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Posted: 3/20/2003 6:41:25 PM EDT
[Last Edit: 3/21/2003 4:35:17 PM EDT by VA-gunnut]
After the other question about transporting a loaded rifle came up, I decided that maybe we should have a post for relevant code sections. If you guys can think of any other codes just let me know. I will be adding new ones as I get the time or find them.

Just a reminder, these will be code sections, not case law which may contradict some of these things.

The first one is pretty long but worth posting.


§ 18.2-308.Personal protection; carrying concealed weapons; when lawful to carry.

A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. Any weapon used in the commission of a violation of this section shall be forfeited to the Commonwealth and may be seized by an officer as forfeited, and such as may be needed for police officers, conservators of the peace, and the Division of Forensic Science shall be devoted to that purpose, subject to any registration requirements of federal law, and the remainder shall be disposed of as provided in § 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 any person while in his own place of abode or the curtilage thereof.

Except as provided in subsection J1, this section shall not apply to:

1. Any person while in his own place of business;

2. Any police officers, including Capitol Police officers, sergeants, sheriffs, deputy sheriffs or regular game wardens appointed pursuant to Chapter 2 (§ 29.1-200 et seq.) of Title 29.1;

3. Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;

4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;

5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;

6. Campus police officers appointed pursuant to Chapter 17 (§ 23-232 et seq.) of Title 23;

7. Any person actually engaged in lawful hunting, as authorized by the Board of Game and Inland Fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions; and

8. Any State Police officer retired from the Department of State Police, any local law-enforcement officer retired from a police department or sheriff's office within the Commonwealth and any special agent retired from the State Corporation Commission or the Alcoholic Beverage Control Board (i) with a service-related disability or (ii) following at least fifteen years of service with any such law-enforcement agency, board or any combination thereof, other than a person terminated for cause, provided such officer carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the last such agency from which the officer retired or, in the case of special agents, issued by the State Corporation Commission or the Alcoholic Beverage Control Board. A copy of the proof of consultation and favorable review shall be forwarded by the chief or the Board to the Department of State Police for entry into the Virginia Criminal Information Network. The chief law-enforcement officer shall not without cause withhold such written proof if the retired law-enforcement officer otherwise meets the requirements of this section.

For purposes of applying the reciprocity provisions of subsection P, any person granted the privilege to carry a concealed handgun pursuant to this subdivision, while carrying the proof of consultation and favorable review required, shall be deemed to have been issued a concealed handgun permit.

Continued-
Link Posted: 3/20/2003 6:45:51 PM EDT
[Last Edit: 3/20/2003 7:14:15 PM EDT by VA-gunnut]

C. This section shall also not apply to any of the following individuals while in the discharge of their official duties, or while in transit to or from such duties:

1. Carriers of the United States mail;

2. Officers or guards of any state correctional institution;

3. [Repealed.]

4. Conservators of the peace, except that the following conservators of the peace shall not be permitted to carry a concealed handgun 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; or (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 Criminal Investigative Service; and

8. Harbormaster of the City of Hopewell.

D. Any person twenty-one years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he resides, 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 permit to carry a concealed handgun. Notwithstanding § 15.2-915, a county or city may enact an ordinance that requires any applicant for a concealed handgun permit to submit to fingerprinting for the purpose of obtaining the applicant's state or national criminal history record. 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 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. As a condition for issuance of a concealed handgun permit, the applicant shall submit to fingerprinting if required by local ordinance in the county or city where the applicant resides and provide personal descriptive information to be forwarded with the fingerprints through the Central Criminal Records Exchange to the 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. Where feasible and practical, the local law-enforcement agency may transfer information electronically to the State Police instead of inked fingerprint cards. Upon completion of the criminal history records check, the State Police shall return the fingerprint cards to the submitting local agency or, in the case of scanned fingerprints, destroy the electronic record. The local agency shall then promptly notify the person that he has twenty-one days from the date of the notice to request return of the fingerprint cards, if any. All fingerprint cards not claimed by the applicant within twenty-one days of notification by the local agency shall be destroyed. All optically scanned fingerprints shall be destroyed upon completion of the criminal history records check without requiring that the applicant be notified. Fingerprints taken for the purposes described in this section shall not be copied, held or used for any other purposes. The court shall issue the permit within forty-five days of receipt of the completed application unless it is determined that the applicant is disqualified. An application is deemed complete when all information required to be furnished by the applicant 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. If the applicant is later found by the court to be disqualified, the permit shall be revoked.

