{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-308.016.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-308.016.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-308.016.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-308.016.html"}],"law_id":77788,"edition_id":1,"section_id":77788,"structure_id":13122,"section_number":"18.2-308.016","catch_line":"Retired law-enforcement officers; carrying a concealed handgun","history":"2016, cc. 209, 257, 421; 2017, cc. 101, 243, 689; 2018, c. 669; 2020, c. 958.","full_text":"A\n\nExcept as provided in subsection A of \u00a7 18.2-308.012, \u00a7 18.2-308 shall not apply to:1\n\nAny State Police officer retired from the Department of State Police, any officer retired from 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 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 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 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 appointed pursuant to § 46.2-217, and 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; (ii) following at least 10 years of service with any such law-enforcement agency, commission, board, or any combination thereof; (iii) who has reached 55 years of age; 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 Commission or the Virginia Alcoholic Beverage Control Authority. A copy of the proof of consultation and favorable review shall be forwarded by the chief, Commission, or Board to the Department of State Police for entry into the Virginia Criminal Information Network. 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. 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 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.2\n\nAny 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. A copy of the proof of consultation and favorable review shall be forwarded by the chief, Commission, or Board to the Department of State Police for entry into the Virginia Criminal Information Network. 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.3\n\nAny 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. The proof of 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 consultation and favorable review shall be entered into the Virginia Criminal Information Network. 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.4\n\nAny 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; (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 resigned; and (iv) meets the requirements of a “qualified retired law enforcement officer” pursuant to the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C. § 926C). A copy of the proof of consultation and favorable review shall be forwarded by the attorney for the Commonwealth to the Department of State Police for entry into the Virginia Criminal Information Network.B\n\nFor purposes of complying with the federal Law Enforcement Officers Safety Act of 2004, a retired or resigned law-enforcement officer, including a retired or resigned attorney for the Commonwealth or assistant attorney for the Commonwealth, who receives proof of consultation and review pursuant to this section shall have the opportunity to annually participate, at the retired or resigned law-enforcement officer’s expense, in the same training and testing to carry firearms as is required of active law-enforcement officers in the Commonwealth. If such retired or resigned law-enforcement officer meets the training and qualification standards, the chief law-enforcement officer shall issue the retired or resigned officer certification, valid one year from the date of issuance, indicating that the retired or resigned officer has met the standards of the agency to carry a firearm.C\n\nA retired or resigned law-enforcement officer, including a retired or resigned attorney for the Commonwealth or assistant attorney for the Commonwealth, who receives proof of consultation and review pursuant to this section may annually participate and meet the training and qualification standards to carry firearms as is required of active law-enforcement officers in the Commonwealth. If such retired or resigned law-enforcement officer meets the training and qualification standards, the chief law-enforcement officer shall issue the retired or resigned officer certification, 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. A copy of the certification indicating that the retired or resigned officer has met the standards of the Commonwealth to carry a firearm shall be forwarded by the chief, Commission, Board, or attorney for the Commonwealth to the Department of State Police for entry into the Virginia Criminal Information Network.D\n\nFor all purposes, including for the purpose of applying the reciprocity provisions of § 18.2-308.014, any person granted the privilege to carry a concealed handgun pursuant to this section, while carrying the proof of consultation and favorable review required, shall be deemed to have been issued a concealed handgun permit.","order_by":null,"text":{"0":{"id":278974,"text":"Except as provided in subsection A of \u00a7 18.2-308.012, \u00a7 18.2-308 shall not apply to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":278975,"text":"Any State Police officer retired from the Department of State Police, any officer retired from 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 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 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 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 appointed pursuant to § 46.2-217, and 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; (ii) following at least 10 years of service with any such law-enforcement agency, commission, board, or any combination thereof; (iii) who has reached 55 years of age; 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 Commission or the Virginia Alcoholic Beverage Control Authority. A copy of the proof of consultation and favorable review shall be forwarded by the chief, Commission, or Board to the Department of State Police for entry into the Virginia Criminal Information Network. 