The Gloucester County Board of Supervisors held a public hearing on December 3, 2013 to consider revising a local ordinance regarding the purchase of county-issued handguns by law enforcement officers and animal control officers. The current ordinance only allows retired officers with 25 years of service to purchase their weapon for $1. The Board considered expanding the ordinance to be consistent with a Virginia state code provision, which permits purchases in additional circumstances like an officer retiring with 10 years of service. The Board reviewed three different versions of the revised ordinance with varying levels of detail incorporated from the state code.

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)
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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.
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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. 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. 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. 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. 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. 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. 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. 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. 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.
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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