de facto permit, whichshall expire 90 days after issuance, and shall be recognized as a validconcealed handgun permit when presented with a valid government-issued photoidentification pursuant to subsection H, until the court issues a permit orfinds the applicant to be disqualified. If the applicant is found to bedisqualified after the de facto permit is issued, the applicant shall surrenderthe de facto permit to the court and the disqualification shall be deemed adenial of the permit and a revocation of the de facto permit. If the applicantis later found by the court to be disqualified after a permit has been issued,the permit shall be revoked. The clerk of court may withhold from publicdisclosure the social security number contained in a permit application inresponse to a request to inspect or copy any such permit application, exceptthat such social security number shall not be withheld from any law-enforcementofficer acting in the performance of his official duties.

D1. (Effective July 1, 2007 - see Editor's note) Whenever anyperson moves from the address shown on the concealed handgun permit, he shall,within 30 days, notify the issuing court of his change of address. The courtshall issue a new concealed handgun permit as provided in subsection H andprovide the Department of State Police with the permit information as requiredin subsection K.

E. The following persons shall be deemed disqualified fromobtaining a permit:

1. An individual who is ineligible to possess a firearmpursuant to 18.2-308.1:1, 18.2-308.1:2 or 18.2-308.1:3 or the substantiallysimilar law of any other state or of the United States.

2. An individual who was ineligible to possess a firearmpursuant to 18.2-308.1:1 and who was discharged from the custody of theCommissioner pursuant to 19.2-182.7 less than five years before the date ofhis application for a concealed handgun permit.

3. An individual who was ineligible to possess a firearmpursuant to 18.2-308.1:2 and whose competency or capacity was restoredpursuant to 37.2-1012 less than five years before the date of his applicationfor 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 beforethe date of this application for a concealed handgun permit.

5. An individual who is subject to a restraining order, or to aprotective order and prohibited by 18.2-308.1:4 from purchasing ortransporting a firearm.

6. An individual who is prohibited by 18.2-308.2 frompossessing or transporting a firearm, except that a permit may be obtained inaccordance with subsection C of that section.

7. An individual who has been convicted of two or moremisdemeanors within the five-year period immediately preceding the application,if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall havethe discretion to deny a permit for two or more misdemeanors that are not Class1. Traffic infractions and misdemeanors set forth in Title 46.2 shall not beconsidered for purposes of this disqualification.

8. An individual who is addicted to, or is an unlawful user ordistributor of, marijuana or any controlled substance.

9. An individual who has been convicted of a violation of 18.2-266 or a substantially similar local ordinance or of public drunkenness withinthe three-year period immediately preceding the application, or who is ahabitual drunkard as determined pursuant to 4.1-333.

10. An alien other than an alien lawfully admitted forpermanent residence in the United States.

11. An individual who has been discharged from the ArmedForces 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 ofthe evidence, based on specific acts by the applicant, is likely to use aweapon unlawfully or negligently to endanger others. The sheriff, chief ofpolice, or attorney for the Commonwealth may submit to the court a swornwritten statement indicating that, in the opinion of such sheriff, chief ofpolice, or attorney for the Commonwealth, based upon a disqualifying convictionor upon the specific acts set forth in the statement, the applicant is likelyto use a weapon unlawfully or negligently to endanger others. The statement ofthe sheriff, chief of police, or the attorney for the Commonwealth shall bebased upon personal knowledge of such individual or of a deputy sheriff, policeofficer, or assistant attorney for the Commonwealth of the specific acts, orupon a written statement made under oath before a notary public of a competentperson 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 18.2-282within the three-year period immediately preceding the application.

15. An individual who has been convicted of stalking.

16. An individual whose previous convictions or adjudicationsof delinquency were based on an offense which would have been at the time ofconviction a felony if committed by an adult under the laws of any state, theDistrict of Columbia, the United States or its territories. For purposes ofthis disqualifier, only convictions occurring within 16 years following thelater of the date of (i) the conviction or adjudication or (ii) release fromany incarceration imposed upon such conviction or adjudication shall be deemedto be "previous convictions."

