Virginia 2022 Regular Session Status: In Committee

SB 61 — Firearms; concealed carry for law-enforcement officers, attorneys for the Commonwealth, etc.

Last action — Passed by indefinitely in Judiciary (9-Y 6-N)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Firearms; concealed carry for law-enforcementofficers, attorneys for the Commonwealth, and judges; exceptionsto certain prohibited activities. Provides that any (i) activelaw-enforcement officer, (ii) qualified retired law-enforcement officer,(iii) attorney for the Commonwealth or assistant attorney for theCommonwealth, (iv) qualified retired attorney for the Commonwealthor retired assistant attorney for the Commonwealth, (v) judge orjustice of the Commonwealth, or (vi) retired judge or retired justiceof the Commonwealth may carry a concealed weapon about his person,hidden from common observation. The bill also permits such law-enforcementofficers, retired law-enforcement officers, attorneys for the Commonwealthor assistant attorneys for the Commonwealth, qualified retired attorneysfor the Commonwealth or retired assistant attorneys for the Commonwealth,judges or justices of the Commonwealth, and retired judges or justicesof the Commonwealth to carry a firearm in many of the areas where firearms are prohibited from being carried.

Bill Text

What changed in the latest version

154 added · 149 removed

Plain-language change summary

The recent amendment to Bill SB 61 clarifies that local governments in Virginia cannot create their own rules regarding firearms, ammunition, or related components unless specifically allowed by state law. Importantly, it also ensures that local employees are permitted to store legally owned firearms and ammunition in their locked vehicles at work, with some exceptions for specific local services. This change aims to standardize regulations across localities and reinforce the rights of individuals regarding firearm storage at their workplace.

