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Thread: Can I still carry???

  1. #1
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    I was convicted of assualt and battery yesterday. I have checked the VA Police website, and checked lots and lots of law, it seems I am able to still legally possess a firearm.

    Would anyone care to help confirm this as well??



    -----Details of the trial will be given at a later time.

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    Regular Member Thundar's Avatar
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    Danbus,

    As long as it was not domestic violence, whatever that means, I can find nothing in 18.2 308 that would prohibit OC.

    BMWAG, didn't know you had troubles. Whatever happened you know that there are many here that still have your back.

    Thundar








    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  3. #3
    Founder's Club Member Skeptic's Avatar
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    Sorry to hear that.

    I am praying for you.

    IANAL, but it would seem to me if you were convicted under Virginia Code §18.2-57 a misdemeanor and it was not related to a domestic abuse case you SHOULD be ok.

    But again IANAL


    *** Added that this may be different if it was against an LEO , in which case it becomes a class 6 felony and you may have issues, but I think there is a 6 month minimum involved ***

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    IANAL, but - As long as it wasn't Domestic Assault and as long as it was Misdemeanor assault, then you should be ok.

    Good luck!

  5. #5
    Regular Member virginiatuck's Avatar
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    As far as I know...

    Depends on whether you were convicted of misdemeanor or felony assault and battery. Obviously, any felony conviction prohibits you from possessing a firearm.

    If misdemeanor, concealed carry is the only thing that's prohibited; and for three years from the date of conviction. (18.2-308 subsection E, #14)

    Of course this just applies to Virginia. I recall reading other states' laws that have a much broader definition of "prohibited persons."

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    Lone Star Veteran DrMark's Avatar
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    Prayers sent, Dan.



  7. #7
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    Dan,

    Im sorry about what happen...i hope everything turns out for the best (in your favor)bro.





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    I hope everything works out for you. Sorry I don't have an answer for your question.

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    Classic Hank, expect nothing less than such stoic fatherly advice from you.

  10. #10
    Campaign Veteran Dutch Uncle's Avatar
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    I will leave it to Dan to fill in any details he wishes, but this had to do with his arresting a psychopathic punk who had been legally banned from the place where Dan was employed as an armed security officer. After being removed by the police, the punk got to the magistrate quickly and swore a warrant for A&B. (And it had nothing to do with a firearm.) I don't know where it went from there, but I smell a rat.

    And Hank, go pound sand.

    The time to be a Dutch Uncle is when you already know something about the issue at hand.

  11. #11
    Moderator / Administrator Grapeshot's Avatar
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    Any appeal in the works? I smell injustice.

    Will give any support I can.

    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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    Regular Member riverrat10k's Avatar
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    I smell set-up by a "paid informant."



    Bueller? Bueller?
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  13. #13
    Campaign Veteran marshaul's Avatar
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    Dutch Uncle wrote:
    I will leave it to Dan to fill in any details he wishes, but this had to do with his arresting a psychopathic punk who had been legally banned from the place where Dan was employed as an armed security officer.Â* After being removed by the police, the punk got to the magistrate quickly and swore a warrant for A&B. (And it had nothing to do with a firearm.)Â* I don't know where it went from there, but I smell a rat.

    And Hank, go pound sand.Â*

    The time to be a Dutch Uncle is when you already know something about the issue at hand.
    Ridiculous. Appeal?

  14. #14
    Campaign Veteran Dutch Uncle's Avatar
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    My remark about HankT might seem to be a non-sequitur, but evidently Hank took down his earlier comments. As only Hank can, he used the occasion of Dan's misfortune to kick him while he's down, with comments about how Dan should seriously reconsider his past behavior and attitudes and learn a lesson from this conviction.

    If one of us revealed that he had just been diagnosed with lung cancer, Hank would be the one to jump right in with comments about the evils and consequences of cigarette smoking.......


  15. #15
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    HankT wrote:
    Dutch Uncle wrote:
    I will leave it to Dan to fill in any details he wishes, but this had to do with his arresting a psychopathic punk who had been legally banned from the place where Dan was employed as an armed security officer. After being removed by the police, the punk got to the magistrate quickly and swore a warrant for A&B. (And it had nothing to do with a firearm.) I don't know where it went from there, but I smell a rat.