17. An individual who has a felony charge pending or a chargepending for an offense listed in subdivision 14 or 15.

18. An individual who has received mental health treatment orsubstance abuse treatment in a residential setting within five years prior tothe date of his application for a concealed handgun permit.

19. An individual not otherwise ineligible pursuant to thissection, who, within the three-year period immediately preceding theapplication for the permit, was found guilty of any criminal offense set forthin Article 1 ( 18.2-247 et seq.) of Chapter 7 of this title or of a criminaloffense of illegal possession or distribution of marijuana or any controlledsubstance, under the laws of any state, the District of Columbia, or the UnitedStates or its territories.

20. An individual, not otherwise ineligible pursuant to thissection, with respect to whom, within the three-year period immediatelypreceding the application, upon a charge of any criminal offense set forth inArticle 1 ( 18.2-247 et seq.) of Chapter 7 of this title or upon a charge ofillegal possession or distribution of marijuana or any controlled substanceunder the laws of any state, the District of Columbia, or the United States orits territories, the trial court found that the facts of the case weresufficient 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 ofColumbia, or the United States or its territories.

F. The making of a materially false statement in anapplication under this section shall constitute perjury, punishable as providedin 18.2-434.

G. The court shall require proof that the applicant hasdemonstrated competence with a handgun and the applicant may demonstrate suchcompetence by one of the following, but no applicant shall be required tosubmit to any additional demonstration of competence:

1. Completing any hunter education or hunter safety courseapproved by the Department of Game and Inland Fisheries or a similar agency ofanother state;

2. Completing any National Rifle Association firearms safetyor training course;

3. Completing any firearms safety or training course or classavailable to the general public offered by a law-enforcement agency, juniorcollege, college, or private or public institution or organization or firearmstraining school utilizing instructors certified by the National RifleAssociation or the Department of Criminal Justice Services;

4. Completing any law-enforcement firearms safety or trainingcourse 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 firearmthrough participation in organized shooting competition or current military serviceor proof of an honorable discharge from any branch of the armed services;

6. Obtaining or previously having held a license to carry afirearm in the Commonwealth or a locality thereof, unless such license has beenrevoked for cause;

7. Completing any firearms training or safety course or classconducted by a state-certified or National Rifle Association-certified firearmsinstructor;

8. Completing any governmental police agency firearms trainingcourse and qualifying to carry a firearm in the course of normal police duties;or

9. Completing any other firearms training which the courtdeems adequate.

A photocopy of a certificate of completion of any of thecourses or classes; an affidavit from the instructor, school, club,organization, or group that conducted or taught such course or class attestingto the completion of the course or class by the applicant; or a copy of anydocument which shows completion of the course or class or evidencesparticipation in firearms competition shall constitute evidence ofqualification under this subsection.

H. (Effective until July 1, 2007 - see Editor's notes) Thepermit to carry a concealed handgun shall specify only the followinginformation: name, address, date of birth, gender, height, weight, color ofhair, color of eyes, and signature of the permittee; the signature of the judgeissuing the permit, or of the clerk of court who has been authorized to signsuch permits by the issuing judge; the date of issuance; and the expirationdate. The permit to carry a concealed handgun shall be no larger than twoinches wide by three and one-fourth inches long and shall be of a uniform styleprescribed by the Department of State Police. The person issued the permitshall have such permit on his person at all times during which he is carrying aconcealed handgun and shall display the permit and a photo-identificationissued by a government agency of the Commonwealth or by the United StatesDepartment of Defense or United States State Department (passport) upon demandby a law-enforcement officer.

H. (Effective July 1, 2007 - see Editor's notes) The permit tocarry a concealed handgun shall specify only the following information: name,address, date of birth, gender, height, weight, color of hair, color of eyes,and signature of the permittee; the signature of the judge issuing the permit,or of the clerk of court who has been authorized to sign such permits by theissuing judge; and the date of issuance. The permit to carry a concealedhandgun shall be no larger than two inches wide by three and one-fourth incheslong and shall be of a uniform style prescribed by the Department of StatePolice. The person issued the permit shall have such permit on his person atall times during which he is carrying a concealed handgun and shall display thepermit and a photo-identification issued by a government agency of theCommonwealth or by the United States Department of Defense or United StatesState Department (passport) upon demand by a law-enforcement officer.

