Date: Mon, 6 Mar 1995 01:30:16 -0500
From: alerts@gatekeeper.nra.org (NRA Alerts)
To: firearms-alert@shell.portal.com
Subject: UPDATE: VA - Summary of Right-to-Carry Reform Bill


March 3, 1995

Virginia

         SUMMARY OF VIRGINIA RIGHT TO CARRY REFORM BILL

     Senate Bill 744, the right-to-carry reform bill sponsored by
Sen. Virgil Goode which passed the legislature in February, was
designed to address the problem of judicial discretion which has
lead to the denial of carry permits to law-abiding citizens,
specifically in Northern Virginia, Norfolk and the Richmond areas. 
By removing the vague language in current statute requiring
applicants to be of "good character" and a requirement that
applicants "demonstrate a need" to carry, Senate Bill 744 was
successful in addressing that problem.  Upon signature, this new
law is expected to take effect July 1, 1995.

     This issuing authority for permits has not changed. 
Applicants must still apply for permits through the clerk of the
circuit court of the county or city in which they reside.  The
court "shall issue" permits to carry handguns to all qualified
applicants 21 years or older within 45 days of receiving the
application.  Any permit issued prior to July 1, 1996, shall be
issued within 90 days of receipt of the application.  Permits are
valid for two years and permit fees shall not exceed $50.  The
permit shall contain a color photo of the permittee and the name,
address, date of birth, gender, social security number, height,
weight, color of hair, eyes and signature of the permittee and
judge issuing the permit, and the expiration date.  The person
issued the permit shall have the permit on his or her person at all
times when carrying a concealed handgun and must display the permit
and proper identification upon demand by a law-enforcement officer.

     An applicant will be denied a permit if he or she is
prohibited from purchasing, possessing or transporting a firearm
under federal or state law -- including but not limited to any
person who is a convicted felon, has a felony charge pending or is
a fugitive from justice; any person who is the subject of a
protective or restraining order; any person who has been
adjudicated incompetent and has not had his or her competency or
capacity restored more than five years prior to the date of
application; any person who is an unlawful user or distribtor of,
or who is addicted to, marijuana or any controlled substance; any
person who is a habitual drunkard; any person who is an illegal
alien; any person who has been dishonorably discharged from the
U.S. armed forces; any person who has received mental health or
substance abuse treatment in a residential setting in the last five
years; any person who has been convicted of assault, assault and
battery, sexual battery, unlawfully discharging or brandishing of
a firearm, stalking or obstruction of free passage within the
three-year period prior to application; any person who has been
convicted of two or more misdemeanors within the three-year period
immediately preceding application (excluding traffic infractions or
reckless driving violations); or any person alleged -- in a sworn
written statement submitted to the court by the local sheriff,
chief of police, or Commonwealth's Attorney -- to intend to use the
weapon unlawfully or negligently to harm others.

     The court may require proof that the applicant has
demonstrated competence with a handgun.  The applicant may
demonstrate such competence by completing or having completed a
firearm training course offered by NRA, the state or a firearms
training school; participation in an organized shooting competition
or military service; or having previously held a concealed carry
license.

     A person denied a permit may, within 30 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.  The bill states
that if the decision to deny an applicant a permit is later
reversed upon appeal, the taxable costs incurred by the applicant
shall be paid by the Commonwealth.

     NRA-ILA will work to address concerns with certain aspects of
this legislation during the veto session or in subsequent
legislative sessions, particularly provisions relating to the
disqualification for misdemeanor convictions and an amendment which
banned carrying in any place of business or at a special event
where a license to sell alcohol has been granted by Virginia ABC.

(Please direct any further questions on this legislation to the
Office of General Counsel at (703) 267-1250.)