14103073D 
HOUSE BILL NO. 736
Offered January 8, 2014
Prefiled January 7, 2014
A BILL to amend and reenact §§18.2-308.01 through 
 18.2-308.04, 18.2-308.06 through 18.2-308.09, 18.2-308.011, 18.2-308.012, and 18.2-308.013 
 of the Code of Virginia; to amend the Code of Virginia by adding in Article 6.1 
 of Chapter 7 of Title 18.2 sections numbered 18.2-308.016, 18.2-308.017, and 
 18.2-3-08.018 and by adding a section numbered 52-4.5; and to repeal §§
 18.2-308.05 and 18.2-308.010 of the Code of Virginia, relating to lifetime 
 concealed handgun permits; Department of State Police to issue permits; 
 penalty.
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Patron-- Lingamfelter
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia: 
 
 
1. That §§18.2-308.01 through 18.2-308.04, 18.2-308.06 
 through 18.2-308.09, 18.2-308.011, 18.2-308.012, and 18.2-308.013 of the Code 
 of Virginia are amended and reenacted and that the Code of Virginia is amended 
 by adding in Article 6.1 of Chapter 7 of Title 18.2 sections numbered 
 18.2-308.016, 18.2-308.017, and 18.2-308.018 and by adding a section numbered 
 52-4.5 as follows: 
 
 
§18.2-308.01. Carrying a concealed handgun with a permit.  
 
 
A. The prohibition against carrying a concealed handgun in 
 clause (i) of subsection A of §18.2-308 shall not apply to a person who has a 
 valid concealed handgun permit issued pursuant to this article.  
 
 
The B. A person who has been issued the a permit prior to January 1, 2015, shall have such permit on his 
 person at all times during which he is carrying a concealed handgun and shall 
 display the permit and a photo identification issued by a government agency of 
 the Commonwealth or by the U.S. Department of Defense or U.S. State Department 
 (passport) upon demand by a law-enforcement officer. 
 
 
C. A person 
 who has been issued a permit on or after January 1, 2015, shall have such permit on his person at all times 
 when he is carrying a concealed handgun in the Commonwealth and shall display the permit on demand by a law-enforcement 
 officer. 
 
 
D. 
 A person to whom who has been 
 issued a nonresident permit is issued shall have such permit on his person at all times when 
 he is carrying a concealed handgun in the Commonwealth and shall display the 
 permit on demand by a law-enforcement officer.  
 
 
A person whose 
 permit is extended due to deployment shall carry with him and display, upon 
 request of a law-enforcement officer, a copy of the documents required by 
 subsection B of §18.2-308.010. E. A permit issued prior to January 1, 2015, to a member of the Virginia National Guard, the armed forces of the United States, or the Armed 
 Forces Reserves of the United States, and which expires during 
 such member's active-duty 
 military deployment outside the member's county or city of residence, shall remain valid for 
 90 days after the end date of the member's deployment. In order to establish proof of 
 continued validity of the permit, the 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.  
 
 
B. F. Failure to display the 
 permit and a photo identification upon demand by a law-enforcement 
 officer shall be punishable by a $25 civil penalty, which shall be paid into 
 the state treasury, provided that, as 
 provided in subsection C, a person who has been 
 issued a permit on or after January 1, 
 2015, shall only be 
 required to display the permit upon demand by a law-enforcement officer. 
 Any attorney for the Commonwealth of the county or city in which the alleged 
 violation occurred may bring an action to recover the civil penalty. A court 
 may waive such penalty upon presentation to the court of a valid permit and, for a person issued a permit before January 1, 
 2015, 
 a government-issued photo identification. Any law-enforcement officer may issue 
 a summons for the civil violation of failure to display the concealed handgun 
 permit and, for a person issued a permit before January 1, 
 2015, 
 photo identification upon demand.  
 
 
C. G. The granting of a concealed 
 handgun permit pursuant to this article shall not thereby authorize the 
 possession of any handgun 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.  
 
 
H. The Superintendent of State Police shall promulgate 
 regulations, pursuant to the Administrative Process Act (§2.2-4000 et seq.), 
 for the implementation of a process for the issuance and retention of concealed 
 handgun permits in accordance with the provisions 
 of this article. 
 
 
§18.2-308.02. Application for a concealed handgun permit; 
 Virginia resident or domiciliary.  
 