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SESSION INTRODUCED 22102035D I SENATE BILL NO.
SESSION SENATE SUBSTITUTE 22105297D SENATE BILL NO.
61 Offered January 12, 2022 N Prefiled January 3, 2022 T A B18.2-308.016, and 24.2-604 of the Code of Virginia, relating to firearms;
61 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on the Judiciary on January 26, 2022) (Patrons Prior to Substitute––Senators Hackworth and Obenshain [SB 763]) A BILL to amend and reenact §§ 15.2-915, 15.2-915.2, 18.2-283.2, 18.2-287.01, 18.2-287.4, 18.2-308, law-enforcement officers, attorneys for the Commonwealth, and judges;
concealed carry foR08, law-enforcement officers, attorneys for the Commonwealth, and judges;
exceptions to certainor prohibited activities.
exceptions to certain prohibited activities.
Be it enacted by the General Assembly of Virginia:
O –––––––––– D Patrons––Hackworth, DeSteph and Obenshain –––––––––– U Referred to Committee on the Judiciary C –––––––––– 1.
1.
That §§ 15.2-915, 15.2-915.2, 18.2-283.2, 18.2-287.01, 18.2-287.4, 18.2-308.
That §§ 15.2-915, 15.2-915.2, 18.2-283.2, 18.2-287.01, 18.2-287.4, 18.2-308, 18.2-308.016, and 24.2-604 of the Code of Virginia are amended and reenacted as follows:
18.2-308.016, and 24.2-604 of the Code of Virginia are amended and reenacted as follows:
D § 15.2-915.
Control of firearms;
applicability to authorities and local governmental agencies.
No locality shall adopt or enforce any ordinance, resolution, or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute.
No locality shall adopt or enforce any ordinance, resolution, or motion, as permitted byeS.
For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof shaNothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce.
§ 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, orE components or combination thereof other than those expressly authorized by statute.
However, no locality shall adopt any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in § 37.2-100, that prevents an employee of that locality from storing at that locality's workplace a lawfully possessed firearm and ammunition in a locked private motor vehicle.
For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof shall not be construed to provide express authorization.
Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101, from acting within the scope of his duties.
conditions of employment of the workforce.
The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail, juvB.
However, no locality shall adopt any workplace rule, otherand than for the purposes of a community services board or behavioral health authority as defined iT § 37.2-100, that prevents an employee of that locality from storing at that locality's workplace a lawfully possessed firearm and ammunition in a locked private motor vehicle.
Any local ordinance, resolution, or motion adopted prior to July 1, 2004, governing the purchase, possession, transfer, ownership, carrying, or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.
Nothing in this section shaEl prohibit a law-enforcement officer, as defined in § 9.1-101, from acting within the scope of his duties.
C.
The provisions of this section applicable to a locality shall also apply to any authority or to a local juvenile detention facility, or state-governed entity, department, or agency.local or regional jail, B.
In addition to any other relief provided, the court may award reasonable attorney fees, expenses, 35 and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, 36 resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad 37 faith as being in conflict with this section.
Any local ordinance, resolution, or motion adopted prior to July 1, 2004, governing the purchase, possession, transfer, ownership, carrying, or transporting of firearms, ammunition, or componenUs or combination thereof, other than those expressly authorized by statute, is invalid.
38 D.
B C.
For purposes of this section, "workplace" means "workplace of the locality." possession, carrying, or transportation of any firearms, ammunition, or components or combinationibits the thereof (i) in any building, or part thereof, owned or used by such locality, or by any authority or local governmental entity created or controlled by the locality, for governmental purposes;
In addition to any other relief provided, the court may award reasonable attorney fees, expenses, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.
(ii) in any public park owned or operated by the locality, or by any authority or local governmental entity created or controlled by the locality;
T :
36 D.
For purposes of this section, "workplace" means "workplace of the locality." 37 E.
Notwithstanding the provisions of this section, a locality may adopt an ordinance that prohibits the 38 possession, carrying, or transportation of any firearms, ammunition, or components or combinatiTn 39 thereof (i) in any building, or part thereof, owned or used by such locality, or by any authoriUy or local park owned or operated by the locality, or by any authority or local governmental entity created orublic controlled by the locality;
or (iv) in any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise governmental entity created or controlled by the locality, such ordinance shall apply only to the part of the building that is being used for a governmental purpose and when such building, or part thereof, is being used for a governmental purpose.
or (iv) inEany public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise governmental entity created or controlled by the locality, such ordinance shall apply only to the part of the building that is being used for a governmental purpose and when such building, or part thereof, is being used for a governmental purpose.
Any such ordinance may include security measures that are designed to reasonably prevent the unauthorized access of such buildings, parks, recreation or community center facilities, or public streets, roads, alleys, or sidewalks or public rights-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit by a person with any firearms, ammunition, or components or combination thereof, sucThe provisions of this subsection shall not apply to the activities of (i) a Senior Reserve Officers' SB61 2 of 7 Training Corps program operated at a public or private institution of higher education in accordance with the provisions of 10 U.S.C.
Any such ordinance may include security measures that are designed to reasonably prevent the unauthorized access of such buildings, parks, recreation or community center facilities, or pubSic streets, roads, alleys, or sidewalks or public rights-of-way or any other place of whatever nature that 6s open to require a permit by a person with any firearms, ammunition, or components or combination thereof,ise such as the use of metal detectors and increased use of security personnel.
1 The provisions of this subsection and any ordinance enacted pursuant to this subsection shall not apply to any person who holds a valid Virginia permit to carry a concealed handgun issued in accordance with Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 or to the activities of (i) a Senior Reserve Officers' Training Corps program operated at a public or private institution of higher SB61S1 2 of 7 education in accordance with the provisions of 10 U.S.C.
The provisions of subsection B shall not apply to any active law-enforcement officer, any retired law-enforcement officer qualified pursuant to § 18.2-308.016, any attorney for the Commonwealth or assistant attorney for the Commonwealth, any retired attorney for the Commonwealth or retired assistant attorney for the Commonwealth pursuant to § 18.2-308.016, any judge or justice of the of 7 Commonwealth, or any retired judge or retired justice of the Commonwealth.
The provisions of subsection B shall not apply to any active law-enforcement officer, any retired law-enforcement officer qualified pursuant to § 18.2-308.016, any attorney for the Commonwealth or assistant attorney for the Commonwealth, any retired attorney for the Commonwealth or retired assistant attorney for the Commonwealth pursuant to § 18.2-308.016, any judge or justice of the Commonwealth, or any retired judge or retired justice of the Commonwealth.
The provisions of clauses (iii) and (iv) of subsection B shall not apply to (i) any retired I law-enforcement officer qualified pursuant to subsection C of § 18.2-308.016 who is visiting a Nun range firearm while acting in the conduct of such employee's official duties:
of 7 law-enforcement officer qualified pursuant to subsection C of § 18.2-308.016 who is visiting a gun range owned or leased by the Commonwealth;
(a) a bail bondsman as defined in § 9.1-185, (b) an employee of the Department of Corrections or a state juvenile correctional facility, (c) an employee of the Department of Conservation and Recreation, or (d) an employee of the DepartmRnt of Wildlife Resources;
(ii) any of the following employees authorized to carry a firearm while acting in the conduct of such employee's official duties:
(iii) (ii) any individual carrying a weapon into a courthouse who is exempt under § 18.2-283.1;
(a) a bail bondsman as defined in § 9.1-185, (b) an employee of the Department of Corrections or a state juvenile correctional facility, (c) an employee of the Department of Conservation and Recreation, or (d) an employee of the Department § 18.2-283.1;
or (vi) (v) any magistrate acting in the conduct of the magistrate's officDal duties.
or (vi) (v) any magistrate acting in the conduct of the magistrate's official duties.
Notice of the provisions of this section shall be posted conspicuously along the boundary of B, and no person shall be convicted of an offense under subsection B if such notice is not posted attion such public entrance, unless such person had actual notice of the prohibitions in subsection B.C § 18.2-287.01.
Notice of the provisions of this section shall be posted conspicuously along the boundary of Capitol Square and the surrounding area and at the public entrance of each location listed in subsection B, and no person shall be convicted of an offense under subsection B if such notice is not posted at suc§ 18.2-287.01.
penalty.
penalty.ons in subsection B.
E It shall be is unlawful for any person to possess or transport into any air carrier airport terminal in the Commonwealth any (i) any gun or other weapon designed or intended to propel a missile or D projectile of any kind,;
It shall be is unlawful for any person to possess or transport into any air carrier airport terminal in the Commonwealth any (i) any gun or other weapon designed or intended to propel a missile or S projectile of any kind,;
or (iii) any other dangerous weapon, including § 18.2-308.
or (iii) any other dangerous weapon, including E § 18.2-308.
A violation ofof this section is punishable as a Class 1 misdemeanor.
A violatiNn ofof this section is punishable as a Class 1 misdemeanor.
Any weapon possessed or transported in violation of this section shall be forfeited to the Commonwealth and disposed of as provided in § 19.2-386.28.
Any weapon possessed or transported in violation of this section shall be forfeited to the Commonwealth and disposed of as provided in § 19.2-38A.28.
The provisions of this section shall not apply to any police officer, sheriff, law-enforcement agent or official, conservation police officer, conservator of the peace employed by the air carrier airSort, or retired law-enforcement officer qualified pursuant to subsection C of § 18.2-308.016, attorney 6or the Commonwealth or assistant attorney for the Commonwealth, retired attorney for the Commonwealth 1r Commonwealth, or retired judge or retired justice of the Commonwealth, nor shall the provisions of this section apply to any passenger of an airline who, to the extent otherwise permitted by law, transports a lawful firearm, weapon, or ammunition into or out of an air carrier airport terminal for the sole purposes, respectively, of (i) (a) presenting such firearm, weapon, or ammunition to U.S.
The provisions of this section shall not apply to any police officer, sheriff, law-enforcement agent or official, conservation police officer, conservator of the peace employed by the air carrier airTort, or Commonwealth or assistant attorney for the Commonwealth, retired attorney for the Commonwealth orr the retired assistant attorney for the Commonwealth pursuant to § 18.2-308.016, judge or justice of the Commonwealth, or retired judge or retired justice of the Commonwealth, nor shall the provisions of this section apply to any passenger of an airline who, to the extent otherwise permitted by law, transports a lawful firearm, weapon, or ammunition into or out of an air carrier airport terminal for the soSe agents in advance of an international flight, in order to comply with federal law, (ii);
Customs agents in advance of an international flight, in order to comply with federal law, (ii);
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transportation of weapons in any airport in the Commonwealth shall be invalid, and this section shall control.
B Any other statute, rule, regulation, or ordinance specifically addressing the possession or S transportation of weapons in any airport in the Commonwealth shall be invalid, and this section shall con§ 18.2-287.4.
§ 18.2-287.4.
It shall be is unlawful for any person to carry a loaded (a) (i) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities City of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties County of Arlington, Fairfax, Henrico, Loudoun, or Prince William.
T It shall be is unlawful for any person to carry a loaded (a) (i) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible maTerial and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a foldingU ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open tE the public in the Cities City of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties County of Arlington, Fairfax, Henrico, Loudoun, or Prince William.
The provisions of this section shall not apply to any law-enforcement officers officer, any licensed security guards guard, any military personnel in the performance of their his lawful duties, any retired assistant attorney for the Commonwealth, any retired attorney for the Commonwealth or retiredth or assistant attorney for the Commonwealth pursuant to § 18.2-308.016, any judge or justice of the Commonwealth, any retired judge or retired justice of the Commonwealth, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest.
