Knoelf
New member
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
Knoelf@verizon.net
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
Is a brandishing misdemeanor the same as other misdemeanors where you can get your CHP back after a period of time?
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.
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
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308
Or you could look it up yourself, seeing as it is not that difficult.
stay safe.
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.
Now, now. Lets be nice to the new guy.
If he omits to thank us for our assistance, then we can unload on him!
The OP posted on the 9th.
Its the 12th.
He hasn't thanked us for our assistance. Now, we can unload on him.
Ingrate!
Look here, someone asked this question earlier this month. Oh wait a minute...it was you!
http://forum.opencarry.org/forums/showthread.php?92639-Can-I-still-open-carry-in-VA
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.
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.