§ 42-179. 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; (ii) any dirk, Bowie knife, switchblade knife, ballistic knife, razor, slingshot, spring stick, metal knucks, or blackjack; (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; (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 state 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 Code of Virginia, § 18.2-310. 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 any person while in his own place of abode or the curtilage thereof. Except as provided in Code of Virginia, § 18.2-308(J1), this section shall not apply to the following:

(1)

Any person while in his own place of business;

(2)

Any police officers, including capitol police officers, sergeants, sheriffs, deputy sheriffs or regular game wardens appointed pursuant to Code of Virginia, § 29.1-200 et seq.;

(3)

Any regularly enrolled member of a target shooting organization who is at or going to or from an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;

(4)

Any regularly enrolled member of a weapons collecting organization who is at or going to or from a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;

(5)

Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;

(6)

Campus police officers appointed pursuant to Code of Virginia, § 23-232 et seq.;

(7)

Any person actually engaged in lawful hunting, as authorized by the state board of game and inland fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions; and

(8)

Any state police officer retired from the department of state police, any local law-enforcement officer retired from a police department or sheriff's office within the commonwealth and any special agent retired from the state alcoholic beverage control board (i) with a service-related disability or (ii) following at least 15 years of service with any such law-enforcement agency, board or any combination thereof, other than a person terminated for cause, provided such officer carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the last such agency from which the officer retired or, in the case of special agents, issued by the state alcoholic beverage control board. A copy of the proof of consultation and favorable review shall be forwarded by the chief or the board to the department of state police for entry into the state criminal information network. The chief law-enforcement officer shall not without cause withhold such written proof if the retired law-enforcement officer otherwise meets the requirements of this section. For purposes of applying the reciprocity provisions of Code of Virginia, § 18.2-308(P), any person granted the privilege to carry a concealed handgun pursuant to this subsection, while carrying the proof of consultation and favorable review required, shall be deemed to have been issued a concealed handgun permit.

(c)

This section shall also not apply to any of the following individuals while in the discharge of their official duties or while in transit to or from such duties:

(1)

Carriers of the United States mail;

(2)

Officers or guards of any state correctional institution;

(3)

Conservators of the peace, except that the following conservators of the peace shall not be permitted to carry a concealed handgun without obtaining a permit as provided in Code of Virginia, § 18.2-308(D):

a.

Notaries public;

b.

Registrars;

c.

Drivers, operators or other persons in charge of any motor vehicle carrier of passengers for hire; or

d.

Commissioners in chancery;

(4)

Noncustodial employees of the state department of corrections designated to carry weapons by the director of the department of corrections pursuant to Code of Virginia, § 53.1-29;

(5)

Law-enforcement agents of the armed forces of the United States and federal agents who are otherwise authorized to carry weapons by federal law while engaged in the performance of their duties; and

(6)

Law-enforcement agents of the United States Naval Criminal Investigative Service.

(Code 1992, § 15-238)

State Law reference— Similar provisions, Code of Virginia, § 18.2-308.

(Code 1992, § 15-238)

State law reference

Similar provisions, Code of Virginia, § 18.2-308.