CODE OF VIRGINIA
TITLE 18.2. CRIMES AND OFFENSES GENERALLY.
CHAPTER 7. CRIMES INVOLVING HEALTH AND SAFETY.
ARTICLE 7. OTHER ILLEGAL WEAPONS.
Copyright (c) 1982-1994 by
The Michie Company. Copyright (c) 1995 by The Michie
Company, a division of Reed
Elsevier Inc. and Reed Elsevier Properties Inc. All
rights reserved.
Current through End of 1995 Regular Session
s 18.2-308 Personal protection;
carrying concealed weapons; when lawful to
carry.
A. If any person carries
about his person, hidden from common observation,
(i) any pistol, revolver,
or other weapon designed or intended to propel a
missile of any kind, or (ii)
any dirk, bowie knife, switchblade knife,
ballistic knife, razor, slingshot,
spring stick, metal knucks, blackjack, or
(iii) any flailing instrument
consisting of two or more rigid parts connected
in such a manner as to allow
them to swing freely, which may be known as a nun
chahka, nun chuck, nunchaku,
shuriken, or fighting chain, or (iv) any disc, of
whatever configuration, having
at least two points or pointed blades which is
designed to be thrown or propelled
and which may be known as a throwing star or
oriental dart, or (v) any
weapon of like kind as those enumerated in this
subsection, he shall be guilty
of a Class 1 misdemeanor. A second violation of
this section or a conviction
under this section subsequent to any conviction
under any substantially similar
ordinance of any county, city, or town shall be
punishable as a Class 6 felony,
and a third or subsequent such violation shall
be punishable as a Class 5
felony. Any weapon used in the commission of a
violation of this section
shall be forfeited to the Commonwealth and may be
seized by an officer as forfeited,
and such as may be needed for police
officers, conservators of
the peace, and the Division of Forensic Science shall
be devoted to that purpose,
subject to any registration requirements of federal
law, and the remainder shall
be disposed of as provided in s 18.2-310. For the
purpose of this section, a
weapon shall be deemed to be hidden from common
observation when it is observable
but is of such deceptive appearance as to
disguise the weapon's true
nature.
B. This section shall
not apply to:
1. Any person while
in his own place of abode or the curtilage thereof;
2. Any police officers,
including Capitol Police officers, sergeants,
sheriffs, deputy sheriffs
or regular game wardens appointed pursuant to Chapter
2 (s 29.1-200 et seq.) of
Title 29.1;
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 weapons
are unloaded and securely
wrapped while being transported;
4. Any regularly enrolled
member of a weapons collecting organization who is
at, or going to or from, a
bona fide weapons exhibition, provided that the
weapons are unloaded and securely
wrapped while being transported;
5. Any person carrying
such weapons between his place of abode and a place of
purchase or repair, provided
the weapons are unloaded and securely wrapped
while being transported;
6. Campus police officers
appointed pursuant to Chapter 17 (s 23-232 et seq.)
of Title 23;
7. Any person actually
engaged in lawful hunting, as authorized by the Board
of Game and Inland Fisheries,
under inclement weather conditions necessitating
temporary protection of his
firearm from those conditions; and
8. Any State Police
officer retired from the Department of State Police
following at least fifteen
years of service, other than a person terminated for
cause, provided such officer
carries with him written proof of consultation
with and favorable review
of the need to carry a concealed weapon issued by the
Superintendent of State Police.
C. This section shall
also not apply to any of the following individuals
while in the discharge of
their official duties, or while in transit 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 following conservators of the
peace shall not be permitted
to carry a concealed weapon without obtaining a
permit as provided in subsection
D hereof: (a) notaries public; (b)
registrars; (c) drivers, operators
or other persons in charge of any motor
vehicle carrier of passengers
for hire; (d) commissioners in chancery;
5. Noncustodial employees
of the Department of Corrections designated to
carry weapons by the Director
of the Department of Corrections pursuant to s
53.1-29;
6. Law-enforcement
agents of the Armed Forces of the United States and
federal agents who are otherwise
authorized to carry weapons by federal law
while engaged in the performance
of their duties;
7. Law-enforcement
agents of the United States Naval Criminal Investigative
Service; and
8. Harbormaster of
the City of Hopewell.
D. Any person twenty-one
years of age or older may apply in writing to the
clerk of the circuit court
of the county or city in which he resides for a two-
year permit to carry a concealed
handgun. The application shall be made under
oath before a notary or other
person qualified to take oaths and shall be made
on a form prescribed by the
Supreme Court, requiring only that information
necessary to determine eligibility
for the permit. The court, after consulting
the law-enforcement authorities
of the county or city and receiving a report
from the Central Criminal
Records Exchange, shall issue the permit within
forty-five days of receipt
of the completed application unless it appears that
the applicant is disqualified,
except that any permit issued prior to July 1,
1996, shall be issued within
ninety days of receipt of the completed
application.