 
A. Any person 21 years of age or older who is a resident of the Commonwealth or who is a member of 
 the United States armed forces domiciled in the 
 Commonwealth 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, Department of 
 State Police for a five-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 Commonwealth. 
 The application shall be made under oath before a notary or other person 
 qualified to take oaths and shall be made only 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. The applicant 
 shall submit two photographs of a type and kind specified by the Department of 
 State Police. 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 Department of 
 State Police.  
 
 
B. The court Department of State Police 
 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, 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 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 that the court Department of State Police 
 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 made before January 1, 
 2015, or any order issuing a concealed handgun permit, except that made before January 1, 
 2015. The Department of State 
 Police shall withhold from public disclosure the applicant's name and any other 
 information contained in a permit application made on or after January 1, 
 2015. However, 
 such information shall not be withheld from any law-enforcement officer acting 
 in the performance of his official duties.  
 
 
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 Department of State Police 
 before or concomitant with the conduct of a state or and national criminal history 
 records check.  
 
 
§18.2-308.03. Fees for concealed handgun permits.  
 
 
A. The clerk Department of State Police shall charge a fee of $10 $100 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 agency conducting the 
 background investigation may charge a fee not to exceed $35 to cover the cost 
 of conducting an investigation pursuant to this article. The $35 fee shall 
 include any amount assessed by the U.S. Federal Bureau of Investigation for 
 providing criminal history record information, and the local law-enforcement agency 
 shall forward the amount assessed by the U.S. Federal Bureau of Investigation 
 to the State Police with the fingerprints taken from any nonresident applicant. 
 The State Police may charge a fee not to exceed $5 to cover its costs 
 associated with processing the application. The total amount assessed for 
 processing an application for a permit shall not exceed $50, with such fees to 
 be paid in one sum to the person who receives the application. Payment may be made by 
 any method accepted by that court for payment of other fees or penalties the Department of State Police. 
 No payment shall be required until the application is received by the court Department of State Police as 
 a complete application.  
 
 
B. No The Department of State Police shall charge a fee shall be charged of $25 for the issuance of such a permit 
 to a person who has retired from service (i) as a magistrate in the 
 Commonwealth; (ii) as a special agent with the Alcoholic Beverage 
 Control Board or as a law-enforcement officer with the Department of State 
 Police, the Department of Game and Inland Fisheries, or a sheriff or police 
 department, bureau, or force of any political subdivision of the Commonwealth, 
 after completing 15 years of service or after reaching age 55; (iii) as a law-enforcement officer with the U.S. Federal 
 Bureau of Investigation, Bureau of Alcohol, Tobacco and Firearms, Secret 
 Service Agency, Drug Enforcement Administration, United States Citizenship and 
 Immigration Services, U.S. Customs and Border Protection, Department of State 
 Diplomatic Security Service, U.S. Marshals Service, or Naval Criminal 
 Investigative Service, after completing 15 years of service or after reaching 
 age 55; (iv) (iii) as a law-enforcement officer with any police or 
 sheriff's department within the United States, the District of Columbia, or any 
 of the territories of the United States, after completing 15 years of service; (v) (iv) as a law-enforcement officer with any combination of the 
 agencies listed in clauses clause (ii) through (iv) or (iii), after completing 15 
 years of service; (vi) (v) as 
 a designated boarding team member or boarding officer of the United States 
 Coast Guard, after completing 15 years of service or after reaching age 55; or (vii) (vi) as a correctional officer as defined in §53.1-1, after completing 15 years of 
 service. 
 
 
C. The 
 Department of State Police shall not charge a fee for reinstatement of a permit under subsection E of §18.2-308.013. 
 
 
D. Notwithstanding 
 the provisions of subsection A, any 
 person who applies for a permit who, at 
 the time of the application, possesses an unexpired permit 
 issued prior to January 1, 
 2015, shall 
 be charged a fee of $50 for the processing of 
 an application or issuing of a permit. 
 
 
E. The Department of State Police shall charge a fee 
 of $50 for the conversion of a 
 nonresident concealed handgun permit issued in accordance 
 with §18.2-308.06 into a resident concealed handgun permit issued in 
 accordance with §18.2-308.02.  
 
 
§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 an application completed in accordance with §18.2-308.02, 
 the court Department of State Police 
 shall consult with either the sheriff or police department of the applicant's county or city and receive a 
 report from the Central Criminal Records Exchange initiate a search of all available information 
 from the Department of State Police and the Federal Bureau of Investigation to 
 determine whether or not the applicant is prohibited from possessing or 
 transporting a firearm under state or federal law.  
 
 
C. B. The court Department of State Police 
 shall issue the permit via United States mail and notify the State Police of the issuance of the 
 permit within 45 business days of receipt of the completed application unless it is 
 determined that the applicant is disqualified. Any order letter denying 
 issuance of the a permit shall be in accordance with §18.2-308.08. If the applicant is later found by the court 
 Department of State Police to be 
 disqualified after a 
 five-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 C. A permit 
 to carry a concealed handgun issued prior 
 to January 1, 2015, 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 no larger than two 
 inches wide by three and one-fourth inches long and shall be of a uniform style 
 prescribed by the Department of State Police. 
 
 
D. A permit to 
 carry a concealed handgun issued on or after January 1, 2015, shall specify 
 only the following information: the 
 permittee's name, address, 
 date of birth, gender, height, weight, color of hair, color of eyes, and photograph; the signature 
 of the Superintendent of State Police or his designee; and the date 
 of the permit's issuance. The permit to carry a concealed handgun shall be 
 of a uniform style prescribed by the Department of State Police. 
  
 
 
§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 permit to carry a concealed handgun. Every 
 applicant for a nonresident concealed handgun permit shall 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 and 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 made under oath 
 before a notary or other person qualified to take oaths 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, 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 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 $200 
 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. Upon establishment of residency in the 
 Commonwealth, the holder of 
 a valid nonresident concealed handgun permit may request the conversion of the permit into a 
 resident permit issued in accordance with the provisions 
 of §18.2-308.02, subject to the fee set out in 
 subsection D of §18.2-308.03. 
  
 
 
§18.2-308.07. Entry of information into the Virginia Criminal 
 Information Network.  
 
 
A. An order issuing a concealed handgun permit 
 pursuant to §18.2-308.04, or the copy of the permit application certified by 
 the clerk as a de facto permit pursuant to §18.2-308.05, shall be provided to 
 the State Police and the law-enforcement agencies of the county or city by the 
 clerk of the court. The Department of State 
 Police shall enter the permittee's name and description of a person issued a permit pursuant to §
 18.2-308.02 in the Virginia Criminal Information Network so 
 that the permit's existence and current status will be made known to 
 law-enforcement personnel accessing the Network for investigative purposes.  
 
 
B. The Department of State Police shall enter the name and 
 description of a person issued a nonresident permit pursuant to §18.2-308.06 
 in the Virginia Criminal Information Network so that the permit's existence and 
 current status are known to law-enforcement personnel accessing the Network for 
 investigative purposes.  
 
 
C. The Department of State 
 Police shall withhold from public disclosure permittee information submitted to the State 
 Police for purposes of entry 
 into the Virginia Criminal Information Network, except that such information 
 shall not be withheld from any law-enforcement agency, officer, or authorized 
 agent thereof acting in the performance of official law-enforcement duties, nor 
 shall such information be withheld from an entity that has a valid contract 
 with any local, state, or federal law-enforcement agency for the purpose of 
 performing official duties of the law-enforcement agency. However, nothing in 
 this subsection shall be construed to prohibit the release of (i) records by 
 the Department of State Police 
 concerning permits issued to nonresidents of the Commonwealth pursuant to §
 18.2-308.06 or (ii) statistical summaries, abstracts, or other records 
 containing information in an aggregate form that does not identify any 
 individual permittees.  
 
 
§18.2-308.08. Denial of a concealed handgun permit; appeal.  
 
 
A. Only a circuit court judge may deny issuance of a 
 concealed handgun permit to a Virginia resident or domiciliary who has applied 
 for a permit pursuant to §18.2-308.04. Any order letter denying issuance of a 
 concealed handgun permit shall state the basis for the denial of the permit, 
 including, if applicable, any reason under §18.2-308.09 that is the basis of 
 the denial, and the clerk Department of State Police 
 shall provide notice, in writing, upon denial of the application, of the 
 applicant's right to an ore tenus hearing and the requirements for 
 perfecting an appeal of such order denial to the 
 Superintendent of State Police or his designee.  
 
 
B. Upon request of the applicant made within 21 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, and the rules of 
 evidence shall apply. The final order of the court shall include the court's 
 findings of fact and conclusions of law Superintendent 
 of State Police or his designee shall review the 
 application, the letter of denial, and all materials submitted by the applicant 
 for consideration in the appeal and, within 30 days of the 
 request for appeal, either grant the permit or issue a letter stating the basis 
 of denial.  
 
 
C. Any person denied a permit to carry a concealed 
 handgun by the circuit court may present a petition for review to the Court of 
 Appeals. The petition for review shall be filed within 60 days of the 
 expiration of the time for requesting an ore tenus hearing, or if an ore tenus 
 hearing is requested, within 60 days of the entry of the final order of the 
 circuit court following the hearing. 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 
 subsection B of §17.1-410, 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. The Superintendent 
 of State Police or his designee who issues a denial letter pursuant to subsection B shall provide 
 notice in writing of the applicant's right to an ore tenus hearing in 
 circuit court and the 
 requirements for perfecting an appeal of such denial, 
 including identifying the circuit that is the proper venue for 
 the appeal. Venue for such 
 hearing shall be in the circuit court of the county or city 
 nearest to the location of the applicant's residence where 
 a division 
 or administrative headquarters 
 of the Department of State 
 Police is located. Upon request 
 of the applicant made within 21 days of the denial issued under subsection B, 
 the court shall place the matter on the docket of the appropriate 
 circuit court for an ore 
 tenus hearing. The applicant may be represented by counsel, but counsel shall 
 not be appointed, and the rules of evidence shall apply. The final order of the 
 court shall include the court's findings of fact and conclusions of law. 
 
 
§18.2-308.09. Disqualifications for a concealed handgun 
 permit.  
 
 
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 law of 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 
 Commissioner pursuant to §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 §18.2-308.1:2 and whose competency or capacity was restored 
 pursuant to §64.2-2012 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 
 §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 §18.2-308.1:4 from purchasing or 
 transporting a firearm.  
 
 
6. An individual who is prohibited by §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 five-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 and misdemeanors set forth in Title 46.2 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, synthetic cannabinoids, or any controlled substance. 
  
 
 
9. An individual who has been convicted of a violation of §
 18.2-266 or a substantially similar local ordinance, or of public drunkenness, 
 or of a substantially similar offense under the laws of any other state, the 
 District of Columbia, the United States, or its territories within the 
 three-year period immediately preceding the application, or who is a habitual 
 drunkard as determined pursuant to §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 the court finds, by a 
 preponderance of the evidence Department of State Police determines, 
 based on specific acts by the applicant, is likely to use a weapon unlawfully 
 or negligently to endanger others. The sheriff, chief of police, or attorney 
 for the Commonwealth may submit to the court Department of State Police a 
 sworn, written statement indicating that, in the opinion of such sheriff, chief 
 of police, or attorney for the Commonwealth, based upon a disqualifying 
 conviction or upon the specific acts set forth in the statement, the applicant 
 is likely to use a weapon unlawfully or negligently to endanger others. The 
 statement of the sheriff, chief of police, or the attorney 
 for the Commonwealth shall be based upon personal knowledge of such individual 
 or of a deputy sheriff, police officer, or assistant attorney for the Commonwealth 
 of the specific acts, or upon a written statement made under oath before a 
 notary public of a competent 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 or 18.2-286.1 or brandishing of a firearm in violation of §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 that 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 16 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.  
 
 
19. An individual not otherwise ineligible pursuant to this article, who, within the three-year period immediately preceding 
 the application for the permit, was found guilty of any criminal offense set 
 forth in Article 1 (§18.2-247 et seq.) or of a criminal offense of illegal 
 possession or distribution of marijuana, synthetic cannabinoids, or any 
 controlled substance, under the laws of any state, the District of Columbia, or 
 the United States or its territories.  
 
 
20. An individual, not 
 otherwise ineligible pursuant to this article, with respect 
 to whom, within the three-year period immediately preceding the application, 
 upon a charge of any criminal offense set forth in Article 1 (§18.2-247 et 
 seq.) or upon a charge of illegal possession or distribution of marijuana, 
 synthetic cannabinoids, or any controlled substance under the laws of any 
 state, the District of Columbia, or the United States or its territories, the 
 trial court found that the facts of the case were sufficient for a finding of 
 guilt and disposed of the case pursuant to §18.2-251 or the substantially 
 similar law of any other state, the District of Columbia, or the United States 
 or its territories. 
 
 
21. An individual who is otherwise ineligible to 
 possess a firearm pursuant to state or federal law.  
 
 
§18.2-308.011. Replacement permits.  
 
