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VA CHP background investigation

Marcus

New member
Joined
Jun 20, 2007
Messages
8
Location
Annandale, Virginia, USA
imported post

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
 

unrequited

Regular Member
Joined
Nov 27, 2006
Messages
1,407
Location
Mag-bayonettes!, Virginia, USA
imported post

http://www.vsp.state.va.us/Firearms_ResidentConcealed.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.
 

Marcus

New member
Joined
Jun 20, 2007
Messages
8
Location
Annandale, Virginia, USA
imported post

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.
 

IanB

Regular Member
Joined
Jul 18, 2006
Messages
1,896
Location
Northern VA
imported post

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.
 

rabbit994

Regular Member
Joined
Jun 23, 2006
Messages
242
Location
Virginia, ,
imported post

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.
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
imported post

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.
 
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