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Friend needs advice...

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OBXMIKE

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Hi, all.

I have a friend at work that earned a DWI about a year and a half ago, is/was a CCW permit holder, and was just denied renewal based on his aforementioned offense. He is mid-fifties and this was his first and only encounter with the law outside of a speeding ticket or two along the way. Now, I know any DWI offense is serious business....nobody should get behind the wheel under the influence of any substance....but as we know, a lot do. (I don't drink, so no worries here!) Anyway, he paid his dues, and I guarantee you, he'll not do it again! So what course of action would be prudent to take in regards to overcoming his permit denial? Has he screwed himself forever? Who should he request a hearing with? Should he employ an attorney? Any advice you guys could throw in would be appreciated. I'm familiar with the NC laws, but foggy on Virginia's intricacies.....
 
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roscoe13

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1st freedom wrote:
Can not be issued or renew a permit if you have a misdemeaner within 5 years
Click to expand...

Actually, according to the code here: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308 it's "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."

However, a single DWI w/in three years will also do it, he'll have to wait until it's ben three years since the DWI...
 
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longwatch

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Fortunately for the DUI offender he can still open carry in the year and a half he still has to wait.
 
HankT

HankT

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roscoe13 wrote:
However, a single DWI w/in three years will also do it, he'll have to wait until it's ben three years since the DWI...
Click to expand...

Pretty strict, seems to me. So much for the "lax Virginia gun laws."

That was an expensivenight ofpartying for the guy.
 
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1st freedom

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back in 1995 I had inadvertentlly crossed a property line while hunting on a friends land and was unsure of the boundrys. I had crossed a creek that shouldn't have and was cited for " tresspass while hunting". $50 fine nothing else, or so I thought. The tresspass charge was given for denial of permit.
 
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OBXMIKE

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True that, CaptainCharles. I'm sure the thought's crossed his mind on more than one occasion.The guy was barely over the .08, but the law is the law. Thanks for all the input, and the refs to the statutes Roscoe13. Looks like he's OCing until next year, unless he can pull a rabbit outta his hat! He's going to see if he can get a sit-down with the authorities and plead his case, to whatever outcome. Just another reason to never get behind the wheel even if you've only had a "couple"! :uhoh:
 
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longwatch

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1st freedom wrote:
back in 1995 I had inadvertentlly crossed a property line while hunting on a friends land and was unsure of the boundrys. I had crossed a creek that shouldn't have and was cited for " tresspass while hunting". $50 fine nothing else, or so I thought. The tresspass charge was given for denial of permit.
Click to expand...
I wonder if the law has relaxed in passing years or if you were actually denied inappropriately.
 
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roscoe13

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longwatch wrote:
1st freedom wrote:
back in 1995 I had inadvertentlly crossed a property line while hunting on a friends land and was unsure of the boundrys. I had crossed a creek that shouldn't have and was cited for " tresspass while hunting". $50 fine nothing else, or so I thought. The tresspass charge was given for denial of permit.
Click to expand...
I wonder if the law has relaxed in passing years or if you were actually denied inappropriately.
Click to expand...

It certainly appears that you're qualified based on the current laws...
 
HankT

HankT

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OBXMIKE wrote:
Looks like he's OCing until next year, unless he can pull a rabbit outta his hat!
Click to expand...

That's quite an odd situation. Barred by regulation from carrying a gun but not barredfrom carrying a gun. Odd.

A "loophole."
 
Hawkflyer

Hawkflyer

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HankT wrote:
...SNIP
That's quite an odd situation. Barred by regulation from carrying a gun but not barred from carrying a gun. Odd.

A "loophole."
Click to expand...

Not really. He is only barred from concealing the gun. What IS interesting is that because he can OC, he can take it in a place selling alcohol.

Regards
 
HankT

HankT

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Hawkflyer wrote:
HankT wrote:
...SNIP
That's quite an odd situation. Barred by regulation from carrying a gun but not barredfrom carrying a gun. Odd.

A "loophole."
Click to expand...

Not really. He is only barred from concealing the gun. What IS interesting is that because he can OC, he can take it in a place selling alcohol.
Click to expand...

It's a crazy mixed up world.

Actually, since it is impractical to OC in some situations, in those the guy cannot carry a gun legally. It's interesting, too, that the prohibition apparently kicks in only upon renewal. So he got a "free" 1.5 years of concealed carry because of the timing. Another "loophole."
 
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roscoe13

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HankT wrote:
Actually, since it is impractical to OC in some situations, in those the guy cannot carry a gun legally. It's interesting, too, that the prohibition apparently kicks in only upon renewal. So he got a "free" 1.5 years of concealed carry because of the timing. Another "loophole."
Click to expand...

One of the changes going into effect on 7/1 is a requirement for the state police to re-check all CHP holders annually to see if they're still eligible, so going forward he'd be screwed anyway...
 
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vrwmiller

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roscoe13 wrote:
One of the changes going into effect on 7/1 is a requirement for the state police to re-check all CHP holders to see if they're still eligible, so going forward he'd be screwed anyway...
Click to expand...

Do you happen to know the statute where this is explained? I would be interested in reading it.
 
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roscoe13

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vrwmiller wrote:
roscoe13 wrote:
One of the changes going into effect on 7/1 is a requirement for the state police to re-check all CHP holders to see if they're still eligible, so going forward he'd be screwed anyway...
Click to expand...

Do you happen to know the statute where this is explained? I would be interested in reading it.
Click to expand...

It's in the link posted above in one of my earlier posts. See section J5...
 
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vrwmiller

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roscoe13 wrote:
vrwmiller wrote:
Do you happen to know the statute where this is explained? I would be interested in reading it.
Click to expand...

It's in the link posted above in one of my earlier posts. See section J5...
Click to expand...

Ok. That is interesting. There's been discussion of lifetime permits in multiple threads on this board. It seems the general concensus is that lifetime permits will not go into effect because there is a lack of funding to do so.

However, section J5 in the statute above indicates that the VSP will be doing annual checks on permit holders (Beginning July 1, 2007). Was there an impact statement associated with the bill? Did it explain the need for funding and how it would be funded?

So, like it was pointed out in the other threads, if the wording is there....
 
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rlh2005

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vrwmiller wrote:
Ok. That is interesting. There's been discussion of lifetime permits in multiple threads on this board. It seems the general concensus is that lifetime permits will not go into effect because there is a lack of funding to do so.

However, section J5 in the statute above indicates that the VSP will be doing annual checks on permit holders (Beginning July 1, 2007). Was there an impact statement associated with the bill? Did it explain the need for funding and how it would be funded?

So, like it was pointed out in the other threads, if the wording is there....
Click to expand...

See the last post in http://opencarry.mywowbb.com/forum54/2501.html
 
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vrwmiller

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rlh2005 wrote:
vrwmiller wrote:
Ok. That is interesting. There's been discussion of lifetime permits in multiple threads on this board. It seems the general concensus is that lifetime permits will not go into effect because there is a lack of funding to do so.

However, section J5 in the statute above indicates that the VSP will be doing annual checks on permit holders (Beginning July 1, 2007). Was there an impact statement associated with the bill? Did it explain the need for funding and how it would be funded?

So, like it was pointed out in the other threads, if the wording is there....
Click to expand...

See the last post in http://opencarry.mywowbb.com/forum54/2501.html
Click to expand...
Indeed, I saw that. However, see section J5 at http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

It begins by saying "Effective July 1, 2007". I've seen this in multiple statutes. So, the data is posted prior to July 1.
 
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