Continued-
Link Posted: 3/20/2003 6:46:53 PM EDT
[Last Edit: 3/20/2003 7:14:46 PM EDT by VA-gunnut]

E. 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 former § 37.1-134.1 or § 37.1-134.16 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 or reckless driving shall not be considered for purposes of this disqualification.

8. An individual who is addicted to, or is an unlawful user or distributor of, marijuana or any controlled substance.

9. An individual who has been convicted of a violation of § 18.2-266 or a substantially similar local ordinance or of public drunkenness within the three-year period immediately preceding the application, or who is a habitual drunkard as determined pursuant to § 4.1-333.

10. An alien other than an alien lawfully admitted for permanent residence in the United States.

11. An individual who has been discharged from the Armed Forces of the United States under dishonorable conditions.

12. An individual who is a fugitive from justice.

13. An individual who it is alleged, in a sworn written statement submitted to the court by the sheriff, chief of police or attorney for the Commonwealth in the opinion of such sheriff, chief of police or attorney for the Commonwealth, is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police or the attorney for the Commonwealth shall be based upon personal knowledge or upon the sworn written statement of a competent person having personal knowledge.

14. An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 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 which would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories. For purposes of this disqualifier, only convictions occurring within sixteen years following the later of the date of (i) the conviction or adjudication or (ii) release from any incarceration imposed upon such conviction or adjudication shall be deemed to be "previous convictions."

17. An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15.

18. An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.

19. An individual not otherwise ineligible pursuant to this section, 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.) of Chapter 7 of this title or of a criminal offense of illegal possession or distribution of marijuana 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 section, 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.) of Chapter 7 of this title or upon a charge of illegal possession or distribution of marijuana 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.

Continued-
Link Posted: 3/20/2003 6:48:48 PM EDT
[Last Edit: 3/20/2003 7:15:22 PM EDT by VA-gunnut]

F. The making of a materially false statement in an application under this section shall constitute perjury, punishable as provided in § 18.2-434.

G. The court may further require proof that the applicant has demonstrated competence with a handgun and the applicant may demonstrate such competence by one of the following, but no applicant shall be required to submit to any additional demonstration of competence:

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 this Commonwealth or a locality thereof, unless such license has been revoked for cause;

7. Completing any firearms training or safety course or class conducted by a state-certified or National Rifle Association-certified firearms instructor;

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 which shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this subsection.

H. The permit to carry a concealed handgun shall specify 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, or of the clerk of court who has been authorized to sign such permits by the issuing judge; the date of issuance; and the expiration date. The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and must display the permit and a photo-identification issued by a government agency of the Commonwealth or by the United States Department of Defense or United States State Department (passport) upon demand by a law-enforcement officer.

I. Persons who previously have held a concealed handgun permit shall be issued, upon application as provided in subsection D, a new five-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, the clerk shall provide the person with notice, in writing, of his right to an ore tenus hearing. Upon request of the applicant made within twenty-one 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.

J. Any person convicted of an offense that would disqualify that person from obtaining a permit under subsection E or who violates subsection F shall forfeit his permit for a concealed handgun and surrender it to the court. Upon receipt by the Central Criminal Records Exchange of a record of the arrest, conviction or occurrence of any other event which would disqualify a person from obtaining a concealed handgun permit under subsection E, the Central Criminal Records Exchange shall notify the court having issued the permit of such disqualifying arrest, conviction or other event.

J1. 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, shall be 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 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.

J2. An individual who has a felony charge pending or a charge pending for an offense listed in subdivision E 14 or E 15, 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 which issued the permit.

J3. No person shall carry 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 of the Code of Virginia; however, nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit.

J4. 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, who holds a concealed handgun permit, may have the permit suspended by the court which issued the permit during the period of incompetency, incapacity or disability.

Continued-
Link Posted: 3/20/2003 6:49:43 PM EDT
[Last Edit: 3/20/2003 7:15:56 PM EDT by VA-gunnut]

K. No fee shall be charged for the issuance of such permit to a person who has retired from service (i) as a magistrate in the Commonwealth; (ii) 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, after completing fifteen years of service or after reaching age fifty-five; (iii) as a law-enforcement officer with the United States Federal Bureau of Investigation, Bureau of Alcohol, Tobacco and Firearms, Secret Service Agency, Drug Enforcement Administration, Immigration and Naturalization Service, Customs Service, Department of State Diplomatic Security Service or Naval Criminal Investigative Service, after completing fifteen years of service or after reaching age fifty-five; (iv) 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 fifteen years of service; or (v) as a law-enforcement officer with any combination of the agencies listed in clauses (ii) through (iv), after completing fifteen years of service. The clerk shall charge a fee of ten dollars for the processing of an application or issuing of a permit, including his costs associated with the consultation with law-enforcement agencies. The local law-enforcement agency conducting the background investigation may charge a fee not to exceed thirty-five dollars to cover the cost of conducting an investigation pursuant to this section. The thirty-five-dollar fee shall include any amount assessed by the Federal Bureau of Investigation for providing criminal history record information, and the local law-enforcement agency shall forward the amount assessed by the Federal Bureau of Investigation to the State Police with the fingerprints taken from the applicant. The State Police may charge a fee not to exceed five dollars to cover their costs associated with processing the application. The total amount assessed for processing an application for a permit shall not exceed fifty dollars, with such fees to be paid in one sum to the person who accepts the application. Payment may be made by any method accepted by that court for payment of other fees or penalties. No payment shall be required until the application is accepted by the court as a complete application. The order issuing such permit shall be provided to the State Police and the law-enforcement agencies of the county or city. The State Police shall enter the permittee's name and description in the Virginia Criminal Information Network so that the permit's existence and current status will be made known to law-enforcement personnel accessing the Network for investigative purposes.

L. Any person denied a permit to carry a concealed handgun under the provisions of this section may present a petition for review to the Court of Appeals. The petition for review shall be filed within sixty days of the expiration of the time for requesting an ore tenus hearing pursuant to subsection I, or if an ore tenus hearing is requested, within sixty 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 § 17.1-410 B, the decision of the Court of Appeals or judge shall be final. Notwithstanding any other provision of law, if the decision to deny the permit is reversed upon appeal, taxable costs incurred by the person shall be paid by the Commonwealth.

M. For purposes of this section:

"Handgun" means any pistol or revolver or other firearm, except a machine gun, originally designed, made and intended to fire a projectile by means of an explosion of a combustible material from one or more barrels when held in one hand.

"Lawfully admitted for permanent residence" means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.

N. As used in this article:

"Ballistic knife" means any knife with a detachable blade that is propelled by a spring-operated mechanism.

"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.

O. The granting of a concealed handgun permit 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.

P. A valid concealed handgun permit or license issued by another state shall be valid in the Commonwealth, provided (i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible twenty-four hours a day, (ii) the requirements and qualifications of that state's law are adequate to prevent possession of a permit by persons who would be denied a permit in the Commonwealth under this section. The Superintendent of State Police shall (a) in consultation with the Office of the Attorney General determine whether states meet the requirements and qualifications of this section, (b) maintain a registry of such states on the Virginia Criminal Information Network (VCIN), and (c) make the registry available to law-enforcement officers for investigative purposes.