 
A. The clerk of a 
 circuit court that issued a valid concealed handgun permit Department of State Police 
 shall, upon presentation of the valid permit and proof of a new address of 
 residence by the permit holder, issue a replacement permit specifying the 
 permit holder's new address. The clerk of court shall forward the permit 
 holder's new address of residence to the State Police. The State Police may 
 charge a fee not to exceed $5, and the clerk of court issuing the replacement 
 permit may charge a fee not to exceed $5. The total amount assessed for processing a replacement 
 permit pursuant to this subsection shall not exceed $10, with such fees to be 
 paid in one sum to the person who receives the information for the replacement 
 permit.  
 
 
B. The clerk of a 
 circuit court that issued a valid concealed handgun permit Department of 
 State Police shall, upon submission of a notarized 
 statement by the permit holder that the permit was lost or destroyed, issue a 
 replacement permit. The replacement permit shall have the same 
 expiration date as the permit that was lost or destroyed. The clerk Department of State Police 
 shall issue the replacement permit within 10 30 business 
 days of receiving the notarized statement, and may charge a fee not to exceed $5 $10. 
  
 
 
§18.2-308.012. Prohibited conduct.  
 
 
A. Any person permitted to carry a concealed handgun who is under 
 the influence of alcohol or illegal drugs while carrying such handgun in a 
 public place is guilty of a Class 1 misdemeanor. Conviction of any of the 
 following offenses shall be prima facie evidence, subject to rebuttal, that the 
 person is "under the influence" for purposes of this section: 
 manslaughter in violation of §18.2-36.1, maiming in violation of §18.2-51.4, 
 driving while intoxicated in violation of §18.2-266, public intoxication in 
 violation of §18.2-388, or driving while intoxicated in violation of §
 46.2-341.24. Upon such conviction that court the Department of State Police 
 shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. 
 A person convicted of a violation of this subsection shall be ineligible to 
 apply for a concealed handgun permit for a period of five years.  
 
 
B. No person who carries a concealed handgun onto the premises 
 of any restaurant or club as defined in §4.1-100 for which a license to sell 
 and serve alcoholic beverages for on-premises consumption has been granted by 
 the Virginia Alcoholic Beverage Control Board under Title 4.1 may consume an 
 alcoholic beverage while on the premises. A person who carries a concealed 
 handgun onto the premises of such a restaurant or club and consumes alcoholic 
 beverages is guilty of a Class 2 misdemeanor. However, nothing in this 
 subsection shall apply to a federal, state, or local law-enforcement officer.  
 
 
§18.2-308.013. Revocation of permit; reinstatement.  
 
 
A. Any The Department of State Police shall revoke the 
 permit of any person convicted 
 of an offense that would disqualify that person from obtaining a permit under §
 18.2-308.09 or who violates subsection C of §18.2-308.02. Such person shall forfeit his 
 permit for a concealed handgun and surrender it to the court Department of State Police. 
 Upon receipt by the Central Criminal Records Exchange of a record of the 
 arrest, conviction, or occurrence of any other event that would disqualify a 
 person from obtaining a concealed handgun permit under §18.2-308.09, the Central 
 Criminal Records Exchange shall notify the court having issued the permit of 
 such disqualifying arrest, conviction, or other event. Upon receipt of such 
 notice of a conviction, the court Department of State Police shall revoke the permit of a person disqualified 
 pursuant to this subsection, and shall promptly notify the State Police and the person whose permit was revoked of the revocation.  
 
 
B. An The Department of State Police shall revoke the 
 permit of any individual who 
 has a felony charge pending or a charge pending for an offense listed in 
 subdivision 14 or 15 of §18.2-308.09, holding a 
 permit for a concealed handgun, may have the permit suspended by the court before 
 which such charge is pending or by the court that issued the permit. 
  
 
 
C. The court Department of State Police 
 shall revoke the permit of any individual for whom it would be unlawful to 
 purchase, possess, or transport a firearm under §18.2-308.1:2 or 18.2-308.1:3, 
 and shall promptly notify the State Police and the person whose permit was revoked of the revocation. 
 
 
D. The 
 Department of State Police shall revoke the permit of any individual who carries 
 a resident permit issued in accordance with §18.2-308.02 
 and who establishes residency outside the 
 Commonwealth. This subsection shall not apply to (i) residents of 
 the Commonwealth who serve in the United States 
 armed forces and who are stationed outside the Commonwealth but who retain 
 their permanent residency 
 within the Commonwealth for purposes of military pay or (ii) any nonresident member of the 
 United States armed forces while he is domiciled in the Commonwealth.  
 
