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

§ 18.2-308. Personal protection; carrying concealed weapons; when lawful tocarry.

A. If any person carries about his person, hidden from common observation,(i) any pistol, revolver, or other weapon designed or intended to propel amissile of any kind by action of an explosion of any combustible material;(ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete,razor, slingshot, spring stick, metal knucks, or blackjack; (iii) 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 ororiental dart; or (v) any weapon of like kind as those enumerated in thissubsection, he shall be guilty of a Class 1 misdemeanor. A second violationof this section or a conviction under this section subsequent to anyconviction under any substantially similar ordinance of any county, city, ortown shall be punishable as a Class 6 felony, and a third or subsequent suchviolation shall be punishable as a Class 5 felony. For the purpose of thissection, a weapon shall be deemed to be hidden from common observation whenit is observable but is of such deceptive appearance as to disguise theweapon's true nature.

B. This section shall not apply to any person while in his own place of abodeor the curtilage thereof.

Except as provided in subsection J1, this section shall not apply to:

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

2. Any law-enforcement officer, wherever such law-enforcement officer maytravel in the Commonwealth;

3. Any regularly enrolled member of a target shooting organization who is at,or going to or from, an established shooting range, provided that the weaponsare unloaded and securely wrapped while being transported;

4. Any regularly enrolled member of a weapons collecting organization who isat, or going to or from, a bona fide weapons exhibition, provided that theweapons are unloaded and securely wrapped while being transported;

5. Any person carrying such weapons between his place of abode and a place ofpurchase or repair, provided the weapons are unloaded and securely wrappedwhile being transported;

6. Any person actually engaged in lawful hunting, as authorized by the Boardof Game and Inland Fisheries, under inclement weather conditionsnecessitating temporary protection of his firearm from those conditions,provided that possession of a handgun while engaged in lawful hunting shallnot be construed as hunting with a handgun if the person hunting is carryinga valid concealed handgun permit;

7. Any State Police officer retired from the Department of State Police, anyofficer retired from the Division of Capitol Police, any locallaw-enforcement officer, auxiliary police officer or animal control officerretired from a police department or sheriff's office within the Commonwealth,any special agent retired from the State Corporation Commission or theAlcoholic Beverage Control Board, any conservation police officer retiredfrom the Department of Game and Inland Fisheries, and any Virginia MarinePolice officer retired from the Law Enforcement Division of the VirginiaMarine Resources Commission, other than an officer or agent terminated forcause, (i) with a service-related disability; (ii) following at least 15years of service with any such law-enforcement agency, board or anycombination thereof; (iii) who has reached 55 years of age; or (iv) who is onlong-term leave from such law-enforcement agency or board due to aservice-related injury, provided such officer carries with him written proofof consultation with and favorable review of the need to carry a concealedhandgun issued by the chief law-enforcement officer of the last such agencyfrom which the officer retired or the agency that employs the officer or, inthe case of special agents, issued by the State Corporation Commission or theAlcoholic Beverage Control Board. A copy of the proof of consultation andfavorable review shall be forwarded by the chief or the Board to theDepartment of State Police for entry into the Virginia Criminal InformationNetwork. The chief law-enforcement officer shall not without cause withholdsuch written proof if the retired law-enforcement officer otherwise meets therequirements of this section. An officer set forth in clause (iv) of thissubdivision who receives written proof of consultation to carry a concealedhandgun shall surrender such proof of consultation upon return to work orupon termination of employment with the law-enforcement agency. Notice of thesurrender shall be forwarded to the Department of State Police for entry intothe Virginia Criminal Information Network. However, if such officer retireson disability because of the service-related injury, and would be eligibleunder clause (i) of this subdivision for written proof of consultation tocarry a concealed handgun, he may retain the previously issued written proofof consultation. A retired law-enforcement officer who receives proof ofconsultation and favorable review pursuant to this subdivision is authorizedto carry a concealed handgun in the same manner as a law-enforcement officerauthorized to carry a concealed handgun pursuant to subdivision 2 of thissubsection.

