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

paramedic70002

Regular Member
Joined
Jun 14, 2006
Messages
1,440
Location
Franklin, VA, Virginia, USA
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.
 

230therapy

Regular Member
Joined
Aug 10, 2008
Messages
279
Location
People's County of Fairfax
Guys,

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.
 
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peter nap

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Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
Guys,

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.

That's true 230 and the original question seems genuinely honest. I always wonder about the ones that ask, get answers and never respond, then ask again.

The answer really depends on the terms of the probation which even GD Judges have considerable latitude in setting.
 

TFred

Regular Member
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Oct 13, 2008
Messages
7,750
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Most historic town in, Virginia, USA
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.

TFred
 

user

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Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
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.
 

skidmark

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

Btw, Skidmark, it's not getting paid for legal advice that makes one subject to a claim for legal malpractice. ....

No, but I get in trouble with your craft guild if I do take money.

And just when are you attorneys, let alone the doctors, going to get it right and stop needing to practice and actually perform? (There! I got my dig in. I feel better.) Remind me to telll you of the time I was asked by a J&DR judge if I was attempting to practice law in his court. He gave me a really dirty look when I told him I would not think of discussing the law with him till I had gotten it right.

stay safe.
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
No, but I get in trouble with your craft guild if I do take money.

And just when are you attorneys, let alone the doctors, going to get it right and stop needing to practice and actually perform? (There! I got my dig in. I feel better.) Remind me to telll you of the time I was asked by a J&DR judge if I was attempting to practice law in his court. He gave me a really dirty look when I told him I would not think of discussing the law with him till I had gotten it right.

stay safe.

HAH! Funny, people sometimes ask me whether I'm still practicing law. I tell 'em, "yup, gonna keep practicing until I figure out how to do it for real!".

One of my standard quips in the Deadly Force Seminar (in connection with the need to find a good lawyer NOW) is that lawyers, like plumbers, cops, dentists, tree surgeons, and just about every other occupation, fall into three groups. Some of them are really, really bad. Some of them are really, really good. Most of 'em are average. Question is, when you're in jail at 2:00 o'clock a.m. in the New Crumpet Adult Detention Center is that a good time to try to find a "good" lawyer. Ask the deputy to allow you to call a lawyer; he responds, "ok, who's your lawyer?"; you haven't really picked one, and he hands you the phone book. I dunno, but seems to me that's not the best way to pick.

By the way, what's with the "suits" thing? I cancelled my cable tv service and went back to antenna on roof tv (much, much better picture - no compression "artifacts").
 
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TFred

Regular Member
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Oct 13, 2008
Messages
7,750
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Most historic town in, Virginia, USA
By the way, what's with the "suits" thing? I cancelled my cable tv service and went back to antenna on roof tv (much, much better picture - no compression "artifacts").
http://en.wikipedia.org/wiki/Suits_(TV_series)

Michael 'Mike' Ross (Patrick J. Adams) is a brilliant college dropout who made some bad decisions with an eidetic memory that has allowed him to pass the bar exam without attending law school. Harvey Specter (Gabriel Macht), one of Manhattan's best lawyers, takes a gamble and hires Mike as his new associate. Because of the firm's policy of hiring only Harvard Law graduates, Harvey and Mike are forced to pretend that Mike has gone to Harvard. Unlike the veteran Harvey, Mike empathizes with his clients.

TFred
 

Repeater

Regular Member
Joined
Nov 5, 2007
Messages
2,498
Location
Richmond, Virginia, USA
HAH! Funny, people sometimes ask me whether I'm still practicing law. I tell 'em, "yup, gonna keep practicing until I figure out how to do it for real!".

By the way, what's with the "suits" thing? I cancelled my cable tv service and went back to antenna on roof tv (much, much better picture - no compression "artifacts").

Well, TFred answered it pretty well.

Suits makes me laugh because it seems to ignore the tradition of 'Reading the Law" -- at least it's still a tradition in Virginia.

Ken Stolle passed the bar, yet he never graduated from any law school; instead, he read the law.

Do you have a legal mind? Try the quiz.
 
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