Denied concealed carry permit virginia

[2centzworth]

I was recently denied a conceal carry permit. I was told it was due to a misdemeanor conviction in another state. It specifically stated because the time of imprisonment was greater than one year, however, my court documents state 11 months. It also shows "no disposition recieved". Also, my records were expunged, and I passed the NCIS check with the eh state police and now own a firearm. The question is, if I ask for a hearing, will showing my court paperwork suffice, or do I need to get a lawyer first. Any input would help

 

[DGeorge]

I think asking for advice on legal matters on the internet is almost always a bad choice. I'll correct that, it is ALWAYS a bad idea.

 

[gunholsterdepot]

I was recently denied a conceal carry permit. I was told it was due to a misdemeanor conviction in another state. It specifically stated because the time of imprisonment was greater than one year, however, my court documents state 11 months. It also shows "no disposition recieved". Also, my records were expunged, and I passed the NCIS check with the eh state police and now own a firearm. The question is, if I ask for a hearing, will showing my court paperwork suffice, or do I need to get a lawyer first. Any input would help

Same thing happened to a guy I work with. He had gotten his expunged and had to jump thru tons of hoops to get his permit. I'd get a lawyer on this one. It's pretty complicated.

 

[osbornk]

The Law:


 Section 

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§ 18.2-308.08. Denial of a concealed handgun permit; appeal.


A. Only a circuit court judge may deny issuance of a concealed handgun permit to a Virginia resident or domiciliary who has applied for a permit pursuant to § 18.2-308.04. Any order denying issuance of a concealed handgun permit shall state the basis for the denial of the permit, including, if applicable, any reason under § 18.2-308.09 that is the basis of the denial, and the clerk shall provide notice, in writing, upon denial of the application, of the applicant's right to an ore tenus hearing and the requirements for perfecting an appeal of such order.

B. Upon request of the applicant made within 21 days, the court shall place the matter on the docket for an ore tenus hearing. The applicant may be represented by counsel, but counsel shall not be appointed, and the rules of evidence shall apply. The final order of the court shall include the court's findings of fact and conclusions of law.

C. Any person denied a permit to carry a concealed handgun by the circuit court may present a petition for review to the Court of Appeals. The petition for review shall be filed within 60 days of the expiration of the time for requesting an ore tenus hearing, or if an ore tenus hearing is requested, within 60 days of the entry of the final order of the circuit court following the hearing. The petition shall be accompanied by a copy of the original papers filed in the circuit court, including a copy of the order of the circuit court denying the permit. Subject to the provisions of subsection B of § 17.1-410, the decision of the Court of Appeals or judge shall be final. Notwithstanding any other provision of law, if the decision to deny the permit is reversed upon appeal, taxable costs incurred by the person shall be paid by the Commonwealth.

 

[flyingron]

How long you were imprisoned doesn't enter in to it. If the charge was a felony, or it was a crime in places where they don't classify things as felonies that has a POTENTIAL imprisonment in excess of twelve months, then not only aren't you getting a CHP, you're not even supposed to be in possession of a firearm.

If it was indeed a misdemeanor, a single one shouldn't bar you from getting permitted. Two, it starts to become discretionary.

As pointed out, you can appeal, but you'd be well advised to have a lawyer look at things and make the right argument.

 

[snatale42]

I was recently denied a conceal carry permit. I was told it was due to a misdemeanor conviction in another state. It specifically stated because the time of imprisonment was greater than one year, however, my court documents state 11 months. It also shows "no disposition recieved". Also, my records were expunged, and I passed the NCIS check with the eh state police and now own a firearm. The question is, if I ask for a hearing, will showing my court paperwork suffice, or do I need to get a lawyer first. Any input would help

It's the no disposition that's getting you. You sure your record was expunged? That's not normal in the case of you doing time for something. In either case you need to get a copy of your criminal history as of right now (not existing stuff you already have) and see what it actually says. When I moved from MA to VA and applied for my permit the Police couldn’t verify the dispositions of any of my old changes which were "Not Responsible" but VA doesn't have that as a disposition here, so the xfer from MA didn't complete correctly. I got the paperwork from MA showing that and that it was all dismissed and they pushed my permit through. It happens. If you passed NICS you shouldn't have a problem.

 

[flyingron]

Which other state?

 

[Wild Dog]

If carrying a gun is no longer a legal option, have you thought about walking around with a bow and quiver. The muggers will think twice of screwing with you if they know you can turn them into a pin cushion.

 

[captrickmoisa]

Please hold my coffee whilst I knock an arrow.


Sent from my iPad using Tapatalk

 

[flyingron]

If carrying a gun is no longer a legal option, have you thought about walking around with a bow and quiver. The muggers will think twice of screwing with you if they know you can turn them into a pin cushion.

Unless he's otherwise barred from possessing a gun, open carry is always an option. Less restriction on that in the Commonwealth. Hell, you can go drink in a bar while open carrying.

 

[2centzworth]

Update: went to court today and showed them my expungement paperwork. Judge pushed my permit through. I still seem to come up in the VCIN system as having a charge, but everything else is clear. I guess I need to contact them and get it straight now

 

[flyingron]

Congrats on getting it worked out. You're still likely to have a problem trying a purchase a gun in the commonwealth if VCIN is screwed up. Unlike some other states, your CHP means NOTHING to a Virginia FFL during transfers.

 

[PhillySoldier]

I was initially denied my permit and it took 3 appeals before it got straightened out. Now I have a paper with a number on it that says "Denial Reversal" which Ive had to present twice now each time Ive tried to make a purchase. Not sure if at this point I will have to do this forever of if its just the first year etc...