Denied CCW in Virginia

[Thrashen4life]

Old post

Post deleted by original poster

 

[Hoganbeg]

You need legal advice, which is not something to get from strangers on the internet. I would check with the NRA for an attorney in your area who specializes in firearms law. I would also start reading the actual laws pertaining to legal carry in your state. The appeal process seems like it would be a good place to start but you would still need to have a legal argument (reason) as to why the decision should be reversed. That's where your own research and an attorney comes in. It may be possible to have the record expunged.

 

[FifteenCents]

Hoganbeg has sage advise,

also if you have been denied a resident CCP from your home state then a non-resident CCP from another state would not be valid.

I have live in Washington and have a Washington and Utah CCP. The Utah non-resident is not valid in my home state because i live here even though they have reciprocity.

 

[fauver8282]

I also am from virginia i live in pulaski county your best bet is to contact the VCDL they are the ones whom fight for our rights here in va the vcdl can point you in the right direction and if you were wrongly denied they will raise all kinds of hell

 

[DefensiveImpact]

There will be a waiting period with all the licenses a class A misdemeanor is a 7 year wait in Texas and 5 year in Utah

Good luck

 

[paramedic70002]

Hoganbeg has sage advise,

also if you have been denied a resident CCP from your home state then a non-resident CCP from another state would not be valid.

Law cite for that?

Florida issues a permit that is valid in VA, not sure if the brandishing charge from last year will be held against you though.

 

[paramedic70002]

OP start by reading the Code in question.

You'll see in the last section in bold that you are prohibited in VA from obtaining a CHP for three years from your conviction date. Do not anticipate the Judge to disregard state Code, or the Governor granting you a pardon within that time frame unless you save him from a burning car wreck. Your best bet is to research other states' non resident permits and their disqualifiers.

§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry; penalty.
E. The following persons shall be deemed disqualified from obtaining a permit:

14. An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of § 18.2-282 within the three-year period immediately preceding the application.

 

[dbryner61]

Good advice all

 

[NavyLCDR]

Law cite for that?

Florida issues a permit that is valid in VA, not sure if the brandishing charge from last year will be held against you though.

Well, here is the citation in Virginia law for you. You even posted part of the applicable statute, just didn't read far enough down:

18.2-308:
P. A valid concealed handgun or concealed weapon permit or license issued by another state shall authorize the holder of such permit or license who is at least 21 years of age to carry a concealed handgun in the Commonwealth, provided (i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day, and (ii) except for the age of the permit or license holder and the type of weapon authorized to be carried, the requirements and qualifications of that state's law are adequate to prevent possession of a permit or license by persons who would be denied a permit in the Commonwealth under this section. The Superintendent of State Police shall (a) in consultation with the Office of the Attorney General determine whether states meet the requirements and qualifications of this section, (b) maintain a registry of such states on the Virginia Criminal Information Network (VCIN), and (c) make the registry available to law-enforcement officers for investigative purposes. The Superintendent of the State Police, in consultation with the Attorney General, may also enter into agreements for reciprocal recognition with any state qualifying for recognition under this subsection.

 

[paramedic70002]

Well, here is the citation in Virginia law for you. You even posted part of the applicable statute, just didn't read far enough down:

18.2-308:
P. A valid concealed handgun or concealed weapon permit or license issued by another state shall authorize the holder of such permit or license who is at least 21 years of age to carry a concealed handgun in the Commonwealth, provided (i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day, and (ii) except for the age of the permit or license holder and the type of weapon authorized to be carried, the requirements and qualifications of that state's law are adequate to prevent possession of a permit or license by persons who would be denied a permit in the Commonwealth under this section. The Superintendent of State Police shall (a) in consultation with the Office of the Attorney General determine whether states meet the requirements and qualifications of this section, (b) maintain a registry of such states on the Virginia Criminal Information Network (VCIN), and (c) make the registry available to law-enforcement officers for investigative purposes. The Superintendent of the State Police, in consultation with the Attorney General, may also enter into agreements for reciprocal recognition with any state qualifying for recognition under this subsection.

