Updates for 2007
Here are the major and minor changes enacted by the legislature in 2007.
These changes apply to Edition 6, Copyright 2006.
Click here for a pdf file of the changes, which you can print and insert
into your book, including the page numbers changed.
Regulation of firearms by counties; hunting. Amends existing provisions related to regulation of firearms along public highways by clarifying that the provisions apply to hunting.
Illegal conveyance of firearms; penalty. Makes it a Class 6 felony for any person, except for a law-enforcement officer in the performance of his official duties or other person under the direct supervision of the law-enforcement officer, to attempt to solicit or otherwise entice a firearms dealer to transfer or otherwise convey a firearm other than to an actual buyer. A person who willfully and intentionally aids or abets a person violating this provision is likewise guilty of a Class 6 felony. The bill adds a definition of actual buyer as the person who executes the required consent form provided by the Department of State Police or other firearm transaction record required by federal law.
Concealed handgun permits; fingerprinting. Clarifies that a locality may only require a concealed handgun permit applicant to submit fingerprints when applying for a new permit, but shall not require an existing permit holder to submit fingerprints when renewing a permit.
Model firearms hunting ordinances. Requires the Board of Game and Inland Fisheries to develop, through regulations, model ordinances for hunting with firearms. The ordinances developed by the Board are to address such items as the caliber of the firearm, the type of firearm, and the type of ammunition. A county or city may adopt any of the model ordinances developed by the Board.
Use of shotguns. Authorizes the Board of Game and Inland Fisheries to change the shotgun shell capacity through regulations. This bill also conforms the hours a person can hunt with a pistol, muzzle-loading pistol or revolver to the hours allowed to hunt with other weapons.
Concealed handgun permits; retired law-enforcement officers. Provides that a retired law-enforcement officer who has been issued proof of consultation and review to carry a concealed handgun shall have the opportunity to annually participate, at the retired officer's expense, in the same firearms training required for active duty law-enforcement officers in the Commonwealth. The federal Law Enforcement Officers Safety Act requires that, in order to carry a concealed handgun pursuant to the Act, a retired law-enforcement officer be found by the state to meet the law-enforcement training standards established by the state. If a retired law-enforcement officer meets the training and qualification standards, the chief law-enforcement officer shall issue to the retired officer a certification, valid for one year, indicating that he has met the standards to carry a firearm.
Population brackets. Replaces population brackets and other descriptions found in the Code of Virginia with locality names. This bill is a recommendation of the Code Commission.
In addition, an examination of the Statutes Affected list for 2007
reveals the following changes to Virginia gun law.
§15.2-915.3. See §18.2-308; HB 2106.
Punishment for certain juvenile offenses. Clarifies that a judge may impose all penalties allowable by law for juveniles found delinquent of offenses that require the loss of driving privileges as set forth in §16.1-278.9. SB 1236; CH. 731.
§17.1-406. See §57-2.02; HB 3082.
Capital murder of a judge or witness. Provides that the willful, deliberate and premeditated killing of a judge or justice when the killing is for the purpose of interfering with the judge’s official duties is punishable as capital murder, a Class 1 felony, and that the willful, deliberate and premeditated killing of any witness under subpoena in a criminal case when the killing is for the purpose of interfering with the person’s duties in such case is punishable as capital murder, a Class 1 felony. SB 1116; CH. 846.
Capital murder of a judge; penalty. Provides that the willful, deliberate and premeditated killing of a judge or justice when the killing is for the purpose of interfering with his official duties is punishable as capital murder, a Class 1 felony. HB 2750; CH. 845.
Criminal gang member status; predicate crimes. Adds “felony involving the use of a firearm or other weapon” to the list of crimes that qualify as predicate criminal acts necessary for criminal gang member status, which results in enhanced penalties for certain other crimes. HB 2524; CH. 499.
§§18.2-51.1, 18.2-283.1, 18.2-287.01, and 18.2-308. See §29.1-200; HB 1867.
§§18.2-57.02, 18.2-283.1, 18.2-287.01, 18.2-308.1, 18.2-308.2, 19.2-386.28, and 19.2-386.29 amended.
Stun weapons; definition. Eliminates references to “tasers” throughout the Code of Virginia, and amends the definition of a “stun weapon” to mean any device that emits a momentary or pulsed output, which is electrical, audible, optical or electromagnetic in nature, and which is designed to temporarily incapacitate a person. Previously, the Code of Virginia differentiated between this type of mechanism and a taser, which was defined as emitting a shock through the use of a projectile. HB 2853; CH. 519.
Retrieving hunting dogs; identification. Provides that a hunter who goes on prohibited lands to retrieve his hunting dogs and willfully refuses to identify himself when requested to do so by the landowner is guilty of a Class 4 misdemeanor. HB 2531; CH. 658/SB 884; CH. 145.
Carrying concealed weapons; deployed state troopers. Allows an officer of the Virginia State Police to carry a concealed weapon while called to active duty with the reserve forces of the United States military. Such officers would be issued written proof of consultation and favorable review of the need to carry a concealed handgun that would serve as a concealed handgun permit while the officer is on active duty. The issuance of the proof of consultation and favorable review shall be entered into the Virginia Criminal Information Network. The system is modeled on the process used to allow retired law-enforcement officers to carry concealed weapons without a concealed handgun permit. HB 1988; CH. 455.
§§3.1-1029, 9.1-101, 9.1-400, 9.1-500, 9.1-801, 18.2-51.1, 18.2-283.1, 18.2-287.01, 18.2-308, 29.1-200, 29.1-201, 29.1-204, 29.1-205, 29.1-207, 29.1-208, 29.1-212, 29.1-213, 29.1-217, 29.1-218, 29.1-300.2, 29.1-337, 29.1-349, 29.1-355, 29.1-516, 29.1-517, 29.1-521.3, 29.1-530, 29.1-539, 29.1-548, 29.1-552, 29.1-553, 29.1-556, 29.1-739, 29.1-739.1, 29.1-739.2, 29.1-745, 51.1-212, and 65.2-402.1 amended.
§§29.1-213 and 29.1-214. See §10.1-404; HB 3113/SB 1403.
Game wardens. Replaces the term “game warden” with “conservation police officer” throughout the Code of Virginia. HB 1867; CH. 87.
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