H1. If a permit holder is a member of the Virginia NationalGuard, Armed Forces of the United States, or the Armed Forces reserves of theUnited States, and his five-year permit expires during an active-duty militarydeployment outside of the permittee's county or city of residence, such permitshall remain valid for 90 days after the end date of the deployment. In orderto establish proof of continued validity of the permit, such a permittee shallcarry with him and display, upon request of a law-enforcement officer, a copy ofthe permittee's deployment orders or other documentation from the permittee'scommanding officer that order the permittee to travel outside of his county orcity of residence and that indicate the start and end date of such deployment.

I. (Effective until July 1, 2007 - see Editor's notes) Personswho previously have held a concealed handgun permit shall be issued, uponapplication as provided in subsection D, a new five-year permit unless there isgood cause shown for refusing to reissue a permit. If the circuit court deniesthe permit, the specific reasons for the denial shall be stated in the order ofthe court denying the permit. Upon denial of the application, the clerk shallprovide the person with notice, in writing, of his right to an ore tenus hearing.Upon request of the applicant made within 21 days, the court shall place thematter on the docket for an ore tenus hearing. The applicant may be representedby counsel, but counsel shall not be appointed, and the rules of evidence shallapply. The final order of the court shall include the court's findings of factand conclusions of law.

I. (Effective July 1, 2007 - see Editor's notes) If thecircuit court denies the permit, the specific reasons for the denial shall bestated in the order of the court denying the permit. Upon denial of theapplication, the clerk shall provide the person with notice, in writing, of hisright to an ore tenus hearing. Upon request of the applicant made within 21days, 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 beappointed, and the rules of evidence shall apply. The final order of the courtshall include the court's findings of fact and conclusions of law.

J. Any person convicted of an offense that would disqualifythat person from obtaining a permit under subsection E or who violatessubsection F shall forfeit his permit for a concealed handgun and surrender itto the court. Upon receipt by the Central Criminal Records Exchange of a recordof the arrest, conviction or occurrence of any other event that woulddisqualify a person from obtaining a concealed handgun permit under subsectionE, the Central Criminal Records Exchange shall notify the court having issued thepermit of such disqualifying arrest, conviction or other event.

J1. Any person permitted to carry a concealed handgun, who isunder the influence of alcohol or illegal drugs while carrying such handgun ina public place, shall be guilty of a Class 1 misdemeanor. Conviction of any ofthe following offenses shall be prima facie evidence, subject to rebuttal, thatthe 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 inviolation of 18.2-388, or driving while intoxicated in violation of 46.2-341.24. Upon such conviction that court shall revoke the person's permitfor a concealed handgun and promptly notify the issuing circuit court. A personconvicted of a violation of this subsection shall be ineligible to apply for aconcealed handgun permit for a period of five years.

J2. An individual who has a felony charge pending or a chargepending for an offense listed in subdivision E 14 or E 15, holding a permit fora concealed handgun, may have the permit suspended by the court before whichsuch charge is pending or by the court that issued the permit.

J3. No person shall carry a concealed handgun onto thepremises of any restaurant or club as defined in 4.1-100 for which a licenseto sell and serve alcoholic beverages for on-premises consumption has beengranted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of theCode of Virginia; however, nothing herein shall prohibit any swornlaw-enforcement officer from carrying a concealed handgun on the premises ofsuch restaurant or club or any owner or event sponsor or his employees fromcarrying a concealed handgun while on duty at such restaurant or club if suchperson has a concealed handgun permit.

J4. 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, who holdsa concealed handgun permit, may have the permit suspended by the court thatissued the permit during the period of incompetency, incapacity or disability.

