23102723D
Be it enacted by the General Assembly of Virginia:
1. That §59.1-148.3 of the Code of Virginia is amended and reenacted as follows:
§59.1-148.3. Purchase of handguns or other weapons of certain officers.
A. The Department of State Police, the Department of Wildlife
Resources, the Virginia Alcoholic Beverage Control Authority, the Virginia
Lottery, the Marine Resources Commission, the Capitol Police, the Department of
Conservation and Recreation, the Department of Forestry, any sheriff, any
regional jail board or authority, and any local police department may allow any
sworn law-enforcement officer, deputy, or regional jail officer, a local fire
department may allow any full-time sworn fire marshal, the Department of Motor
Vehicles may allow any law-enforcement officer, any institution of higher
education named in §23.1-1100 may allow any campus police officer appointed
pursuant to Article 3 (§23.1-809 et seq.) of Chapter 8 of Title 23.1, retiring
on or after July 1, 1991, and the Department of Corrections may allow any
employee with internal investigations authority designated by the Department of
Corrections pursuant to subdivision 11 of §53.1-10 who retires (i) after at
least 10 years of service, (ii) at 70 years of age or older, or (iii) as a
result of a service-incurred disability or who is receiving long-term
disability payments for a service-incurred disability with no expectation of
returning to the employment where he incurred the disability to purchase the
service handgun issued or previously issued to him by the agency or institution
at a price of $1. If the previously issued weapon is no longer available, a
weapon of like kind may be substituted for that weapon. This privilege shall
also extend to any former Superintendent of the Department of State
Police who leaves service after a minimum of five years. This privilege shall
also extend to any person listed in this subsection who is eligible for retirement
with at least 10 years of service who resigns on or after July 1, 1991, in good
standing from one of the agencies listed in this section to accept a position
covered by the Virginia Retirement System. Other weapons issued by the agencies
listed in this subsection for personal duty use of an officer may, with
approval of the agency head, be sold to the officer subject to the
qualifications of this section at a fair market price determined as in
subsection B, so long as the weapon is a type and configuration that can be
purchased at a regular hardware or sporting goods store by a private citizen
without restrictions other than the instant background check.
B. The agencies listed in subsection A may allow any sworn law-enforcement officer who retires with five or more years of service, but less than 10, to purchase the service handgun issued to him by the agency at a price equivalent to the weapon's fair market value on the date of the officer's retirement. Any sworn law-enforcement officer employed by any of the agencies listed in subsection A who is retired for disability as a result of a nonservice-incurred disability may purchase the service handgun issued to him by the agency at a price equivalent to the weapon's fair market value on the date of the officer's retirement. Determinations of fair market value may be made by reference to a recognized pricing guide.
C. The agencies listed in subsection A may allow the immediate survivor of any sworn law-enforcement officer (i) who is killed in the line of duty or (ii) who dies in service and has at least 10 years of service to purchase the service handgun issued to the officer by the agency at a price of $1.
D. The governing board of any institution of higher learning named in §23.1-1100 may allow any campus police officer appointed pursuant to Article 3 (§23.1-809 et seq.) of Chapter 8 of Title 23.1 who retires on or after July 1, 1991, to purchase the service handgun issued to him at a price equivalent to the weapon's fair market value on the date of the officer's retirement. Determinations of fair market value may be made by reference to a recognized pricing guide.
E. Any officer who at the time of his retirement is a sworn law-enforcement officer with a state agency listed in subsection A, when the agency allows purchases of service handguns, and who retires after 10 years of state service, even if a portion of his service was with another state agency, may purchase the service handgun issued to him by the agency from which he retires at a price of $1.
F. The sheriff of Hanover County may allow any auxiliary or volunteer deputy sheriff with a minimum of 10 years of service, upon leaving office, to purchase for $1 the service handgun issued to him.
G. Any sheriff or local police department may allow any auxiliary law-enforcement officer with more than 10 years of service to purchase the service handgun issued to him by the agency at a price that is equivalent to or less than the weapon's fair market value on the date of purchase by the officer.
H. The agencies listed in subsection A may allow any full-time sworn law-enforcement officer currently employed by the agency to purchase his service handgun, with the approval of the chief law-enforcement officer of the agency, at a fair market price. This subsection shall only apply when the agency has purchased new service handguns for its officers, and the handgun subject to the sale is no longer used by the agency or officer in the course of duty.
I. The Department of State Police may allow any law-enforcement officer formerly employed by the Department who [ had at least 10 years of service with the Department and ] has been elected to a constitutional office to purchase his service handgun, with the approval of the Superintendent of State Police, at a fair market price.