SB 1012 — Firefighters, emergency medical services personnel, etc.; carrying a concealed weapon.

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SESSION history | hilite | pdf | print version 19100066D SENATE BILL NO.

1012 Offered January 9, 2019 Prefiled July 26, 2018 A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to carrying a concealed weapon;

firefighters and emergency medical services providers.

---------- Patron-- Chase ---------- Referred to Committee for Courts of Justice ---------- Be it enacted by the General Assembly of Virginia:

1.

That § 18.2-308 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-308.

Carrying concealed weapons;

exceptions;

penalty.

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;

(ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack;

(iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain;

(iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart;

or (v) any weapon of like kind as those enumerated in this subsection, he is guilty of a Class 1 misdemeanor.

A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony.

For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.

It shall be an affirmative defense to a violation of clause (i) regarding a handgun, that a person had been issued, at the time of the offense, a valid concealed handgun permit.

B.

This section shall not apply to any person while in his own place of abode or the curtilage thereof.

C.

Except as provided in subsection A of § 18.2-308.012, this section shall not apply to:

1.

Any person while in his own place of business;

2.

Any law-enforcement officer, or retired law-enforcement officer pursuant to § 18.2-308.016, wherever such law-enforcement officer may travel in the Commonwealth;

3.

Any person who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;

4.

Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;

5.

Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;

6.