Virginia CCW Laws Anyone ???

[John Ringo]

Does anyone have any idea or experience with CCW in Virginia??? I checked out the details on packing.org this afternoon. Are they pretty easy going or are they sticklers about it there?

Regards,
JR

[Mal H]

Just about as easy-going as it gets - by law.

[4thHorseman]

Does anyone have any idea or experience with CCW in Virginia??? I checked out the details on packing.org this afternoon. Are they pretty easy going or are they sticklers about it there?
I live in VA and I have a CCW. It is a Shall issue state.

I'm not sure what you mean by "Are they pretty easy going or are they sticklers about it".
I know if you break the laws the state will certainly deal with you. Is that what you mean?
Is it easy to get one? Well again it depends on what you might mean.
Go to http://www.vsp.state.va.us/ and look under firearms and concealed weapons and that might answer your questions.
If you still have a question, get back with me and I'll try to answer it. Please be more precise though. Thanks.

[rellascout]

"Shall-issue means that the issuing authority has no discretion when to issue Permit/License if the applicant is not disqualified."

In other words unless there is a clear and compelling reason not to issue the permit the locality must by law issue the permit. As long as you meet the requirements you get one. They have 30 days to issue it.

The only thing that differs from county to county is finger printing. Some counties require it others do not.

Overall a very easy process.

Rellascout

[RWK]

I have had a Virginia CCW for many years and would be happy to try to answer your specific questions. Parking.org is comprehensive and up-to-date. In general, the Commonwealth is “firearms friendly”, but law enforcement rigorously ensures compliance with our statutes.

[chris in va]

I had no issues getting mine. Took a $60 NRA First Steps Pistol course, $50 for the CCP and got the license back in 3 weeks. This is in N. VA too...further south they get it back to you quicker.

I just *really* have to remember not to carry in an ABC restaraunt. Just yesterday I went to a burger joint and it wasn't until after getting my basket noticed they sell beer. Now the odd thing about VA law is you can OPEN carry at ABC places, just not concealed. Go figure.

[brickeyee]

VA gives them 45 days to issue (it originally was 90 days) and some of the jurisdictions take every day they can (Arlington) while others turn them around pretty quickly (mostly more rural areas).
Local jurisdictions can also choose to require fingerprinting, but must not charge any extra (the FBI charges a fee to run a check) and must return the cards to the applicant or destroy them (no adding them to the database).
Arlington was one of the jurisdictions that tried charging separate fees for the police, sheriff, and commonwealth's attorney ($45 each). The state attorney general took care of that quickly.
The next thing they tried was separate checks for each portion of the fees. They got clobbered on that.
The judges decided they could not be bothered signing the permits, so the state law was changed to allow the Clerk of the Court to sign if the chief judge so directs.
My last renewal was postmarked 46 days after application, one day longer than allowed.
The Dillon Rule has been a good cudgel to keep the county in line.

[John Ringo]

I am an Ohio CCW and am moving over to Arlington. That is why I ask. Ohio and Virginia have reciprocity with one another (to the best of my knowledge). However, I am not sure what this translates to in real-world terms.

I used to live in Montgomery County Maryland and know that they are very very strict there. You don't even want to have a handgun in your car in that state unless you can help it.

JR

[Metellus]

Unless you got a criminal background CHP in VA is easy. The only problem is I live in N VA but commute through Montgomery County, Maryland to work in D.C.

I've been mugged in D.C. and Maryland... never had problems in VA where I carry. Go figure...

BTW, for VA you don't even have to be resident to get a CHP.

[chris in va]

So if he moves here from Ohio does he need to get a VA CCP or stick with the one he has?

[MADISON]

A person 21 years of age or older may apply in writing to the Clerk of the Circuit Court of the county or city in which the applicant resides for a five year permit to carry a concealed handgun. The application shall be made under oath, before a notary or other person qualified to take oaths, and shall be made on a form prescribed by the Supreme Court, requiring only that information necessary to determine eligibility for the permit.

The fee shall not exceed $50.The court shall issue the permit within 45 days of receipt of the completed application unless it appears that the applicant is disqualified. A disqualified person includes one who is ineligible to purchase, transport, or possess a firearm; a person who it is alleged, in a sworn written statement submitted to the court, that in the opinion of such sheriff, chief of police or attorney for the Commonwealth is likely to use a weapon unlawfully or negligently to endanger others based upon personal knowledge or upon the sworn written statement of a competent person having personal knowledge; a habitual drunkard or an addict or unlawful user of a controlled substance; dishonorably discharged from the U.S. armed forces; an illegal alien; or a person who in the preceding three years has been convicted of drunkenness or a violent misdemeanor. The court may require proof that the applicant has demonstrated competence with a handgun.

