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Class I Misdemeanors

Posted: Mon, 21 Dec 2009 23:05:45
by Eagle4second
Lets say, hypothetically, a Virginian is convicted of a class one misdemeanor (non-violent, not weapon related). Would this hypothetical conviction effect his gun rights? And what about obtaining a CHP? Obviously a felony prohibits one from possessing a firearm, but I don't know anything about misdemeanors... You know, just wonderin' :whistle:
TIA

Re: Class I Misdemeanors

Posted: Tue, 22 Dec 2009 07:39:14
by zephyp
Here's the code section dealing with who cant be issued a CHP based on misdemeanors. Language is ambiguous. Also, if this was a marijuana conviction within the last 3 years that will have an impact.

Pro Shooter is probably the best guy to ask. He'll pop up sooner or later.

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#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 or reckless driving shall not be considered for purposes of this disqualification.

Re: Class I Misdemeanors

Posted: Tue, 22 Dec 2009 12:06:33
by ProShooter
zephyp wrote:Here's the code section dealing with who cant be issued a CHP based on misdemeanors. Language is ambiguous. Also, if this was a marijuana conviction within the last 3 years that will have an impact.

Pro Shooter is probably the best guy to ask. He'll pop up sooner or later.

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#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 or reckless driving shall not be considered for purposes of this disqualification.
Add these:

8. An individual who is addicted to, or is an unlawful user or distributor of, marijuana 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 within the three-year period immediately preceding the application, or who is a habitual drunkard as determined pursuant to § 4.1-333.

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.

Re: Class I Misdemeanors

Posted: Tue, 22 Dec 2009 12:38:21
by zephyp
@Jim - the OP was asking about a Class I misdemeanor. He didnt say it was drug related. I added that and said if it were then that would impact his CHP.

Re: Class I Misdemeanors

Posted: Tue, 22 Dec 2009 13:11:06
by flash2pablo
I think Original Poster, should come up with a "hypothetical" story so we can give better advice on the matter. Intead of guessing.

Re: Class I Misdemeanors

Posted: Tue, 22 Dec 2009 14:54:38
by ProShooter
zephyp wrote: He didnt say it was drug related. I added that and said if it were then that would impact his CHP.
but he also didnt say that it wasn't drug related...and someone could have some Mary Jane charges from longer than 3 years ago and still get denied under #8

Re: Class I Misdemeanors

Posted: Tue, 22 Dec 2009 18:34:42
by zephyp
ProShooter wrote:
zephyp wrote: He didnt say it was drug related. I added that and said if it were then that would impact his CHP.
but he also didnt say that it wasn't drug related...and someone could have some Mary Jane charges from longer than 3 years ago and still get denied under #8
Right you are and until the OP clarifies or adds info his question leaves some ambiguity in the answer...

Re: Class I Misdemeanors

Posted: Thu, 31 Dec 2009 00:17:22
by Eagle4second
Hey guys, sorry for the delay, thanks for the replies.
A college classmate of mine got drunk with my roommate when I wasn't home. I come home, the authorities ended up getting called and, since I'm the only one in the house who is 21, I got a citation for providing alcohol to an underage person.
It would be my first offense. I shouldn't get convicted, but I was just curious.

Re: Class I Misdemeanors

Posted: Thu, 31 Dec 2009 08:13:19
by zephyp
Eagle4second wrote:Hey guys, sorry for the delay, thanks for the replies.
A college classmate of mine got drunk with my roommate when I wasn't home. I come home, the authorities ended up getting called and, since I'm the only one in the house who is 21, I got a citation for providing alcohol to an underage person.
It would be my first offense. I shouldn't get convicted, but I was just curious.
I'm not sure how this would affect your 2A rights but I highly recommend you get an attorney ASAP. These things can and will follow you around forever. Attorneys are cheap compared to the potential cost down the road.

Re: Class I Misdemeanors

Posted: Thu, 31 Dec 2009 09:36:11
by ProShooter
Eagle4second wrote:Hey guys, sorry for the delay, thanks for the replies.
A college classmate of mine got drunk with my roommate when I wasn't home. I come home, the authorities ended up getting called and, since I'm the only one in the house who is 21, I got a citation for providing alcohol to an underage person.
It would be my first offense. I shouldn't get convicted, but I was just curious.
ok, wait....

You legally possessed something in your own home. Someone who is under 21 but is over 18 and a legal adult, helped themselves to your legally possessed items without your knowledge and/or permission? You should be fighting that charge with every ounce of energy.

Re: Class I Misdemeanors

Posted: Thu, 31 Dec 2009 15:12:18
by zephyp
ProShooter wrote:
Eagle4second wrote:Hey guys, sorry for the delay, thanks for the replies.
A college classmate of mine got drunk with my roommate when I wasn't home. I come home, the authorities ended up getting called and, since I'm the only one in the house who is 21, I got a citation for providing alcohol to an underage person.
It would be my first offense. I shouldn't get convicted, but I was just curious.
ok, wait....

You legally possessed something in your own home. Someone who is under 21 but is over 18 and a legal adult, helped themselves to your legally possessed items without your knowledge and/or permission? You should be fighting that charge with every ounce of energy.
:thumbsup: (that is, get an attorney. you cant do it by yourself)

Re: Class I Misdemeanors

Posted: Thu, 31 Dec 2009 15:45:00
by Eagle4second
ProShooter wrote:
ok, wait....

You legally possessed something in your own home. Someone who is under 21 but is over 18 and a legal adult, helped themselves to your legally possessed items without your knowledge and/or permission? You should be fighting that charge with every ounce of energy.
Yep! Thats basically the story and the plan. I have all ready hired an attorney and I will definitely be fighting this.
I know what a felony would mean, I was just unsure if this type of misdemeanor would have any legal implications regarding my firearm rights.