7a. Any person who is eligible for retirement with at least 20 years ofservice with a law-enforcement agency or board mentioned in subdivision 7 whohas resigned in good standing from such law-enforcement agency or board toaccept a position covered by a retirement system that is authorized underTitle 51.1, provided such person carries with him written proof ofconsultation with and favorable review of the need to carry a concealedhandgun issued by the chief law-enforcement officer of the agency from whichhe resigned or, in the case of special agents, issued by the StateCorporation Commission or the Alcoholic Beverage Control Board. A copy of theproof of consultation and favorable review shall be forwarded by the chief,Board or Commission to the Department of State Police for entry into theVirginia Criminal Information Network. The chief law-enforcement officershall not without cause withhold such written proof if the law-enforcementofficer otherwise meets the requirements of this section.

For purposes of applying the reciprocity provisions of subsection P, anyperson granted the privilege to carry a concealed handgun pursuant tosubdivision 7 or this subdivision, while carrying the proof of consultationand favorable review required, shall be deemed to have been issued aconcealed handgun permit.

For purposes of complying with the federal Law Enforcement Officers SafetyAct of 2004, a retired or resigned law-enforcement officer who receives proofof consultation and review pursuant to subdivision 7 or this subdivisionshall have the opportunity to annually participate, at the retired orresigned law-enforcement officer's expense, in the same training and testingto carry firearms as is required of active law-enforcement officers in theCommonwealth. If such retired or resigned law-enforcement officer meets thetraining and qualification standards, the chief law-enforcement officer shallissue the retired or resigned officer certification, valid one year from thedate of issuance, indicating that the retired or resigned officer has met thestandards of the agency to carry a firearm;

8. Any State Police officer who is a member of the organized reserve forcesof any of the armed services of the United States, national guard, or navalmilitia, while such officer is called to active military duty, provided suchofficer carries with him written proof of consultation with and favorablereview of the need to carry a concealed handgun issued by the Superintendentof State Police. The proof of consultation and favorable review shall bevalid as long as the officer is on active military duty and shall expire whenthe officer returns to active law-enforcement duty. The issuance of the proofof consultation and favorable review shall be entered into the VirginiaCriminal Information Network. The Superintendent of State Police shall notwithout cause withhold such written proof if the officer is in good standingand is qualified to carry a weapon while on active law-enforcement duty.

For purposes of applying the reciprocity provisions of subsection P, anyperson granted the privilege to carry a concealed handgun pursuant to thissubdivision, while carrying the proof of consultation and favorable reviewrequired, shall be deemed to have been issued a concealed handgun permit;

9. Any attorney for the Commonwealth or assistant attorney for theCommonwealth, wherever such attorney may travel in the Commonwealth; and

10. Any person who may lawfully possess a firearm and is carrying a handgunwhile in a personal, private motor vehicle or vessel and such handgun issecured in a container or compartment in the vehicle or vessel.

C. This section shall also not apply to any of the following individualswhile in the discharge of their official duties, or while in transit to orfrom such duties:

1. Carriers of the United States mail;

2. Officers or guards of any state correctional institution;

3. [Repealed.]

4. Conservators of the peace, except that an attorney for the Commonwealth orassistant attorney for the Commonwealth may carry a concealed handgunpursuant to subdivision B 9. However, the following conservators of the peaceshall not be permitted to carry a concealed handgun without obtaining apermit as provided in subsection D hereof: (a) notaries public; (b)registrars; (c) drivers, operators or other persons in charge of any motorvehicle carrier of passengers for hire; or (d) commissioners in chancery;

5. Noncustodial employees of the Department of Corrections designated tocarry weapons by the Director of the Department of Corrections pursuant to §53.1-29; and

