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Accomplished Advocate
I was in Farmville, yesterday. Had a hearing in the Circuit Court, there, doing a restoration of rights & appeal from CHP denial mission. My client had been convicted of serious felonies in S.C. lo, these many years ago, had been incarcerated, learned his lesson, got out, and has been a model citizen for thirty years or so. He is a singer and informal minister of The Gospel. Has his own prison ministry program.
Anyway, he got a full pardon from S.C., but little known to him, the statute in Virginia that forbids possession of firearms by convicted felons includes a clause that equates acts committed in other places which would have been felonious in Virginia had they occurred in Virginia in that same category. So the guy applies for his CHP, and it gets denied on the ground that he's a convicted felon. He's astonished, because as far as he knows, he's been fully pardoned. Oops. Now in some parts of Virginia, that alone would have gotten him (falsely) arrested on a perjury charge (making a material false statement on an official form under oath). Good thing he wasn't actually in possession of any firearms, because unlike perjury (which requires a knowingly false statement), possession of a firearm after having been convicted requires no "mens rea", no "evil mind" - it doesn't matter whether you knew you were a felon or whether you'd been convicted; if you're carrying, you're guilty. You'd be surprised how many people don't realize they've been convicted of felonies, because they didn't go to jail, or because the matter was disposed of on a deal in the preliminary hearing in the General District Court.
I actually had to go down there several times, but the result was, his petition was granted and once that order was signed, the Commonwealth agreed that "shall issue" kicked in, so his CHP was approved without having to re-apply. The Commonwealth's Attorney, Mr. Innes, and his assistant, Mr. Butler, were very decent and co-operative. And the judge chatted a bit with us after the formal part of the hearing about the increase in CHP applications in Pr.Edward and Appomattox, and how many people were carrying these days. She seemed sympathetic to the issue of personal defense, and went out of her way to avoid causing us inconvenience or delay. All of the people who could have caused us unnecessary problems (and who in other cities and counties in Virginia, would have done so) were decent and downright helpful.
A breath of fresh air in Southern Virginia. I'm going to go down there more often. Perhaps I'll relocate.
Anyway, he got a full pardon from S.C., but little known to him, the statute in Virginia that forbids possession of firearms by convicted felons includes a clause that equates acts committed in other places which would have been felonious in Virginia had they occurred in Virginia in that same category. So the guy applies for his CHP, and it gets denied on the ground that he's a convicted felon. He's astonished, because as far as he knows, he's been fully pardoned. Oops. Now in some parts of Virginia, that alone would have gotten him (falsely) arrested on a perjury charge (making a material false statement on an official form under oath). Good thing he wasn't actually in possession of any firearms, because unlike perjury (which requires a knowingly false statement), possession of a firearm after having been convicted requires no "mens rea", no "evil mind" - it doesn't matter whether you knew you were a felon or whether you'd been convicted; if you're carrying, you're guilty. You'd be surprised how many people don't realize they've been convicted of felonies, because they didn't go to jail, or because the matter was disposed of on a deal in the preliminary hearing in the General District Court.
I actually had to go down there several times, but the result was, his petition was granted and once that order was signed, the Commonwealth agreed that "shall issue" kicked in, so his CHP was approved without having to re-apply. The Commonwealth's Attorney, Mr. Innes, and his assistant, Mr. Butler, were very decent and co-operative. And the judge chatted a bit with us after the formal part of the hearing about the increase in CHP applications in Pr.Edward and Appomattox, and how many people were carrying these days. She seemed sympathetic to the issue of personal defense, and went out of her way to avoid causing us inconvenience or delay. All of the people who could have caused us unnecessary problems (and who in other cities and counties in Virginia, would have done so) were decent and downright helpful.
A breath of fresh air in Southern Virginia. I'm going to go down there more often. Perhaps I'll relocate.
