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Can I still carry???

danbus

Regular Member
Joined
Dec 3, 2006
Messages
495
Location
Hampton, Virginia, USA
imported post

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.
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
imported post

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
 

Skeptic

Founder's Club Member
Joined
Oct 2, 2007
Messages
585
Location
Goochland, Virginia, USA
imported post

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 ***
 

virginiatuck

Regular Member
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Feb 5, 2009
Messages
787
Location
Loudoun County, Virginia, USA
imported post

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."
 

rkbaguy

Regular Member
Joined
May 27, 2009
Messages
60
Location
Virginia
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If General District Court, you are probably OK.

If Juvenile and Domestic Relations District Court you are probably not OK.

Otherwise, you have probably already seen the language in the Code as it pertains to concealed handgun permits:
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.

You probably already also know about the Lautenberg Amendment, and its prohibition against possession of firearms in any form by persons convicted of a "domestic violence" crime.
http://www.gunlawnews.org/lautenberg.html
 

Dutch Uncle

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May 11, 2006
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Virginia, USA
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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. :cuss:

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

Grapeshot

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May 21, 2006
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Valhalla
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Any appeal in the works? I smell injustice.

Will give any support I can.

Yata hey
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
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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.

And Hank, go pound sand.  :cuss:

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

Dutch Uncle

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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.......
:banghead:
 

bohdi

Regular Member
Joined
Mar 21, 2007
Messages
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Location
Centreville, Virginia, USA
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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. :cuss:

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??????
13.gif




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.
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
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Location
Newport News, Virginia, USA
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HankT wrote:
What the H-E-double hockey sticks are you talking about??????
13.gif
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.
 
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