Virginia Legislative Update—What Are the Latest Gun Laws?

Virginia Legislative Update transcript

Hi, Ed Riley here again, U.S. LawShield® Independent Program Attorney for Virginia.

Today, we’re going to talk about some of the updates in the law with respect to firearms, that went into effect in Virginia on July 1 of 2017.

virginia legislative update
Independent Program Attorney Ed Riley

First one of those is § 18.2-308.2, which speaks specifically to whether a violent felon or any felon can possess a firearm. The change in that statute allows a nonviolent felon to possess an antique firearm or muzzle loader or up to five pounds of black powder, as long as it’s being used for sporting purposes.

A second area of change involves schools. Typically you cannot carry a firearm in a school. However, this change affects school security officers. And if you look to § 22.1-280.1:2, the main change is that if you are retired law enforcement officer, you can carry a gun, and there’s some other changes that involve training as well.

The third area of change is the concealed handgun permit itself. No longer is it required to have an application done under oath before a notary.

Now you need to have an official form of ID issued by the Commonwealth of Virginia, or it can be the Department of Defense, or a passport. Also changed was that the actual size of the permit shall be the size of Virginia driver’s license, and it may be laminated. Additionally, the change-of-address requirement for the permit has been changed to allow you to fill out a Virginia State Police form and submit that to the court for a re-issuance of the change-of-address permit.

The last area of change to the actual permit process is renewal. If a clerk has an electronic system as part of their renewal process then they may use that electronic system for notice with respect to when renewal can occur.

The final area of change from this session involves people who have had their rights to possess, purchase, or transport a firearm taken away because of mental health issues. These come under Virginia Code Sections § 18.2-308.1:1, :2, and :3. And the specific change is that, if you are an out-of-state resident, you can now petition the general district court where those rights were last removed.

 

Back to School: Firearms Laws You Need to Know in Virginia

 

3 comments on “Virginia Legislative Update—What Are the Latest Gun Laws?

    • U.S. & Texas LawShield Admin says:

      Hi Tom. Thanks for your question! Please see the response below from one of our Independent Program Attorneys in Virginia.

      A member can renew the resident CHP at any time after expiration. The renewal form is available online through VSP. Member may mail the application and fee to his local circuit court where he is a resident.

      Permit Renewal – VA Code Section 18.2-308.010
      Persons who previously have held a Virginia resident permit shall be issued, upon application, a new five-year permit unless there is good cause shown for refusing to reissue a permit. The same fees and time constraints apply in the instance of renewal. Persons who previously have been issued a concealed handgun permit are not required to appear in person to apply for a new five-year permit; the application for the new permit may be submitted via the United States mail. The circuit court that receives the application shall promptly notify the applicant if the application is incomplete or if the fee submitted is incorrect.
      If the new five-year permit is issued while an existing permit remains valid, the new five-year permit shall become effective upon the expiration date of the existing permit, provided that the application is received by the court at least 90 days but no more than 180 days prior to the expiration of the existing permit.
      If a permit holder is a member of the Virginia National Guard, Armed Forces of the United States, or the Armed Forces reserves of the United States, and his five-year permit expires during an active-duty military deployment outside of the permittee’s county or city of residence, such permit shall remain valid for 90 days after the end date of the deployment. In order to establish proof of continued validity of the permit, such a 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.

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