6. Harbormaster of the City of Hopewell.

D. Any person 21 years of age or older may apply in writing to the clerk ofthe circuit court of the county or city in which he resides, or if he is amember of the United States Armed Forces, the county or city in which he isdomiciled, for a five-year permit to carry a concealed handgun. There shallbe no requirement regarding the length of time an applicant has been aresident or domiciliary of the county or city. The application shall be madeunder oath before a notary or other person qualified to take oaths and shallbe made only on a form prescribed by the Department of State Police, inconsultation with the Supreme Court, requiring only that informationnecessary to determine eligibility for the permit. The clerk shall enter onthe application the date on which the application and all other informationrequired to be submitted by the applicant is received. The court shallconsult with either the sheriff or police department of the county or cityand 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 tobe forwarded with the fingerprints through the Central Criminal RecordsExchange to the Federal Bureau of Investigation for the purpose of obtainingcriminal history record information regarding the applicant, and obtainingfingerprint identification information from federal records pursuant tocriminal investigations by state and local law-enforcement agencies. However,no local ordinance shall require an applicant to submit to fingerprinting ifthe applicant has an existing concealed handgun permit issued pursuant tothis section and is applying for a new five-year permit pursuant tosubsection I. Where feasible and practical, the local law-enforcement agencymay transfer 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 localagency or, in the case of scanned fingerprints, destroy the electronicrecord. The local agency shall then promptly notify the person that he has 21days from the date of the notice to request return of the fingerprint cards,if any. All fingerprint cards not claimed by the applicant within 21 days ofnotification by the local agency shall be destroyed. All optically scannedfingerprints shall be destroyed upon completion of the criminal historyrecords check without requiring that the applicant be notified. Fingerprintstaken for the purposes described in this section shall not be copied, held orused for any other purposes. The court shall issue the permit and notify theState Police of the issuance of the permit within 45 days of receipt of thecompleted application unless it is determined that the applicant isdisqualified. A court may authorize the clerk to issue concealed handgunpermits, without judicial review, to applicants who have submitted completeapplications, for whom the criminal history records check does not indicate adisqualification and, after consulting with either the sheriff or policedepartment of the county or city, about which there are no outstandingquestions or issues concerning the application. The court clerk shall beimmune from suit arising from any acts or omissions relating to the issuanceof concealed handgun permits without judicial review pursuant to this sectionunless the clerk was grossly negligent or engaged in willful misconduct. Thissubsection shall not be construed to limit, withdraw, or overturn any defenseor immunity already existing in statutory or common law, or to affect anycause of action accruing prior to July 1, 2010. Upon denial of theapplication, the clerk shall provide the person with notice, in writing, ofhis right to an ore tenus hearing. Upon request of the applicant made within21 days, the court shall place the matter on the docket for an ore tenushearing. The applicant may be represented by counsel, but counsel shall notbe appointed, and the rules of evidence shall apply. The final order of thecourt shall include the court's findings of fact and conclusions of law. 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 perfectingan appeal of such order pursuant to subsection L. Only a circuit court judgemay deny issuance of a permit. An application is deemed complete when allinformation required to be furnished by the applicant is delivered to andreceived by the clerk of court before or concomitant with the conduct of astate or national criminal history records check. If the court has not issuedthe permit or determined that the applicant is disqualified within 45 days ofthe date of receipt noted on the application, the clerk shall certify on theapplication that the 45-day period has expired, and send a copy of thecertified application to the applicant. The certified application shall serveas a de facto permit, which shall expire 90 days after issuance, and shall berecognized as a valid concealed handgun permit when presented with a validgovernment-issued photo identification pursuant to subsection H, until thecourt issues a five-year permit or finds the applicant to be disqualified. Ifthe applicant is found to be disqualified after the de facto permit isissued, the applicant shall surrender the de facto permit to the court andthe disqualification shall be deemed a denial of the permit and a revocationof the de 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.

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

1. An individual who is ineligible to possess a firearm pursuant to §18.2-308.1:1, 18.2-308.1:2 or 18.2-308.1:3 or the substantially similar lawof 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 Commissionerpursuant to § 19.2-182.7 less than five years before the date of hisapplication for a concealed handgun permit.