E. The following persons
shall be deemed disqualified from obtaining a
permit:
1. An individual who
is ineligible to possess a firearm pursuant to ss 18.2-
308.1:1, 18.2-308.1:2 or s
18.2-308.1:3 or the substantially similar law of any
other state or of the United
States.
2. An individual who
was ineligible to possess a firearm pursuant to s 18.2-
308.1:1 and who was discharged
from the custody of the Commissioner pursuant
to s 19.2-182.7 less than
five years before the date of his application for a
concealed handgun permit.
3. An individual who
was ineligible to possess a firearm pursuant to s 18.2-
308.1:2 and whose competency
or capacity was restored pursuant to s 37.1-134.1
less than five years before
the date of his application for a concealed handgun
permit.
4. An individual who
was ineligible to possess a firearm under s 18.2-308.1:3
and who was released from
commitment less than five years before the date of
this application for a concealed
handgun permit.
5. An individual who
is subject to a restraining order, or to a protective
order and prohibited by s
18.2-308.1:4 from purchasing or transporting a
firearm.
6. An individual who
is prohibited by s 18.2-308.2 from possessing or
transporting a firearm, except
that a permit may be obtained in accordance with
subsection C of that section.
7. An individual who
has been convicted of two or more misdemeanors within
the three-year period immediately
preceding the application, if one of the
misdemeanors was a Class 1
misdemeanor, but the judge shall have the discretion
to deny a permit for two or
more misdemeanors that are not Class 1. Traffic
infractions or reckless driving
shall not be considered for purposes of this
disqualification.
8. An individual who
is addicted to, or is an unlawful user or distributor
of, marijuana or any controlled
substance.
9. An individual who
has been convicted of a violation of s 18.2-266 or a
substantially similar local
ordinance or of public drunkenness within the
three-year period immediately
preceding the application, or who is a habitual
drunkard as determined pursuant
to s 4.1-333.
10. An alien other
than an alien lawfully admitted for permanent residence in
the United States.
11. An individual who
has been discharged from the Armed Forces of the United
States under dishonorable
conditions.
12. An individual who
is a fugitive from justice.
13. An individual who
it is alleged, in a sworn written statement submitted
to the court by the sheriff,
chief of police or the attorney for the
Commonwealth, that in the
opinion of such sheriff, chief of police or attorney
for the Commonwealth, is likely
to use a weapon unlawfully or negligently to
endanger others. The statement
of the sheriff, chief of police or
Commonwealth's attorney shall
be based upon personal knowledge or upon the
sworn written statement of
a competent person having personal knowledge.
14. An individual who
has been convicted of any assault, assault and battery,
sexual battery, discharging
of a firearm in violation of s 18.2-280 or s 18.2-
286.1 or brandishing of a
firearm in violation of s 18.2-282 within the three-
year period immediately preceding
the application.
15. An individual who
has been convicted of stalking.
16. An individual whose
previous convictions or adjudications of delinquency
were based on an offense which
would have been at the time of conviction a
felony if committed by an
adult under the laws of any state, the District of
Columbia, the United States
or its territories. For purposes of this
disqualifier, only convictions
occurring within sixteen years following the
later of the date of (i) the
conviction or adjudication or (ii) release from
any incarceration imposed
upon such conviction or adjudication shall be deemed
to be "previous convictions."
17. An individual who
has a felony charge pending or a charge pending for an
offense listed in subdivision
14 or 15.
18. An individual who
has received mental health treatment or substance abuse
treatment in a residential
setting within five years prior to the date of his
application for a concealed
handgun permit.
F. The making of a
materially false statement in an application under this
section shall constitute perjury,
punishable as provided in s 18.2-434.
G. The court may further
require proof that the applicant has demonstrated
competence with a handgun
and the applicant may demonstrate such competence by
one of the following:
1. Completing any hunter
education or hunter safety course approved by the
Department of Game and Inland
Fisheries or a similar agency of another state;
2. Completing any National
Rifle Association firearms safety or training
course;
3. Completing any firearms
safety or training course or class available to
the general public offered
by a law-enforcement agency, junior college,
college, or private or public
institution or organization or firearms training
school utilizing instructors
certified by the National Rifle Association or the
Department of Criminal Justice
Services;
4. Completing any law-enforcement
firearms safety or training course or class
offered for security guards,
investigators, special deputies, or any division
or subdivision of law enforcement
or security enforcement;
5. Presenting evidence
of equivalent experience with a firearm through
participation in organized
shooting competition or military service;
6. Obtaining or previously
having held a license to carry a firearm in this
Commonwealth or a locality
thereof, unless such license has been revoked for
cause;
7. Completing any firearms
training or safety course or class conducted by a
state-certified or National
Rifle Association-certified firearms instructor; or
8. 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 that
conducted or taught such course
or class attesting to the completion of the
course or class by the applicant;
or a copy of any document which shows
completion of the course or
class or evidences participation in firearms
competition shall constitute
evidence of qualification under this subsection.
