
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, October 14, 1995                   TAG: 9510160026
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A1   EDITION: METRO 
SOURCE: ASSOCIATED PRESS
DATELINE: TAZEWELL                                 LENGTH: Medium

JUDGE'S HANDGUN RULE OFF BASE, STATE SAYS

A Southwest Virginia judge is making people undergo a psychosocial evaluation before they can get a concealed handgun permit. The state's attorney general calls the requirement improper.

Tazewell County Circuit Judge Donald Mullins Jr. is exceeding his authority and meddling with the rights of people to carry concealed weapons when they qualify under a new law, Attorney General James Gilmore said.

``The circuit court is prohibited from prescribing a rule that is inconsistent with any statutory provision, or which has the effect of abridging the substantive right of persons before such court,'' Gilmore's opinion said.

The four-page opinion was released by Del. Barnes Kidd, R-Tazewell. Kidd had asked Gilmore whether a judge is authorized to consider a psychological report as part of the permit application. Mullins' secretary said the judge was presiding over a jury trial Friday and would not be available for comment.

The General Assembly and Gov. George Allen decided this year to make it easier for people to obtain concealed-weapon permits. According to state police records, 9,995 permits were issued from July 1, the day the law went into effect, through Wednesday. The agency does not keep track of the number of permits denied.

The law disqualifies applicants who have been convicted of a felony or acquitted of a crime by reason of insanity, judged legally incompetent or mentally incapacitated, or involuntarily committed. Certain people who have received mental health or substance abuse treatment also can be disqualified.

The law allows a sheriff, police chief or commonwealth's attorney to veto an application if they have reason to believe the person is likely to use a weapon unlawfully or negligently to endanger others.

In Tazewell County, three permit applications have been approved, one has been denied and 19 are pending, according to court records.

Mullins is issuing instructions to prospective applicants informing them they will have to be tested for psychosocial problems before the permit is issued. The judge said the report on the tests should be mailed directly to him and will not be public information.

by CNB