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. 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 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.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":278976,"text":"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. A copy of the proof of consultation and favorable review shall be forwarded by the chief, Commission, or Board to the Department of State Police for entry into the Virginia Criminal Information Network. 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.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":278977,"text":"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. The proof of 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 consultation and favorable review shall be entered into the Virginia Criminal Information Network. 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.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":278978,"text":"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; (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 resigned; and (iv) meets the requirements of a “qualified retired law enforcement officer” pursuant to the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C. § 926C). A copy of the proof of consultation and favorable review shall be forwarded by the attorney for the Commonwealth to the Department of State Police for entry into the Virginia Criminal Information Network.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":278979,"text":"For purposes of complying with the federal Law Enforcement Officers Safety Act of 2004, a retired or resigned law-enforcement officer, including a retired or resigned attorney for the Commonwealth or assistant attorney for the Commonwealth, who receives proof of consultation and review pursuant to this section shall have the opportunity to annually participate, at the retired or resigned law-enforcement officer’s expense, in the same training and testing to carry firearms as is required of active law-enforcement officers in the Commonwealth. If such retired or resigned law-enforcement officer meets the training and qualification standards, the chief law-enforcement officer shall issue the retired or resigned officer certification, valid one year from the date of issuance, indicating that the retired or resigned officer has met the standards of the agency to carry a firearm.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":278980,"text":"A retired or resigned law-enforcement officer, including a retired or resigned attorney for the Commonwealth or assistant attorney for the Commonwealth, who receives proof of consultation and review pursuant to this section may annually participate and meet the training and qualification standards to carry firearms as is required of active law-enforcement officers in the Commonwealth. If such retired or resigned law-enforcement officer meets the training and qualification standards, the chief law-enforcement officer shall issue the retired or resigned officer certification, 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. A copy of the certification indicating that the retired or resigned officer has met the standards of the Commonwealth to carry a firearm shall be forwarded by the chief, Commission, Board, or attorney for the Commonwealth to the Department of State Police for entry into the Virginia Criminal Information Network.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":278981,"text":"For all purposes, including for the purpose of applying the reciprocity provisions of § 18.2-308.014, any person granted the privilege to carry a concealed handgun pursuant to this section, while carrying the proof of consultation and favorable review required, shall be deemed to have been issued a concealed handgun permit.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13122,"edition_id":1,"name":"Concealed Weapons and Concealed Handgun Permits","identifier":"6.1","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":167119,"object_type":"structure","relational_id":13122,"identifier":"6.1","token":"18.2\/7\/6.1","url":"\/18.2\/7\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85552,"structure_id":13122,"section_number":"18.2-307.1","catch_line":"Definitions","url":"\/18.2-307.1\/","token":"18.2\/7\/6.1\/18.2-307.1","metadata":false},{"id":56600,"structure_id":13122,"section_number":"18.2-308","catch_line":"Carrying concealed weapons; exceptions; penalty","url":"\/18.2-308\/","token":"18.2\/7\/6.1\/18.2-308","metadata":false},{"id":78687,"structure_id":13122,"section_number":"18.2-308.01","catch_line":"Carrying a concealed handgun with a permit","url":"\/18.2-308.01\/","token":"18.2\/7\/6.1\/18.2-308.01","metadata":false},{"id":57991,"structure_id":13122,"section_number":"18.2-308.010","catch_line":"Renewal of concealed handgun permit","url":"\/18.2-308.010\/","token":"18.2\/7\/6.1\/18.2-308.010","metadata":false},{"id":54818,"structure_id":13122,"section_number":"18.2-308.011","catch_line":"Replacement