Va chp denied please help me out

[n.goddard1212]

Ok guys first off I'm new to the forum please let me know if I'm breaking and forum rules... I know everyone likes an introduction so here it goes I'm 21 live in Virginia have a passion for firearms and the 2nd amendment. Guns are sorta my life I'm not racist when it comes to brands and I'm not the kind of guy to say mines better than yours sorry it's not the longest but hope it works so onto my questions. Ok I applied for my chp a couple months ago and was denied under 18.2-308(13) (this code talks about penalty) but any way the commonwealth attorney believes I will use my firearm dangerously and neglectfuly and endanger the public he found this by accusation by my record witch has a tresspassing (plead from misdemeanor larceny) driving on suspended license and 2 speeding tickets and I was charged (not convicted of) with obstruction of justice and the fact that I'm 21 All my convictions where between the ages of 16 and 18. So I do the ore tenus hearing (no lawyer) Monday and what do you denied again so here's where my questions come in if I don't go to the court of appeals am I just screwed or can I reapply in the near future when I have the funds to hire a lawyer? If I can reapply what is the time frame? Can I still open carry? Does anyone know a lawyer that would take a payment plan? According to the law if my case is won in the court of appeals all cost are paid back to me... I guess I just need some guidance on this matter

 

[TrapperBob]

I can't help you on the appeal for concealed carry, but assuming you can legally own a handgun, you can open carry in VA. From the VA State Police website (Virginia State Police - Firearms/Concealed Weapons)

"A firearm may be carried openly in Virginia except where prohibited by statute. Please refer to Sections 18.2-279 to 18.2-311.2. The Code of Virginia may be searched at http://leg1.state.va.us/000/src.htm."

VA does revoke the permit of anyone charged with a felony from carrying concealed, even before they are convicted (18.2-308.013 -B); you didn't say if you have been found not guilty or if the charge of obstruction of justice is still pending. Obstruction of justice can be either a misdemeanor or felony, depending on the actual offence, which you didn't state (https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-460)

Also, the statutes do say that you may be denied a permit if you have 2 class 1 misdemeanors in a 5 year period, "18.2-308.09. Disqualifications for a concealed handgun permit....7. An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. " (LIS > Code of Virginia > 18.2-308.09)

In my non-lawyer opinion you need a lawyer to sort this out.

A side note, from my experience you should never go to court without a lawyer.

 

[NavyLCDR]

Virginia is a shall issue state. That means they must issue the CHP to you if you qualify. It would appear it is the 2 misdemeanor in the 5 year period prior to the application that is disqualifying you so you will have to wait 5 years from the last misdemeanor conviction to reapply. An appeal won't do you any good if you don't qualify for the permit.

 

[Black Dragon]

One or both of these may to apply to you.
In the mean time keep your nose clean. As you can see your actions have consequences and this is your reward for those actions.

§ 18.2-308.09. Disqualifications for a concealed handgun permit.

7. An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. Traffic infractions and misdemeanors set forth in Title 46.2 shall not be considered for purposes of this disqualification.

13. An individual who the court finds, by a preponderance of the evidence, based on specific acts by the applicant, is likely to use a weapon unlawfully or negligently to endanger others. The sheriff, chief of police, or attorney for the Commonwealth may submit to the court a sworn, written statement indicating that, in the opinion of such sheriff, chief of police, or attorney for the Commonwealth, based upon a disqualifying conviction or upon the specific acts set forth in the statement, the applicant is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police, or the attorney for the Commonwealth shall be based upon personal knowledge of such individual or of a deputy sheriff, police officer, or assistant attorney for the Commonwealth of the specific acts, or upon a written statement made under oath before a notary public of a competent person having personal knowledge of the specific acts.

 

[JCliff]

^^^^^^^^^^^^^^^^^^
.
What they said, with the same stipulations as to the nature of your previous offenses. Accept responsibility for your actions. Keep out of trouble. Make something of yourself. Be an asset to your community, not a liability. Reapply in a few years with the help of an attorney.

 

[n.goddard1212]

I have accepted responsibility for my actions paid my debt to the public I just don't understand how I and statutory eligibil according to the sheriff's department but the can still deny me under 13 when they have no personal knowledge of me my convictions where in another state a few years ago haven't been in trouble since I was convicted haven't even been pulled over since I was 18

 

[Black Dragon]

When you applied for your chp you probably gave them your SS# or something similar to identify yourself, right?
They looked you up in a data base and found your convictions, YES even from another state, you are being judged by those actions and have been denied.

So lesson #1
Your actions have consequences and this is your reward for those actions.

Lesson #2
Your actions have consequences and this is your reward for those actions, even if it happened in another state.

 

[NavyLCDR]

OP can open carry without a permit. And is an out of state permit valid in VA for VA residents? Might be able to get a non resident permit from another state.

 

[JimTh]

I have accepted responsibility for my actions paid my debt to the public I just don't understand how I and statutory eligibil according to the sheriff's department but the can still deny me under 13 when they have no personal knowledge of me my convictions where in another state a few years ago haven't been in trouble since I was convicted haven't even been pulled over since I was 18

In you original post you stated "all your convictions were between 16 and 18", correct? They do have personal knowledge of your convictions. It is called a rap sheet. 5 years in Virginia means 5 years. It does not sound like you are ready to accept personal responsibility for your past so I hope you stay away from firearms until you can accept responsibility. Accepting responsibility is not coming on a forum like this and whining about how the courts are mistreating you. You did whatever you did...live with it...learn from it...and move on.