    And Hank, go pound sand.

    The time to be a Dutch Uncle is when you already know something about the issue at hand.
    What the H-E-double hockey sticks are you talking about??????



    Dutch Uncle wrote:
    I will leave it to Dan to fill in any details he wishes, but this had to do with his arresting a psychopathic punk who had been legally banned from the place where Dan was employed as an armed security officer. After being removed by the police, the punk got to the magistrate quickly and swore a warrant for A&B. (And it had nothing to do with a firearm.) I don't know where it went from there, but I smell a rat.
    Is that a professional diagnosis, doc? Did you treat this "psychopathic punk?"

    Should you be practicing on a public forum? Is that OK with the AMA?

    He's talking about your mystery post that is no longer present that appeared right above mine, but you already knew that, lol.


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    Dutch Uncle wrote:
    And Hank, go pound sand.
    +1

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    Regular Member Thundar's Avatar
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    HankT wrote:
    What the H-E-double hockey sticks are you talking about??????
    You know Hank I thought that maybe you had learned how to play nice in the sandbox,





    but no there you are again, off on your own eating lunch out of the kitty litter box.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  18. #18
    Lone Star Veteran DrMark's Avatar
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    No need to let the trolling likes of Hank/LEO229/nitrovic derail the thread.

    good luck, Dan!





  19. #19
    Founder's Club Member Skeptic's Avatar
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    Dutch Uncle wrote:
    My remark about HankT might seem to be a non-sequitur, but evidently Hank took down his earlier comments.
    Shades of SMG at the Richmond Coliseum.

  20. #20
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    Sigh.

    Guys, you feed the local troll way too much. Mike/John DELETED his comment (as you cannot do this yourself), lets not continue on going down to our local idiot HankT's level.

  21. #21
    Regular Member sudden valley gunner's Avatar
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    Good luck Dan!!! I'm sure you will beat this rap,,,,,what is our governments coming to.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  22. #22
    Regular Member paramedic70002's Avatar
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    Wow that sucks. I did 3 years armed security, dealing with nutjobs.

    OT: My worst enemy was an activist magistrate that threatened to jack me up with the law because I used pepper spray too much. That went nowhere. I talked to his boss and the magistrate was never seen again. But enough about me.

    You have my sympathy. I hope you appeal.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

  23. #23
    Regular Member Neplusultra's Avatar
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    Thundar wrote:
    Danbus,

    As long as it was not domestic violence, whatever that means, I can find nothing in 18.2 308 that would prohibit OC.

    Thundar
    I agree, misdemeanor is an issue for CC but has no effect on OC. If you can own a gun, you can carry it. With my troubles the Judge "revoked" my CC due to my pending felony indictment, even though the statute only allows him to "suspend" it. I still carry OC and still have possession of all my firearms. A misdemeanor has no effect on your right to keep and bear.

    Edit: And to tell you the truth, even if guilty of a felony, if no weapon or threat of violence was involved in the act, what basis do they really have of denying a "right" that was not "abused" ????

  24. #24
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    Dutch Uncle wrote:
    I will leave it to Dan to fill in any details he wishes, but this had to do with his arresting a psychopathic punk who had been legally banned from the place where Dan was employed as an armed security officer. After being removed by the police, the punk got to the magistrate quickly and swore a warrant for A&B. (And it had nothing to do with a firearm.) I don't know where it went from there, but I smell a rat.
    This smells like horse s to me.

    I mean, let's look at the situation here, Dan's been putting the legal beat-down on various cities in the area left and right, and now some crack head manages to get a conviction of A&B on a security guard (Dan) doing his job.

    Anyone else a little suspicious of this? Where's Pishko?
    Why open carry? Because 1911 > 911.

  25. #25
    Campaign Veteran Dutch Uncle's Avatar
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    Pishko, fortunately, won't be part of this picture. Dan was working on the peninsula, not in Norfolk.

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