security guards guard, any military personnel in the performance of their his lawful duties, any retired law-enforcement officer qualified pursuant to § 18.2-308.016, any attorney for the Commonwealth or assistant attorney for the Commonwealth, any retired attorney for the Commonwealth or retired assistant attorney for the Commonwealth pursuant to § 18.2-308.016, any judge or justice of theS Commonwealth, any retired judge or retired justice of the Commonwealth, or any person having a 6alid shooting activities at an established shooting range or shooting contest.
Any person violating the provisions of this section shall be is guilty of a Class 1 misdemeanor.
Any person violating thel provisions of this section shall be is guilty of a Class 1 misdemeanor.
The exemptions set forth in §§ 18.2-308 and 18.2-308.016 shall apply, mutatis mutandis, to the pro§ 18.2-308.
1 The exemptions set forth in §§ 18.2-308 and 18.2-308.016 shall apply, mutatis mutandis, to the provisions of this section.
§ 18.2-308.
SB61 4 of 7 A.
A.
If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material;
If any person carries about his person, hidden from common observation, (i) any pistol, revolver, SB61S1 4 of 7 or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material;
(iii) drivers, operators, or other of 7 persons in charge of any motor vehicle carrier of passengers for hire;
(iii) drivers, operators, or other persons in charge of any motor vehicle carrier of passengers for hire;
and I 4.
of 7 and4.
Noncustodial employees of the Department of Corrections designated to carry weapons by thN Dir§ 18.2-308.016.
Noncustodial employees of the Department of Corrections designated to carry weapons by the Director of the Department of Corrections pursuant to § 53.1-29.
§ 18.2-308.016.
T 1.
1.
Any State Police officer retired from the Department of State Police, any officer retiredRfrom the Division of Capitol Police, any local law-enforcement officer, auxiliary police officer or animal control officer retired from a police department or sheriff's office within the Commonwealth, any special agent retired from the State Corporation Commission or the Virginia Alcoholic Beverage Control AuthorDty, any employee with internal investigations authority designated by the Department of Corrections police officer retired from the Department of Wildlife Resources, any conservation officer retired from the Department of Conservation and Recreation, any Virginia Marine Police officer retired from the Law Enforcement Division of the Virginia Marine Resources Commission, any campus police officer E appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1 retired from a campus police department, any retired member of the enforcement division of the Department of Motor Vehicles D appointed pursuant to § 46.2-217, and or any retired investigator of the security division of the Virginia Lottery, other than an officer or agent terminated for cause, (i) with a service-related disability;
Any State Police officer retired from the Department of State Police, any officer retired from the officer retired from a police department or sheriff's office within the Commonwealth, any special agentol retired from the State Corporation Commission or the Virginia Alcoholic Beverage Control Authority, any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10 retired from the Department of Corrections, any conservation police officer retired from the Department of Wildlife Resources, any conservation officer retired from Enforcement Division of the Virginia Marine Resources Commission, any campus police officerrom the Law appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1 retired from a campus police department, any retired member of the enforcement division of the Department of Motor Vehicles S appointed pursuant to § 46.2-217, and or any retired investigator of the security division of the Virginia Lottery, other than an officer or agent terminated for cause, (i) with a service-related disability;
or (iv) who is on long-term leave from such law-enforcement agency or board due to a service-related injury, provided such officer carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the last such agency from which the officer retired or the agency that employs the officer or, in the case of special agents, issued by the State Corporation ComSission or the Virginia Alcoholic Beverage Control Authority.
or (iv) who is on long-term leave fNom such law-enforcement agency or board due to a service-related injury, provided such officer carries with him written proof of consultation with and favorable review of the need to carry a concealed handguA issued by the chief law-enforcement officer of the last such agency from which the officer retired or the agency that employs the officer or, in the case of special agents, issued by the State Corporation ComTission or review shall be forwarded by the chief, Commission, or Board to the Department of State Police forle entry into the Virginia Criminal Information Network.
A copy of the proof of consultation and favo6able review shall be forwarded by the chief, Commission, or Board to the Department of State Police 1or without cause withhold such written proof if the retired law-enforcement officer otherwise meets the requirements of this section.
The chief law-enforcement officer shall not without cause withhold such written proof if the retired law-enforcement officer otherwise meets the requirements of this section.
An officer set forth in clause (iv) who receives written proof of consultation to carry a concealed handgun shall surrender such proof of consultation upon return to work as a law-enforcement officer or upon termination of employment with the law-enforcement agency.
An officer set forth in clause (iv) who receives written proof of consultation to carry a concealed handgun shall surrender such proof of consultation upon returS to work Notice of the surrender shall be forwarded to the Department of State Police for entry into the Virginia Criminal Information Network.
Notice of the surrender shall be forwarded to the Department of State Police for entry into the Virginia Criminal Information Network.
However, if such officer retires on disability because of the U service-related injury, and would be eligible under clause (i) for written proof of consultation to carry a concealed handgun, he may retain the previously issued written proof of consultation.
However, if such officer retires on disability because of the service-related injury, and would be eligible under clause (i) for written proof of consultation to carry a con2.
S 2.
Any person who is eligible for retirement with at least 20 years of service with a law-enforcement agency, commission, or board mentioned in subdivision 1 who has resigned in good standing from such law-enforcement agency, commission, or board to accept a position covered by a retirement system that is authorized under Title 51.1, provided such person carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the agency from which he resigned or, in the case of special agents, issued by the State Corporation Commission or the Virginia Alcoholic Beverage Control Authority.