J5. (Effective July 1, 2007 - see Editor's note) TheDepartment of State Police shall conduct a state and national criminalbackground check through the National Instant Criminal Background Check System(NICS) and the Virginia Criminal Information Network (VCIN) on all validconcealed handgun permits annually. Upon receipt of a record of the arrest,conviction or occurrence of any other event that would disqualify a person fromobtaining a concealed handgun permit under subsections E, J1, J2 or J4, theSuperintendent of the Department of State Police or his designee shall revokethe permit of a disqualified person. The Department of State Police shallnotify the disqualified person in writing at his last known address of therevocation notice. The disqualified person shall forfeit and immediatelysurrender his permit for a concealed handgun to the Department of State Police.The Department of State Police shall notify the court having issued the permitof such disqualifying information. If the Department of State Police revokesthe permit, the specific reasons for the revocation shall be stated in therevocation notice. The person shall have the right to appeal the decision ofthe Department of State Police with the issuing court as provided in subsectionI. Any person who knowingly is in possession of a revoked concealed handgunpermit while in possession of a concealed handgun is guilty of a Class 6 felony.

K. No fee shall be charged for the issuance of such permit toa 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 alaw-enforcement officer with the Department of State Police, the Department ofGame and Inland Fisheries, or a sheriff or police department, bureau or forceof any political subdivision of the Commonwealth, after completing 15 years ofservice or after reaching age 55; (iii) as a law-enforcement officer with theUnited States Federal Bureau of Investigation, Bureau of Alcohol, Tobacco andFirearms, Secret Service Agency, Drug Enforcement Administration, United StatesCitizenship and Immigration Services, Customs Service, Department of StateDiplomatic Security Service, U.S. Marshals Service or Naval CriminalInvestigative Service, after completing 15 years of service or after reachingage 55; (iv) as a law-enforcement officer with any police or sheriff'sdepartment within the United States, the District of Columbia or any of theterritories of the United States, after completing 15 years of service; or (v)as a law-enforcement officer with any combination of the agencies listed inclauses (ii) through (iv), after completing 15 years of service. The clerkshall charge a fee of $10 for the processing of an application or issuing of apermit, including his costs associated with the consultation withlaw-enforcement agencies. The local law-enforcement agency conducting thebackground investigation may charge a fee not to exceed $35 to cover the costof conducting an investigation pursuant to this section. The $35 fee shallinclude any amount assessed by the Federal Bureau of Investigation forproviding criminal history record information, and the local law-enforcementagency shall forward the amount assessed by the Federal Bureau of Investigationto the State Police with the fingerprints taken from the applicant. The StatePolice may charge a fee not to exceed $5 to cover their costs associated withprocessing the application. The total amount assessed for processing anapplication for a permit shall not exceed $50, with such fees to be paid in onesum to the person who accepts the application. Payment may be made by anymethod accepted by that court for payment of other fees or penalties. Nopayment shall be required until the application is accepted by the court as acomplete application. The order issuing such permit, or the copy of the permitapplication certified by the clerk as a de facto permit pursuant to subsectionD, shall be provided to the State Police and the law-enforcement agencies ofthe county or city. The State Police shall enter the permittee's name anddescription in the Virginia Criminal Information Network so that the permit's existenceand current status will be made known to law-enforcement personnel accessingthe Network for investigative purposes.

L. Any person denied a permit to carry a concealed handgununder the provisions of this section may present a petition for review to theCourt of Appeals. The petition for review shall be filed within 60 days of theexpiration of the time for requesting an ore tenus hearing pursuant tosubsection I, or if an ore tenus hearing is requested, within 60 days of theentry of the final order of the circuit court following the hearing. Thepetition shall be accompanied by a copy of the original papers filed in thecircuit court, including a copy of the order of the circuit court denying thepermit. Subject to the provisions of subsection B of 17.1-410, the decisionof the Court of Appeals or judge shall be final. Notwithstanding any otherprovision 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.

M. For purposes of this section:

"Handgun" means any pistol or revolver or otherfirearm, except a machine gun, originally designed, made and intended to fire aprojectile by means of an explosion of a combustible material from one or morebarrels when held in one hand.

"Lawfully admitted for permanent residence" meansthe status of having been lawfully accorded the privilege of residingpermanently in the United States as an immigrant in accordance with theimmigration laws, such status not having changed.

