Bill Text: VA SB4014 | 2019 | 1st Special Session | Prefiled


Bill Title: Denial of a concealed handgun permit; entry into Virginia Criminal Information Network.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-07-09 - Passed by indefinitely in Courts of Justice with letter (9-Y 6-N) [SB4014 Detail]

Download: Virginia-2019-SB4014-Prefiled.html
19200115D
SENATE BILL NO. 4014
Offered July 9, 2019
Prefiled July 8, 2019
A BILL to amend and reenact §§18.2-308.07 and 18.2-308.08 of the Code of Virginia, relating to denial of a concealed handgun permit; entry into Virginia Criminal Information Network.
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Patron-- Norment
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That §§18.2-308.07 and 18.2-308.08 of the Code of Virginia are amended and reenacted as follows:

§18.2-308.07. Entry of information into the Virginia Criminal Information Network.

A. An order issuing a concealed handgun permit pursuant to § 18.2-308.04, or the copy of the permit application certified by the clerk as a de facto permit pursuant to §18.2-308.05, shall be provided to the State Police and the law-enforcement agencies of the county or city by the clerk of the court. The State Police shall enter the permittee's name and description in the Virginia Criminal Information Network so that the permit's existence and current status will be made known to law-enforcement personnel accessing the Network for investigative purposes.

B. The Department of State Police shall enter the name and description of a person issued a nonresident permit pursuant to §18.2-308.06 in the Virginia Criminal Information Network so that the permit's existence and current status are known to law-enforcement personnel accessing the Network for investigative purposes.

C. The Department of State Police shall enter the name and description of a person whose application for a concealed handgun permit was denied and the basis of the denial of the permit, including, if applicable, any reason under § 18.2-308.09 that is the basis of the denial, in the Virginia Criminal Information Network so that such basis is known to law-enforcement personnel accessing the Network for investigative purposes.

C. D. The State Police shall withhold from public disclosure permittee information submitted to the State Police for purposes of entry into the Virginia Criminal Information Network, except that such information shall not be withheld from any law-enforcement agency, officer, or authorized agent thereof acting in the performance of official law-enforcement duties, nor shall such information be withheld from an entity that has a valid contract with any local, state, or federal law-enforcement agency for the purpose of performing official duties of the law-enforcement agency. However, nothing in this subsection shall be construed to prohibit the release of (i) records by the State Police concerning permits issued to nonresidents of the Commonwealth pursuant to §18.2-308.06 or (ii) statistical summaries, abstracts, or other records containing information in an aggregate form that does not identify any individual permittees.

§18.2-308.08. Denial of a concealed handgun permit; appeal.

A. Only a circuit court judge may deny issuance of a concealed handgun permit to a Virginia resident or domiciliary who has applied for a permit pursuant to §18.2-308.04. Any order denying issuance of a concealed handgun permit shall state the basis for the denial of the permit, including, if applicable, any reason under §18.2-308.09 that is the basis of the denial, and the clerk shall provide notice, in writing, upon denial of the application, of the applicant's right to an ore tenus hearing and the requirements for perfecting an appeal of such order.

B. Upon request of the applicant made within 21 days, the court shall place the matter on the docket for an ore tenus hearing. The applicant may be represented by counsel, but counsel shall not be appointed, and the rules of evidence shall apply. The final order of the court shall include the court's findings of fact and conclusions of law.

C. Any person denied a permit to carry a concealed handgun by the circuit court may present a petition for review to the Court of Appeals. The petition for review shall be filed within 60 days of the expiration of the time for requesting an ore tenus hearing, or if an ore tenus hearing is requested, within 60 days of the entry of the final order of the circuit court following the hearing. 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. Subject to the provisions of subsection B of §17.1-410, the decision of the Court of Appeals or judge shall be final. Notwithstanding any other provision of law, if the decision to deny the permit is reversed upon appeal, taxable costs incurred by the person shall be paid by the Commonwealth.

D. The final order of the court as described in subsection B or C shall be provided to the Department of State Police to enter into the Virginia Criminal Information Network pursuant to subsection C of § 18.2-308.07.

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