                                 CODE OF VIRGINIA

DENIAL OF A CONCEALED HANDGUN PERMIT; APPEAL (§ 18.2-308.08)

A. 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
&#xA7; 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 &#xA7; 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&#8217;s right to an ore tenus hearing and the requirements for
perfecting an appeal of such order.

B. 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&#8217;s findings of
fact and conclusions of law.

C. 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.

HISTORY: 2013, c. 746; 2021, Sp. Sess. I, c. 489.