Date: Thu, 20 Apr 1995 10:30:36 -0400 From: alerts@gatekeeper.nra.org (NRA Alerts) To: firearms-alert@shell.portal.com Subject: INFO: VA - Summary of Right-to-Carry Reform Bill April 18, 1995 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 led to the denial of carry permits to law-abiding citizens in over half of the jurisdictions, including the Northern Virginia, Norfolk and 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 fixing that problem. Upon signature, the new law will 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 the permittee's 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 (or the signature of the Clerk of Court who has been authorized to sign permits by the issuing judge), and the expiration date. The person issued the permit must have the permit and proper photo identification 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 distributor 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, a DUI or other alcohol-related charge within the three-year period immediately preceding the application for a permit; any person who has been convicted of two or more misdemeanors, one of which is a Class 1 misdemeanor, within the three-year period immediately preceding application (excluding traffic infractions or reckless driving violations); or any person who it is alleged -- in a sworn written statement submitted to the court by the local sheriff, chief of police, or Commonwealth's Attorney -- is likely 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; a hunter safety or hunter education course approved by the Department of Game & Inland Fisheries or a similar agency of another state; participation in an organized shooting competition or military service; or having previously held a concealed carry license. The granting of a permit does not allow the permittee to carry a handgun concealed in ABC-licensed establishments or events where alcohol is sold for on-premises consumption, or any other places prohibited by federal or state law. A permittee would still be able to carry concealed in places where alcohol is sold only for off-premises consumption. 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. (Please direct any further questions on this legislation to the Office of General Counsel at (703) 267-1250.) =+=+=+=+ This information is provided as a service of the National Rifle Association Institute for Legislative Action, Fairfax, VA. This and other information on the Second Amendment and the NRA is available at any of the following URL's: http://WWW.NRA.Org, gopher://GOPHER.NRA.Org, wais://WAIS.NRA.Org, ftp://FTP.NRA.Org, mailto:LISTPROC@NRA.Org (Send the word help as the body of a message) Information may also be obtained by connecting directly to the NRA-ILA GUN-TALK Bulletin Board System at (703) 934-2121.