{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-308.08.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-308.08.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-308.08.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-308.08.html"}],"law_id":73002,"edition_id":1,"section_id":73002,"structure_id":13122,"section_number":"18.2-308.08","catch_line":"Denial of a concealed handgun permit; appeal","history":"2013, c. 746; 2021, Sp. Sess. I, c. 489.","full_text":"A\n\nOnly a circuit court judge may deny issuance of a concealed handgun permit to a Virginia resident or domiciliary who has applied for a permit pursuant to § 18.2-308.04. Any order denying issuance of a concealed handgun permit shall state the basis for the denial of the permit, including, if applicable, any reason under § 18.2-308.09 that is the basis of the denial, and the clerk shall provide notice, in writing, upon denial of the application, of the applicant’s right to an ore tenus hearing and the requirements for perfecting an appeal of such order.B\n\nUpon request of the applicant made within 21 days, the court shall place the matter on the docket for an ore tenus hearing. The applicant may be represented by counsel, but counsel shall not be appointed, and the rules of evidence shall apply. The final order of the court shall include the court’s findings of fact and conclusions of law.C\n\nAny person denied a permit to carry a concealed handgun by the circuit court may appeal to the Court of Appeals. Such person shall file a notice of appeal with the clerk of the circuit court noting an appeal to the Court of Appeals and file his opening brief with the Court of Appeals within 60 days of the expiration of the time for requesting an ore tenus hearing, or if an ore tenus hearing is requested, within 60 days of the entry of the final order of the circuit court following the hearing. The opening brief shall be accompanied by a copy of the original papers filed in the circuit court, including a copy of the order of the circuit court denying the permit. The decision of the Court of Appeals or judge shall be final. Notwithstanding any other provision of law, if the decision to deny the permit is reversed upon appeal, taxable costs incurred by the person shall be paid by the Commonwealth.","order_by":null,"text":{"0":{"id":262922,"text":"Only a circuit court judge may deny issuance of a concealed handgun permit to a Virginia resident or domiciliary who has applied for a permit pursuant to § 18.2-308.04. Any order denying issuance of a concealed handgun permit shall state the basis for the denial of the permit, including, if applicable, any reason under § 18.2-308.09 that is the basis of the denial, and the clerk shall provide notice, in writing, upon denial of the application, of the applicant’s right to an ore tenus hearing and the requirements for perfecting an appeal of such order.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":262923,"text":"Upon request of the applicant made within 21 days, the court shall place the matter on the docket for an ore tenus hearing. The applicant may be represented by counsel, but counsel shall not be appointed, and the rules of evidence shall apply. The final order of the court shall include the court’s findings of fact and conclusions of law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":262924,"text":"Any person denied a permit to carry a concealed handgun by the circuit court may appeal to the Court of Appeals. Such person shall file a notice of appeal with the clerk of the circuit court noting an appeal to the Court of Appeals and file his opening brief with the Court of Appeals within 60 days of the expiration of the time for requesting an ore tenus hearing, or if an ore tenus hearing is requested, within 60 days of the entry of the final order of the circuit court following the hearing. The opening brief shall be accompanied by a copy of the original papers filed in the circuit court, including a copy of the order of the circuit court denying the permit. The decision of the Court of Appeals or judge shall be final. Notwithstanding any other provision of law, if the decision to deny the permit is reversed upon appeal, taxable costs incurred by the person shall be paid by the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-308.08\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapter 746<\/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.