CHAPTER 190

REGULATIONS RELATING TO THE ISSUANCE OF NONRESIDENT CONCEALED HANDGUN CARRY PERMITS

19VAC30-190-10. Purpose.

The 2004 Virginia General Assembly amended §18.2-308 of the Code of Virginia to authorize nonresidents of Virginia to apply for a concealed handgun permit. Nonresidents of the Commonwealth 21 years of age or older may apply in writing to the Virginia State Police for a five-year permit to carry a concealed handgun. These regulations set forth the procedure for the application for and renewal of nonresident concealed handgun carry permits.

Statutory Authority

§18.2-308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

19VAC30-190-20. How to apply.

Applicants may request an application package by contacting the Virginia State Police Firearms Transaction Center in writing at the below address or online at nonrespermit@vsp.virginia.gov.

All written requests must include the applicant's complete name and mailing address. A telephone number is also requested. Written requests shall be sent to:

Firearms Transaction Center

Nonresident CHP Permits

Criminal Justice Information Services Division

Department of State Police

P.O. Box 85141

Richmond, VA  23285-5141

The application package will include a Concealed Handgun Permit Application, requirement and qualification information, a fingerprint card, a brochure on Virginia Firearms Safety and Laws, a checklist, and a return envelope for the completed application.

Statutory Authority

§18.2-308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

19VAC30-190-30. Application package.

Only a complete application package for a nonresident concealed handgun carry permit will be processed. A complete application package shall include:

1. Form SP-248,

2. Proof of competence with a handgun,

3. Fingerprints,

4. Two photographs,

5. Proof of identification, and

6. The application fee.

Statutory Authority

§18.2-308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

19VAC30-190-40. Application form.

The form (SP-248 Application for Concealed Handgun Permit) will be provided in the application package. Additional copies may be downloaded and printed by visiting the Virginia State Police forms page at http://www.vsp.state.va.us. The application shall be made under oath before a notary or other person qualified to take oaths. The application must be completed in its entirety. Illegible applications will not be processed.

Statutory Authority

§18.2-308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

19VAC30-190-50. Proof of competence with a handgun.

The applicant shall demonstrate competence with a handgun by including in his application package a photocopy of a certificate of completion of any such course or class as set forth in §18.2-308 P 1, an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document that shows completion of the course or class or evidences participation in firearms competition shall satisfy the requirement for demonstration of competence with a handgun.

Statutory Authority

§18.2-308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

19VAC30-190-60. Fingerprint cards.

The application package will contain a Virginia State Police Fingerprint Card. The applicant shall submit fingerprints on the card provided by the Virginia State Police for the purpose of obtaining the applicant''s state or national criminal history record.

The Virginia State Police, Firearms Transaction Center, will submit the prints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the applicant and obtaining fingerprint identification information from federal records pursuant to criminal investigations by state and local law-enforcement agencies.

Upon submission of the fingerprint impressions, the applicant will be required to provide a telephone number of the law-enforcement individual taking the prints to facilitate this department's validation of print authenticity.

Incomplete cards will be returned to the applicant for completion. Illegible impressions will cause the cards to be returned to the applicant for reprinting purposes. All other cards shall be destroyed upon issuance of the permit.

Statutory Authority

§18.2-308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

19VAC30-190-70. Photographs.

Every applicant for a nonresident concealed handgun permit must submit two photographs for inclusion on the permit. The photographs must be:

1. 2 x 2 inches in width and height.

2. Identical.

3. Taken within the past six months.

4. Color or black and white.

5. Full face, front view with a plain white or off-white background with the head centered in the frame. The applicant''s head, including both face and hair, should be shown from the crown of the head to the tip of the chin on top and bottom and from hairline side-to-side. Side or angled views are not accepted.

6. On plain white or off-white backgrounds. Photos with dark, busy, or patterned backgrounds will not be accepted.

7. Taken in normal street attire. Uniforms should not be worn in photographs except religious attire that is worn daily. The applicant should not wear a hat or headgear. If prescription glasses, a hearing device, wig or similar articles are normally worn, they should be worn for the picture.  Dark glasses or nonprescription glasses with tinted lenses are not acceptable unless needed for medical reasons. A medical certificate may be required. A photograph depicting a person wearing a traditional facemask or veil that does not permit adequate identification is not acceptable.

Digitally reproduced photographs must be reproduced without discernible pixels or dot patterns.

Photocopied photographs are NOT accepted.

Photographs will not be returned in instances of denied applications.

Statutory Authority

§18.2-308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

19VAC30-190-80. Proof of identification.

The applicant must provide a legible photocopy of a valid photo-ID issued by a governmental agency of the United States or any political subdivision thereof.

Statutory Authority

§18.2-308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

19VAC30-190-90. Application fee.

All completed application packages must include a money order or cashier's check in the amount of $100 made payable to the Virginia State Police. Receipt of the application without payment will cause the unprocessed application package to be returned to the applicant.

The application fee is nonrefundable regardless of the final determination of eligibility.

Statutory Authority

§18.2-308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

19VAC30-190-100. Permit renewal.

The renewal process is identical to the processes and costs associated with the original permit. It is suggested that all renewal application packages be submitted at least 60 days prior to expiration of the existing permit.

Statutory Authority

§18.2-308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

19VAC30-190-110. Change of address.

Permit holders are requested to notify the Virginia State Police, Firearms Transaction Center (FTC) of changes of address. Notification may be made in writing to the FTC at P.O. Box 85141, Richmond, VA 23285-5141, or online at nonrespermit@vsp.virginia.gov, and must include the permit file number or a photocopy of the permit. A change of address card will be provided to the permit holder to be retained with the original permit.

Statutory Authority

§ of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

19VAC30-190-120. Replacement permits.

A replacement permit may be requested in writing and addressed to the FTC at P.O. Box 85141, Richmond, VA 23285-5141. All requests for replacement must include a cashier's check or money order in the amount of $5.00 made payable to the Virginia State Police, and one of the following:

1. The permit file number,

2. A photocopy of the permit, or

3. A photocopy of a valid photo-ID issued by a governmental agency.

A replacement permit will have the same expiration date as the permit originally issued.

Statutory Authority

§18.2-308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

19VAC30-190-130. Revocation.

If the permittee is later found by the Virginia State Police to be disqualified, the permit shall be revoked and the person shall return the permit after being so notified by the Department of State Police.

Statutory Authority

§18.2-308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

19VAC30-190-140. Appeal process.

If the applicant is denied a nonresident concealed handgun permit and does not believe that he has a previous conviction or other disqualification that renders him ineligible, he may contact the Firearms Transaction Center to discuss the ineligible determination and/or to provide additional information deemed pertinent to the final determination of eligibility.

Any person denied a permit and not satisfied with the explanation provided by the Firearms Transaction Center may appeal such denial to the Superintendent of State Police provided that any such action is initiated within 30 days of the denial by the State Police.  Such appeal must be in writing, setting forth any grounds that the applicant wishes to be considered. The Superintendent of State Police shall consider each such appeal, and will notify the applicant in writing of his decision within five business days after the day on which the appeal is received.

Any person denied a permit for inaccurate or false information may not reapply for a period of 12 months following the date of final denial determination by the Superintendent.

Statutory Authority

§18.2-308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

FORMS

Application for Concealed Handgun Permit, SP-248.