I was convicted of brandishing in 2007and had to give up my CCP was it legal for me to open carry in VA after that misdemeaner conviction?
Alma 43:47 - "And again, the Lord has said that: Ye shall defend your families even unto bloodshed...."
Self defense isn't just a good idea, it's a commandment.
Welcome to OCDO! While I also believe the above is correct I recommend checking with an attorney first.
"When seconds count between living or dying, the police are only minutes away."
Is a brandishing misdemeanor the same as other misdemeanors where you can get your CHP back after a period of time?
Last edited by Kevin108; 07-10-2011 at 12:58 PM.
Or you could look it up yourself, seeing as it is not that difficult.E. The following persons shall be deemed disqualified from obtaining a permit:
1. An individual who is ineligible to possess a firearm pursuant to § 18.2-308.1:1, 18.2-308.1:2 or 18.2-308.1:3 or the substantially similar law of any other state or of the United States.
2. An individual who was ineligible to possess a firearm pursuant to § 18.2-308.1:1 and who was discharged from the custody of the Commissioner pursuant to § 19.2-182.7 less than five years before the date of his application for a concealed handgun permit.
3. An individual who was ineligible to possess a firearm pursuant to § 18.2-308.1:2 and whose competency or capacity was restored pursuant to § 37.2-1012 less than five years before the date of his application for a concealed handgun permit.
4. An individual who was ineligible to possess a firearm under § 18.2-308.1:3 and who was released from commitment less than five years before the date of this application for a concealed handgun permit.
5. An individual who is subject to a restraining order, or to a protective order and prohibited by § 18.2-308.1:4 from purchasing or transporting a firearm.
6. An individual who is prohibited by § 18.2-308.2 from possessing or transporting a firearm, except that a permit may be obtained in accordance with subsection C of that section.
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.
8. An individual who is addicted to, or is an unlawful user or distributor of, marijuana, synthetic cannabinoids, or any controlled substance.
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.
10. An alien other than an alien lawfully admitted for permanent residence in the United States.
11. An individual who has been discharged from the Armed Forces of the United States under dishonorable conditions.
12. An individual who is a fugitive from justice.
13. An individual who the court finds, by a preponderance of the evidence, based on specific acts by the applicant, is likely to use a weapon unlawfully or negligently to endanger others. The sheriff, chief of police, or attorney for the Commonwealth may submit to the court a sworn written statement indicating that, in the opinion of such sheriff, chief of police, or attorney for the Commonwealth, based upon a disqualifying conviction or upon the specific acts set forth in the statement, the applicant is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police, or the attorney for the Commonwealth shall be based upon personal knowledge of such individual or of a deputy sheriff, police officer, or assistant attorney for the Commonwealth of the specific acts, or upon a written statement made under oath before a notary public of a competent person having personal knowledge of the specific acts.
14. An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of § 18.2-282 within the three-year period immediately preceding the application.
Last edited by skidmark; 07-10-2011 at 05:36 PM. Reason: fixed formatting
Maybe we should come up with a short "sound bite" answer to this question, since it's common.
Q: Can I open carry in Virginia?
A: There is no distinction between "carrying a gun" and "openly carrying a gun" in Virginia law, and the default answer (barring some reason to the contrary) is "yes"!
Does that work?
I'm not allowed to charge - or even accept donations - for legal advice, but there is nothing that prevents me from sharing my opinion of what the law says and what that means in the specific situation. If that can assist someone who has a lesser understanding of the law I do not mind doing so. And yes, I am willing to stand behind my opinions, but it is your (the reader's) responsibility to carefully consider if you want to accept and follow what I said/suggest. Caveat Emptor allways applies.
Which is all to explain why I do not like a "one size fits most" answer to questions about the law.
It's my understanding that you cannot be denied a CCP for a single misdemeanor, even if it was Class 1. Why was your permit taken, I don't see the court had the authority to do so. Not that they wouldn't try.
I know the CCCP used to be the Evil Empire until they went belly up.
Oh! You were referring to the Virginia Concealed Handgun Permit - the ubiquitious CHP.*
*Just pulling at your leg there. Some folks have a major hissy fit when someone uses anything but the official/officious "CHP" designation. Just trying to get in before they start their major rant.
Now, now, children!
First of all, I'm not going to say "I told you so" because I didn't. But I did just know, so I got my licks in up front.
Second, the OP got his information, it was not what he hoped it would be, and is now sulking.
And finally, we are a patient bunch. We can wait for his return.
If I am convicted of brandishing and lose my concealed carry permit, can I still open carry even if given 3 years probation??? Can I carry during my probationary period?
