Gloucester, VA Code 22-20 Purchase of Handguns

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Gloucester, VA Code 22-20 Purchase of Handguns

  1. 1. Sec. 22-20. Purchase of handguns by retired officers. The purchasing manager, with the consent of the sheriff, may allow any fulltime sworn law enforcement officer who retires after at least twenty-five (25) years of service and any auxiliary police officer who has served the county as an auxiliary police officer for at least twenty-five (25) years to purchase the service handgun issued by the county at a cost of one dollar ($1.00) for the weapon. (Ord. of 1-5-2010) Page 154
  2. 2. § 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 (§ 23232 et seq.) of Title 23, retiring on or after July 1, 1991, 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 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 5 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 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 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. Page 155
  3. 3. 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 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, in accordance with written authorization or approval from the local governing body, 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. Page 156
  4. 4. PUBLIC HEARING NOTICE Pursuant to the Code of Virginia, the Gloucester County Board of Supervisors will conduct a Public Hearing on December 3, 2013 beginning at 8:00 p.m. in the Colonial Courthouse, 6504 Main Street Gloucester, Virginia to consider the following: AN ORDINANCE AMENDING GLOUCESTER COUNTY CODE CHAPTER 22, SECTION 22-20 GOVERNING PURCHASE OF COUNTY ISSUED HANDGUNS BY LAW ENFORCEMENT OFFICERS AND ANIMAL CONTROL OFFICERS The Board of Supervisors will consider an ordinance amending Chapter 22 of the Gloucester County Code. Pursuant to Virginia Code Section 59.1-148.3, localities in the Commonwealth are authorized to permit the purchase of locality-issued service handguns by certain law enforcement officers in specific situations. The Board of Supervisors is desirous of revising Chapter 22, Section 22-20 of the Gloucester County Code to expand the circumstances in which the County may offer for sale to County law enforcement officers and animal control officers their County-issued handguns. The Board will consider 3 different versions of the Ordinance. The preceding is a summary, not the full text, of the Ordinance. It is not intended to be a comprehensive representation of all of the Ordinance provisions and does not substitute for the full text of the draft Ordinance, which is available for review at the Gloucester County Administrator’s office at 6467 Main Street, Gloucester, Virginia, on the web at www.gloucesterva.info and at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 2354 York Crossing Drive, Gloucester Point, Virginia. All interested parties are invited to attend the hearing to express their views. Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator’s office at (804) 693-4042. Brenda G. Garton, County Administrator Page 157
  5. 5. DRAFT – VERSION 1 AT A MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS HELD ON _____________________, 2013 IN THE COLONIAL COURTHOUSE, LOCATED AT 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY ____________________, AND SECONDED BY ________________, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE: Carter M. Borden, ___; Ashley C. Chriscoe, ___; Christopher A. Hutson, ___; Andrew James, Jr., ___; John H. Northstein, ___; Robert J. Orth, ___; Louise D. Theberge, ___; AN ORDINANCE MODIFYING AND EXPANDING THE SITUATIONS IN WHICH COUNTY LAW ENFORCEMENT OFFICERS AND ANIMAL CONTROL OFFICERS MAY PURCHASE THEIR COUNTY-ISSUED SERVICE HANDGUNS WHEREAS, pursuant to Virginia Code Section 59.1-148.3, localities in the Commonwealth are authorized to permit the purchase of locality-issued service handguns by certain law enforcement officers in specific situations; and WHEREAS, the aforesaid State code section authorizes the purchase of county-issued service handguns in situations beyond those authorized pursuant to current Gloucester County Code Section 22-20; and WHEREAS, a proposal has been forwarded to the Board of Supervisors to expand the circumstances in which the County may offer for sale to law enforcement officers and animal control officers their County-issued handguns to the extent authorized under Virginia Code Section 59.1-148.3; and WHEREAS, a public hearing was held on December 3, 2013 to consider this ordinance; and WHEREAS, the Board is desirous of revising Chapter 22, Section 22-20 of the Gloucester County Code to allow for the purchase of County-issued service handguns by County law enforcement officers and animal control officers in the circumstances set forth in Virginia Code Section 59.1-148.3. NOW THEREFORE BE IT ORDAINED AND ENACTED by the Gloucester County Board of Supervisors that Gloucester County Code Chapter 22, Section 22-20, is hereby repealed, and that the following provision is hereby ordained and enacted in its place: Page 158
