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Can I still open carry in VA If I am convicted of brandishing and lose my concealed c

grylnsmn

Regular Member
Joined
Dec 28, 2010
Messages
620
Location
Pacific Northwest
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?

Knoelf@verizon.net

Are you legally prohibited from possessing a firearm? If not, then you are legally allowed to OC anywhere that carry in general is not prohibited. If you are, then you aren't allowed to legally carry at all.
 

thebigsd

Founder's Club Member
Joined
Mar 23, 2010
Messages
3,535
Location
Quarryville, PA
Welcome to OCDO! While I also believe the above is correct I recommend checking with an attorney first.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Is a brandishing misdemeanor the same as other misdemeanors where you can get your CHP back after a period of time?

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

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.

Or you could look it up yourself, seeing as it is not that difficult.

stay safe.
 
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TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
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?

TFred
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
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?

TFred

It works "in general" but so often the question is asked as it relates to a specific set of circumstances.

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.

stay safe.
 

Neplusultra

Regular Member
Joined
Sep 7, 2007
Messages
2,224
Location
Christiansburg, Virginia, USA
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.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
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.

What's a CCP?

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.*

stay safe.















*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.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
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.

stay safe.
 

Knoelf

New member
Joined
Jul 9, 2011
Messages
2
Location
Richmond, VA
Can I Open Carry

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?

Thanks,

knoelf
knoelf@verizon.net
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
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."

stay safe.

* 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.
 
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Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Question might be is he casting about for an answer or trolling?

Not trying to be unreasonable, but do think it deserves a response.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
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.

stay safe.

No deposit, no return. ;)
 

thebigsd

Founder's Club Member
Joined
Mar 23, 2010
Messages
3,535
Location
Quarryville, PA
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.

stay safe.

Hey Citizen started it. I was just respecting my elders.
 
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