Q. A valid concealed handgun permit issued by the State of Maryland shall be valid in the Commonwealth provided, (i) the holder of the permit is licensed in the State of Maryland to perform duties substantially similar to those performed by Virginia branch pilots licensed pursuant to Chapter 9 (§ 54.1-900 et seq.) of Title 54.1 and is performing such duties while in the Commonwealth, and (ii) the holder of the permit is 21 years of age or older.

R. The provisions of this statute or the application thereof to any person or circumstances which are held invalid shall not affect the validity of other provisions or applications of this statute which can be given effect without the invalid provisions or applications. This subsection is to reiterate § 1-17.1 and is not meant to add to or delete from that provision.
Link Posted: 3/20/2003 6:58:29 PM EDT
[Last Edit: 3/20/2003 7:18:53 PM EDT by VA-gunnut]
This one isn't as long.


§ 18.2-287. Counties may regulate carrying of loaded firearms on public highways.

The governing body of any county is hereby empowered to adopt ordinances making it unlawful for any person to carry or have in his possession while on any part of a public highway within such county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking; and to provide a penalty for violation of such ordinance not to exceed a fine of $100. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles, nor to persons acting at the time in defense of persons or property.
Link Posted: 3/20/2003 7:01:36 PM EDT
[Last Edit: 3/20/2003 7:18:01 PM EDT by VA-gunnut]

§ 18.2-287.1. Transporting a loaded rifle or shotgun.

The governing body of any county or city is hereby empowered to adopt ordinances making it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Game wardens, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect.

The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.
Link Posted: 3/20/2003 7:04:18 PM EDT
[Last Edit: 3/20/2003 7:19:36 PM EDT by VA-gunnut]

§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.

It shall be unlawful for any person to carry a loaded firearm on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public (i) in any city with a population of 160,000 or more or (ii) in any county having an urban county executive form of government or any county or city surrounded thereby or adjacent thereto or in any county having a county manager form of government. The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid permit to carry such firearm or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

For purposes of this section, "firearm" means any (i) semi-automatic center-fire rifle or pistol which expels a projectile by action of an explosion and is equipped at the time of the offense with a magazine which will hold more than twenty rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered.

Any firearm carried in violation of this section may be forfeited to the Commonwealth pursuant to the provisions of § 18.2-310.

The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.
Link Posted: 3/20/2003 7:06:40 PM EDT
[Last Edit: 3/20/2003 7:20:22 PM EDT by VA-gunnut]
§ 18.2-295. Registration of machine guns.

Every machine gun in this Commonwealth shall be registered with the Department of State Police within twenty-four hours after its acquisition or, in the case of semi-automatic weapons which are converted, modified or otherwise altered to become machine guns, within twenty-four hours of the conversion, modification or alteration. Blanks for registration shall be prepared by the Superintendent of State Police, and furnished upon application. To comply with this section the application as filed shall be notarized and shall show the model and serial number of the gun, the name, address and occupation of the person in possession, and from whom and the purpose for which, the gun was acquired or altered. The Superintendent of State Police shall upon registration required in this section forthwith furnish the registrant with a certificate of registration, which shall be valid as long as the registrant remains the same. Certificates of registration shall be retained by the registrant and produced by him upon demand by any peace officer. Failure to keep or produce such certificate for inspection shall be a Class 3 misdemeanor, and any peace officer, may without warrant, seize the machine gun and apply for its confiscation as provided in § 18.2-296. Upon transferring a registered machine gun, the transferor shall forthwith notify the Superintendent in writing, setting forth the date of transfer and name and address of the transferee. Failure to give the required notification shall constitute a Class 3 misdemeanor. Registration data shall not be subject to inspection by the public.
Link Posted: 3/20/2003 8:39:13 PM EDT
Link Posted: 3/21/2003 3:49:44 AM EDT

Originally Posted By Cougar8045:
VA State Police Firearm Info



Your link wasn't working.

www.vsp.state.va.us/cjis_ftc.htm
Link Posted: 3/21/2003 4:02:54 PM EDT
[Last Edit: 3/21/2003 4:05:12 PM EDT by VA-gunnut]
I decided to include some info for you NOVA folks in the Fairfax area.