Any person who is eligible for retirement with at least 20 years of service with a law-enforcement law-enforcement agency, commission, or board to accept a position covered by a retirement system that is authorized under Title 51.1, provided such person carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcemeTt officer of the agency from which he resigned or, in the case of special agents, issued by the State Corporation Commission or the Virginia Alcoholic Beverage Control Authority.
The chief law-enforcement officer shall not without cause withhold such written proof if the law-enforcement officer otherwise meets the requirements of this section.
The chief T law-enforcement officer shall not without cause withhold such written proof if the law-enforcemEnt officer otherwise meets the requirements of this section.
Any State Police officer who is a member of the organized reserve forces of any of the Armed Services of the United States or National Guard, while such officer is called to active military duty, provided such officer carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the Superintendent of State Police.
Any State Police officer who is a member of the organized reserve forces of any of the Armed Services of the United States or National Guard, while such officer is called to active military duty, need to carry a concealed handgun issued by the Superintendent of State Police.
The proof of shall expire when the officer returns to active law-enforcement duty.
The proof ofew of the consultation and favorable review shall be valid as long as the officer is on active military duty and shall expire when the officer returns to active law-enforcement duty.
The issuance of the proof of and consultation and favorable review shall be entered into the Virginia Criminal Information Network.
The issuance of the proof of consultation and favorable review shall be entered into the Virginia Criminal Information NetwoSk.
The Superintendent of State Police shall not without cause withhold such written proof if the officer is in good standing and is qualified to carry a weapon while on active law-enforcement duty.
The Superintendent of State Police shall not without cause withhold such written proof if the offic6r is in goo4.
4.
Any retired or resigned attorney for the Commonwealth or assistant attorney for the S Commonwealth who (i) was not terminated for cause and served at least 10 years prior to his retirement or resignation;
Any retired or resigned attorney for the Commonwealth or assistant attorney for the Commonwealth who (i) was not terminated for cause and served at least 10 years prior to his retirement or resignation;
(ii) during the most recent 12-month period, has met, at his own expense, the standards for qualification in firearms training for active law-enforcement officers in the Commonwealth;
(ii) during the most recent 12-month period, has met, at his own expense, the standards carries with him written proof of consultation with and favorable review of the need to carry a (iii) SB61 6 of 7 concealed handgun issued by the attorney for the Commonwealth from whose office he retired or resigned;
(iii) carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the attorney for the Commonwealth from whose office he retired or SB61S1 6 of 7 resigned;
All agencies of the Commonwealth, political subdivisions, institutions, commissions, boards, and authorities and chief law-enforcement officers shall issue the retired or resigned officer's certification, signed by the chief law-enforcement officer, valid one year from the date of issuance, indicating that the retired or resigned officer has met the standards of the Commonwealth to carry a firearm within 15 days of receiving evidence of a retiree's qualification standard.
All agencies of the Commonwealth, political subdivisions, institutions, commissions, boards, and authorities and chief law-enforcement officers shall, upon the required proof of consultation and favorable review, issue the retired or resigned officer's certification, signed by the chief law-enforcement officer, valid one year from the date of issuance, indicating that the retired or resigned officer has met the standards of the Commonwealth to carry a firearm within 15 days of receiving evidence of a retiree's qualification standard.
The provisions of subsections A and C shall not be construed to prohibit a person who approaches or enters the polling place for the purpose of voting from wearing a shirt, hat, or other of 7 apparel on which a candidate's name or a political slogan appears or from having a sticker or button not apply to candidates, representatives of candidates, or any other person who approaches or enters the polling place for any purpose other than voting.
The provisions of subsections A and C shall not be construed to prohibit a person who approaches or enters the polling place for the purpose of voting from wearing a shirt, hat, or other apparel on which a candidate's name or a political slogan appears or from having a sticker or button of 7 attached to his apparel on which a candidate's name or a political slogan appears.
N E.
This exemption shall not apply to candidates, representatives of candidates, or any other person who approaches or enters the polE.
This section shall not be construed to prohibit a candidate from entering any polling plaTe on the per election day, provided that he complies with the restrictions stated in subsections A, C, and D.lace F.
This section shall not be construed to prohibit a candidate from entering any polling place on the day of the election to vote, or to visit a polling place for no longer than 10 minutes per polling place perF.
The provisions of clause (iv) of subsection A shall not apply to (i) any law-enforcement officer or any retired law-enforcement officer qualified pursuant to subsection C of § 18.2-308.016, any attorney Commonwealth or retired assistant attorney for the Commonwealth pursuant to § 18.2-308.016, anyD judge or justice of the Commonwealth or retired judge or retired justice of the Commonwealth;
The provisions of clause (iv) of subsection A shall not apply to (i) any law-enforcement officer or any retired law-enforcement officer qualified pursuant to subsection C of § 18.2-308.016, any attorney Commonwealth or retired assistant attorney for the Commonwealth pursuant to § 18.2-308.016, or any judge or justice of the Commonwealth or retired judge or retired justice of the Commonwealth;
(Ui) any person occupying his own private property that falls within 40 feet of a polling place;
(ii) any security officer, licensed pursuant to Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1, whosermed employment or performance of his duties occurs within 40 feet of any building, or part thereof, used as a pG.
or (iiiC an armed employment or performance of his duties occurs within 40 feet of any building, or part thereof, used as a polling place.
The officers of election may require any person who is found by a majority of the officers present to be in violation of this section to remain outside of the prohibited area.
E G.
Any person violating subsection A or C is guilty of a Class 1 misdemeanor.
The officers of election may require any person who is found by a majority of the officers present subsection A or C is guilty of a Class 1 misdemeanor.of the prohibited area.
E N A T E S U B S T I T U T E S 1
Any person violating S 1
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Action History