permits","url":"\/18.2-308.011\/","token":"18.2\/7\/6.1\/18.2-308.011","metadata":false},{"id":56622,"structure_id":13122,"section_number":"18.2-308.012","catch_line":"Prohibited conduct","url":"\/18.2-308.012\/","token":"18.2\/7\/6.1\/18.2-308.012","metadata":false},{"id":76584,"structure_id":13122,"section_number":"18.2-308.013","catch_line":"Suspension or revocation of permit","url":"\/18.2-308.013\/","token":"18.2\/7\/6.1\/18.2-308.013","metadata":false},{"id":54156,"structure_id":13122,"section_number":"18.2-308.014","catch_line":"Reciprocity","url":"\/18.2-308.014\/","token":"18.2\/7\/6.1\/18.2-308.014","metadata":false},{"id":77380,"structure_id":13122,"section_number":"18.2-308.015","catch_line":"Inclusion of Supreme Court website on application","url":"\/18.2-308.015\/","token":"18.2\/7\/6.1\/18.2-308.015","metadata":false},{"id":77788,"structure_id":13122,"section_number":"18.2-308.016","catch_line":"Retired law-enforcement officers; carrying a concealed handgun","url":"\/18.2-308.016\/","token":"18.2\/7\/6.1\/18.2-308.016","metadata":false},{"id":54280,"structure_id":13122,"section_number":"18.2-308.02","catch_line":"Application for a concealed handgun permit; Virginia resident or domiciliary","url":"\/18.2-308.02\/","token":"18.2\/7\/6.1\/18.2-308.02","metadata":false},{"id":73895,"structure_id":13122,"section_number":"18.2-308.03","catch_line":"Fees for concealed handgun permits","url":"\/18.2-308.03\/","token":"18.2\/7\/6.1\/18.2-308.03","metadata":false},{"id":82888,"structure_id":13122,"section_number":"18.2-308.04","catch_line":"Processing of the application and issuance of a concealed handgun permit","url":"\/18.2-308.04\/","token":"18.2\/7\/6.1\/18.2-308.04","metadata":false},{"id":60909,"structure_id":13122,"section_number":"18.2-308.05","catch_line":"Issuance of a de facto permit","url":"\/18.2-308.05\/","token":"18.2\/7\/6.1\/18.2-308.05","metadata":false},{"id":67217,"structure_id":13122,"section_number":"18.2-308.06","catch_line":"Nonresident concealed handgun permits","url":"\/18.2-308.06\/","token":"18.2\/7\/6.1\/18.2-308.06","metadata":false},{"id":71655,"structure_id":13122,"section_number":"18.2-308.07","catch_line":"Entry of information into the Virginia Criminal Information Network","url":"\/18.2-308.07\/","token":"18.2\/7\/6.1\/18.2-308.07","metadata":false},{"id":73002,"structure_id":13122,"section_number":"18.2-308.08","catch_line":"Denial of a concealed handgun permit; appeal","url":"\/18.2-308.08\/","token":"18.2\/7\/6.1\/18.2-308.08","metadata":false},{"id":85822,"structure_id":13122,"section_number":"18.2-308.09","catch_line":"Disqualifications for a concealed handgun permit","url":"\/18.2-308.09\/","token":"18.2\/7\/6.1\/18.2-308.09","metadata":false}],"previous_section":{"id":77380,"structure_id":13122,"section_number":"18.2-308.015","catch_line":"Inclusion of Supreme Court website on application","url":"\/18.2-308.015\/","token":"18.2\/7\/6.1\/18.2-308.015","metadata":false},"next_section":{"id":54280,"structure_id":13122,"section_number":"18.2-308.02","catch_line":"Application for a concealed handgun permit; Virginia resident or domiciliary","url":"\/18.2-308.02\/","token":"18.2\/7\/6.1\/18.2-308.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-308.016\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapters 209<\/a>, 257<\/a>, and 421<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2017, chapters 101<\/a>, 243<\/a>, and 689<\/a>; in 2018, chapter 669<\/a>; in 2020, chapter 958<\/a>.<\/p>","references":[{"id":80457,"section_number":"18.2-283.2","catch_line":"Carrying a firearm or explosive material within Capitol Square and the surrounding area, into a building owned or leased by the Commonwealth, etc.; penalty","order_by":null,"url":"\/18.2-283.2\/"},{"id":70707,"section_number":"18.2-287.01","catch_line":"Carrying weapon in air carrier airport terminal","order_by":null,"url":"\/18.2-287.01\/"},{"id":74480,"section_number":"18.2-287.4","catch_line":"Carrying loaded firearms in public areas prohibited; penalty","order_by":null,"url":"\/18.2-287.4\/"},{"id":56600,"section_number":"18.2-308","catch_line":"Carrying concealed weapons; exceptions; penalty","order_by":null,"url":"\/18.2-308\/"},{"id":58832,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","order_by":null,"url":"\/18.2-308.1\/"},{"id":65830,"section_number":"22.1-131.1","catch_line":"Certain school board property; establishment of gun-free zone permitted","order_by":null,"url":"\/22.1-131.1\/"},{"id":67657,"section_number":"22.1-277.07","catch_line":"Expulsion of students under certain circumstances; exceptions","order_by":null,"url":"\/22.1-277.07\/"},{"id":65627,"section_number":"22.1-280.2:1","catch_line":"Employment of school security officers","order_by":null,"url":"\/22.1-280.2_1\/"},{"id":56096,"section_number":"24.2-604","catch_line":"Polling places; prohibited activities; prohibited area; penalties","order_by":null,"url":"\/24.2-604\/"},{"id":63223,"section_number":"24.2-671","catch_line":"Electoral board to meet and ascertain results; conclusiveness of results","order_by":null,"url":"\/24.2-671\/"},{"id":60616,"section_number":"24.2-802.1","catch_line":"Preliminary hearing; court to fix procedure for recount, appoint officers, and supervise the recount","order_by":null,"url":"\/24.2-802.1\/"}],"refers_to":[{"id":56600,"section_number":"18.2-308","catch_line":"Carrying concealed weapons; exceptions; penalty","order_by":null,"url":"\/18.2-308\/"},{"id":56622,"section_number":"18.2-308.012","catch_line":"Prohibited