imported post
Bill in VA wrote:
TFred wrote:
... Hopefully, it will soon no longer be a felony to forget a piece of paper twice in a lifetime of lawful concealed carry.
TFred
Can you provide a cite wherein failure to carry an issued permit is a felony, please? I've looked all through 18.2-308 and don't see anywhere that a penalty for failure to carry an issued permit is mentioned, let alone that it's a felony. I'm not saying it's not there, just saying I can't find it and if it's in there, don't want to miss it.
About the closest I can find in 18.2-308 is section H which reads, in part, "...The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and shall display the permit and a photo-identification... upon demand by a law-enforcement officer. "
TIA
Failure to carry your permit, currently, can and has been prosecuted the same as carrying a concealed weapon. Just as if you were not a permit holder. HB-52 will decriminalize it.
##opencite##
§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.
A. If any person carries about his person, hidden from common observation [...],
he shall be 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.
##endcite##
You looked through 18.2-308, but you didn't see anything mentioning failure to display the permit?
##opencite##
Except as provided in subsection J1,
this section shall not apply to:
...
D. Any 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 he resides, or if he is a member of the United States Armed Forces, the county or city in which he is domiciled,
for a five-year permit to carry a concealed handgun. [...]
...
H. The permit to carry a concealed handgun [...].
The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and shall display the permit and a photo-identification issued by a government agency of the Commonwealth or by the United States Department of Defense or United States State Department (passport) upon demand by a law-enforcement officer. [...]
##endcite##
CHPs provide exemption from the law, so if you do not follow all requirements you are not longer exempt, and therefor guilty of Carrying a Concealed Weapon.
I hope this is not a surprise to anyone! It is an important thing to be aware of if you CC. When you realize you don't have your wallet immediately OC till you get it otherwise it is STILL A CRIME. Many CHP safety classes explain this.
Lets hope HB-52 wins.
You can search the forums and find cases if you want but this is common knowledge stuff.