"Law-enforcement officer" means those individualsdefined as a law-enforcement officer in 9.1-101, campus police officersappointed pursuant to Chapter 17 ( 23-232 et seq.) of Title 23,law-enforcement agents of the Armed Forces of the United States, the NavalCriminal Investigative Service, and federal agents who are otherwise authorizedto carry weapons by federal law. "Law-enforcement officer" shall alsomean any sworn full-time law-enforcement officer employed by a law-enforcementagency of the United States or any state or political subdivision thereof,whose duties are substantially similar to those set forth in 9.1-101.

"Personal knowledge" means knowledge of a fact thata person has himself gained through his own senses, or knowledge that was gainedby a law-enforcement officer or prosecutor through the performance of hisofficial duties.

N. As used in this article:

"Ballistic knife" means any knife with a detachableblade that is propelled by a spring-operated mechanism.

"Spring stick" means a spring-loaded metal stickactivated by pushing a button which rapidly and forcefully telescopes theweapon to several times its original length.

O. The granting of a concealed handgun permit shall notthereby authorize the possession of any handgun or other weapon on property orin places where such possession is otherwise prohibited by law or is prohibitedby the owner of private property.

P. A valid concealed handgun or concealed weapon permit orlicense issued by another state shall authorize the holder of such permit orlicense who is at least 21 years of age to carry a concealed handgun in theCommonwealth, provided (i) the issuing authority provides the means forinstantaneous verification of the validity of all such permits or licensesissued within that state, accessible 24 hours a day, and (ii) except for theage of the permit or license holder and the type of weapon authorized to becarried, the requirements and qualifications of that state's law are adequateto prevent possession of a permit or license by persons who would be denied apermit in the Commonwealth under this section. The Superintendent of StatePolice shall (a) in consultation with the Office of the Attorney Generaldetermine whether states meet the requirements and qualifications of thissection, (b) maintain a registry of such states on the Virginia CriminalInformation Network (VCIN), and (c) make the registry available tolaw-enforcement officers for investigative purposes. The Superintendent of theState Police, in consultation with the Attorney General, may also enter intoagreements for reciprocal recognition with any state qualifying for recognitionunder this subsection.

P1. Nonresidents of the Commonwealth 21 years of age or oldermay apply in writing to the Virginia Department of State Police for a five-yearpermit to carry a concealed handgun. Every applicant for a nonresidentconcealed handgun permit shall submit two photographs of a type and kindspecified by the Department of State Police for inclusion on the permit andshall submit fingerprints on a card provided by the Department of State Policefor the purpose of obtaining the applicant's state or national criminal historyrecord. As a condition for issuance of a concealed handgun permit, theapplicant shall submit to fingerprinting by his local or state law-enforcementagency and provide personal descriptive information to be forwarded with thefingerprints through the Central Criminal Records Exchange to the FederalBureau of Investigation for the purpose of obtaining criminal history recordinformation regarding the applicant and obtaining fingerprint identificationinformation from federal records pursuant to criminal investigations by stateand local law-enforcement agencies. The application shall be made under oathbefore a notary or other person qualified to take oaths on a form provided bythe Department of State Police, requiring only that information necessary todetermine eligibility for the permit. If the permittee is later found by theDepartment of State Police to be disqualified, the permit shall be revoked andthe person shall return the permit after being so notified by the Department ofState Police. The permit requirement and restriction provisions of subsectionsE and F shall apply, mutatis mutandis, to the provisions of this subsection.