conduct","order_by":null,"url":"\/18.2-308.012\/"},{"id":54156,"section_number":"18.2-308.014","catch_line":"Reciprocity","order_by":null,"url":"\/18.2-308.014\/"},{"id":60667,"section_number":"23.1-809","catch_line":"Public institutions of higher education; establishment of campus police departments authorized; employment of officers","order_by":null,"url":"\/23.1-809\/"},{"id":77591,"section_number":"46.2-217","catch_line":"Enforcement of laws by Commissioner; authority of officers","order_by":null,"url":"\/46.2-217\/"},{"id":83752,"section_number":"53.1-10","catch_line":"Powers and duties of Director","order_by":null,"url":"\/53.1-10\/"}],"permalink":{"id":167157,"object_type":"law","relational_id":77788,"identifier":"18.2-308.016","token":"18.2\/7\/6.1\/18.2-308.016","url":"\/18.2-308.016\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-308.016\/","token":"18.2\/7\/6.1\/18.2-308.016","dublin_core":{"Title":"Retired law-enforcement officers; carrying a concealed handgun","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-308.016","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection A of \u00a7 18.2-308.012<\/a>, \u00a7 18.2-308<\/a> shall not apply to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any State Police officer retired from the Department of State Police, any officer retired from the Division of Capitol Police, any local law<\/span>-enforcement officer<\/span>, 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 Authority, any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10<\/a> retired from the Department of Corrections, any conservation 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<\/span> Enforcement Division of the Virginia Marine Resources Commission, any campus police officer appointed under Article 3 (§ 23.1-809<\/a> 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 appointed pursuant to § 46.2-217<\/a>, and 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; (ii) following at least 10 years of service with any such law<\/span>-enforcement agency, commission, board, or any combination thereof; (iii) who has reached 55 years of age; or (iv) who is on long-term leave from such law<\/span>-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<\/span> issued by the chief law<\/span>-enforcement officer<\/span> 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 Commission or the Virginia Alcoholic Beverage Control Authority. A copy of the proof of consultation and favorable review shall be forwarded by the chief, Commission, or Board to the Department of State Police for entry into the Virginia Criminal Information Network. The chief law<\/span>-enforcement officer<\/span> shall not without cause withhold such written proof if the retired law<\/span>-enforcement officer<\/span> 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<\/span> shall surrender such proof of consultation upon return to work as a law<\/span>-enforcement officer<\/span> or upon termination of employment with the law<\/span>-enforcement agency. 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 service-related injury, and would be eligible under clause (i) for written proof of consultation to carry a concealed handgun<\/span>, he may retain the previously issued written proof of consultation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any person who is eligible for retirement with at least 20 years of service with a law<\/span>-enforcement agency, commission, or board mentioned in subdivision 1 who has resigned in good standing from such law<\/span>-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<\/span> issued by the chief law<\/span>-enforcement officer<\/span> 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. A copy of the proof of consultation and favorable review shall be forwarded by the chief, Commission, or Board to the Department of State Police for entry into the Virginia Criminal Information Network. The chief law<\/span>-enforcement officer<\/span> shall not without cause withhold such written proof if the law<\/span>-enforcement officer<\/span> otherwise meets the requirements of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> 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<\/span> issued by the Superintendent of State Police. The proof of 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<\/span>-enforcement duty. The issuance of the proof of consultation and favorable review shall be entered into the Virginia Criminal Information Network. 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<\/span>-enforcement duty. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> 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<\/span>-enforcement officers<\/span> in the Commonwealth; (iii) carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun<\/span> issued by the attorney for the Commonwealth from whose office he retired or resigned; and (iv) meets the requirements of a “qualified retired law<\/span> enforcement officer” pursuant to the federal Law<\/span> Enforcement Officers Safety Act of 2004 (18 U.S.C. § 926C). A copy of the proof of consultation and favorable review shall be forwarded by the attorney for the Commonwealth to the Department of State Police for entry into the Virginia Criminal Information Network. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For purposes of complying with the federal Law<\/span> Enforcement Officers Safety Act of 2004, a retired or resigned law<\/span>-enforcement officer<\/span>, including a retired or resigned attorney for the Commonwealth or assistant attorney for the Commonwealth, who receives proof of consultation and review pursuant to this section shall have the opportunity to annually participate, at the retired or resigned law<\/span>-enforcement officer<\/span>’s expense, in the same training and testing to carry firearms as is required of active law<\/span>-enforcement officers<\/span> in the Commonwealth. If such retired or resigned law<\/span>-enforcement officer<\/span> meets the training and qualification standards, the chief law<\/span>-enforcement officer<\/span> shall issue<\/span> the retired or resigned officer certification, valid one year from the date of issuance, indicating that the retired or resigned officer has met the standards of the agency to carry a firearm. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A retired or resigned law<\/span>-enforcement officer<\/span>, including a retired or resigned attorney for the Commonwealth or assistant attorney for the Commonwealth, who receives proof of consultation and review pursuant to this section may annually participate and meet the training and qualification standards to carry firearms as is required of active law<\/span>-enforcement officers<\/span> in the Commonwealth. If such retired or resigned law<\/span>-enforcement officer<\/span> meets the training and qualification standards, the chief law<\/span>-enforcement officer<\/span> shall issue<\/span> the retired or resigned officer certification, 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. A copy of the certification indicating that the retired or resigned officer has met the standards of the Commonwealth to carry a firearm shall be forwarded by the chief, Commission, Board, or attorney for the Commonwealth to the Department of State Police for entry into the Virginia Criminal Information Network. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For all purposes, including for the purpose of applying the reciprocity provisions of § 18.2-308.014<\/a>, any person granted the privilege<\/span> to carry a concealed handgun<\/span> pursuant to this section, while carrying the proof of consultation and favorable review required, shall be deemed to have been issued a concealed handgun<\/span> permit. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRETIRED LAW-ENFORCEMENT OFFICERS; CARRYING A CONCEALED HANDGUN (\u00a7 18.2-308.016)\n\nA. Except as provided in subsection A of \u00a7 18.2-308.012, \u00a7 18.2-308 shall not\napply to:\n\n 1. Any State Police officer retired from the Department of State Police, any\n officer retired from the Division of Capitol Police, any local law-enforcement\n officer, auxiliary police officer or animal control officer retired from a\n police department or sheriff’s office within the Commonwealth, any\n special agent retired from the State Corporation Commission or the Virginia\n Alcoholic Beverage Control Authority, any employee with internal\n investigations authority designated by the Department of Corrections pursuant\n to subdivision 11 of § 53.1-10 retired from the Department of\n Corrections, any conservation police officer retired from the Department of\n Wildlife Resources, any conservation officer retired from the Department of\n Conservation and Recreation, any Virginia Marine Police officer retired from\n the Law Enforcement Division of the Virginia Marine Resources Commission, any\n campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of\n Chapter 8 of Title 23.1 retired from a campus police department, any retired\n member of the enforcement division of the Department of Motor Vehicles\n appointed pursuant to § 46.2-217, and any retired investigator of the\n security division of the Virginia Lottery, other than an officer or agent\n terminated for cause, (i) with a service-related disability; (ii) following at\n least 10 years of service with any such law-enforcement agency, commission,\n board, or any combination thereof; (iii) who has reached 55 years of age; or\n (iv) who is on long-term leave from such law-enforcement agency or board due\n to a service-related injury, provided such officer carries with him written\n proof of consultation with and favorable review of the need to carry a\n concealed handgun issued by the chief law-enforcement officer of the last such\n agency from which the officer retired or the agency that employs the officer\n or, in the case of special agents, issued by the State Corporation Commission\n or the Virginia Alcoholic Beverage Control Authority. A copy of the proof of\n consultation and favorable review shall be forwarded by the chief, Commission,\n or Board to the Department of State Police for entry into the Virginia\n Criminal Information Network. The chief law-enforcement officer shall not\n without cause withhold such written proof if the retired law-enforcement\n officer otherwise meets the requirements of this section. An officer set forth\n in clause (iv) who receives written proof of consultation to carry a concealed\n handgun shall surrender such proof of consultation upon return to work as a\n law-enforcement officer or upon termination of employment with the\n law-enforcement agency. Notice of the surrender shall be forwarded to the\n Department of State Police for entry into the Virginia Criminal Information\n Network. However, if such officer retires on disability because of the\n service-related injury, and would be eligible under clause (i) for written\n proof of consultation to carry a concealed handgun, he may retain the\n previously issued written proof of consultation.