Proof includes completion of a firearm training course offered by the NRA, the state, or a school; participation in organized shooting competition or military service; previously held a firearm carrying license. If applicant is renewing a concealed weapons permit, upon application, a new five-year permit shall be issued unless there is good cause shown for refusing to reissue a permit.

The permit shall contain 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 such permit on his person at all times when he is carrying a concealed handgun and must display the permit and proper photo identification upon demand by a law enforcement officer.

The specific reasons for a denial shall be stated in the order of the court. Upon request of the applicant made within 10 days of the denial, the court shall place the matter on the docket for a full hearing, at which the applicant may be represented by a lawyer. The final order of the court shall include findings of fact and conclusions of law.

[rellascout]

Main Entry: rec·i·proc·i·ty
Pronunciation: "re-s&-'prä-s&-tE
Function: noun
Inflected Form: plural -ties
1 : the quality or state of being reciprocal
2 : the exchange, recognition, or enforcement of licenses, privileges, or obligations between states of the U.S. or between nations

No need to get a new permit untill OH expires. Here is a copy of the agreeement.

http://www.packing.org/gs/oh_va_agreement.pdf

Only issue I can see in the real world is that a cop in VA may not know the law.

Rellascout

[Mike Irwin]

Reciprocity is an agreement between states where the RESIDENT of one state is granted rights and conditions in another state. An Ohio resident has reciprocal CCW rights in Virginia. However, when the Ohio resident severs ties to Ohio and moves to Virginia, there's no reciprocity anymore.

Unless something big has changed in the law in the last year or two, you HAVE to get a valid Virginia CCW once you establish permanent residence in the state.

I'd assume that it's within 30 days, same as with the driver's license.

[chris in va]

So when it says 'honors permit', that state allows you to carry in their state, but their permit holders can't carry in yours?

I'm confused on this. For example, MI honors VA's permit. VA honors MI's permit. But they're not reciprocal.

[Metellus]

The way I read it is honors mean one way. Reciprocity is both ways. If both states honor each other then it should be Reciprocity. So I don't get your example either.

As for VA CHP once you get it you get entered into the VA state police criminal database so the cop knows you have a firearm if they stop you. I don't think that happens for out of state permits. I think it'd be wiser for you get a new VA one if you become a resident here.

[chris in va]

Alright, I just got through emailing the VA State police about this. This is her reply (quick, I might add...30 minutes).


Dear Sir,

Virginia continues to maintain a concealed handgun permit reciprocity agreement with Ohio. The provision of reciprocity is addressed in 18.2-308 (P).

I trust this information will be of assistance to you.

Sincerely,
Marie C. Lucas, Supervisor
Department of State Police
Firearms Transaction Center

So, I looked up the statute, and found the section pertaining to this.

P. A valid concealed handgun or concealed weapon permit or license issued by another state shall authorize the holder of such permit or license who is at least 21 years of age to carry a concealed handgun in the Commonwealth, provided (i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day, and (ii) except for the age of the permit or license holder and the type of weapon authorized to be carried, the requirements and qualifications of that state's law are adequate to prevent possession of a permit or license by persons who would be denied a permit in the Commonwealth under this section. The Superintendent of State Police shall (a) in consultation with the Office of the Attorney General determine whether states meet the requirements and qualifications of this section, (b) maintain a registry of such states on the Virginia Criminal Information Network (VCIN), and (c) make the registry available to law-enforcement officers for investigative purposes. The Superintendent of the State Police, in consultation with the Attorney General, may also enter into agreements for reciprocal recognition with any state qualifying for recognition under this subsection.

You'll notice no mention of needing a VA license when moving here. That's not to say it wouldn't be a good idea, but not necessary. I'll try and do more research though. Oh, and I also called the Circuit Court and she directed me to the State Police as she wasn't sure.

[Mike Irwin]

Chris,

Did you specifically ask what happens when an individual changes legal residence from the state where he has the permit to Virginia?

It would be very nice if this were the case, but I just don't see how it could be this straightforward.

[Dusty Miller]

You might want to check out Packing.Org.

[chris in va]

Did you specifically ask what happens when an individual changes legal residence from the state where he has the permit to Virginia?

I did actually. Basically I said a friend of mine will be moving from Ohio to VA soon and wanted to know if his permit would still be good or needs to get a VA permit.

That's the answer she gave me in the email, so go figure. Sounds like she didn't know either.