  1. Passed by indefinitely in Judiciary (9-Y 6-N)

  2. Incorporates SB763 (Obenshain)

  3. Committee substitute printed to LIS only 22105297D-S1

  4. Impact statement from DPB (SB61)

  5. Referred to Committee on the Judiciary

  6. Prefiled and ordered printed; offered 01/12/22 22102035D

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 145 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (145)

145 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed by indefinitely in Judiciary (9-Y 6-N)

Passed 9 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9600
Total 9600
% of votes cast 60%40%0%0%
How each member voted (15)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Edwards, John S. — Yea
Jennifer B. Boysko — Yea
L. Louise Lucas — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Nay

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Subjects

public-safety
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Frequently asked questions

What does SB 61 do?
Firearms; concealed carry for law-enforcementofficers, attorneys for the Commonwealth, and judges; exceptionsto certain prohibited activities. Provides that any (i) activelaw-enforcement officer, (ii) qualified retired law-enforcement officer,(iii) attorney for the Commonwealth or assistant attorney for theCommonwealth, (iv) qualified retired attorney for the Commonwealthor retired assistant attorney for the Commonwealth, (v) judge orjustice of the Commonwealth, or (vi) retired judge or retired justiceof the Commonwealth may carry a concealed weapon about his person,hidden from common observation. The bill also permits such law-enforcementofficers, retired law-enforcement officers, attorneys for the Commonwealthor assistant attorneys for the Commonwealth, qualified retired attorneysfor the Commonwealth or retired assistant attorneys for the Commonwealth,judges or justices of the Commonwealth, and retired judges or justicesof the Commonwealth to carry a firearm in many of the areas where firearms are prohibited from being carried.
Who sponsors SB 61?
SB 61 is sponsored by T. Travis Hackworth, Bill DeSteph, and Mark D. Obenshain.
What is the current status of SB 61?
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 61?
Track SB 61 free on One Click Politics — get push/email alerts when it moves.

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