Bill Text: VA SB350 | 2019 | Regular Session | Prefiled
Bill Title: Concealed handgun permit; extends expiration date.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-11-30 - Left in Finance [SB350 Detail]
Download: Virginia-2019-SB350-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§18.2-308.02, 18.2-308.04, 18.2-308.05, 18.2-308.06, and 18.2-308.010 of the Code of Virginia are amended and reenacted as follows:
§18.2-308.02. Application for a concealed handgun permit; Virginia resident or domiciliary.
A. Any person 21 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, or if
he is a member of the United States Armed Forces, the county or city in which
he is domiciled, for a five-year 15-year
permit to carry a concealed handgun. There shall be no requirement regarding
the length of time an applicant has been a resident or domiciliary of the
county or city. The application shall be on a form prescribed by the Department
of State Police, in consultation with the Supreme Court, requiring only that
information necessary to determine eligibility for the permit. Additionally,
the application shall request but not require that the applicant provide an
email or other electronic address where a notice of permit expiration can be
sent pursuant to subsection C of §18.2-308.010. The applicant shall present
one valid form of photo identification issued by a governmental agency of the
Commonwealth or by the U.S. Department of Defense or U.S. State Department
(passport). No information or documentation other than that which is allowed on
the application in accordance with this section may be requested or required by
the clerk or the court.
B. The court shall require proof that the applicant has demonstrated competence with a handgun and the applicant may demonstrate such competence by one of the following, but no applicant shall be required to submit to any additional demonstration of competence, nor shall any proof of demonstrated competence expire:
1. Completing any hunter education or hunter safety course approved by the Department of Game and Inland Fisheries or a similar agency of another state;
2. Completing any National Rifle Association firearms safety or training course;
3. Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, institution of higher education, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or the Department of Criminal Justice Services;
4. Completing any law-enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;
5. Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition or current military service or proof of an honorable discharge from any branch of the armed services;
6. Obtaining or previously having held a license to carry a firearm in the Commonwealth or a locality thereof, unless such license has been revoked for cause;
7. Completing any firearms training or safety course or class, including an electronic, video, or online course, conducted by a state-certified or National Rifle Association-certified firearms instructor;
8. Completing any governmental police agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or
9. Completing any other firearms training which 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 that shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this subsection.
C. The making of a materially false statement in an application under this article shall constitute perjury, punishable as provided in §18.2-434.
D. The clerk of court shall withhold from public disclosure the applicant's name and any other information contained in a permit application or any order issuing a concealed handgun permit, except that such information shall not be withheld from any law-enforcement officer acting in the performance of his official duties or from the applicant with respect to his own information. The prohibition on public disclosure of information under this subsection shall not apply to any reference to the issuance of a concealed handgun permit in any order book before July 1, 2008; however, any other concealed handgun records maintained by the clerk shall be withheld from public disclosure.
E. An application is deemed complete when all information required to be furnished by the applicant, including the fee for a concealed handgun permit as set forth in §18.2-308.03, is delivered to and received by the clerk of court before or concomitant with the conduct of a state or national criminal history records check.
§18.2-308.04. Processing of the application and issuance of a concealed handgun permit.
A. The clerk of court shall enter on the application the date on which the application and all other information required to be submitted by the applicant is received.
B. Upon receipt of the completed application, the court shall consult with either the sheriff or police department of the county or city and receive a report from the Central Criminal Records Exchange.
C. The court shall issue the permit via United States mail and
notify the State Police of the issuance of the permit within 45 days of receipt
of the completed application unless it is determined that the applicant is
disqualified. Any order denying issuance of the permit shall be in accordance
with §18.2-308.08. If the applicant is later found by the court to be
disqualified after a five-year 15-year
permit has been issued, the permit shall be revoked.
D. A court may authorize the clerk to issue concealed handgun permits, without judicial review, to applicants who have submitted complete applications, for whom the criminal history records check does not indicate a disqualification and, after consulting with either the sheriff or police department of the county or city, about which application there are no outstanding questions or issues. The court clerk shall be immune from suit arising from any acts or omissions relating to the issuance of concealed handgun permits without judicial review pursuant to this section unless the clerk was grossly negligent or engaged in willful misconduct. This section shall not be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law, or to affect any cause of action accruing prior to July 1, 2010.
E. The permit to carry 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, of the clerk of court who has been authorized to sign such permits by the issuing judge, or of the clerk of court who has been authorized to issue such permits pursuant to subsection D; the date of issuance; and the expiration date. The permit to carry a concealed handgun shall be of a size comparable to a Virginia driver's license, may be laminated or use a similar process to protect the permit, and shall otherwise be of a uniform style prescribed by the Department of State Police.
§18.2-308.05. Issuance of a de facto permit.
If the court has not issued the permit or determined that the applicant
is disqualified within 45 days of the date of receipt noted on the application,
the clerk shall certify on the application that the 45-day period has expired,
and mail or send via electronic mail a copy of the certified application to the
applicant within five business days of the expiration of the 45-day period. The
certified application shall serve as a de facto permit, which shall expire 90
days after issuance, and shall be recognized as a valid concealed handgun
permit when presented with a valid government-issued photo identification
pursuant to subsection A of §18.2-308.01, until the court issues a five-year 15-year
permit or finds the applicant to be disqualified. If the applicant is found to
be disqualified after the de facto permit is issued, the applicant shall
surrender the de facto permit to the court and the disqualification shall be
deemed a denial of the permit and a revocation of the de facto permit.
§18.2-308.06. Nonresident concealed handgun permits.
A. Nonresidents of the Commonwealth 21 years of age or older
may apply in writing to the Virginia Department of State Police for a five-year 15-year
permit to carry a concealed handgun. The applicant shall submit a photocopy of
one valid form of photo identification issued by a governmental agency of the
applicant's state of residency or by the U.S. Department of Defense or U.S.
State Department (passport). Every applicant for a nonresident concealed
handgun permit shall also submit two photographs of a type and kind specified
by the Department of State Police for inclusion on the permit and shall submit
fingerprints on a card provided by the Department of State Police for the
purpose of obtaining the applicant's state or national criminal history record.
As a condition for issuance of a concealed handgun permit, the applicant shall
submit to fingerprinting by his local or state law-enforcement agency and
provide personal descriptive information to be forwarded with the fingerprints
through the Central Criminal Records Exchange to the U.S. Federal Bureau of
Investigation for the purpose of obtaining criminal history record information
regarding the applicant and obtaining fingerprint identification information
from federal records pursuant to criminal investigations by state and local law-enforcement
agencies. The application shall be on a form provided by the Department of
State Police, requiring only that information necessary to determine
eligibility for the permit. If the permittee is later found by the Department
of State Police to be disqualified, the permit shall be revoked and the person
shall return the permit after being so notified by the Department of State
Police. The permit requirement and restriction provisions of subsection C of §
18.2-308.02 and §18.2-308.09 shall apply, mutatis mutandis, to the provisions
of this subsection.
B. The applicant shall demonstrate competence with a handgun by one of the following:
1. Completing a hunter education or hunter safety course approved by the Virginia Department of Game and Inland Fisheries or a similar agency of another state;
2. Completing any National Rifle Association firearms safety or training course;
3. Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, institution of higher education, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or the Department of Criminal Justice Services or a similar agency of another state;
4. Completing any law-enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;
5. Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition approved by the Department of State Police or current military service or proof of an honorable discharge from any branch of the armed services;
6. Obtaining or previously having held a license to carry a firearm in the Commonwealth or a locality thereof, unless such license has been revoked for cause;
7. Completing any firearms training or safety course or class, including an electronic, video, or on-line course, conducted by a state-certified or National Rifle Association-certified firearms instructor;
8. Completing any governmental police agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or
9. Completing any other firearms training that the Virginia Department of State Police deems adequate.
A photocopy of a certificate of completion of any such course or class; an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document that shows completion of the course or class or evidences participation in firearms competition shall satisfy the requirement for demonstration of competence with a handgun.
C. The Department of State Police may charge a fee not to exceed $100 to cover the cost of the background check and issuance of the permit. Any fees collected shall be deposited in a special account to be used to offset the costs of administering the nonresident concealed handgun permit program.
D. The permit to carry a concealed handgun shall contain only the following information: name, address, date of birth, gender, height, weight, color of hair, color of eyes, and photograph of the permittee; the signature of the Superintendent of the Virginia Department of State Police or his designee; the date of issuance; and the expiration date.
E. The Superintendent of the State Police shall promulgate regulations, pursuant to the Administrative Process Act (§2.2-4000 et seq.), for the implementation of an application process for obtaining a nonresident concealed handgun permit.
§18.2-308.010. Renewal of concealed handgun permit.
A. 1. Persons who previously have held a concealed handgun
permit shall be issued, upon application as provided in §18.2-308.02, a new five-year 15-year
permit unless it is found that the applicant is subject to any of the
disqualifications set forth in §18.2-308.09. Persons who previously have been
issued a concealed handgun permit pursuant to this article shall not be
required to appear in person to apply for a new
five-year 15-year
permit pursuant to this section, and the application for the new permit,
including a photocopy of the applicant's valid photo identification, may be
submitted via the United States mail. The circuit court that receives the
application shall promptly notify an applicant if the application is incomplete
or if the fee submitted for the permit pursuant to §18.2-308.03 is incorrect.
2. If a new five-year 15-year
permit is issued while an existing permit remains valid, the new five-year 15-year
permit shall become effective upon the expiration date of the existing permit, provided
that the application is received by the court at least 90 days but no more than
180 days prior to the expiration of the existing permit.
3. Any order denying issuance of the new permit shall be in accordance with subsection A of §18.2-308.08.
B. If a permit holder is a member of the Virginia National
Guard, Armed Forces of the United States, or the Armed Forces Reserves of the
United States, and his five-year 15-year
permit expires during an active-duty military deployment outside of the
permittee's county or city of residence, such permit 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 a permittee shall carry with him and
display, upon request of a law-enforcement officer, a copy of the permittee's
deployment orders or other documentation from the permittee's commanding
officer that order the permittee to travel outside of his county or city of
residence and that indicate the start and end date of such deployment.
C. If the clerk has an electronic system for, and issuance of, concealed handgun permits and such system has the capability of sending electronic notices to permit holders and if a permit holder requests such notice on the concealed handgun application form, the clerk that issued the permit shall notify the permit holder by electronic mail at least 90 days prior to the permit expiration date that the permit will expire. The failure of a clerk to send the notice required by this subsection or the failure of the permit holder to receive such notice shall not extend the validity of the existing permit beyond its expiration date.