 

[Courtney.cj.chen]

Ok guys first off I'm new to the forum please let me know if I'm breaking and forum rules... I know everyone likes an introduction so here it goes I'm 21 live in Virginia have a passion for firearms and the 2nd amendment. Guns are sorta my life I'm not racist when it comes to brands and I'm not the kind of guy to say mines better than yours sorry it's not the longest but hope it works so onto my questions. Ok I applied for my chp a couple months ago and was denied under 18.2-308(13) (this code talks about penalty) but any way the commonwealth attorney believes I will use my firearm dangerously and neglectfuly and endanger the public he found this by accusation by my record witch has a tresspassing (plead from misdemeanor larceny) driving on suspended license and 2 speeding tickets and I was charged (not convicted of) with obstruction of justice and the fact that I'm 21 All my convictions where between the ages of 16 and 18. So I do the ore tenus hearing (no lawyer) Monday and what do you denied again so here's where my questions come in if I don't go to the court of appeals am I just screwed or can I reapply in the near future when I have the funds to hire a lawyer? If I can reapply what is the time frame? Can I still open carry? Does anyone know a lawyer that would take a payment plan? According to the law if my case is won in the court of appeals all cost are paid back to me... I guess I just need some guidance on this matter

p.s. Racist/racism applies to race, not brands.

 

[NavyLCDR]

Lots of people so willing to judge others they have never met. Maybe it's those too quick to judge that should put down their guns for a while.

 

[TrapperBob]

I think your best bet, if you want a permit now, is to contact an attorney and have him/her look at the law and your specific situation. Maybe its possible, maybe it isn't, but the situation is too complex to trust any answers you get from people you don't know and who don't know the exact details of your situation and the intricacies of law in VA.

Good luck!

 

[n.goddard1212]

Well I was using the term racist because I figured people would understand what I ment by it but I guess not

 

[n.goddard1212]

@ trapperbob thank you for the information and your input it is greatly appreciated and the obstruction of justice was dropped before it even went to court

@ navy I agree with your previous statement about judging people

 

[FireRunner]

@ trapperbob thank you for the information and your input it is greatly appreciated and the obstruction of justice was dropped before it even went to court

@ navy I agree with your previous statement about judging people

If I may ask, what the strong urge to have a CCP right now? You're very young. What's the rush and need? You've seen how strict this country has become over weapons. There is a reason for it. However, in Virginia it's fairly easy to purchase a gun and get a CCP. But, if you have a record then it's an issue. If you think it's unfair hire an attorney. However, this brings us back to my original question...why do you want one so badly?

 

[n.goddard1212]

Have you seen the news lately everything that's going on in this country it's a scary place and I'd rather not be a victim of someone that's mad and wants to hurt people for no reason at all and plus I work in alota sketchy places that I have no knowledge of the area or the people in that area and I'm alone most of the time with a service truck so that in its self makes me a prime target for someone to seriously hurt or kill me just for the truck people have been killed for a lot less than that and we all know it and I can own a gun and I'm statutorly eligible to have a permit is another reason the way I see it is the courts don't want me to have a permit and there going off a code that states personal knowledge and as far as I know looking at a rap sheet does not mean you personally know someone

 

[NavyLCDR]

If I may ask, what the strong urge to have a CCP right now? You're very young. What's the rush and need? You've seen how strict this country has become over weapons. There is a reason for it. However, in Virginia it's fairly easy to purchase a gun and get a CCP. But, if you have a record then it's an issue. If you think it's unfair hire an attorney. However, this brings us back to my original question...why do you want one so badly?

How much time have you spent reading the Mom's Demand Action and Brady Campaign websites? If you haven't, you really should and take your posts to them where you will fit right in.

If I may ask, what the strong urge to have a CCP right now?

What if he wanted to register to vote on his 18th birthday? Would you ask "why the strong urge is to vote?" If he wants to go to church on his 18th birthday would you ask, "why the strong urge to exercise your right to freedom of religion?" He's posting on the internet, why don't you ask, "why the strong urge to exercise your right to free speech?" For one thing he should NOT be even required to obtain the government's permission to exercise his Second Amendment rights any more than to exercise his right to freedom of religion, his right to freedom of speech (such as posting on the internet), or his right to vote. But he does. And he wants to. He doesn't have to justify that desire to people like you.

What's the rush and need?

Do you carry a gun? Most of us here do. What is our need? Why would his need be any less than your need? Why is his need to be able to protect himself from criminals any less than yours or mine?

You've seen how strict this country has become over weapons. There is a reason for it.

Would you care to enlighten us as to what reason you think there is for this country becoming strict over weapons? Oh...is it to keep guns out of the hands of criminals and those that would commit violent crimes with them? How's the strict gun control working out? About the same as Obama's hope and change is. The real reason the government is being strict on weapons is to prevent the citizen's from exercising their 2nd Amendment Rights which is what is necessary for them to exercise their duty under the Declaration of Independence, but I doubt you have any idea what that duty is, do you?

 

[RJT CCW]

Have you seen the news lately everything that's going on in this country it's a scary place and I'd rather not be a victim of someone that's mad and wants to hurt people for no reason at all and plus I work in alota sketchy places that I have no knowledge of the area or the people in that area and I'm alone most of the time with a service truck so that in its self makes me a prime target for someone to seriously hurt or kill me just for the truck people have been killed for a lot less than that and we all know it and I can own a gun and I'm statutorly eligible to have a permit is another reason the way I see it is the courts don't want me to have a permit and there going off a code that states personal knowledge and as far as I know looking at a rap sheet does not mean you personally know someone

You state above that you work out of a service truck. My question is, have you cleared with your employer your carrying a gun while on the clock? If so, great and carry on. If not, please keep in mind that if you carry without your employers permission you may be fired. I know, I know, concealed is concealed but if you have to use your gun you will be fired. Please keep this in mind when making your decisions.

Best of luck to you.