Fairfax Municipal Code:
Section 6-3-6. Application for acquisition of pistol; procedure.

(a) Any person desiring to purchase, borrow, rent or otherwise acquire a pistol from a licensed dealer shall make application on forms provided by the Chief of Police, which shall be signed in duplicate by such person stating his full name, address, occupation, place and date of birth, the date and hour of application and a statement that he has never been convicted in this state or elsewhere of a crime of violence, that he is not an habitual drunkard or a drug addict and that he has never been committed to an institution for treatment of mental illness from which he has not been discharged for a period of three (3) years prior to the date of his application to purchase a pistol.

(b) Within eight (8) hours after receipt of such application, the licensed dealer who proposes to sell a pistol shall sign and attach his address and mail or deliver one (1) copy of such statement to the Chief of Police. A duplicate of the application shall be retained by the dealer for six (6) years. It shall be mandatory for the Chief of Police, within ten (10) days from receipt of application, to destroy all records of such application.

Section 6-3-7. Waiting period required prior to delivery of pistol to purchaser.

No licensed dealer shall deliver any pistol to the purchaser thereof until seventy-two (72) hours, excluding Saturdays, Sundays, and holidays, shall have elapsed from the time the application has been received by the Chief of Police. The Chief of Police shall cause a postal card to be mailed to the dealer on the same day the application is received in his office stating the time and date the application was received.


Link Posted: 3/21/2003 4:08:08 PM EDT
[Last Edit: 3/21/2003 4:09:38 PM EDT by VA-gunnut]
Fairfax County Municipal Code:

Section 6-3-8. Prohibiting delivery of pistol from dealer to applicant; grounds, notices.

(a) If, within the seventy-two (72) hour period, the Chief of Police shall inform, in writing, which shall not be privileged, the licensed dealer who proposes to sell the pistol that the applicant to purchase such pistol is (1) under the age of eighteen (18) years, (2) a person who has been committed to an institution for treatment of mental illness or drug addiction and has not been discharged therefrom for a period of three (3) years preceding the date of such application. (3) has been convicted of a crime of violence or (4) is an habitual drunkard, it shall be unlawful for the dealer to deliver the pistol to the applicant.

(b) A copy of the letter of denial of the Chief of Police shall be furnished the applicant by the licensed dealer.

Section 6-3-9. Applicant may appeal refusal to deliver pistol; procedure.

Any person may apply, within ten (10) days after receipt of the letter of denial by the Chief of Police, to the circuit court of the County for a review of the denial. The court may confirm that the statement contained in the letter of denial of the Chief of Police is true or that it is erroneous. If erroneous, then the licensed dealer who proposes to sell the pistol may complete the transaction. In the case of an application for registration by a licensed dealer, a certified copy of the finding of the court that information set forth in such writing by the Director is erroneous shall require the Director to endorse the registration statement.





Link Posted: 3/21/2003 4:26:45 PM EDT
Virginia Beach Codes:

Sec. 38-6. Permit prerequisite to purchase of certain weapons.

(a) No licensed importer, licensed manufacturer or licensed dealer shall sell, lease, rent, give or otherwise furnish to any person within the city any pistol, revolver or similar type of handgun unless a permit granted by the chief of police, or such other officer of the police department as may be designated in writing by the chief of police, is presented authorizing the holder of such permit to acquire such weapon. This section shall not apply to the rental of pistols, revolvers or other handguns by licensed importers, licensed manufacturers or licensed dealers that are to be used solely on the premises of said importers, manufacturers or dealers. This section shall not apply to transactions between licensed importers, licensed manufacturers or licensed dealers. This section shall not apply to sales or trade-ins of pistols, revolvers or other handguns from individuals to licensed importers, licensed manufacturers or licensed dealers, or to sales, trades or any transfers of pistols, revolvers or other handguns between individuals. Such permit shall be surrendered to the licensed importer, licensed manufacturer or licensed dealer furnishing such weapon, who shall preserve it for inspection, upon request, by the police of the city.