3. An individual who was ineligible to possess a firearm pursuant to §18.2-308.1:2 and whose competency or capacity was restored pursuant to §37.2-1012 less than five years before the date of his application for aconcealed handgun permit.

4. An individual who was ineligible to possess a firearm under § 18.2-308.1:3and who was released from commitment less than five years before the date ofthis application for a concealed handgun permit.

5. An individual who is subject to a restraining order, or to a protectiveorder and prohibited by § 18.2-308.1:4 from purchasing or transporting afirearm.

6. An individual who is prohibited by § 18.2-308.2 from possessing ortransporting a firearm, except that a permit may be obtained in accordancewith subsection C of that section.

7. An individual who has been convicted of two or more misdemeanors withinthe five-year period immediately preceding the application, if one of themisdemeanors was a Class 1 misdemeanor, but the judge shall have thediscretion 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 or distributorof, marijuana or any controlled substance.

9. An individual who has been convicted of a violation of § 18.2-266 or asubstantially similar local ordinance, or of public drunkenness, or of asubstantially similar offense under the laws of any other state, the Districtof Columbia, the United States, or its territories within the three-yearperiod immediately preceding the application, or who is a habitual drunkardas determined pursuant to § 4.1-333.

10. An alien other than an alien lawfully admitted for permanent residence inthe United States.

11. An individual who has been discharged from the Armed Forces of the UnitedStates under dishonorable conditions.

12. An individual who is a fugitive from justice.

13. An individual who the court finds, by a preponderance of the evidence,based on specific acts by the applicant, is likely to use a weapon unlawfullyor negligently to endanger others. The sheriff, chief of police, or attorneyfor the Commonwealth may submit to the court a sworn written statementindicating that, in the opinion of such sheriff, chief of police, or attorneyfor the Commonwealth, based upon a disqualifying conviction or upon thespecific acts set forth in the statement, the applicant is likely to use aweapon unlawfully or negligently to endanger others. The statement of thesheriff, chief of police, or the attorney for the Commonwealth shall be basedupon 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 acompetent 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 or18.2-286.1 or brandishing of a firearm in violation of § 18.2-282 within thethree-year period immediately preceding the application.

15. An individual who has been convicted of stalking.

16. An individual whose previous convictions or adjudications of delinquencywere based on an offense which would have been at the time of conviction afelony if committed by an adult under the laws of any state, the District ofColumbia, the United States or its territories. For purposes of thisdisqualifier, only convictions occurring within 16 years following the laterof the date of (i) the conviction or adjudication or (ii) release from anyincarceration imposed upon such conviction or adjudication shall be deemed tobe "previous convictions."

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

18. An individual who has received mental health treatment or substance abusetreatment in a residential setting within five years prior to the date of hisapplication for a concealed handgun permit.

19. An individual not otherwise ineligible pursuant to this section, who,within the three-year period immediately preceding the application for thepermit, was found guilty of any criminal offense set forth in Article 1 (§18.2-247 et seq.) of Chapter 7 of this title or of a criminal offense ofillegal possession or distribution of marijuana or any controlled substance,under the laws of any state, the District of Columbia, or the United Statesor its territories.

20. An individual, not otherwise ineligible pursuant to this section, withrespect to whom, within the three-year period immediately preceding theapplication, upon a charge of any criminal offense set forth in Article 1 (§18.2-247 et seq.) of Chapter 7 of this title or upon a charge of illegalpossession or distribution of marijuana or any controlled substance under thelaws of any state, the District of Columbia, or the United States or itsterritories, the trial court found that the facts of the case were sufficientfor a finding of guilt and disposed of the case pursuant to § 18.2-251 or thesubstantially similar law of any other state, the District of Columbia, orthe United States or its territories.

F. The making of a materially false statement in an application under thissection shall constitute perjury, punishable as provided in § 18.2-434.