It would depend on your conditions of probation. While the base-line technical answer is pretty much "Yes, you could still OC" there are many infringements that can be imposed on you during the time you are under probation supervision.
Are you currently awaiting trial? Are you represented by an attorney? Do you see why just "rolling over" and accepting a plea agreement to the charge is not the best tactical decision? Why would you be sentenced to 3 years probation for a crime that carries a maximum sentence of 12 months* **?
Oh! And "Welcome to OCDO."
* state misdemeanor sentences are expressed in months as opposed to years to help everynody understand that they are misdemeanor as opposed to felony convictions.
** I "know" that judges can pretty much get away with anything that is not sucessfully appealed, but using the "carrot and stick" to impose punishment over a period of time three times longer than the maximum jail sentence just strikes me as all sorts of foul.
Last edited by skidmark; 07-30-2011 at 08:33 PM. Reason: $$#@*) typos
"He'll regret it to his dying day....if ever he lives that long."----The Quiet Man
Because stupidity isn't a race, and everybody can win.
"No matter how much contempt you have for the media in all this, you don't have enough"
Question might be is he casting about for an answer or trolling?
Not trying to be unreasonable, but do think it deserves a response.
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.
I don't know if the GDC court can take your CHP, but I'm pretty sure the CC may be able to, since they issued it. And if you apply for a renewal or a new CHP, the Sheriff or C.O.P. can write a letter opposing it, if they have personal knowledge that you may use a firearm unlawfully. There's no expiration date on that section, other than getting a new 'chief law enforcement officer' who doesn't know you. Not so good if it is perpetually re-elected Sheriff or long serving C.O.P.
I'd love for the OP to rejoin us, and share some more details.
"Each worker carried his sword strapped to his side." Nehemiah 4:18
Guns Save Lives. Paramedics Save Lives. But...
Paramedics With Guns Scare People!
Some people don't spend much time on the internet. Believe it or not, they use it for research on topics they don't know about. Otherwise, they generally avoid iLife. This may be the only gun forum he is on. I know, it's amazing!
I guess the general consensus is that he can open carry since no permit is required and he is not a prohibited person. It also seems like he could apply for the permit since it's past the three year limit.
Last edited by 230therapy; 07-31-2011 at 12:22 PM.
Does anyone here actually believe that the Founders were sitting around in John Adams' tavern UNARMED because they believed a bar should be a gun free zone?
The answer really depends on the terms of the probation which even GD Judges have considerable latitude in setting.
It's also possible that he's not computer-savvy enough to find the original post, with all the answers - I'm sure people like this are out there. Just typing out loud, hard to say what the true situation is.
There's a three-year suspension of one's right to apply for or have a concealed handgun permit for a few gun related charges, and brandishing is one of them. That has absolutely nothing to do with the Constitutional right to carry a firearm openly.
I've never heard of multi-year probation for a misdemeanor. The most jail time they can give for any misdemeanor is twelve months. I'd always assumed (i.e., I've never actually researched that issue) that the power of the court to impose probation couldn't outlive the possible jail sentence. Someone may be confused about what that three years was, it may not have been "probation", but the period during which one is prohibited from concealed carry. I'll have to look that one up.
Btw, Skidmark, it's not getting paid for legal advice that makes one subject to a claim for legal malpractice. Getting paid makes an attorney the attorney for the person who paid him, but that's different. Since law is one of the three "professions" at common law (i.e., occupations that have uncertain subject matter for which skill, judgment, and extended education are required in order to protect people's lives and property, namely theology, medicine, and law), and not a "business", it's the mere act of "professing" that creates liability. There is, of course, a general discourse on the subject matter, "mere opinion", and general information, which is not advice that one might reasonably rely on, and that's different from specific legal advice (e.g., "You must immediately liquidate the marital estate and give all the money to me; max out the jointly-held credit cards with cash advances, and give the proceeds to me; sell the artworks, the collections, and the silver and give the money to me; I'll put all your money in my trust account and charge against it as costs and fees arise. I'll file motions every two weeks and at the end of the year the other side will sign anything just to be rid of you, and you'll win. Now, what was that question about your husband having photographs of you with your boyfriend?"). Anyway, using phrases like "IANAL" won't protect you. If anything it could be used the other way (sort of like the sign on the fence that says, "beware of dog"). We might ought to have a caption at the top of every screen that says that any legal opinions expressed by anyone are to be taken as mere opinion and not as a substitute for either one's own legal research or consulting a local attorney.
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.