(1) The term "licensed importer" shall mean any person engaged in the business of importing or bringing firearms into the United States for the purpose of sale or distribution who is licensed under either the provisions of title 18 USC section 921 et seq., or the provisions of this Code.

(2) The term "licensed manufacturer" shall mean any person engaged in the manufacturing of firearms for purposes of sale or distribution who is licensed under either the provisions of title 18 USC section 921 et seq., or the provisions of this Code.

(3) The term "licensed dealer" shall mean:

a. Any person engaged in the business of selling firearms at wholesale or retail,

b. Any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks or trigger mechanisms to firearms, or

c. Any person who is a pawnbroker, and who is licensed under either the provisions of 18 USC section 921 et seq., or the provisions of this Code.

(4) The term "pawnbroker" shall mean any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the payment or repayment of money.

(b) No permit required by subsection (a) above shall be issued to:

(1) Any person under the age of twenty-one (21) years;

(2) Any convicted felon;

(3) Any person under indictment or information for a felony;

(4) Any person who at the time of application is charged with a crime involving violence;

(5) Any person who has been found not guilty of a felony on the basis of insanity;

(6) Any person who is a fugitive from justice;

(7) Any person who presently is an unlawful user of, or addicted to, marijuana, a depressant, stimulant or narcotic drugs; and

(8) Any person who has been committed to a mental institution.

(c) Every applicant for a permit required by this section shall pay to the city treasurer an application fee of five dollars ($5.00). This fee shall not be charged to sworn police officers of the city.

(d) A violation of this section shall constitute a Class 1 misdemeanor.









Link Posted: 3/21/2003 4:29:04 PM EDT
[Last Edit: 3/21/2003 4:33:25 PM EDT by VA-gunnut]
Virginia Beach Code:

Sec. 38-7. Sale, delivery, etc., of blackjacks, metal knucks, switchblade knives and similar weapons.

If a person sells or barters, or exhibits for sale or for barter, or gives or furnishes, or causes to be sold, bartered, given or furnished, or has in his possession or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, any disc of whatever configuration having at least two (2) points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, switchblade knife or like weapons, such person shall be prima guilty of a Class 4 misdemeanor. The having in one's possession of any such weapon shall be facie evidence, except in the case of a conservator of the peace, of the intent to sell, barter, give or furnish the same.


I found this one interesting.

Sec. 38-2. Processing fee to be paid by applicant for permit to carry concealed weapon.

In addition to any fee charged by the clerk of the circuit court of the city for issuance of a permit to carry a concealed weapon pursuant to section 18.2-308 of the Code of Virginia, each person filing an application for such permit shall pay to the city treasurer the sum of three dollars ($3.00) for services rendered in processing such application.


Link Posted: 3/21/2003 7:07:56 PM EDT

Originally Posted By VA-gunnut:
Virginia Beach Code:

(portion snipped by Squib)

I found this one interesting.

Sec. 38-2. Processing fee to be paid by applicant for permit to carry concealed weapon.

In addition to any fee charged by the clerk of the circuit court of the city for issuance of a permit to carry a concealed weapon pursuant to section 18.2-308 of the Code of Virginia, each person filing an application for such permit shall pay to the city treasurer the sum of three dollars ($3.00) for services rendered in processing such application.



Very interesting. Although I'm too lazy to look now, I'm assuming they already charge the full $50 for the application. It looks like someone has a shaky method of skirting the law.
Link Posted: 3/22/2003 7:21:40 AM EDT
So whos going to read this any tell me what it says
Link Posted: 3/22/2003 8:03:09 PM EDT
Squib, basically it seems that VA Beach is just hitting those people up for the extra $3 for a permit.

