From: [C V MT D C] at [VTVM1.CC.VT.EDU] (Tom The Elitist)
Newsgroups: rec.guns
Subject: VA's CCW Law, verbatim
Date: 5 Aug 93 23:46:43 GMT
Here is the full text of current VA law on CCW, verbatim:
CODE OF VIRGINIA
*** THIS SECTION IS CURRENT THROUGH THE 1992 SUPPLEMENT ***
(1992 REGULAR SESSION) ***
TITLE 18.2. CRIMES AND OFFENSES GENERALLY
CHAPTER 7. CRIMES INVOLVING HEALTH AND SAFETY
ARTICLE 7. OTHER ILLEGAL WEAPONS
Va. Code Ann. @ 18.2-308 (1992)
@ 18.2-308. 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, nunchuck, 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 shall be
punishable as a Class 6 felony, and a third or subsequent
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 @ 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, sergeants, sheriffs, deputy
sheriffs or regular game wardens appointed pursuant to Chapter 2
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
(@ 23-232 et seq.) of Title 23; and
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.
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 in rural districts;
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 @ 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
Investigative Service; and
8. Harbormaster of the City of Hopewell.
D. Any person 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 specific type of concealed weapon. The
application 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
such permit if the applicant is of good character, has
demonstrated a need to carry such concealed weapon, which need
may include but is not limited to lawful defense and security, is
physically and mentally competent to carry such weapon and is not
prohibited by law from receiving, possessing, or transporting
such weapon. 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.
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. The order issuing such permit shall be
entered in the law order book of such court.
Any person denied a permit to carry a concealed weapon under
the provisions of this subsection 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 @ 17-116.07 B, the decision
of the Court of Appeals or judge shall be final.
E. 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.
HISTORY: 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.
NOTES:
CROSS REFERENCES. --As to carrying weapon to place of religious
worship or on Sunday, see @ 18.2-283. As to prohibiting
possession of blackjacks, brass knuckles, etc., see @ 18.2-311.
As to carrying weapons by penitentiary guards and officials, see
@ 53.1-29.
EDITOR'S NOTE. --The above section is @ 18.2-308 as enacted by
Acts 1975, c. 594. Pursuant to @ 9-77.11, it has been substituted
for @ 18.2-308 as enacted by Acts 1975, cc. 14 and 15.
THE 1987 AMENDMENTS. --The first 1987 amendment inserted "any" at
the beginning of clause (ii) of subsection A, inserted "spring
stick" within clause (ii) of subsection A, and added subsection
E. The second 1987 amendment also inserted "any" at the beginning
of clause (ii) of the first sentence of subsection A, and added
the last sentence of the first
paragraph of subsection D.
THE 1988 AMENDMENTS. --The first 1988 amendment inserted
"ballistic knife" in clause (ii) and substituted "known" for
"know" in clause (iv) of subsection A, substituted "article" for
"section" near the beginning of subsection E and added the
definition for "ballistic knife" at the end of subsection E. The
second 1988 amendment in subsection D insert court" and
substituted "two-year" for "one-year" in the first sentence,
added the second sentence, deleted "it finds that" following
"such permit if", inserted "specific" preceding "reasons" and
substituted "the" for "such" preceding "denial" in the third
sentence and added the last sentence of the first paragraph and
inserted "final" in the first sentence of the last
paragraph.
THE 1989 AMEND1989 amendment by c. 538 substituted "prescribed by
Supreme Court" for "prepared by the clerk" in the second sentence
of subsection D.
The 1989 amendment by c. 542 in subsection C, deleted "and" from
the end of subdivision 4, added "and" at the end of subdivision
5, and added subdivision 6.
THE 1990 AMENDMENTS. --The 1990 amendment by c. 640, in
subsection A, deleted "and such weapon" following "Class 1
misdemeanor" in the first sentence, added the second sentence,
and added "Any weapon used in the commission of a violation of
this section" at the beginning of the third sentence.
The 1990 amendment by c. 648 inserted "(29.1-200 et seq.)" in
subdivision B2; and in subsection C; deleted "and" at the end of
subdivision 5, added "and" at the end of subdivision 6, and added
subdivision 7.
The 1990 amendment by c. 825 substituted "Division of Forensic
Science" for "Division of Consolidated Laboratory Services" in
the first sentence of subsection A.
THE 1991 AMENDMENT, in subsection C, deleted "and" at the end of
subdivision 6; added "and" in subdivision 7, and added
subdivision 8.
