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).