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Thread: VA CHP background investigation

  1. #1
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    I would like to submit my application for my Virginia CHP but am hesitant due to some issues in my past.

    I had a problem with alcohol in my youth (20's) I was able to get myself back up on the saddle and move on with my life sober . My drinking did bring me into contact with Fairfax Co. PD however. In 1982 -1983 I got 2 public intoxication (by the way these are very easy to get just walking down the sidewalk after midnight) and 1 DUI.

    I have had nothing on my record since 1983.

    The first time I wanted to buy a gun I was denied by Fairfax (In 2001)This was back when the county had the waiting period and did their own check. I went over to Loudon and had no problem.

    I do OC often but as we all know there are times that this is difficult.

    I assume that I will be denied a CHP, I think you can get a hearing and perhaps bring in some character references. I looked into getting my recored "expunged" but was told that that may not help. So the denial hearing may be my only way. I have all my paperwork ready. Will let you know how it goes.

    Thanks for listening,

    Marcus

  2. #2
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    What does the statute say? Please look at 18.2-308 beofre you post questions about your facts and the disabilities in that statute.

  3. #3
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    http://www.vsp.state.va.us/Firearms_...Concealed.shtm

    has the requirements (specifically):

    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 or reckless driving shall not be considered for purposes of this disqualification.

    As long as your DUI wasn't a felony (I have no clue) you should be good to go since it's been 5 years... but check out the entire checklist and see if there's anything you could be flagged for.
    -Unrequited

  4. #4
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    I will read the statute again.

    I recall something in there about multiple misdemeanors occurring in a span of time. I have no felony. I have nothing to hide and just wanted to sound this off on the forum.



  5. #5
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    You should be good. It's five years. It's always goodto know where to find the statutes.

  6. #6
    Regular Member IanB's Avatar
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    Marcus,

    Welcome to OCDO! I see you're in Annandale, if you have not attended a VCDL meeting yet, you have no excuse not to! They are held in Annandale at the Mason Gov Ctr. See www.vcdl.org for more information about meetings. I'm in Annandale too, might see you around OC'ing.

  7. #7
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    Marcus, be careful around this guy....he's a nakedvideotaper too.

  8. #8
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    DIP (Drunk in public) is Class 4 and DWI is Class 1 according to my research. This of course is using present day law which may have bumped up penatlies of these laws since you were convicted. Since they are all OLD news, I cannot see any reason you would be denied a CHP.

  9. #9
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    Yeah, I saw some of his work from the MMM meeting. Hollywood is calling.

  10. #10
    Regular Member VAopencarry's Avatar
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    Marcus, If your DUI was not a felony you are OK. Three DUI's in a 10 year period the 3rd will be considered a felony. I am guessing if your DUI was a felony you would know. Sorry I am not going find the reference now. ok maybe I will come back with it shortly.

    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-270
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

  11. #11
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    One simple DUI is a class-one misdemeanor. Not a felony.

    Furthermore, 18.2-308 specifically excludes criminal offenses that come under title46.2 of the code, whichessentiallymeans traffic-related offenses aren't to be considered in the decision whether to grant a CHP.
    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.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

  12. #12
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    Guys, the post above, from "Melanie" looks to be a phishing scheme. Don't click that link.

  13. #13
    Regular Member zoom6zoom's Avatar
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    ... plus, it's a three year old thread.

  14. #14
    Regular Member ProShooter's Avatar
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    mdinnie wrote:
    Guys, the post above, from "Melanie" looks to be a phishing scheme. Don't click that link.
    I can't believe that a regular member like Melanie would do that to us on her very first post!
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
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    Instructor Bio - http://proactiveshooters.com/about-us/

  15. #15
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    Wow, who would have thought that "Mickey Mouse" has 13 result in VA. Now for the introductory price...
    "Rule 1: All Guns Are Always Loaded" - Jeff Cooper
    On Sheep, Wolves and Sheepdogs - by Lt. Col. Dave Grossman

  16. #16
    Moderator / Administrator Grapeshot's Avatar
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    Anybody hear from Marcus after 2007?

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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