Sec. 16-8.
Carrying concealed weapons.
(a) If any person carries about his
person, hidden from common observation, (i) any pistol, revolver, or other
weapon designed or intended to propel a missile of any kind by action of
an explosion of any combustible material, or (ii) any dirk, bowie knife,
switchblade knife, ballistic knife, razor, slingshot, spring stick, metal knucks, blackjack, or (iii) any flailing instrument consisting of two or
more rigid parts connected in such a manner as to allow them to swing
freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken,
or fighting chain, or (iv) any disc, of whatever configuration, having at
least two points or pointed blades which is designed to be thrown or
propelled and which may be known as a throwing star or oriental dart, or
(v) any weapon of like kind as those enumerated in this subsection, he
shall be guilty of a Class 1 misdemeanor. Any weapon used in the
commission of a violation of this section shall be forfeited to the
Commonwealth and may be seized by an officer as forfeited, and such as may
be needed for police officers, conservators of the peace, and the Division
of Forensic Science shall be devoted to that purpose, subject to any
registration requirements of federal law, and the remainder shall be
disposed of as provided in § 18.2-310, Code of Virginia. For the purpose
of this section, a weapon shall be deemed to be hidden from common
observation when it is observable but is of such deceptive appearance as
to disguise the weapon’s true nature.
(b) This section shall not apply to
those individuals exempted from its provisions by Section 18.2-308, B and C,
Code of Virginia.
(c) Any
person wishing to obtain a permit to carry a concealed handgun must apply
pursuant to Section 18.2-308 (D), Code of Virginia, and shall be required to
submit to fingerprinting for the purpose of obtaining the applicant's state
or national criminal history record. As a condition for the issuance of a
concealed handgun permit, the applicant shall submit to fingerprinting by
the York County Sheriff and provide personal descriptive information to be
forwarded with the fingerprints through the Central Criminal Records
Exchange to the Federal Bureau of Investigation for the purpose of obtaining
criminal history record information regarding the applicant, and obtaining
fingerprint identification information from federal records pursuant to
criminal investigations by state and local law enforcement agencies. Upon
completion of the criminal history records check and return of the
fingerprint cards to the York County Sheriff by the Virginia State Police,
the York County Sheriff shall promptly notify the applicant that he has 21
days from the date of the notice to request return of the fingerprint
cards. All fingerprint cards not claimed by the applicant within 21 days of
notification by the York County Sheriff shall be destroyed. Any optically
scanned fingerprints shall be destroyed upon completion of the criminal
history records check without requiring the applicant to be notified.
Fingerprints taken for the purposes described in this section shall not be
copied, held, or used for any other purposes.
(Ord. No. O97-2, 2/19/97;
Ord. No. 03-16, 6/3/03)) |