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Thread: HB 1135: Out-of-state concealed handgun permits; photo identification.

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    Regular Member TFred's Avatar
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    HB 1135: Out-of-state concealed handgun permits; photo identification.

    HB 1135: Out-of-state concealed handgun permits; photo identification.

    Out-of-state concealed handgun permits; photo identification. Removes certain requirements for an out-of-state concealed handgun permit to be recognized and accepted in Virginia. Requires an out-of-state permittee to carry and present a valid government-issued photo identification in order for his valid out-of-state concealed weapon permit to be recognized and accepted in Virginia.


    This bill's description is not very clearly written. All it does is remove the complex requirements for establishing reciprocity with another state, and adds in a requirement to carry a government-issued photo ID. Any other state's CHP would be valid in Virginia.

    Here's the whole change in 18.2-308:


    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 that the permit-holder also carries and presents upon the request of any law-enforcement officer a valid government-issued photo identification. 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.


    TFred

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    Regular Member mk4's Avatar
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    Saw this one, too, TF.
    At first read, it seems unobjectionable and should simplify things, which is good... generally speaking.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by mk4 View Post
    Saw this one, too, TF.
    At first read, it seems unobjectionable and should simplify things, which is good... generally speaking.
    It seems to be just a head start on the national reciprocity bill. I always find it amusing that since the Virginia CHP has no photo, they assume that nobody else's does either.

    If you have a permit from another state WITH a photo ID on it, then you obviously shouldn't need a SECOND card with another photo. But they can't seem to write a bill that says that smoothly.

    TFred

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    Quote Originally Posted by TFred View Post
    It seems to be just a head start on the national reciprocity bill. I always find it amusing that since the Virginia CHP has no photo, they assume that nobody else's does either.

    If you have a permit from another state WITH a photo ID on it, then you obviously shouldn't need a SECOND card with another photo. But they can't seem to write a bill that says that smoothly.

    TFred
    By my read, nothing in the bill would require that the photo ID be a separate document. As such, a Utah permit (for example) would serve as both permit and photo ID.

    Also, for the record, some Virginia permits do have a photo on them. Non-residents are required to submit photographs, and my understanding is that their permits display the photo on them.
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    Regular Member paramedic70002's Avatar
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    Quote Originally Posted by TFred View Post
    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.


    TFred
    How about "shall enter into agreements...?"
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    Regular Member TFred's Avatar
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    Quote Originally Posted by paramedic70002 View Post
    How about "shall enter into agreements...?"
    Perhaps the second part (reciprocal agreements) is for the benefit of Virginia CHP holders who visit other states. You can't really put a "shall" there because you can't force the other state to accept your offer for an agreement.

    The new section would read as follows:

    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 that the permit-holder also carries and presents upon the request of any law-enforcement officer a valid government-issued photo identification. 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.

    TFred

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