  6. 6. DRAFT – VERSION 1 Sec. 22-20 Purchase of county-issued service enforcement officers and animal control officers. handguns by law A. The sheriff may allow any full-time sworn law enforcement officer who retires (i) after at least ten (10) years of service, (ii) at seventy (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 employment as a law enforcement officer with the county to purchase the service handgun issued, or previously issued, to him by the county at a cost of one dollar ($1.00). If the previously issued weapon is no longer available, a weapon of like kind may be substituted for that weapon. B. The sheriff may allow any full-time sworn law enforcement officer who retires with five (5) or more years of service, but less than ten (10) years of service, to purchase the service handgun issued to the officer by the county 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 who is retired for disability as a result of nonserviceincurred disability may purchase the service handgun issued to him or her by the county 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 sheriff 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 ten (10) years of service to purchase the service handgun issued to the officer at a price of one dollar ($1.00). D. The sheriff may allow any officer who at the time of retirement is a full-time sworn law enforcement officer, who retires after at least ten (10) years of service, even if a portion of his or her service was with another state law enforcement agency, to purchase the service handgun issued to him at a price of one dollar ($1.00). E. The sheriff may allow any auxiliary law enforcement officer with more than ten (10) years of service to purchase the service handgun issued to him by the county at a price that is Page 159
  7. 7. DRAFT – VERSION 1 equivalent to the weapon’s fair market value on the date of purchase by the officer. F. The sheriff may allow any sworn law enforcement officer currently employed to purchase his service handgun, at fair market price. This subsection shall only apply when new service handguns have been purchased for the officers, and the handgun subject to the sale is no longer used by the officer in the course of duty. G. The privileges granted pursuant to this section shall extend to full-time county animal control officers, subject to the approval of the county administrator, rather than the sheriff. This ordinance is effective retroactively to July 1, 2013. A copy teste: ________________________________________ Brenda G. Garton, County Administrator Page 160
  8. 8. DRAFT – VERSION 2 AT A MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS HELD ON _____________________, 2013 IN THE COLONIAL COURTHOUSE, LOCATED AT 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY ____________________, AND SECONDED BY ________________, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE: Carter M. Borden, ___; Ashley C. Chriscoe, ___; Christopher A. Hutson, ___; Andrew James, Jr., ___; John H. Northstein, ___; Robert J. Orth, ___; Louise D. Theberge, ___; AN ORDINANCE MODIFYING AND EXPANDING THE SITUATIONS IN WHICH COUNTY LAW ENFORCEMENT OFFICERS AND ANIMAL CONTROL OFFICERS MAY PURCHASE THEIR COUNTY-ISSUED SERVICE HANDGUNS WHEREAS, pursuant to Virginia Code Section 59.1-148.3, localities in the Commonwealth are authorized to permit the purchase of locality-issued service handguns by certain law enforcement officers in specific situations; and WHEREAS, the aforesaid State code section authorizes the purchase of county-issued service handguns in situations beyond those authorized pursuant to current Gloucester County Code Section 22-20; and WHEREAS, a proposal has been forwarded to the Board of Supervisors to expand the circumstances in which the County may offer for sale to law enforcement officers and animal control officers their County-issued handguns to the extent authorized under Virginia Code Section 59.1-148.3; and WHEREAS, a public hearing was held on December 3, 2013 to consider this ordinance; and WHEREAS, the Board is desirous of revising Chapter 22, Section 22-20 of the Gloucester County Code to allow for the purchase of County-issued service handguns by County law enforcement officers and animal control officers in the circumstances set forth in Virginia Code Section 59.1-148.3. NOW THEREFORE BE IT ORDAINED AND ENACTED by the Gloucester County Board of Supervisors that Gloucester County Code Chapter 22, Section 22-20, is hereby repealed, and that the following provision is hereby ordained and enacted in its place: Page 161
  9. 9. DRAFT – VERSION 2 Sec. 22-20 Purchase of county-issued service enforcement officers and animal control officers. handguns by law County law enforcement officers and auxiliary law enforcement officers may purchase their county-issued service handguns in the situations set forth in, and subject to the requirements of, Va. Code § 59.1-148.3, and all amendments thereto, with the approval of the sheriff. County animal control officers may purchase their county-issued service handguns in the situations set forth in, and subject to the requirements of, Va. Code § 59.1-148.3, and all amendments thereto, with the approval of the county administrator. This ordinance is effective retroactively to July 1, 2013. A copy teste: ________________________________________ Brenda G. Garton, County Administrator Page 162