THE 1992 AMENDMENTS. --The 1992 amendment by c. 510 added the
fourth sentence in the first paragraph of subsection D.
The 1992 amendment by c. 705 inserted "as a magistrate in the
Commonwealth or" in the first sentence of the second paragraph of
subsection D.
LAW REVIEW. --For survey of Virginia criminal law for the year
1973-1974, see 60 Va. L. Rev. 1499 (1974).
THIS SECTION IS SUFFICIENTLY PLAIN, when read in the light of its
history. Withers v. Commonwealth, 109 Va. 837, 65 S.E. 16 (1909).
NO APPLICATION TO CONVICTED FELON WHO HAS NOT HAD RIGHTS
RESTORED. --This section allows a person to place his firearm
under his coat, hunting jacket or other outer garment to protect
it from the weather, but it has no application to a convicted
felon who has not had his rights to possess a weapon restored.
United States v. Etheridge, 932 F.2d 318 (4th Cir. 1991).
PISTOL IN HANDBAG WARRANTED CONVICTION. --Defendant was properly
convicted of carrying a concealed weapon where she carried a
pistol in a brown, zippered handbag. Schaaf v. Commonwealth, 220
Va. 429, 258 S.E.2d 574 (1979). A pistol carried in a handbag is
not only near and about the carrier's person, hidden from common
observation, but in some handbags it is so accessible that it
could be fired without being removed therefrom. It is so
connected with the person as to be readily accessible for use or
surprise if desired. Schaaf v. Commonwealth, 220 Va. 429, 258
S.E.2d 574 (1979).
Defendant violated this section by carrying a handgun in a gym
bag. Hall v. Commonwealth, 12 Va. App. 559, 389 S.E.2d 921
(1990).
AND SUTHERLAND V. COMMONWEALTH, 109 VA. 834, 65 S.E. 15 (1909),
HELD OVERRULED to the extent that it may be in conflict with
holding approving conviction for concealing pistol in handbag.
See Schaaf v. Commonwealth, 220 Va. 429, 258 S.E.2d 574 (1979).
SUFFICIENT REASONS TO DENY PERMIT AND AUTHORITY TO GRANT LIMITED
PERMIT. --Trial court sufficiently stated reasons for its denial
of an application to carry a concealed weapon, and the court had
authority to grant a limited permit; where the trial court stated
that applicant failed to give reasons for the issuance of a
permit which demonstrated a need to carry a concealed weapon
and that there were suitable alternatives to carrying a
concealed weapon available to applicant, the court sufficiently
complied with the requirement that specific reasons for the
denial be stated; furthermore, permit restrictions of the limited
permit were consistent with the court's authority to issue such a
permit. In re Gatti, No. 0083-89-4 (Ct. of Appeals May 9, 1989).
CODE OF VIRGINIA
*** THIS SECTION IS CURRENT THROUGH THE 1992 SUPPLEMENT
*** (1992 REGULAR SESSION) ***
TITLE 18.2. CRIMES AND OFFENSES GENERALLY
CHAPTER 7. CRIMES INVOLVING HEALTH AND SAFETY
ARTICLE 7. OTHER ILLEGAL WEAPONS
Va. Code Ann. @ 18.2-308.2 (1992)
@ 18.2-308.2. Possession or transportation of firearms or
concealed weapons by convicted felons; penalties; petition for
permit; when issued
A. It shall be unlawful for any person who has been convicted
of a felony under the laws of this Commonwealth, or any other
state, the District of Columbia, the United States or any
territory thereof, to knowingly and intentionally possess or
transport any firearm or to knowingly and intentionally carry
about his person, hid from common observation, any weapon
described in @ 18.2-308 A. A violation of this section shall be
punishable as a Class 6 felony. Any firearm or any concealed
weapon possessed, transported or carried in violation of this
section shall be forfeited to the Commonwealth and disposed of as
provided in @ 18.2-310.
B. The prohibitions of subsection A shall not apply to (i) any
person who possesses a firearm or other weapon while carrying
out his duties as a member of the armed forces of the United
States or of the National Guard of Virginia or of any other
state, (ii) any law-enforcement officer in the performance of his
duties, or (iii) any person who has been pardoned or whose
political disabilities have been removed pursuant to Article V,
Section 12 of the Constitution of Virginia provided the Governor,
in the document granting the pardon or removing the person's
political disabilities, may expressly place conditions upon the
reinstatement of the person's right to ship, transport, possess
or receive firearms.
