THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, July 4, 1995 TAG: 9507040387
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY MARA STANLEY, STAFF WRITER
LENGTH: Long : 102 lines
A new law allowing concealed-weapon permits to be issued to virtually any law-abiding Virginia resident went into effect Saturday, and area circuit courts are expecting a significant increase in applications.
``More people will be requesting a concealed weapon,'' said Circuit Court Judge Thomas S. Shadrick of Virginia Beach.
Court employees in Virginia Beach are learning how to use a new computer program to enter information not previously requested, said J. Curtis Fruit, clerk of court.
``There is a huge change in the application form because now we ask: Have you been convicted of A, have you been convicted of B and have you been convicted of C?'' Fruit said.
He said the new permits are different, too. ``For instance, the old card . card has 13 or 14 seals (elements) of information on it - like a driver's license.''
Most area circuit courts were closed Monday and today for the Fourth of July holiday with the exception of Virginia Beach, which was open Monday.
There, applicants now request forms from the police, who conduct background checks, Fruit said. Those cleared by police then submit their forms to the Circuit Court.
Police spokesman Mike Carey said 65 people applied for background checks Monday. He said he thought that was close to a high for one day. ``I think that's a direct result of the new concealed-weapons law,'' he said. ``Sixty-five would be considered a lot.''
Applications may be available at Circuit Court in other jurisdictions. But the processes will be the same across the state, Shadrick said.
``There was a disparity on how the permits were being issued in different jurisdictions,'' Shadrick said. ``The legislature has made it easier for judges now. Every circuit court judge will be following the same exact guidelines.''
Changes to the code on concealed handguns include:
Applicants need to complete an extensive application and undergo a police background check. They can be turned down only if they have been convicted of two or more misdemeanors - excluding traffic violations - in the past three years, have abused drugs or alcohol, have been treated for mental disorders in the past five years, live in the country illegally, were discharged dishonorably from the military or have been placed under a restraining order.
Local sheriffs or prosecutors, however, can deny applicants who appear likely to use a gun illegally or endanger others. A judge may require an applicant to have firearms training.
Under the old law, applicants had to appear before a judge to receive a permit. Permits were denied if the judge did not see them displaying good character or if they did not demonstrate a need to carry a hidden gun.
Applicants still must be 21 or older to receive a concealed-handgun permit.
The General Assembly approved the bill by a wide margin April 6, and Gov. George Allen signed it into law in May.
The Virginia Supreme Court issued new, more extensive permit applications. Because applicants no longer have to appear for court hearings, court personnel may have to rely on the applicant's statements in some of the categories.
As a result, a training session was held for circuit court clerks June 13 to ease confusion that may be caused by the new procedures.
Some Circuit Court clerks in South Hampton Roads said they would post copies of the new law, reorganize and retrain staff and create new computer data bases. Although all the clerks said said they expect more applicants, none foresaw hiring more staff.
Walter Edmonds, clerk of the Portsmouth Circuit Court, said he plans to paste copies of the code on two counters in addition to handing out the application directions prepared by the Supreme Court.
Some of the clerks said the costs for the application and police background check will rise. The total fees for the application and police background check vary by city from $35 to $50. ILLUSTRATION: Graphics
GETTING A PERMIT
NEW LAW: Applicants can only be turned down if they have been
convicted of certain crimes, have abused drugs or alcohol or have
been treated for mental disorders in the past five years.
OLD LAW: Applicants had to appear before a judge to receive a
permit. Permits were denied if the judge did not see them displaying
good character or if they did not demonstrate a need to carry a
hidden gun.
GUN CHECKS
Information from Department of State Police Firearms Transaction
Center in Richmond. Data for 1995 is from Jan. 1 to May 31.
Virginia: State police ran 38,298 background checks through May
31 on those wanting to buy handguns. For 1994: 188,297.
Chesapeake: 92 checks through May 31. 1994: 216.
Norfolk: 475 checks through May 31. In 1994: 1,292.
Portsmouth: 203 checks as of May 31. In 1994: 384.
Suffolk: 295 checks through May 31. In 1994: 615.
Virginia Beach: 1,169 checks through May 31. There were 3,265 in
1994.
KEYWORDS: GUN CONTROL LAWS VIRGINIA by CNB