Menu
2016 Session

Budget Amendments - HB30 (Member Request)

View Budget Item
View Budget Item amendments

Chief Patron: Lingamfelter
Review of Revocation of Concealed Carry Agreements by the Virginia State Police (language only)

Item 424 #3h

Item 424 #3h

Public Safety and Homeland Security
Department of State Police

Language

Page 356, after line 28, insert:"

D.1. Notwithstanding the provisions of § 18.2-308.014, any action taken by the Virginia State Police to revoke reciprocity in honoring a concealed carry permit of another state is void and of no effect.  Further, the Superintendent of Virginia State Police shall take no action under § 18.2-308.014 or any other provision of law, any Executive Order from the Governor, or legal opinion from the Attorney General to revoke reciprocity in honoring a concealed carry permit of another state without the specific approval of the General Assembly to revoke such agreements pursuant to future legislation that the General Assembly may approve to clarify how such agreements may be entered or revoked.

2. The House Committee of Militia, Police, and Public Safety and the Senate Committee of Courts of Justice (the Committees) shall undertake a review of the concealed carry requirements of any state with whom the Commonwealth has reciprocity as of December 1, 2015 and report their finding to the General Assembly in an interim report on or about January 1, 2017 and a final report on or about January 1, 2018.  Acting in their oversight capacity, the Committees shall examine whether or not another state's concealed carry provisions are in substantial compliance with those of the Commonwealth in order to preserve the rights of citizens of the Commonwealth to travel lawfully in other states who recognize the Commonwealth's concealed carry permits.  

3. The Committees are authorized to coordinate with other states to propose resolution of any potential conflicts with Virginia law that might create a compliance issue that the Committees believe could warrant revocation of a reciprocity agreement with the Commonwealth.  The Committee Chairs shall coordinate directly on their cooperative work to meet the reporting requirements of this provision and, to the extent possible, use teleconferencing to conduct their work.  The Superintendent of Virginia State Police shall provide whatever information and data the Committees may require consistent with law and security protocols in order to conduct their deliberations.  

4. The Superintendent of State Police shall communicate to any of the states with whom the Commonwealth has mutual reciprocity agreements as of December 1, 2015 that any revocation action that the Superintendent may have indicated or communicated that was to occur is hereby suspended until further notice and that their state residents with a valid concealed carry permit will continue to be honored in the Commonwealth as long as Virginia concealed carry permitted individuals are permitted to carry concealed in their respective states.  The Superintendent of Virginia State Police shall, as soon as possible, notify the Committees of any action that is proposed by the Administration or the Office of the Attorney General or any other agency of government in the Commonwealth to circumvent the requirements herein."



Explanation

(This amendment would reverse all actions taken by Virginia State Police to revoke reciprocity in honoring concealed carry permits of other states' residents for all states with whom the Commonwealth enjoyed reciprocity as of December 1, 2015. The House Committee on Militia, Police and Public Safety and the Senate Committee of Courts of Justice are directed to undertake a review of concealed carry permits in other states, and report their findings.)