Virginia HB 1030: Concealed handgun; carrying without a permit.

Bill Text

2024SESSION
INTRODUCED
24100648D
1 HOUSEBILLNO.1030
2 OfferedJanuary10,2024
3 PrefiledJanuary10,2024
4 A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to carrying a concealed
5 handgun; permit not required.
6 ––––––––––
Patron––Freitas
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8 ReferredtoCommitteeonPublicSafety
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §18.2-308 of the Code of Virginia is amended and reenacted as follows:
12 §18.2-308. Carrying concealed weapons; exceptions; penalty.
13 A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver,
14 or other weapon designed or intended to propel a missile of any kind by action of an explosion of any
15 combustible material; (ii) any dirk, bowie knife, stiletto knife, ballistic knife, machete, razor, sling bow,
16 spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid
17 parts connected in such a manner as to allow them to swing freely, which may be known as a nun
18 chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration,
19 having at least two points or pointed blades which is designed to be thrown or propelled and which may
20 be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this
21 subsection, he is guilty of a Class 1 misdemeanor. A second violation of this section or a conviction
22 under this section subsequent to any conviction under any substantially similar ordinance of any county,
23 city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be
24 punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden
25 from common observation when it is observable but is of such deceptive appearance as to disguise the
26 weapon's true nature. It shall be an affirmative defense to a violation of clause (i) regarding a handgun,
27 that a person had been issued, at the time of the offense, a valid concealed handgun permit.
28 B. This section shall not apply to any person while in his own place of abode or the curtilage
29 thereof.
30 C. Except as provided in subsection A of §18.2-308.012, this section shall not apply to:
31 1. Any person while in his own place of business;
32 2. Any law-enforcement officer, or retired law-enforcement officer pursuant to § 18.2-308.016,
33 wherever such law-enforcement officer may travel in the Commonwealth;
34 3. Any person who is at, or going to or from, an established shooting range, provided that the
35 weapons are unloaded and securely wrapped while being transported;
36 4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or
37 from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped
38 while being transported;
39 5. Any person carrying such weapons between his place of abode and a place of purchase or repair,
40 provided the weapons are unloaded and securely wrapped while being transported;
41 6. Any person actually engaged in lawful hunting, as authorized by the Board of Wildlife Resources,
42 under inclement weather conditions necessitating temporary protection of his firearm from those
43 conditions, provided that possession of a handgun while engaged in lawful hunting shall not be
44 construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit;
45 7. Any attorney for the Commonwealth or assistant attorney for the Commonwealth, wherever such
46 attorney may travel in the Commonwealth;
47 8. Any person who may lawfully possess a firearm and is carrying a handgun while in a personal,
48 private motor vehicle or vessel and such handgun is secured in a container or compartment in the
49 vehicle or vessel;
50 9. Any enrolled participant of a firearms training course who is at, or going to or from, a training
51 location, provided that the weapons are unloaded and securely wrapped while being transported; and
52 10. Any judge or justice of the Commonwealth, wherever such judge or justice may travel in the
53 Commonwealth; and
54 11. For the sole purpose of carrying a concealed handgun, any person who carries a handgun
55 anywhere he may lawfully carry a handgun openly within the Commonwealth and who is otherwise
56 qualified under this article to obtain a concealed handgun permit. Such person shall not be required to
57 meet the requirements of subsection B of § 18.2-308.02 or subsection B of § 18.2-308.06, as applicable,
58 to carry a concealed handgun under this subdivision.
INTRODUCED
HB1030
1/18/24
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HB1030 2of2
59 D. This section shall also not apply to any of the following individuals while in the discharge of
60 their official duties, or while in transit to or from such duties:
61 1. Carriers of the United States mail;
62 2. Officers or guards of any state correctional institution;
63 3. Conserv