CHAPTER 62
An Act to amend and reenact §59.1-148.3 of the Code of
Virginia, relating to purchase of service handguns by certain officers; minimum
years of service.
[H 1506]
Approved March 5, 2013
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 of certain officers.
A. The Department of State Police, the Department of Game and
Inland Fisheries, the Department of Alcoholic Beverage Control, the State
Lottery Department, 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 full-time 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, and any
institution of higher learning named in §23-14 may allow any campus police
officer appointed pursuant to Chapter 17 (§23-232 et seq.) of Title 23,
retiring on or after July 1, 1991, who retires (i) after at least 15 10
years of service, (ii) at 70 years of age or older after at least 10
years of service, 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 15 10 years of
service who resigns on or after July 1, 1991, in good standing from one of the
agencies listed above in this section to accept a position
covered by the Virginia Retirement System. Other weapons issued by the
Department of State Police for personal duty use of an officer, may, with
approval of the Superintendent, 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 full-time
sworn law-enforcement officer who retires with 10 5 or more years
of service, but less than 15 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 full-time 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 full-time sworn law-enforcement officer (i) who is killed in
the line of duty or (ii) who dies in service and has at least 15 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 §23-14 may allow any campus police officer appointed pursuant to
Chapter 17 (§23-232 et seq.) of Title 23 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
full-time sworn law-enforcement officer with a state agency listed in
subsection A, when the agency allows purchases of service handguns, and who
retires after 15 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 15 10 years of
service, upon leaving office, to purchase for $1 the service handgun issued to
him.
G. Any sheriff or local police department, in accordance with
written authorization or approval from the local governing body, may allow any
auxiliary law-enforcement officer with more than 15 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.
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