                                 CODE OF VIRGINIA

DISQUALIFICATIONS FOR A CONCEALED HANDGUN PERMIT (§ 18.2-308.09)

The following persons shall be deemed disqualified from obtaining a permit:

1. An individual who is ineligible to possess a firearm pursuant to &#xA7;
18.2-308.1:1, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:6, 18.2-308.1:7, or
18.2-308.1:8 or the substantially similar law of any other state or of the
United States.

2. An individual who was ineligible to possess a firearm pursuant to &#xA7;
18.2-308.1:1 and who was discharged from the custody of the Commissioner
pursuant to &#xA7; 19.2-182.7 less than five years before the date of his
application for a concealed handgun permit.

3. An individual who was ineligible to possess a firearm pursuant to &#xA7;
18.2-308.1:2 and whose competency or capacity was restored pursuant to &#xA7;
64.2-2012 less than five years before the date of his application for a
concealed handgun permit.

4. An individual who was ineligible to possess a firearm under &#xA7;
18.2-308.1:3 and who was released from commitment less than five years before
the date of this application for a concealed handgun permit.

5. An individual who is subject to a restraining order, or to a protective order
and prohibited by &#xA7; 18.2-308.1:4 from purchasing, possessing, or
transporting a firearm.

6. An individual who is prohibited by &#xA7; 18.2-308.2 from possessing or
transporting a firearm, except that a restoration order may be obtained in
accordance with subsection C of that section.

7. An individual who has been convicted of two or more misdemeanors within the
five-year period immediately preceding the application, if one of the
misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion
to deny a permit for two or more misdemeanors that are not Class 1. Traffic
infractions and misdemeanors set forth in Title 46.2 shall not be considered for
purposes of this disqualification.

8. An individual who is addicted to, or is an unlawful user or distributor of,
marijuana, synthetic cannabinoids, or any controlled substance.

9. An individual who has been convicted of a violation of &#xA7; 18.2-266 or a
substantially similar local ordinance, or of public drunkenness, or of a
substantially similar offense under the laws of any other state, the District of
Columbia, the United States, or its territories within the three-year period
immediately preceding the application.

10. An alien other than an alien lawfully admitted for permanent residence in
the United States.

11. An individual who has been discharged from the armed forces of the United
States under dishonorable conditions.

12. An individual who is a fugitive from justice.

13. An individual who the court finds, by a preponderance of the evidence, based
on specific acts by the applicant, is likely to use a weapon unlawfully or
negligently to endanger others. The sheriff, chief of police, or attorney for
the Commonwealth may submit to the court a sworn, written statement indicating
that, in the opinion of such sheriff, chief of police, or attorney for the
Commonwealth, based upon a disqualifying conviction or upon the specific acts
set forth in the statement, the applicant is likely to use a weapon unlawfully
or negligently to endanger others. The statement of the sheriff, chief of
police, or the attorney for the Commonwealth shall be based upon personal
knowledge of such individual or of a deputy sheriff, police officer, or
assistant attorney for the Commonwealth of the specific acts, or upon a written
statement made under oath before a notary public of a competent person having
personal knowledge of the specific acts.

14. An individual who has been convicted of any assault, assault and battery,
sexual battery, discharging of a firearm in violation of &#xA7; 18.2-280 or
18.2-286.1 or brandishing of a firearm in violation of &#xA7; 18.2-282 within
the three-year period immediately preceding the application.

15. An individual who has been convicted of stalking.

16. An individual whose previous convictions or adjudications of delinquency
were based on an offense that would have been at the time of conviction a felony
if committed by an adult under the laws of any state, the District of Columbia,
the United States or its territories. For purposes of this disqualifier, only
convictions occurring within 16 years following the later of the date of (i) the
conviction or adjudication or (ii) release from any incarceration imposed upon
such conviction or adjudication shall be deemed to be &#8220;previous
convictions.&#8221; Disqualification under this subdivision shall not apply to
an individual with previous adjudications of delinquency who has completed a
term of service of no less than two years in the Armed Forces of the United
States and, if such person has been discharged from the Armed Forces of the
United States, received an honorable discharge.

17. An individual who has a felony charge pending or a charge pending for an
offense listed in subdivision 14 or 15.

18. An individual who has received mental health treatment or substance abuse
treatment in a residential setting within five years prior to the date of his
application for a concealed handgun permit.

19. An individual not otherwise ineligible pursuant to this article, who, within
the three-year period immediately preceding the application for the permit, was
found guilty of any criminal offense set forth in Chapter 11 (&#xA7; 4.1-1100 et
seq.) of Title 4.1, Article 1 (&#xA7; 18.2-247 et seq.), or former &#xA7;
18.2-248.1:1 or of a criminal offense of illegal possession or distribution of
marijuana, synthetic cannabinoids, or any controlled substance, under the laws
of any state, the District of Columbia, or the United States or its territories.

20. An individual, not otherwise ineligible pursuant to this article, with
respect to whom, within the three-year period immediately preceding the
application, upon a charge of any criminal offense set forth in Chapter 11
(&#xA7; 4.1-1100 et seq.) of Title 4.1, Article 1 (&#xA7; 18.2-247 et seq.), or
former &#xA7; 18.2-248.1:1 or upon a charge of illegal possession or
distribution of marijuana, synthetic cannabinoids, or any controlled substance
under the laws of any state, the District of Columbia, or the United States or
its territories, the trial court found that the facts of the case were
sufficient for a finding of guilt and disposed of the case pursuant to &#xA7;
18.2-251 or the substantially similar law of any other state, the District of
Columbia, or the United States or its territories.

HISTORY: 2013, c. 746; 2014, cc. 674, 719; 2016, cc. 48, 49, 337; 2019, c. 203;
2020, cc. 150, 887, 888, 1173; 2021, Sp. Sess. I, cc. 550, 551, 555.