Confused new member question

wylde007 said:

If a drunk in public charge does not preclude you from owning a firearm then there is no reason to believe it would prevent you from applying for a VA resident permit. Only "habitual drunkenness" can be presented as a potential for denial, and even then it can be argued to the courts.


I'll be Proshooter can clear a lot of your questions up better than I. He does this stuff for a living.

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The DIP will most definitely keep him from getting a Virginia CHP until 3 years has elapsed:

The following persons shall be deemed disqualified from obtaining a permit:


18.2-308 E (9)

9. An individual who has been convicted of a violation of § 18.2-266 or a substantially similar local ordinance, or of public drunkenness, or of a substantially similar offense under the laws of any other state, the District of Columbia, the United States, or its territories within the three-year period immediately preceding the application, or who is a habitual drunkard as determined pursuant to § 4.1-333.

Another question, which is OT for the Virginia forum (and I'm not asking for an answer here, just provoking thought), is whether a student living in another state can maintain his legal residency status in Ohio for the duration.

The bottom line here is that this idea the OP has is riddled with legal and ethical problems. IMHO the OP ought to lawfully OC and not bother with the VA-CHP or OH-CCL.

While the GFSZA is, in theory, unenforced and, in theory, unenforcible, lawful OC without a valid permit/license would mandate no carry in a school zone unless one of the other exceptions to the GFSZA is met. Yeah, I know, I'm no fun at all...

Let's push for the national reciprocity bill to be passed next session... perhaps attached to that bill on page 16,384 could be a repeal of the GFSZA.

valter9mm said:

1) ohio doesn't ask for any conviction record other than felonies or violence related misdemeanors. It is also not listed as a disqualifying factor.

2) There would have to be some sort of clause for that. While it may be a loophole in the system, an ohio permit would be valid either way.

The other possibility is maybe they don't actually deny you in virginia for it.... idk

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What I meant by "may be considered void" is that if you run afoul of the law (for any reason) while CCing in VA on your OH permit within the 3 year DIP exclusion window, it's possible that you could be facing charges of CCing without a valid VA CHP. Some prosecutors are more zealous than others, and try to capitalize on opportunity. Just MHO.

valter9mm said:

I guess the real questions here: if I get pulled over in my car OC'ing or concealed (with a permit) while driving through a school zone, can a local LEO arrest me for GFSZA violation? How bout walking in public?

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With a permit? Absolutely not. See the above reference. Open or concealed does not matter in Virginia, it is the P4P created by the federal caveat.

If you're driving and without a permit you would not be cited for a firearm violation. If you were walking you most-likely would not.

And if I should have to use my weapon to defend myself within this zone will I be prosecuted?

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Not if it is justifiable defense.

Can anyone find or think of an actual case in VA or elsewhere involving a defensive shooting or a person arrested for GFSZA while not on the school grounds and not violating any other laws?

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Not a single one comes to mind.

The joke is that apparently you can own a gun in your own home, but not take it outside of that home if your home is within 1000 yards of a school.

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1000 FEET, not yards. And you may lawfully possess and carry a firearm on your own PRIVATE PROPERTY. You do not have to remain in your abode.

The NRA should sue that this violates an individuals 2nd amendment rights by forcing them to commit a crime to move their weapon (think if said person has to move houses). Its also obviously a 10th amendment violation as this is a major overstretch of government power... commerce clause was never meant to regulate daily transportation of personal property. I'm not a lawyer by any stretch but it also seems that it is entrapment to not be able move your personal property without committing a crime.

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You are still not getting it - moving your own property either on your person or in a vehicle is not a crime. We have laid out the cites to statute for you and tried to explain.

If you have a permit, you are exempt of the FEDERAL GFSZA 1000' rule. If you do not have a permit, you are not likely to be charged with an offense as a primary (most local police have little interest, from my experience, in federal law) and your best bet is to pass outside of the invisible circle with haste, but you are not in danger of prosecution for transiting through a school zone.

If you are on your own personal property, you are exempted from ANY requirements by both federal law and VA statutory law.