 
E. Any person 
 whose permit was revoked pursuant to 
 this section may apply with the Department of State Police for reinstatement of the permit. Such person must 
 demonstrate that the 
 condition or preclusion that was the basis of the revocation has lapsed or is 
 no longer in effect and that any administrative fines have been paid. 
 
 
F. Any person whose permit issued 
 prior to January 1, 2015, expires during the permit's revocation period shall apply for a new permit in accordance with §
 18.2-308.02. 
 
 
§
 18.2-308.016. Change of address. 
 
 
A. Any person 
 who has been issued a permit in accordance with this article and whose address changes from the address shown on the 
 permit shall, within 30 
 business days of the change in the address, notify the 
 Department of State Police of his change of address. The Department of State 
 Police shall issue a new permit in accordance 
 with §18.2-308.011. 
 
 
B. The 
 Department of State Police shall suspend the permit issued to any person who 
 fails to comply with the provisions of subsection A. Such suspension shall 
 occur immediately upon notice by the Department of State Police that such person is in violation of subsection A. The Department of State Police shall notify the 
 permittee of such 
 suspension, and any suspended permit shall be surrendered to the Department of 
 State Police upon notice of suspension for 180 days from the date such permit 
 is surrendered. The Department 
 of State Police shall return any suspended permit at the conclusion of such 
 suspension. 
 
 
§
 18.2-308.017. Periodic background check. 
 
 
The Department 
 of State Police shall conduct a national criminal history records check on all 
 valid concealed handgun permits issued in 
 accordance with this article on a periodic 
 basis throughout the lifetime of 
 the permit. Upon notice of any reason that 
 would be the basis of a revocation under §18.2-308.013 or subsection A of §18.2-308.012, the 
 Superintendent of State Police or his designee shall revoke any permit issued to a disqualified person. The Department of State Police 
 shall notify in writing any person whose permit is revoked pursuant to this section of such revocation at his last 
 known address. Such notice 
 shall state any reason under §
 18.2-308.09 or subsection 
 A of §18.2-308.012 that is the 
 basis of the revocation. Any person who 
 receives notice of revocation pursuant to this section shall forfeit and immediately 
 surrender his permit to the Department of State Police. The provisions of subsection C of §18.2-308.08 
 shall apply mutatis mutandis to this section. 
 
 
§
 18.2-308.018. Possession of a revoked or suspended concealed handgun permit; penalty. 
 
 
A. Any person 
 who knowingly possesses a 
 permit that has been revoked or suspended is guilty of a 
 Class 1 misdemeanor. 
 
 
B. Any person who violates subsection A while in possession of a 
 concealed handgun is guilty of a Class 6 felony.  
 
 
§52-4.5. Concealed 
 handgun permits; statistical reports. 
 
 
The Department of 
 State Police shall report to the General Assembly, by 
 December 1 of each year, statistical 
 information regarding concealed handgun 
 permits issued by the Department of State Police pursuant 
 to Article 6.1 (§18.2-307.1 et seq.) of Chapter 7 of Title 18.2 for 
 the preceding 12 months complete through 
 October 31. Such statistical 
 information shall include (i) the 
 number of concealed handgun permits issued to 
 residents of the Commonwealth, (ii) the 
 number of concealed handgun permits issued to nonresidents, (iii) 
 the number of permit applications denied by the 
 Department, (iv) the 
 average length of time for the issuance of a 
 permit or the denial of an application, (v) the 
 total number of permits that 
 were issued or applications 
 that were denied by 
 the Department in an untimely manner in violation of the 
 provisions of subsection B of §18.2-308.04, and (vi) the 
 total amount of fees received by the 
 Department pursuant to Article 6.1 of Chapter 7 of Title 18.2. 
 The statistical information contained in the 
 report shall not identify individual permittees. 
 
 
2. That §§18.2-308.05 and 18.2-308.010 of the Code of 
 Virginia are repealed. 
 
 
3. That the provisions of this act shall become effective on 
 January 1, 2015. 
 
 
4. That the provisions of this act may result in a net 
 increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4, the 
 estimated amount of the necessary appropriation cannot be determined for 
 periods of imprisonment in state adult correctional facilities; therefore, 
 Chapter 806 of the Acts of Assembly of 2013 requires the Virginia Criminal 
 Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to 
 §30-19.1:4, the estimated amount of the necessary appropriation is $0 for 
 periods of commitment to the custody of the Department of Juvenile Justice. 
 
 
 
 
 
  
 
 
 
 
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