C. Any person convicted of a felony under the laws of this
Commonwealth or any other state, the District of Columbia, the
United States or any territory thereof, may petition the circuit
court of the jurisdiction in which he resides for a permit to
possess or carry a firearm. The court may, in its discretion
and for good cause shown, grant such petition and issue a permit.
The provisions of this section shall not apply to any person who
has been granted a permit pursuant to this subsection.
HISTORY: 1979, c. 474; 1982, c. 515; 1983, c. 233; 1986, cc. 409,
641; 1987, c. 108; 1988, c. 237; 1989, cc. 514, 531.
NOTES:
THE 1987 AMENDMENT, effective March 16, 1987, in subsection B
substituted "The prohibitions of subsection A" for "The
provisions of this section," inserted "(i)," substituted "(ii)"
for "or to," substituted "or (iii)" for "nor shall it apply to,"
and added the language beginning "provided the Governor" at the
end of subsection B.
THE 1988 AMENDMENT substituted "Class 1, 2, 3 or 4 felony" for
"Class 1, 2 or 3 felony" and inserted "a felony violation of @@
18.2-248, 18.2-248.1 or @ 18.2-256 for which the minimum
prescribed punishment is a term of imprisonment of not less than
five years" in both subsection A and C.
THE 1989 AMENDMENTS. --The 1989 amendments by cc. 514 and 531 are
identical and substituted "a felony" for "a Class 1, 2, 3 or 4
felony, rape, robbery, a felony violation of @@ 18.2-248, 18.2-
248.1 or @ 18.2-256 for which the minimum prescribed punishment
is a term of imprisonment of not less than five years or a felony
involving the use of a firearm" in the first sentence of
subsection A, and "a felony" for "a Class 1, 2, 3 or 4 felony or
rape, robbery, a felony violation of @@ 18.2-248, 18.2-248.1 or @
18.2-256 for which the minimum prescribed punishment is a term of
imprisonment of not less than five years or a felony involving
the use of a firearm" in the first sentence of subsection C.
PROSECUTION ALLOWED TO INTRODUCE SPECIFIC NATURE OF PRIOR FELONY.
--Allowing the Commonwealth to introduce the specific nature of
defendant's prior felony conviction was not in contravention of
the long established principle that evidence of specific prior
criminal acts should be excluded because of its prejudicial
effect on the defendant, since the Commonwealth is entitled to
prove the elements set forth in the indictment, and proof of the
handgun charge under subsection A required proof of the previous
conviction for robbery. The evidence was, therefore, offered and
admitted for a legitimate purpose and not for the prohibited
purpose of showing a predisposition on the part of the accused to
commit crime. If the result were otherwise, the Commonwealth
would be precluded from introducing sufficient evidence against
any defendant to obtain a conviction under subsection A. Glover
v. Commonwealth, 3 Va. App. 152, 348 S.E.2d 434 (1986), aff'd sub
nom. Johnson v. Commonwealth, 236 Va. 48, 372 S.E.2d 134 (1988).
DEFENDANT GUILTY WHERE PRIOR CONVICTION WAS INVOLUNTARY
MANSLAUGHTER. --Trial court properly found defendant guilty of
possession of a handgun after having been previously convicted of
a felony involving the use of a firearm, where it was
stipulated that the prior conviction was for involuntary
manslaughter which was a reduction of a charge of murder and was
based on defendant's having killed another person with a shotgun.
Lindsey v. Commonwealth, No. 0137-89-2 (Ct. of Appeals Oct. 9,
1990).
EVIDENCE OF PRIOR CONVICTION ADMISSIBLE DESPITE DEFENDANT'S
STIPULATION THERETO. --Evidence of defendant's prior conviction
for robbery was properly received for the purpose of showing a
prior conviction, although defendant stipulated that he had a
prior conviction of a type which satisfied subsection A, since
the Commonwealth is not obliged to enter into an agreement
whereby it is precluded from putting on its evidence simply
because the defendant is willing to make a qualified stipulation.
Glover v. Commonwealth, 3 Va. App. 152, 348 S.E.2d 434 (1986),
aff'd sub nom. Johnson v. Commonwealth, 236 Va. 48, 372 S.E.2d
134 (1988).
FELON'S CLAIMS THAT DISABILITY HAD BEEN REMOVED WERE UNAVAILING.
--In prosecution of felon for possession of a firearm where
felon did not proceed under this section or the federal statute
to remove his disability against possession of firearms, his
claims that the disability had been removed by the Virginia
Parole Board, the purchase of a hunting license, or statements
by a Virginia state court judge were unavailing. United States
v. Etheridge, 932 F.2d 318 (4th Cir. 1991).