\n\n 2. Any person who is eligible for retirement with at least 20 years of service\n with a law-enforcement agency, commission, or board mentioned in subdivision 1\n who has resigned in good standing from such law-enforcement agency,\n commission, or board to accept a position covered by a retirement system that\n is authorized under Title 51.1, provided such person carries with him written\n proof of consultation with and favorable review of the need to carry a\n concealed handgun issued by the chief law-enforcement officer of the agency\n from which he resigned or, in the case of special agents, issued by the State\n Corporation Commission or the Virginia Alcoholic Beverage Control Authority. A\n copy of the proof of consultation and favorable review shall be forwarded by\n the chief, Commission, or Board to the Department of State Police for entry\n into the Virginia Criminal Information Network. The chief law-enforcement\n officer shall not without cause withhold such written proof if the\n law-enforcement officer otherwise meets the requirements of this section.\n\n 3. Any State Police officer who is a member of the organized reserve forces of\n any of the Armed Services of the United States or National Guard, while such\n officer is called to active military duty, provided such officer carries with\n him written proof of consultation with and favorable review of the need to\n carry a concealed handgun issued by the Superintendent of State Police. The\n proof of consultation and favorable review shall be valid as long as the\n officer is on active military duty and shall expire when the officer returns\n to active law-enforcement duty. The issuance of the proof of consultation and\n favorable review shall be entered into the Virginia Criminal Information\n Network. The Superintendent of State Police shall not without cause withhold\n such written proof if the officer is in good standing and is qualified to\n carry a weapon while on active law-enforcement duty.\n\n 4. Any retired or resigned attorney for the Commonwealth or assistant attorney\n for the Commonwealth who (i) was not terminated for cause and served at least\n 10 years prior to his retirement or resignation; (ii) during the most recent\n 12-month period, has met, at his own expense, the standards for qualification\n in firearms training for active law-enforcement officers in the Commonwealth;\n (iii) carries with him written proof of consultation with and favorable review\n of the need to carry a concealed handgun issued by the attorney for the\n Commonwealth from whose office he retired or resigned; and (iv) meets the\n requirements of a “qualified retired law enforcement officer”\n pursuant to the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C.\n § 926C). A copy of the proof of consultation and favorable review shall\n be forwarded by the attorney for the Commonwealth to the Department of State\n Police for entry into the Virginia Criminal Information Network.\n\nB. For purposes of complying with the federal Law Enforcement Officers Safety\nAct of 2004, a retired or resigned law-enforcement officer, including a retired\nor resigned attorney for the Commonwealth or assistant attorney for the\nCommonwealth, who receives proof of consultation and review pursuant to this\nsection shall have the opportunity to annually participate, at the retired or\nresigned law-enforcement officer’s expense, in the same training and\ntesting to carry firearms as is required of active law-enforcement officers in\nthe Commonwealth. If such retired or resigned law-enforcement officer meets the\ntraining and qualification standards, the chief law-enforcement officer shall\nissue the retired or resigned officer certification, valid one year from the\ndate of issuance, indicating that the retired or resigned officer has met the\nstandards of the agency to carry a firearm.\n\nC. A retired or resigned law-enforcement officer, including a retired or\nresigned attorney for the Commonwealth or assistant attorney for the\nCommonwealth, who receives proof of consultation and review pursuant to this\nsection may annually participate and meet the training and qualification\nstandards to carry firearms as is required of active law-enforcement officers in\nthe Commonwealth. If such retired or resigned law-enforcement officer meets the\ntraining and qualification standards, the chief law-enforcement officer shall\nissue the retired or resigned officer certification, valid one year from the\ndate of issuance, indicating that the retired or resigned officer has met the\nstandards of the Commonwealth to carry a firearm. A copy of the certification\nindicating that the retired or resigned officer has met the standards of the\nCommonwealth to carry a firearm shall be forwarded by the chief, Commission,\nBoard, or attorney for the Commonwealth to the Department of State Police for\nentry into the Virginia Criminal Information Network.\n\nD. For all purposes, including for the purpose of applying the reciprocity\nprovisions of § 18.2-308.014, any person granted the privilege to carry a\nconcealed handgun pursuant to this section, while carrying the proof of\nconsultation and favorable review required, shall be deemed to have been issued\na concealed handgun permit.\n\nHISTORY: 2016, cc. 209, 257, 421; 2017, cc. 101, 243, 689; 2018, c. 669; 2020,\nc. 958.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}