IANAL but I think that says the issuing state should not be issuing a non resident permit to someone who has been denied a permit in VA, which goes to why VA refuses to enter into reciprocity agreements with other states that do not have such restrictions. Nowhere in that Code section does it say that a valid issued permit is not valid IF the permittee has been denied a CHP in VA.

 

[NavyLCDR]

IANAL but I think that says the issuing state should not be issuing a non resident permit to someone who has been denied a permit in VA, which goes to why VA refuses to enter into reciprocity agreements with other states that do not have such restrictions. Nowhere in that Code section does it say that a valid issued permit is not valid IF the permittee has been denied a CHP in VA.

My post was in response to the discussion about a non-resident permit being valid in a state for a person who would be denied for their resident permit. In states that recognize all CCW permits for anyone, resident or not, there certainly will be cases where a person that would be denied a permit in their home state might be able to legally carry using a non-resident permit from another state. I think Missouri used to have a 23 year old age requirement for their permit, and Missouri residents <23 years old would have to carry on a non-resident permit from another state.

However, the way the Virginia law is written, it is at least the legislative intent that a Virginia resident not qualified for the Virginia permit would not be able to lawfully carry concealed in Virginia on a non-resident permit from another state. Of course, unlicensed open carry in Virginia is still an option for such a person.

 

[ProShooter]

OP start by reading the Code in question.

You'll see in the last section in bold that you are prohibited in VA from obtaining a CHP for three years from your conviction date. Do not anticipate the Judge to disregard state Code, or the Governor granting you a pardon within that time frame unless you save him from a burning car wreck. Your best bet is to research other states' non resident permits and their disqualifiers.

+1 You won't get an Ore Tenus hearing because the Code is clear here.

 

[caburian]

you ever get this taken care of?

if you really want my opinion, since i dont have 100% of the details of your case.. brandishing a weapon is a very serious crime, my only advise for next time dont be involved in ANY altercation if you have a weapon with you.

 

[JimTh]

Law cite for that?

Florida issues a permit that is valid in VA, not sure if the brandishing charge from last year will be held against you though.

To put it another way...if your drivers license is suspended in Virginia an out of state license does not permit you to drive in Virginia. The "right" or the "permission" is suspended...not necessarily the paper it is written on.

 

[paramedic70002]

But Va participates in a multistate compact that sets up such limitations. There have been examples, such as in Pennsylvania, where people denied in their home state have carried with a Florida permit. Such that officials there have proposed dropping reciprocity with Florida to prevent such activity. Again, cite to a statute or case that upholds the assertation? A court in VA can deny you a VA permit but it is not a blaket prohibition.

 

[JimTh]

But Va participates in a multistate compact that sets up such limitations. There have been examples, such as in Pennsylvania, where people denied in their home state have carried with a Florida permit. Such that officials there have proposed dropping reciprocity with Florida to prevent such activity. Again, cite to a statute or case that upholds the assertation? A court in VA can deny you a VA permit but it is not a blaket prohibition.

The reason Virginia and other states call it a permit is so that the permission can be revoked for cause. Florida does not have authority to allow someone to carry a concealed weapon in Virginia if Virginia has revoked that persons permission to carry a concealed weapon within Virginia. Florida cannot force Virginia to abide by Florida regulations. The out of state carry permit may be good in the state that issues the permit but not in the state where the permit was revoked. Why not get all 50 states drivers licenses and when Virginia suspends or revokes your Virginia license just drive around Virginia on your Maryland license and then jut go through all of the othe 49.

 

[paramedic70002]

The reason Virginia and other states call it a permit is so that the permission can be revoked for cause. Florida does not have authority to allow someone to carry a concealed weapon in Virginia if Virginia has revoked that persons permission to carry a concealed weapon within Virginia. Florida cannot force Virginia to abide by Florida regulations. The out of state carry permit may be good in the state that issues the permit but not in the state where the permit was revoked. Why not get all 50 states drivers licenses and when Virginia suspends or revokes your Virginia license just drive around Virginia on your Maryland license and then jut go through all of the othe 49.

There were a fair number of drivers who used to do that before the laws were amended to prohibit multiple permits. In fact it wasn't unusual for a Judge to order an out of state driver to get an in state permit in order to drive in the state. I have seen NC Judges do this for VA drivers in days gone by.

 

[Gunner4640]

You can forget Texas!