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Thread: Carry Permit in VA

  1. #1
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    A week before I got my carry permit, the clerk called to ask if I had more than one speeding ticket (I have one for 90/55 in Nov of 2003) and I said no, I didn't. She told me "that's a good thing because if you had two, I couldn't approve your permit".

    Two speeding tickets can kill my carry permit? WTH?

    I now have the permit but I was wondering what the criteria for approval/dissaproval of the carry permit is?

  2. #2
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    Section E of Virginia code 18.2-308 Spells out quite clearly who may and may not obtain a permit. Quoted from what I believe to relevent section about who may be denied permits.

    1. An individual who is ineligible to possess a firearm pursuant to § 18.2-308.1:1, 18.2-308.1:2 or 18.2-308.1:3 or the substantially similar law of any other state or of the United States.

    2. An individual who was ineligible to possess a firearm pursuant to § 18.2-308.1:1 and who was discharged from the custody of the Commissioner pursuant to § 19.2-182.7 less than five years before the date of his application for a concealed handgun permit.

    3. An individual who was ineligible to possess a firearm pursuant to § 18.2-308.1:2 and whose competency or capacity was restored pursuant to § 37.2-1012 less than five years before the date of his application for a concealed handgun permit.

    4. An individual who was ineligible to possess a firearm under § 18.2-308.1:3 and who was released from commitment less than five years before the date of this application for a concealed handgun permit.

    5. An individual who is subject to a restraining order, or to a protective order and prohibited by § 18.2-308.1:4 from purchasing or transporting a firearm.

    6. An individual who is prohibited by § 18.2-308.2 from possessing or transporting a firearm, except that a permit may be obtained in accordance with subsection C of that section.

    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.

    8. An individual who is addicted to, or is an unlawful user or distributor of, marijuana or any controlled substance.

    9. An individual who has been convicted of a violation of § 18.2-266 or a substantially similar local ordinance or of public drunkenness within the three-year period immediately preceding the application, or who is a habitual drunkard as determined pursuant to § 4.1-333.

    10. An alien other than an alien lawfully admitted for permanent residence in the United States.

    11. An individual who has been discharged from the Armed Forces of the United States under dishonorable conditions.

    12. An individual who is a fugitive from justice.

    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.

    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.

    15. An individual who has been convicted of stalking.

    16. An individual whose previous convictions or adjudications of delinquency were based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories. For purposes of this disqualifier, only convictions occurring within 16 years following the later of the date of (i) the conviction or adjudication or (ii) release from any incarceration imposed upon such conviction or adjudication shall be deemed to be "previous convictions."

    17. An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15.

    18. An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.

    19. An individual not otherwise ineligible pursuant to this section, who, within the three-year period immediately preceding the application for the permit, was found guilty of any criminal offense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of this title or of a criminal offense of illegal possession or distribution of marijuana or any controlled substance, under the laws of any state, the District of Columbia, or the United States or its territories.

    20. An individual, not otherwise ineligible pursuant to this section, with respect to whom, within the three-year period immediately preceding the application, upon a charge of any criminal offense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of this title or upon a charge of illegal possession or distribution of marijuana or any controlled substance under the laws of any state, the District of Columbia, or the United States or its territories, the trial court found that the facts of the case were sufficient for a finding of guilt and disposed of the case pursuant to § 18.2-251 or the substantially similar law of any other state, the District of Columbia, or the United States or its territories.
    Well there you go, depending on what your traffic offenses where they may or may not be able to deny you under number 7 but if they were simply traffic offenses, my reading says they don't matter. However, slow down is good advice period.

    Also I thought Clerks couldn't deny or approve permits, that was done by a judge and it was simply the Clerk job to process information.

    If I'm reading it wrong, someone will jump in and let me know but at least I quote my sources this time. :P

  3. #3
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    That was it - the speeding ticket was a Class 1 misdemeanor (90 in a 55 is reckless driving). I have slowed down a bit since the permit is a very important part of my life.

  4. #4
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    IANAL but the way I read number 7, two 90/55 tickets wouldn't disqualify you. Reckless driving is a 46.2 offense so it shouldn't be a disqualifying offense.



    Goliath

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