G. The court shall require proof that the applicant has demonstratedcompetence with a handgun and the applicant may demonstrate such competenceby one of the following, but no applicant shall be required to submit to anyadditional demonstration of competence, nor shall any proof of demonstratedcompetence expire:

1. Completing any hunter education or hunter safety course approved by theDepartment of Game and Inland Fisheries or a similar agency of another state;

2. Completing any National Rifle Association firearms safety or trainingcourse;

3. Completing any firearms safety or training course or class available tothe general public offered by a law-enforcement agency, junior college,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 training course or classoffered for security guards, investigators, special deputies, or any divisionor subdivision of law enforcement or security enforcement;

5. Presenting evidence of equivalent experience with a firearm throughparticipation 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 a firearm in theCommonwealth or a locality thereof, unless such license has been revoked forcause;

7. Completing any firearms training or safety course or class, including anelectronic, video, or on-line course, conducted by a state-certified orNational Rifle Association-certified firearms instructor;

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

9. Completing any other firearms training which the court deems adequate.

A photocopy of a certificate of completion of any of the courses or classes;an affidavit from the instructor, school, club, organization, or group thatconducted or taught such course or class attesting to the completion of thecourse or class by the applicant; or a copy of any document which showscompletion of the course or class or evidences participation in firearmscompetition shall constitute evidence of qualification under this subsection.

H. The permit 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 thejudge issuing the permit, of the clerk of court who has been authorized tosign such permits by the issuing judge, or of the clerk of court who has beenauthorized to issue such permits pursuant to subsection D; the date ofissuance; and the expiration date. The permit to carry a concealed handgunshall be no larger than two inches wide by three and one-fourth inches longand shall be of a uniform style prescribed by the Department of State Police.The person issued the permit shall have such permit on his person at alltimes 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 National Guard, ArmedForces of the United States, or the Armed Forces reserves of the UnitedStates, and his five-year permit expires during an active-duty militarydeployment outside of the permittee's county or city of residence, suchpermit shall remain valid for 90 days after the end date of the deployment.In order to establish proof of continued validity of the permit, such apermittee shall carry with him and display, upon request of a law-enforcementofficer, a copy of the permittee's deployment orders or other documentationfrom the permittee's commanding officer that order the permittee to traveloutside of his county or city of residence and that indicate the start andend date of such deployment.

I. Persons who previously have held a concealed handgun permit shall beissued, upon application as provided in subsection D, and upon receipt by thecircuit court of criminal history record information as provided insubsection D, a new five-year permit unless it is found that the applicant issubject to any of the disqualifications set forth in subsection E. Personswho previously have been issued a concealed handgun permit pursuant tosubsection D shall not be required to appear in person to apply for a newfive-year permit pursuant to this subsection, and the application for the newpermit may be submitted via the United States mail. The circuit court thatreceives the application shall promptly notify an applicant if theapplication is incomplete or if the fee submitted for the permit pursuant tosubsection K is incorrect. If the new five-year permit is issued while anexisting permit remains valid, the new five-year permit shall becomeeffective upon the expiration date of the existing permit, provided that theapplication is received by the court at least 90 days but no more than 180days prior to the expiration of the existing permit. If the circuit courtdenies the permit, the specific reasons for the denial shall be stated in theorder of the court denying the permit. Upon denial of the application, theclerk shall provide the person with notice, in writing, of his right to anore tenus hearing. Upon request of the applicant made within 21 days, thecourt shall place the matter on the docket for an ore tenus hearing. Theapplicant may be represented by counsel, but counsel shall not be appointed,and the rules of evidence shall apply. The final order of the court shallinclude the court's findings of fact and conclusions of law.

J. Any person convicted of an offense that would disqualify that person fromobtaining a permit under subsection E or who violates subsection F shallforfeit his permit for a concealed handgun and surrender it to the court.Upon receipt by the Central Criminal Records Exchange of a record of thearrest, conviction or occurrence of any other event that would disqualify aperson from obtaining a concealed handgun permit under subsection E, theCentral Criminal Records Exchange shall notify the court having issued thepermit of such disqualifying arrest, conviction or other event. Upon receiptof such notice of a conviction, the court shall revoke the permit of a persondisqualified pursuant to this subsection, and shall promptly notify the StatePolice and the person whose permit was revoked of the revocation.