H. The permit to carry
a concealed handgun shall specify the name, address,
date of birth, gender, social
security number, 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 the issuing
judge; the date of issuance; and the expiration
date. The person issued the
permit shall have such permit on his person at all
times during which he is carrying
a concealed handgun and must display the
permit and a photo-identification
issued by a government agency of the
Commonwealth or by the United
States Department of Defense or United States
State Department (passport)
upon demand by a law-enforcement officer.
I. Persons who previously
have held a concealed weapons permit shall be
issued, upon application,
a new two-year permit unless there is good cause
shown for refusing to reissue
a permit. If the circuit court denies the permit,
the specific reasons for the
denial shall be stated in the order of the court
denying the permit. Upon denial
of the application and request of the applicant
made within ten days, the
court shall place the matter on the docket for an ore
tenus hearing. The applicant
may be represented by counsel, but counsel shall
not be appointed. The final
order of the court shall include the court's
findings of fact and conclusions
of law.
J. Any person convicted
of an offense that would disqualify that person from
obtaining a permit under subsection
E or who violates subsection F shall
forfeit his permit for a concealed
handgun to the court. Any person permitted
to carry a concealed weapon
under this section, who is under the influence of
alcohol or illegal drugs while
carrying such weapon in a public place, shall be
guilty of a Class 1 misdemeanor.
J1. An individual who
has a felony charge pending or a charge pending for an
offense listed in subdivision
14 or 15, holding a permit for a concealed
handgun, may have such permit
suspended by such court before which such charge
is pending.
J2. No person shall
carry a concealed handgun into any place of business or
special event for which a
license to sell or serve alcoholic beverages on
premises has been granted
by the Virginia Alcoholic Beverage Control Board
under Title 4.1 of the Code
of Virginia; provided nothing herein shall prohibit
any owner or event sponsor
or his employees from carrying a concealed handgun
while on duty at such place
of business or at such special event if such person
has a concealed handgun permit.
K. No fee shall be
charged for the issuance of such permit to a person who
has retired from service as
a magistrate in the Commonwealth or as a law-
enforcement officer with the
Department of State Police, or with a sheriff or
police department, bureau
or force of any political subdivision of the
Commonwealth of Virginia,
after completing twenty years' service or after
reaching age fifty-five nor
to any person who has retired after completing
twenty years' service or after
reaching age fifty-five from service as a law-
enforcement officer with the
United States Federal Bureau of Investigation,
Bureau of Alcohol, Tobacco
and Firearms, Secret Service Agency, Drug
Enforcement Administration
or Naval Criminal Investigative Service. The clerk
shall charge a fee of ten
dollars for the processing of an application or
issuing of a permit, including
his costs associated with the consultation with
law-enforcement agencies.
The local law-enforcement agencies may charge a fee
not to exceed thirty-five
dollars to cover the cost of conducting an
investigation pursuant to
this section. The State Police may charge a fee not
to exceed five dollars to
cover their costs associated with processing the
application. The order issuing
such permit shall be provided to the State
Police and the law-enforcement
agencies of the county or city. The State Police
shall enter the permittee's
name and description in the Virginia Criminal
Information Network so that
the permit's existence will be made known to law-
enforcement personnel accessing
the Network for investigative purposes.
L. Any person denied
a permit to carry a concealed weapon under the
provisions of this section
may, within thirty days of the final decision,
present a petition for review
to the Court of Appeals or any judge thereof. The
petition shall be accompanied
by a copy of the original papers filed in the
circuit court, including a
copy of the order of the circuit court denying the
permit. Subject to the provisions
of s 17-116.07 B, the decision of the Court
of Appeals or judge shall
be final. Notwithstanding any other provision of law,
if the decision to deny the
permit is reversed upon appeal, taxable costs
incurred by the person shall
be paid by the Commonwealth.
M. For purposes of
this section:
"Handgun" means any
pistol or revolver or other firearm, except a machine
gun, originally designed,
made and intended to fire a projectile by means of an
explosion from one or more
barrels when held in one hand.
"Lawfully admitted
for permanent residence" means the status of having been
lawfully accorded the privilege
of residing permanently in the United States as
an immigrant in accordance
with the immigration laws, such status not having
changed.
N. As used in this
article:
"Spring stick" means
a spring-loaded metal stick activated by pushing a
button which rapidly and forcefully
telescopes the weapon to several times its
original length.
"Ballistic knife" means
any knife with a detachable blade that is propelled
by a spring-operated mechanism.
O. The granting of
a concealed handgun permit shall not thereby authorize the
possession of any hundgun
or other weapon on property or in places where such
possession is otherwise prohibited
by law or is prohibited by the owner of
private property.
P. The provisions of
this statute or the application thereof to any person or
circumstances which are held
invalid shall not affect the validity of other
provisions or applications
of this statute which can be given effect without
the invalid provisions or
applications. This section is to reiterate s 1-17.1
and is not meant to add or
delete from that provision.
(Code 1950, s 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.)