The applicant shall demonstrate competence with a handgun byone of the following:

1. Completing a hunter education or hunter safety courseapproved by the Virginia Department of Game and Inland Fisheries or a similaragency of another state;

2. Completing any National Rifle Association firearms safetyor training course;

3. Completing any firearms safety or training course or classavailable to the general public offered by a law-enforcement agency, juniorcollege, college, or private or public institution or organization or firearmstraining school utilizing instructors certified by the National RifleAssociation or the Department of Criminal Justice Services or a similar agencyof another state;

4. Completing any law-enforcement firearms safety or trainingcourse 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 firearmthrough participation in organized shooting competition approved by theDepartment of State Police or current military service or proof of an honorabledischarge from any branch of the armed services;

6. Obtaining or previously having held a license to carry afirearm in the Commonwealth or a locality thereof, unless such license has beenrevoked for cause;

7. Completing any firearms training or safety course or classconducted by a state-certified or National Rifle Association-certified firearmsinstructor;

8. Completing any governmental police agency firearms trainingcourse and qualifying to carry a firearm in the course of normal police duties;or

9. Completing any other firearms training that the VirginiaDepartment of State Police deems adequate.

A photocopy of a certificate of completion of any such courseor class, an affidavit from the instructor, school, club, organization, orgroup that conducted or taught such course or class attesting to the completionof the course or class by the applicant, or a copy of any document which showscompletion of the course or class or evidences participation in firearmscompetition shall satisfy the requirement for demonstration of competence witha handgun.

The Department of State Police may charge a fee not to exceed$100 to cover the cost of the background check and issuance of the permit. Anyfees collected shall be deposited in a special account to be used to offset thecosts of administering the nonresident concealed handgun permit program. TheDepartment of State Police shall enter the permittee's name and description inthe Virginia Criminal Information Network so that the permit's existence andcurrent status are known to law-enforcement personnel accessing the Network forinvestigative purposes.

The permit to carry a concealed handgun shall contain only thefollowing information: name, address, date of birth, gender, height, weight,color of hair, color of eyes, and photograph of the permittee; the signature ofthe Superintendent of the Virginia Department of State Police or his designee;the date of issuance; and the expiration date. The person to whom the permit isissued shall have such permit on his person at all times when he is carrying aconcealed handgun in the Commonwealth and shall display the permit on demand bya law-enforcement officer.

The Superintendent of the State Police shall promulgateregulations, pursuant to the Administrative Process Act ( 2.2-4000 et seq.),for the implementation of an application process for obtaining a nonresidentconcealed handgun permit.

Q. A valid concealed handgun permit issued by the State ofMaryland shall be valid in the Commonwealth provided, (i) the holder of thepermit is licensed in the State of Maryland to perform duties substantiallysimilar to those performed by Virginia branch pilots licensed pursuant toChapter 9 ( 54.1-900 et seq.) of Title 54.1 and is performing such dutieswhile in the Commonwealth, and (ii) the holder of the permit is 21 years of ageor older.

R. For the purposes of participation in concealed handgunreciprocity agreements with other jurisdictions, the official government-issuedlaw-enforcement identification card issued to an active-duty law-enforcementofficer in the Commonwealth who is exempt from obtaining a concealed handgunpermit under this section shall be deemed a concealed handgun permit.

S. For the purposes of understanding the law relating to theuse of deadly and lethal force, the Department of State Police, in consultationwith the Supreme Court on the development of the application for a concealedhandgun permit under this section, shall include a reference to the VirginiaSupreme Court website address or the Virginia Reports on the application.

(Code 1950, 18.1-269; 1960, c. 358; 1964, c. 130; 1975, cc.14, 15, 594; 1976, c. 302; 1978, c. 715; 1979, c. 642; 1980, c. 238; 1981, c.376; 1982, cc. 71, 553; 1983, c. 529; 1984, cc. 360, 720; 1985, c. 427; 1986,cc. 57, 451, 625, 641; 1987, cc. 592, 707; 1988, cc. 359, 793; 1989, cc. 538,542; 1990, cc. 640, 648, 825; 1991, c. 637; 1992, cc. 510, 705; 1993, cc. 748,861; 1994, cc. 375, 697; 1995, c. 829; 1997, cc. 916, 921, 922; 1998, cc. 662,670, 846, 847; 1999, cc. 628, 666, 679; 2001, cc. 25, 384, 657; 2002, cc. 699,728, 826; 2004, cc. 355, 423, 462, 876, 885, 900, 901, 903, 905, 926, 995,1012; 2005, cc. 344, 420, 424, 441, 839; 2006, c. 886.)


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