<\/p>","references":[{"id":82888,"section_number":"18.2-308.04","catch_line":"Processing of the application and issuance of a concealed handgun permit","order_by":null,"url":"\/18.2-308.04\/"}],"refers_to":[{"id":82888,"section_number":"18.2-308.04","catch_line":"Processing of the application and issuance of a concealed handgun permit","order_by":null,"url":"\/18.2-308.04\/"},{"id":85822,"section_number":"18.2-308.09","catch_line":"Disqualifications for a concealed handgun permit","order_by":null,"url":"\/18.2-308.09\/"}],"permalink":{"id":167185,"object_type":"law","relational_id":73002,"identifier":"18.2-308.08","token":"18.2\/7\/6.1\/18.2-308.08","url":"\/18.2-308.08\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-308.08\/","token":"18.2\/7\/6.1\/18.2-308.08","dublin_core":{"Title":"Denial of a concealed handgun permit; appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-308.08","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Only a circuit<\/span> court<\/span> judge<\/span> may deny issuance of a concealed handgun<\/span> permit to a Virginia resident or domiciliary who has applied for a permit pursuant to § 18.2-308.04<\/a>. Any order<\/span> denying issuance of a concealed handgun<\/span> permit shall state the basis for the denial of the permit, including, if applicable, any reason under § 18.2-308.09<\/a> that is the basis of the denial, and the clerk shall provide notice, in writing, upon denial of the application, of the applicant’s right to an ore tenus<\/span> hearing<\/span> and the requirements for perfecting an appeal<\/span> of such order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon request of the applicant made within 21 days, the court<\/span> shall place the matter on the docket<\/span> for an ore tenus<\/span> hearing<\/span>. The applicant may be represented by counsel<\/span>, but counsel<\/span> shall not be appointed, and the rules of evidence<\/span> shall apply. The final order<\/span> of the court<\/span> shall include the court<\/span>’s findings<\/span> of fact<\/span> and conclusions of law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person denied a permit to carry a concealed handgun<\/span> by the circuit<\/span> court<\/span> may appeal to the Court<\/span> of Appeals<\/span>. Such person shall file a notice of appeal<\/span> with the clerk of the circuit<\/span> court<\/span> noting an appeal to the Court<\/span> of Appeals<\/span> and file his opening brief<\/span> with the Court<\/span> of Appeals<\/span> within 60 days of the expiration of the time for requesting an ore tenus<\/span> hearing<\/span>, or if an ore tenus<\/span> hearing<\/span> is requested, within 60 days of the entry of the final order<\/span> of the circuit<\/span> court<\/span> following the hearing<\/span>. The opening brief<\/span> shall be accompanied by a copy of the original papers filed in the circuit<\/span> court<\/span>, including a copy of the order of the circuit<\/span> court<\/span> denying the permit. The decision of the Court<\/span> of Appeals<\/span> or judge<\/span> shall be final. Notwithstanding any other provision of law<\/span>, if the decision to deny the permit is reversed upon appeal, taxable costs incurred by the person shall be paid by the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDENIAL OF A CONCEALED HANDGUN PERMIT; APPEAL (\u00a7 18.2-308.08)\n\nA. Only a circuit court judge may deny issuance of a concealed handgun permit to\na Virginia resident or domiciliary who has applied for a permit pursuant to\n§ 18.2-308.04. Any order denying issuance of a concealed handgun permit\nshall state the basis for the denial of the permit, including, if applicable,\nany reason under § 18.2-308.09 that is the basis of the denial, and the\nclerk shall provide notice, in writing, upon denial of the application, of the\napplicant’s right to an ore tenus hearing and the requirements for\nperfecting an appeal of such order.\n\nB. Upon request of the applicant made within 21 days, the court shall place the\nmatter on the docket for an ore tenus hearing. The applicant may be represented\nby counsel, but counsel shall not be appointed, and the rules of evidence shall\napply. The final order of the court shall include the court’s findings of\nfact and conclusions of law.\n\nC. Any person denied a permit to carry a concealed handgun by the circuit court\nmay appeal to the Court of Appeals. Such person shall file a notice of appeal\nwith the clerk of the circuit court noting an appeal to the Court of Appeals and\nfile his opening brief with the Court of Appeals within 60 days of the\nexpiration of the time for requesting an ore tenus hearing, or if an ore tenus\nhearing is requested, within 60 days of the entry of the final order of the\ncircuit court following the hearing. The opening brief shall be accompanied by a\ncopy of the original papers filed in the circuit court, including a copy of the\norder of the circuit court denying the permit. The decision of the Court of\nAppeals or judge shall be final. Notwithstanding any other provision of law, if\nthe decision to deny the permit is reversed upon appeal, taxable costs incurred\nby the person shall be paid by the Commonwealth.\n\nHISTORY: 2013, c. 746; 2021, Sp. Sess. I, c. 489.","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}}