J1. Any person permitted to carry a concealed handgun, who is under theinfluence of alcohol or illegal drugs while carrying such handgun in a publicplace, shall be guilty of a Class 1 misdemeanor. Conviction of any of thefollowing 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, publicintoxication in violation of § 18.2-388, or driving while intoxicated inviolation of § 46.2-341.24. Upon such conviction that court shall revoke theperson's permit for a concealed handgun and promptly notify the issuingcircuit court. A person convicted of a violation of this subsection shall beineligible to apply for a concealed handgun permit for a period of five years.

J2. An individual who has a felony charge pending or a charge pending for anoffense listed in subdivision E 14 or E 15, holding a permit for a concealedhandgun, may have the permit suspended by the court before which such chargeis pending or by the court that issued the permit.

J3. No person who carries a concealed handgun onto the premises of anyrestaurant or club as defined in § 4.1-100 for which a license to sell andserve alcoholic beverages for on-premises consumption has been granted by theVirginia Alcoholic Beverage Control Board under Title 4.1 of the Code ofVirginia may consume an alcoholic beverage while on the premises. A personwho carries a concealed handgun onto the premises of such a restaurant orclub and consumes alcoholic beverages is guilty of a Class 2 misdemeanor.However, nothing in this subsection shall apply to a federal, state, or locallaw-enforcement officer.

J4. The court shall revoke the permit of any individual for whom it would beunlawful to purchase, possess or transport a firearm under § 18.2-308.1:2 or18.2-308.1:3, and shall promptly notify the State Police and the person whosepermit was revoked of the revocation.

K. No fee shall be charged for the issuance of such permit to a person whohas retired from service (i) as a magistrate in the Commonwealth; (ii) as aspecial agent with the Alcoholic Beverage Control Board or as alaw-enforcement officer with the Department of State Police, the Departmentof Game and Inland Fisheries, or a sheriff or police department, bureau orforce of any political subdivision of the Commonwealth, after completing 15years of service or after reaching age 55; (iii) as a law-enforcement officerwith the United States Federal Bureau of Investigation, Bureau of Alcohol,Tobacco and Firearms, Secret Service Agency, Drug Enforcement Administration,United States Citizenship and Immigration Services, Customs Service,Department of State Diplomatic Security Service, U.S. Marshals Service orNaval Criminal Investigative Service, after completing 15 years of service orafter reaching age 55; (iv) as a law-enforcement officer with any police orsheriff's department within the United States, the District of Columbia orany of the territories of the United States, after completing 15 years ofservice; (v) as a law-enforcement officer with any combination of theagencies listed in clauses (ii) through (iv), after completing 15 years ofservice; or (vi) as a designated boarding team member or boarding officer ofthe United States Coast Guard, after completing 15 years of service or afterreaching age 55. The clerk shall charge a fee of $10 for the processing of anapplication or issuing of a permit, including his costs associated with theconsultation with law-enforcement agencies. The local law-enforcement agencyconducting the background investigation may charge a fee not to exceed $35 tocover the cost of conducting an investigation pursuant to this section. The$35 fee shall include any amount assessed by the Federal Bureau ofInvestigation for providing criminal history record information, and thelocal law-enforcement agency shall forward the amount assessed by the FederalBureau of Investigation to the State Police with the fingerprints taken fromthe applicant. The State Police may charge a fee not to exceed $5 to covertheir costs associated with processing the application. The total amountassessed for processing an application for a permit shall not exceed $50,with such fees to be paid in one sum to the person who accepts theapplication. Payment may be made by any method accepted by that court forpayment of other fees or penalties. No payment shall be required until theapplication is accepted by the court as a complete application. The orderissuing such permit, or the copy of the permit application certified by theclerk as a de facto permit pursuant to subsection D, shall be provided to theState Police and the law-enforcement agencies of the county or city. TheState Police shall enter the permittee's name and description in the VirginiaCriminal Information Network so that the permit's existence and currentstatus will be made known to law-enforcement personnel accessing the Networkfor investigative purposes. The State Police shall withhold from publicdisclosure permittee information submitted to the State Police for purposesof entry into the Virginia Criminal Information Network, except that suchinformation shall not be withheld from any law-enforcement agency, officer,or authorized agent thereof acting in the performance of officiallaw-enforcement duties, nor shall such information be withheld from an entitythat has a valid contract with any local, state, or federal law-enforcementagency for the purpose of performing official duties of the law-enforcementagency. However, nothing in this subsection shall be construed to prohibitthe release of (a) records by the State Police concerning permits issued tononresidents of the Commonwealth pursuant to subsection P1, or (b)statistical summaries, abstracts, or other records containing information inan aggregate form that does not identify any individual permittees.

