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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>77788</law_id><section_number>18.2-308.016</section_number><catch_line>Retired law-enforcement officers; carrying a concealed handgun</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>18.2-283.2</reference><reference>18.2-287.01</reference><reference>18.2-287.4</reference><reference>18.2-308</reference><reference>18.2-308.1</reference><reference>22.1-131.1</reference><reference>22.1-277.07</reference><reference>22.1-280.2:1</reference><reference>24.2-604</reference><reference>24.2-671</reference><reference>24.2-802.1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="18.2">Crimes and Offenses Generally</unit><unit label="chapter" level="2" order_by="1" identifier="7">Crimes Involving Health and Safety</unit><unit label="article" level="3" order_by="1" identifier="6.1">Concealed Weapons and Concealed Handgun Permits</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Except as provided in subsection A of &#xA7;&#xA0;<a class="law" title="Prohibited conduct" href="/18.2-308.012/">18.2-308.012</a>, &#xA7;&#xA0;<a class="law" title="Carrying concealed weapons; exceptions; penalty" href="/18.2-308/">18.2-308</a> shall not apply to: <a id="paragraph-278974" class="section-permalink" href="https://vacode.org/18.2-308.016/#A"><i class="fa fa-link"/></a></p></section>
						<section id="A1" class="indent-1"><p><span class="prefix-number">1.</span> Any State Police officer retired from the Department of State Police, any officer retired from the Division of Capitol Police, any local <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span>, auxiliary police officer or animal control officer retired from a police department or sheriff&#x2019;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 &#xA7; <a class="law" title="Powers and duties of Director" href="/53.1-10/">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 <span class="dictionary">Law</span> Enforcement Division of the Virginia Marine Resources Commission, any campus police officer appointed under Article 3 (&#xA7; <a class="law" title="Public institutions of higher education; establishment of campus police departments authorized; employment of officers" href="/23.1-809/">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 &#xA7; <a class="law" title="Enforcement of laws by Commissioner; authority of officers" href="/46.2-217/">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 <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">handgun</span> issued by the chief <span class="dictionary"><span class="dictionary">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 <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span> shall not without cause withhold such written proof if the retired <span class="dictionary"><span class="dictionary">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 <span class="dictionary">handgun</span> shall surrender such proof of consultation upon return to work as a <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span> or upon termination of employment with the <span class="dictionary">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 <span class="dictionary">handgun</span>, he may retain the previously issued written proof of consultation. <a id="paragraph-278975" class="section-permalink" href="https://vacode.org/18.2-308.016/#A1"><i class="fa fa-link"/></a></p></section>
						<section id="A2" class="indent-1"><p><span class="prefix-number">2.</span> Any person who is eligible for retirement with at least 20 years of service with a <span class="dictionary">law</span>-enforcement agency, commission, or board mentioned in subdivision 1 who has resigned in good standing from such <span class="dictionary">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 <span class="dictionary">handgun</span> issued by the chief <span class="dictionary"><span class="dictionary">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 <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span> shall not without cause withhold such written proof if the <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span> otherwise meets the requirements of this section. <a id="paragraph-278976" class="section-permalink" href="https://vacode.org/18.2-308.016/#A2"><i class="fa fa-link"/></a></p></section>
						<section id="A3" class="indent-1"><p><span class="prefix-number">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 <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">law</span>-enforcement duty. <a id="paragraph-278977" class="section-permalink" href="https://vacode.org/18.2-308.016/#A3"><i class="fa fa-link"/></a></p></section>
						<section id="A4" class="indent-1"><p><span class="prefix-number">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 <span class="dictionary"><span class="dictionary">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 <span class="dictionary">handgun</span> issued by the attorney for the Commonwealth from whose office he retired or resigned; and (iv) meets the requirements of a &#x201C;qualified retired <span class="dictionary">law</span> enforcement officer&#x201D; pursuant to the federal <span class="dictionary">Law</span> Enforcement Officers Safety Act of 2004 (18 U.S.C. &#xA7; 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. <a id="paragraph-278978" class="section-permalink" href="https://vacode.org/18.2-308.016/#A4"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> For purposes of complying with the federal <span class="dictionary">Law</span> Enforcement Officers Safety Act of 2004, a retired or resigned <span class="dictionary"><span class="dictionary">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 <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span>&#x2019;s expense, in the same training and testing to carry firearms as is required of active <span class="dictionary"><span class="dictionary">law</span>-enforcement officers</span> in the Commonwealth. If such retired or resigned <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span> meets the training and qualification standards, the chief <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span> shall <span class="dictionary">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. <a id="paragraph-278979" class="section-permalink" href="https://vacode.org/18.2-308.016/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> A retired or resigned <span class="dictionary"><span class="dictionary">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 <span class="dictionary"><span class="dictionary">law</span>-enforcement officers</span> in the Commonwealth. If such retired or resigned <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span> meets the training and qualification standards, the chief <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span> shall <span class="dictionary">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. <a id="paragraph-278980" class="section-permalink" href="https://vacode.org/18.2-308.016/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> For all purposes, including for the purpose of applying the reciprocity provisions of &#xA7; <a class="law" title="Reciprocity" href="/18.2-308.014/">18.2-308.014</a>, any person granted the <span class="dictionary">privilege</span> to carry a concealed <span class="dictionary">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 <span class="dictionary">handgun</span> permit. <a id="paragraph-278981" class="section-permalink" href="https://vacode.org/18.2-308.016/#D"><i class="fa fa-link"/></a></p></section></text><history>2016, cc. 209, 257, 421; 2017, cc. 101, 243, 689; 2018, c. 669; 2020, c. 958.</history><metadata></metadata></law>
