19101846D
<br><center><b>HOUSE BILL NO. 2253 </b></center>

<center>House Amendments in [ ] -- January 25, 2019</center>

<i>A BILL to amend and reenact &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.06">18.2-308.06</a> of the Code of
Virginia, relating to nonresident concealed handgun permits; time of issuance.</i>

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<center>Patron Prior to Engrossment--Delegate Pogge </center>

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<center>Referred to Committee on Militia, Police and Public Safety </center>

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<p>Be it enacted by the General Assembly of Virginia:</p>

<p>1. That &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.06">18.2-308.06</a> of the Code of Virginia is amended and
reenacted as follows:</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.06">18.2-308.06</a>. Nonresident concealed handgun permits.</p>

<p>A. Nonresidents of the Commonwealth 21 years of age or older
may apply in writing to the Virginia Department of State Police for a five-year
permit to carry a concealed handgun. The applicant shall submit a photocopy of
one valid form of photo identification issued by a governmental agency of the
applicant's state of residency or by the U.S. Department of Defense or U.S.
State Department (passport). Every applicant for a nonresident concealed
handgun permit shall also submit two photographs of a type and kind specified
by the Department of State Police for inclusion on the permit and shall submit
fingerprints on a card provided by the Department of State Police for the
purpose of obtaining the applicant's state or national criminal history record.
As a condition for issuance of a concealed handgun permit, the applicant shall
submit to fingerprinting by his local or state law-enforcement agency and
provide personal descriptive information to be forwarded with the fingerprints
through the Central Criminal Records Exchange to the U.S. 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. The application shall be on a form provided by the
Department of State Police, requiring only that information necessary to
determine eligibility for the permit. If the permittee is later found by the
Department of State Police to be disqualified, the permit shall be revoked and
the person shall return the permit after being so notified by the Department of
State Police. The permit requirement and restriction provisions of subsection C
of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.02">18.2-308.02</a> and &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.09">18.2-308.09</a> shall apply, mutatis mutandis, to the
provisions of this subsection.</p>

<p>B. The applicant shall demonstrate competence with a handgun
by one of the following:</p>

<p>1. Completing a hunter education or hunter safety course
approved by the Virginia Department of Game and Inland Fisheries or a similar
agency of another state;</p>

<p>2. Completing any National Rifle Association firearms safety
or training course;</p>

<p>3. Completing any firearms safety or training course or class
available to the general public offered by a law-enforcement agency,
institution of higher education, 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 or a
similar agency of another state;</p>

<p>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;</p>

<p>5. Presenting evidence of equivalent experience with a firearm
through participation in organized shooting competition approved by the
Department of State Police or current military service or proof of an honorable
discharge from any branch of the armed services;</p>

<p>6. Obtaining or previously having held a license to carry a
firearm in the Commonwealth or a locality thereof, unless such license has been
revoked for cause;</p>

<p>7. Completing any firearms training or safety course or class,
including an electronic, video, or on-line course, conducted by a
state-certified or National Rifle Association-certified firearms instructor;</p>

<p>8. Completing any governmental police agency firearms training
course and qualifying to carry a firearm in the course of normal police duties;
or</p>

<p>9. Completing any other firearms training that the Virginia
Department of State Police deems adequate.</p>

<p>A photocopy of a certificate of completion of any such course
or class; 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 that shows
completion of the course or class or evidences participation in firearms
competition shall satisfy the requirement for demonstration of competence with
a handgun.</p>

<p>C. The Department of State Police may charge a fee not to
exceed $100 to cover the cost of the background check and issuance of the
permit. Any fees collected shall be deposited in a special account to be used
to offset the costs of administering the nonresident concealed handgun permit
program.</p>

<p>D. <i class=new>The Department of State Police shall issue the permit
within </i>[ <s class=str><i class=new>45</i></s> <i class=new>90</i> ] <i class=new>days of receipt of the completed
application unless it determines that the applicant is disqualified. If the
Department of State Police has not issued the permit or determined that the applicant
is disqualified within</i> [ <s class=str><i class=new>45</i></s> <i class=new>90</i> ]<i class=new> days of the date
of receipt noted on the application, the Department of State Police shall
certify on the application that the </i>[ <s class=str><i class=new>45-day</i></s><i class=new> 90-day</i> ] <i class=new>period
has expired and shall mail or send via electronic mail a copy of the certified
application to the applicant within five business days of the expiration of the
</i>[ <s class=str><i class=new>45-day</i></s><i class=new> 90-day</i> ] <i class=new>period. The certified application
shall serve as a de facto permit, which shall expire 90 days after issuance,
and shall be recognized as a valid concealed handgun permit when presented with
a valid government-issued photo identification pursuant to subsection A of &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-308.01">18.2-308.01</a>, until the Department of State Police issues a five-year permit or
finds the applicant to be disqualified. If the applicant is found to be
disqualified after the de facto permit is issued, the applicant shall surrender
the de facto permit to the Department of State Police and the disqualification
shall be deemed a denial of the permit and a revocation of the de facto permit.</i></p>

<p><i class=new>E. </i>The permit to carry a concealed handgun shall
contain only the following information: name, address, date of birth, gender,
height, weight, color of hair, color of eyes, and photograph of the permittee;
the signature of the Superintendent of the Virginia Department of State Police
or his designee; the date of issuance; and the expiration date.</p>

<p><s class=str>E. </s><i class=new>F. </i>The Superintendent of the State Police
shall promulgate regulations, pursuant to the Administrative Process Act (&sect;
<a href="http://law.lis.virginia.gov/vacode/2.2-4000">2.2-4000</a> et seq.), for the implementation of an application process for
obtaining a nonresident concealed handgun permit.</p>

<p> [ 2. That the provisions of this act shall become effective
on October 1, 2019. ] </p>