CMy, you are just plain silly!
Link Posted: 3/22/2003 8:06:41 PM EDT
Richmond Municipal Code:

Sec. 20-149. Sale or exchange.

No person shall sell or exchange within the City limits any pistol, dirk, Bowie knife, slung shot, switchblade knife or any weapon of a like kind, or pistol or rifle ammunition, unless and until such person shall first have obtained a permit to be granted by the Chief of Police to sell or exchange such weapon. Such permit shall be exhibited to the person to whom such weapon is sold or exchanged, and on request shall be exhibited for inspection by any police officer of the City.

Sec. 20-150. Purchase--Permit.

No person shall purchase, or otherwise procure as personal property or for temporary use any pistol, dirk, bowie knife, sling shot, switchblade knife or any weapon of a like kind, or pistol or rifle ammunition, unless and until such person shall procure a permit from the Chief of Police granting permission to make such purchase or to procure the same for use as aforesaid, which permit shall be filed with the person from whom such purchase or exchange is made; provided, that nothing in this section shall apply to the sale or exchange of low-power rifles or rifle ammunition known or designated as 22-calibre, commonly used for target practice purposes.

Link Posted: 3/22/2003 8:09:19 PM EDT
[Last Edit: 3/22/2003 8:10:27 PM EDT by VA-gunnut]
Richmond Municipal Code:

Sec. 20-151. Same--Waiting period for pistol or handgun.

When the permit provided for in Section 20-150, above, is for the purchase or procurement of a pistol or a handgun, the Chief of Police shall not issue such permit for a period of fifteen (15) days from the date of the filing of an application for such permit provided the Chief of Police shall waive the requirement of such fifteen-day waiting period upon a showing by the applicant that the permit is for the purchase or procurement of an antique pistol or handgun. For the purposes of this section "antique pistol or handgun" shall mean any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar ignition system) manufactured in or before 1898, or any replica of a firearm as described above provided that it was not designed or has not been redesigned to fire rim fire or conventional center fire fixed cartridges, unless it uses rim fire or center fire cartridges not now manufactured in the United States or which are not readily available in the ordinary channels of commercial trade.

Sec. 20-154. Clasp knives.

It shall be unlawful for any person to have in such person's possession, or to offer or sell, or to sell a clasp knife having a blade more than three and one-quarter (3 1/4) inches in length.


Link Posted: 3/22/2003 8:16:36 PM EDT
[Last Edit: 3/22/2003 8:19:12 PM EDT by VA-gunnut]
Richmond Municipal Code:

Sec. 20-155. Disposition of certain unclaimed weapons.

The Chief of Police is hereby authorized to dispose of all unclaimed rifles, shotguns, pistols, revolvers, BB guns, knives and other similar weapons held by and coming into the possession of the Department of Police, either through public sale through the Department of General Services or by consigning to any agency of the City for use of the unclaimed property as a whole or to be condemned and dismantled for the usable parts.

Sec. 20-159. Negligent storage of loaded firearms.

If any person keeps or stores a loaded firearm without taking reasonable precaution to keep it from the possession of minors, and if a minor who is the child or legal ward of that person thereby obtains possession of that firearm and causes injury or death by its discharge, then that person shall be guilty of a Class 1 misdemeanor.

Sec. 20-160. Transporting loaded shotgun or rifle.

(a) It shall be unlawful for any person to transport, possess or carry a loaded shotgun or a loaded rifle in any vehicle on any public street, road or highway. Violations of this section shall be punishable by a fine of not more than one hundred dollars ($100.00).

(b) The provisions of this section shall not apply to duly authorized law-enforcement officers, or to military personnel in the performance of their lawful duties, nor to any person demonstrating a reasonable belief that such rifle or shotgun is necessary to assure personal safety in the course of employment or business.









Link Posted: 3/22/2003 8:23:40 PM EDT
Richmond Municipal Code:

Sec. 20-171. Establishment of training program.

The Chief of Police shall establish as of July 1, 1985, a program to offer training to citizens of the City in the safe handling and firing of handguns and other firearms.