K1. The clerk of a circuit court that issued a valid concealed handgun permitshall, upon presentation of the valid permit and proof of a new address ofresidence by the permit holder, issue a replacement permit specifying thepermit holder's new address. The clerk of court shall forward the permitholder's new address of residence to the State Police. The State Police maycharge a fee not to exceed $5, and the clerk of court issuing the replacementpermit may charge a fee not to exceed $5. The total amount assessed forprocessing a replacement permit pursuant to this subsection shall not exceed$10, with such fees to be paid in one sum to the person who accepts theinformation for the replacement permit.

L. Any person denied a permit to carry a concealed handgun under theprovisions of this section may present a petition for review to the Court ofAppeals. 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 other firearm, except a machinegun, originally designed, made and intended to fire a projectile by means ofan explosion of a combustible material from one or more barrels when held inone hand.

"Law-enforcement officer" means those individuals defined as alaw-enforcement officer in § 9.1-101, campus police officers appointedpursuant to Chapter 17 (§ 23-232 et seq.) of Title 23, law-enforcement agentsof the Armed Forces of the United States, the Naval Criminal InvestigativeService, and federal agents who are otherwise authorized to carry weapons byfederal law. "Law-enforcement officer" shall also mean any sworn full-timelaw-enforcement officer employed by a law-enforcement agency of the UnitedStates or any state or political subdivision thereof, whose duties aresubstantially similar to those set forth in § 9.1-101.

"Lawfully admitted for permanent residence" means the status of havingbeen lawfully accorded the privilege of residing permanently in the UnitedStates as an immigrant in accordance with the immigration laws, such statusnot having changed.

"Personal knowledge" means knowledge of a fact that a person has himselfgained through his own senses, or knowledge that was gained by alaw-enforcement officer or prosecutor through the performance of his officialduties.

N. As used in this article:

"Ballistic knife" means any knife with a detachable blade that ispropelled by a spring-operated mechanism.

"Spring stick" means a spring-loaded metal stick activated by pushing abutton which rapidly and forcefully telescopes the weapon to several timesits original length.

O. The granting of a concealed handgun permit shall not thereby authorize thepossession of any handgun or other weapon on property or in places where suchpossession is otherwise prohibited by law or is prohibited by the owner ofprivate property.

P. A valid concealed handgun or concealed weapon permit or license issued byanother state shall authorize the holder of such permit or license who is atleast 21 years of age to carry a concealed handgun in the Commonwealth,provided (i) the issuing authority provides the means for instantaneousverification of the validity of all such permits or licenses issued withinthat state, accessible 24 hours a day, and (ii) except for the age of thepermit or license holder and the type of weapon authorized to be carried, therequirements and qualifications of that state's law are adequate to preventpossession of a permit or license by persons who would be denied a permit inthe Commonwealth under this section. The Superintendent of State Police shall(a) in consultation with the Office of the Attorney General determine whetherstates meet the requirements and qualifications of this section, (b) maintaina registry of such states on the Virginia Criminal Information Network(VCIN), and (c) make the registry available to law-enforcement officers forinvestigative purposes. The Superintendent of the State Police, inconsultation with the Attorney General, may also enter into agreements forreciprocal recognition with any state qualifying for recognition under thissubsection.

