In assisting one of my clients I have discovered several errors in the current version of the Application for a Concealed Handgun Permit (SP-248) that I believe need to be corrected.
The issues are on page 2 in the Form 2 section (see the embedded form below). That section deals with the various mental health dis-qualifiers for a Concealed Handgun Permit (CHP) under § 18.2-308.09 subsections 2, 3, and 4.
Applicants are directed to one of five sub-parts in that section based upon their answers to questions 8b, 8c, and 8d.
Each of those sub-parts appropriately asks if the applicant has had his or her rights restored pursuit to the applicable provisions of § 18.2-308.1:1, § 18.2-308.1:2, or § 18.2-308.1:3.
However, in each of the sub-parts, the SP-248 then goes on to ask if 5 years have elapsed “since the date of restoration.” This is an incorrect statement of the law in every case.
– In § 18.2-308.09(2), the General Assembly specifies that for those whose original prohibition was based upon § 18.2-308.1:1, the five-year period begins when they were “discharged from the custody of the Commissioner.”
– In § 18.2-308.09(3), the General Assembly specifies that for those whose original prohibition was based upon § 18.2-308.1:2, the five-year period begins when their “competency or capacity was restored pursuant to § 64.2-2012.”
– In § 18.2-308.09(4), the General Assembly specifies that for those whose original prohibition was based upon § 18.2-308.1:3, the five-year period begins when they were “released from commitment.”
The form, as currently printed, misstates the requirements for applying for a CHP and places the applicant in a position where answering the question truthfully will almost certainly result in their application being erroneously denied.
I have forwarded my concerns to the Virginia State Police for review and possible correction. I will keep my clients informed as I get updates.