  10. 10. DRAFT – VERSION 3 AT A MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS HELD ON _____________________, 2013 IN THE COLONIAL COURTHOUSE, LOCATED AT 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY ____________________, AND SECONDED BY ________________, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE: Carter M. Borden, ___; Ashley C. Chriscoe, ___; Christopher A. Hutson, ___; Andrew James, Jr., ___; John H. Northstein, ___; Robert J. Orth, ___; Louise D. Theberge, ___; AN ORDINANCE MODIFYING AND EXPANDING THE SITUATIONS IN WHICH COUNTY LAW ENFORCEMENT OFFICERS AND ANIMAL CONTROL OFFICERS MAY PURCHASE THEIR COUNTY-ISSUED SERVICE HANDGUNS WHEREAS, pursuant to Virginia Code Section 59.1-148.3, localities in the Commonwealth are authorized to permit the purchase of locality-issued service handguns by certain law enforcement officers in specific situations; and WHEREAS, the aforesaid State code section authorizes the purchase of county-issued service handguns in situations beyond those authorized pursuant to current Gloucester County Code Section 22-20; and WHEREAS, a proposal has been forwarded to the Board of Supervisors to expand the circumstances in which the County may offer for sale to law enforcement officers and animal control officers their County-issued handguns; and WHEREAS, a public hearing was held on December 3, 2013 to consider this ordinance; and WHEREAS, the Board is desirous of revising Chapter 22, Section 22-20 of the Gloucester County Code to expand the circumstances in which the County may offer for sale to County law enforcement officers and animal control officers their County-issued handguns. NOW THEREFORE BE IT ORDAINED AND ENACTED by the Gloucester County Board of Supervisors that Gloucester County Code Chapter 22, Section 22-20, is hereby repealed, and that the following provision is hereby ordained and enacted in its place: Sec. 22-20 Purchase of county-issued service enforcement officers and animal control officers. handguns by law Page 163
  11. 11. DRAFT – VERSION 3 A. Law enforcement officers: 1. The sheriff may allow any full-time sworn law enforcement officer who retires (i) after at least ten (10) years of service, (ii) at seventy (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 employment as a law enforcement officer with the county to purchase the service handgun issued, or previously issued, to him by the county at a cost of one dollar ($1.00). If the previously issued weapon is no longer available, a weapon of like kind may be substituted for that weapon. 2. The sheriff may allow any full-time sworn law enforcement officer who retires with five (5) or more years of service, but less than ten (10) years of service, to purchase the service handgun issued to the officer by the county 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 who is retired for disability as a result of nonservice-incurred disability may purchase the service handgun issued to him or her by the county 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. 3. The sheriff may allow the immediate survivor of any fulltime sworn law enforcement officer (i) who is killed in the line of duty or (ii) who dies in service and has at least ten (10) years of service to purchase the service handgun issued to the officer at a price of one dollar ($1.00). 4. The sheriff may allow any officer who at the time of retirement is a full-time sworn law enforcement officer, who retires after at least ten (10) years of service, even if a portion of his or her service was with another state law enforcement agency, to purchase the service handgun issued to him at a price of one dollar ($1.00). 5. The sheriff may allow any auxiliary law enforcement officer with more than ten (10) years of service to purchase the service handgun issued to him by the county at a price equivalent to the weapon’s fair market value on the date of purchase by the officer. Page 164
  12. 12. DRAFT – VERSION 3 6. The sheriff may allow any sworn law enforcement officer currently employed to purchase his service handgun, at fair market price. This subsection shall only apply when new service handguns have been purchased for the officers, and the handgun subject to the sale is no longer used by the officer in the course of duty. B. Animal control officers: 1. The county administrator may allow any full-time sworn animal control officer who retires after at least fifteen (15) years of service to purchase the service handgun issued to him by the county at a price equivalent of the weapon’s fair market value on the date of the officer’s retirement. Determination of fair market value may be made by reference to a recognized pricing guide. 2. The county administrator may allow any full-time sworn animal control officer who retires with twenty (20) years of service, even if a portion of his service was with another state law enforcement agency, to purchase the service handgun issued to him at a price of one dollar ($1.00). 3. The county administrator may allow any full-time sworn animal control officer, who retires as a result of a serviceincurred disability or who is receiving long-term disability payments for a service-incurred disability with no expectation of returning to employment with the county as an animal control officer, to purchase the service handgun issued, or previously issued, to him by the county at a cost of one dollar ($1.00). 4. The county administrator may allow the immediate survivor of a full-time sworn animal control officer (i) who is killed in the line of duty or (ii) who dies in service and has at least fifteen (15) years of service to purchase the service handgun issued to the officer at a price of one dollar ($1.00). This ordinance is effective retroactively to July 1, 2013. A copy teste: ________________________________________ Brenda G. Garton, County Administrator Page 165

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