P1. Nonresidents of the Commonwealth 21 years of age or older may apply inwriting to the Virginia Department of State Police for a five-year permit tocarry a concealed handgun. Every applicant for a nonresident concealedhandgun permit shall submit two photographs of a type and kind specified bythe Department of State Police for inclusion on the permit and shall submitfingerprints on a card provided by the Department of State Police for thepurpose 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 statelaw-enforcement agency 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. The applicationshall be made under oath before a notary or other person qualified to takeoaths on a form provided by the Department of State Police, requiring onlythat information necessary to determine eligibility for the permit. If thepermittee is later found by the Department of State Police to bedisqualified, the permit shall be revoked and the person shall return thepermit after being so notified by the Department of State Police. The permitrequirement and restriction provisions of subsections E and F shall apply,mutatis mutandis, to the provisions of this subsection.

The applicant shall demonstrate competence with a handgun by one of thefollowing:

1. Completing a hunter education or hunter safety course approved by theVirginia Department of Game and Inland Fisheries or a similar agency ofanother state;

2. Completing any National Rifle Association firearms safety or trainingcourse;

3. Completing any firearms safety or training course or class available tothe general public offered by a law-enforcement agency, junior college,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 similaragency of another state;

4. Completing any law-enforcement firearms safety or training course or classoffered for security guards, investigators, special deputies, or any divisionor subdivision of law enforcement or security enforcement;

5. Presenting evidence of equivalent experience with a firearm throughparticipation in organized shooting competition approved by the Department ofState Police or current military service or proof of an honorable dischargefrom any branch of the armed services;

6. Obtaining or previously having held a license to carry a firearm in theCommonwealth or a locality thereof, unless such license has been revoked forcause;

7. Completing any firearms training or safety course or class, including anelectronic, video, or on-line course, conducted by a state-certified orNational Rifle Association-certified firearms instructor;

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

9. Completing any other firearms training that the Virginia Department ofState Police deems adequate.

A photocopy of a certificate of completion of any such course or class, anaffidavit from the instructor, school, club, organization, or group thatconducted or taught such course or class attesting to the completion of thecourse 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 competencewith a handgun.

The Department of State Police may charge a fee not to exceed $100 to coverthe cost of the background check and issuance of the permit. Any feescollected 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 descriptionin the Virginia Criminal Information Network so that the permit's existenceand current status are known to law-enforcement personnel accessing theNetwork for investigative purposes.

The permit to carry a concealed handgun shall contain only the followinginformation: name, address, date of birth, gender, height, weight, color ofhair, color of eyes, and photograph of the permittee; the signature of theSuperintendent of the Virginia Department of State Police or his designee;the date of issuance; and the expiration date. The person to whom the permitis issued shall have such permit on his person at all times when he iscarrying a concealed handgun in the Commonwealth and shall display the permiton demand by a law-enforcement officer.

The Superintendent of the State Police shall promulgate regulations, pursuantto the Administrative Process Act (§ 2.2-4000 et seq.), for theimplementation of an application process for obtaining a nonresidentconcealed handgun permit.

Q. A valid concealed handgun permit issued by the State of Maryland shall bevalid in the Commonwealth provided, (i) the holder of the permit is licensedin the State of Maryland to perform duties substantially similar to thoseperformed by Virginia branch pilots licensed pursuant to Chapter 9 (§54.1-900 et seq.) of Title 54.1 and is performing such duties while in theCommonwealth, and (ii) the holder of the permit is 21 years of age or older.

R. For the purposes of participation in concealed handgun reciprocityagreements 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 the use of deadlyand lethal force, the Department of State Police, in consultation with theSupreme Court on the development of the application for a concealed handgunpermit under this section, shall include a reference to the Virginia SupremeCourt 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; 2007, cc.87, 272, 408, 455; 2008, cc. 69, 75, 80, 309, 464, 742; 2009, cc. 235, 779,780; 2010, cc. 387, 433, 576, 586, 602, 677, 700, 709, 740, 741, 754, 841,863.)