Sec. 20-174. Charges for training program.

The Chief of Police shall fix the fees to be charged each participant for receiving training in the handling and firing of handguns and other firearms at such sum as shall enable the City to recover the estimated direct cost to be incurred in training. The instructors for the program shall be volunteers, and appropriate public and private firing ranges and available facilities, within and outside of the City limits, including classroom space, shall be used for such training. A person enrolling in a class shall be responsible for providing such firearms as such person desires to receive instruction in its handling and firing, and such person must also either furnish ammunition to be used in the training program or reimburse the City for any ammunition provided by the City.



Link Posted: 3/24/2003 6:04:24 PM EDT
The mayor of Virginia Beach is a little old Jwish lady who's about 4'11" tall. We often remark that she runs that place like a Nazi prison camp. She may be a bitch, but you don't want to be on her bad side IMHO.
Link Posted: 3/28/2003 6:38:07 AM EDT
This one is important, and will go into effect on June 1st. Because of this bill, many of the municipal laws above will become unenforceable (except laws regulating purchase)!

§ 15.2-915. Control of firearms.

From and after January 1, 1987, no locality shall adopt any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall affect the validity or invalidity of any ordinance, resolution or motion adopted prior to January 1, 1987. Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101 from acting within the scope of his duties. No person may be prosecuted or convicted of a violation of any ordinance regulating the possession, carrying, or transportation of a firearm if he is (i) possessing, carrying, or transporting the firearm without violating any provision of Title 18.2 and he has a valid concealed handgun permit issued pursuant to § 18.2-308 or (ii) otherwise transporting the firearm in a lawful manner.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.

Link Posted: 4/7/2003 6:26:34 PM EDT
State Code:

§ 18.2-308.8. Importation, sale, possession or transfer of Striker 12's prohibited; penalty.

It shall be unlawful for any person to import, sell, possess or transfer the following firearms: the Striker 12, commonly called a "streetsweeper," or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding twelve shotgun shells. A violation of this section shall be punishable as a Class 6 felony.
Link Posted: 5/26/2003 2:32:04 PM EDT
Does this provision mean that a VA CCW can carry concealed in MD?


Q. A valid concealed handgun permit issued by the State of Maryland shall be valid in the Commonwealth provided, (i) the holder of the permit is licensed in the State of Maryland to perform duties substantially similar to those performed by Virginia branch pilots licensed pursuant to Chapter 9 (§ 54.1-900 et seq.) of Title 54.1 and is performing such duties while in the Commonwealth, and (ii) the holder of the permit is 21 years of age or older.
Link Posted: 5/26/2003 2:58:18 PM EDT

Originally Posted By W-W:
Does this provision mean that a VA CCW can carry concealed in MD?


Q. A valid concealed handgun permit issued by the State of Maryland shall be valid in the Commonwealth provided, (i) the holder of the permit is licensed in the State of Maryland to perform duties substantially similar to those performed by Virginia branch pilots licensed pursuant to Chapter 9 (§ 54.1-900 et seq.) of Title 54.1 and is performing such duties while in the Commonwealth, and (ii) the holder of the permit is 21 years of age or older.



This section isn't refering to all persons from MD who may have a CCW. I don't even know if MD issues CCW to people who live in the state. The code section is refering to only people from MD who perform duties in MD that may be similar to Branch Pilots in this state. Plus they must be performing those duties, they just can't be here on vacation and carrying their gun.

§ 54.1-900. Definitions.

For the purposes of this chapter, unless the context requires a different meaning:

"Board" means the Board for Branch Pilots.

"Branch pilots" means pilots who have qualified and been licensed in accordance with the provisions of § 54.1-905.

"Limited branch pilots" means pilots who have qualified and been licensed in accordance with the provisions of § 54.1-909.

"Pilot" means branch pilot and limited branch pilot.

(Code 1950, § 54-525; 1988, c. 765.)
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