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Va legal question

Discussion in 'Carry Issues' started by RUGER4141, Mar 27, 2010.

  1. RUGER4141

    RUGER4141

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    I have got a friend that was arrested for domestic abuse on a family member. upon going to court he was told that the judge thought it was a bogus deal and if he stayed out of trouble for six months it would be dimissed. That would be June. He just got a summons to go to court about his CC permit for next week. Can they take it from him for that even though he has not and will not be convicted on this charge? He is also apllying for a new job and they do a background check. Will this come up on it too? Looking for some good solid info hear. He is calling a lawyer Monday.
     
  2. JuneyBooney

    JuneyBooney

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    He will have to have the arrest expunged or he could indeed become a prohibited person and not even be able to buy a firearm. If he has a chp and they have notified him then I may believe they could revoke his permit. I would advise taking a lawyer. Some argument can be made that the charges are going to be dropped but it is a sticky situation. Which county is this in? Shenandoah? Page?
     

  3. steve1988

    steve1988

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    From the VA state police web site:
    <TABLE width="100%" align=left border=0><TBODY><TR><TD>Revocation, Suspension, or Surrender of Permit</TD><TD align=right>[​IMG]</TD></TR></TBODY></TABLE>

    Any person who has a felony charge pending or a charge pending for an offense that would be a disqualification for a permit who holds a concealed handgun permit may have such permit suspended by the court before which the charge is pending.
    Any person convicted of an offense that would disqualify that person from obtaining a permit or who makes a false statement in an application shall forfeit his permit to the court, or shall be subject to suspension or revocation of the permit.
    Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his or her permit to the court entering the order for the duration of any protective order pursuant to § 18.2-308.1:4.
    Any person granted a concealed handgun permit who is under the influence of alcohol or illegal drugs while carrying such weapon in a public place shall be guilty of a Class 1 misdemeanor.

    <HR>
    ETA: Definitely lawyer up.
     
    Last edited: Mar 27, 2010
  4. Bren

    Bren NRA Life Member

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    He said arrest - you can't become a prohibited person by being arrested, without a conviction. In addition, you generally can't lose a CCW permit due to an arrest without conviction, but some states may have loopholes for that.

    steve1988's post looks like the answewr - they can apparently suspend him while the charge is pending, but once it is dismissed, he should be able to get the permit back. It's been 6 months - did it get dismissed?
     
    Last edited: Mar 27, 2010
  5. RUGER4141

    RUGER4141

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    Will it show up on a background check for employment though?
     
  6. JuneyBooney

    JuneyBooney

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    Yes, you can become a prohibited person from an arrest during the time the arrest shows. Those domestic violence charges are really nasty to gun owners.
     
  7. LoadedTech

    LoadedTech

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    He needs to lawyer up and OC for now.
     
  8. Bren

    Bren NRA Life Member

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    NO, you can't. You don't even become a "prohibited person" while the charge is pending or while under indictment (you can't receive new guns while udner indictment, but can still possess guns). Simple as that - due process requires a conviction for the charge to result in a disability. Even domestic violence CHARGES do not make you a prohibited person unless you are convicted (domestic violence ORDERS are a different matter and they can lead to temporary problems under state and federal alw, while they are in effect).
     
    Last edited: Mar 27, 2010
  9. JuneyBooney

    JuneyBooney

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    Watch your state laws carefully if you believe that. What they do is arrest people for lying about pending charges. If he actually has an ongoing domestic violence charge a lot of states require the guns to be removed from the person while the order is in effect. I have guided many people through the nightmare of getting busted because the government said they were "prohibited" when the people thought they were not. If I was this man I would not try to buy a gun right now, get the charges expunged right away and get my lawyer to fix the situation asap. Some prosecutors can be very overzealous.(Young prosecutors are especially notorious for being gun slingers)
     
  10. Darkangel1846

    Darkangel1846

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    A charge of domestic abuse is a very bad charge. In some states the judge can order all your weapons confiscated until the end of the trial. In some states it is a manditory law to have all firearms confiscated until the trial is over. Loss of CCW permits is manditory also. Check with a lawyer or sheriffs dept in your area.
     
  11. user

    user VaLegalDefense

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    No one thus far has given the correct answer and some of what's been said is pure hogwash (in Virginia).

    The real question, absent a conviction, is whether the applicant is a person subject to a protective order. The court may have entered an order imposing a protective order as a preliminary matter pending the outcome of the trial. If so, then the applicant is not eligible for the permit.

    I've sent an email suggesting that the applicant call me. However, if he did so, I would tell him to file a motion for a continuance of the CC hearing. Put that hearing off until after the dismissal of the charges. That would solve the problem.
     
  12. RUGER4141

    RUGER4141

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    Thanks for all the replies. No one has answered if this will show up on a background check for employment.
     
  13. Gunnut 45/454

    Gunnut 45/454

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    RUGER4141
    Yes it will show up on a background check!:wavey: