CCW in limbo. I think. Need help understanding.

[1gr8opr8r]

Ladies and Gentelmen,
On December 1st 2009 I was involved in an altercation with a family member. Authorities arrived, arrested me. This is the first time in my life that I have been on the otherside of the Blue line. During the processing one of the officers asked me if I possesd a CCW, I replied in the affermitive. He asked where it was, that he had to confinscate it. I gave him the required information and he went about his duties. I satisfied all the requirements through the court system. I pled "No Contest". After a couple of weeks I was served show cause papers. The court date came and I appeared. They wanted to know why they should not revolke my CCW, due to the fact that there was an active PPO in place. I request that they not revolk it but rather hold it in their custody untill the PPO expired. The Judge agreed to do same. I returned to the court house several days after the PPO expired with the judges order in hand. I showed it to the clerk and he acted as though he did not know what I was talking about. He went into the rear and spoke with the judge. When he returned he stated that I have to Write a letter to the Judge requesting the return of the permit. I have done that.

I am wondering if I have a snowballs chance. Any thoughts?

[GS78]

Sure if the judge remembers the agreement, and is an honorable man.

[1gr8opr8r]

I am hoping the same thing. I just dont know all of the legal aspects of returning it. One of the things that I failed to mention was that during the first court apperance, I pled no contest. They mentioned the PPO in place, and stated that as long as I stayed out of trouble for two years it would be removed from public record, but would stay on my record accessable by law inforcement.

I am really hopeing that that has no impact on my CCW.

[OakRidgeStars]

You will have to petition the court, or hire an attorney to act on your behalf, according to COV 18.2-308.1:4

http://leg1.state.va.us/cgi-bin/legp504 ... .2-308.1C4

[allingeneral]

Pleading "No contest", although not an admission of guilt, is treated by the law as a conviction, if I understand correctly. (IANAL)

[OakRidgeStars]

Since the OP didn't say what charge he plead "no contest" to, he can read Section E of 18.2-308 to see if the charge will make him ineligible.

http://leg1.state.va.us/cgi-bin/legp504 ... d+18.2-308

[GS78]

either way does this effect his ability to open carry?

[Diomed]

either way does this effect his ability to open carry?

It does if he pled nolo to a crime considered to be domestic violence. No carry, no ownership.

If you pled out to a domestic, dude, you really screwed up. If you like guns at all you have to fight that.

[GS78]

...yeah, thats what I thought. thanks .

[zephyp]

At least the PO is gone...otherwise you cannot legally purchase a HG...

[ProShooter]

At least the PO is gone...otherwise you cannot legally purchase a HG...

If he has a domestic assault conviction, he can't own a firearm regardless

[1gr8opr8r]

This has helped but now I am really ferightend about the outcome. I had a public defender due to the fact that I was unable to afford one of my choosing. He was young which is not a big deal, but during our conversations about the case I could tell that he was very happy with the current administration, and was very eco-friendly. I knew that he and I would not have much in common, I never dreamed that this could happen.
I let him know that I work alot and that firearms were my only hobbie, eg. target shooting with my son. He dismissed my conversation and moved on to something else. Call me stupid but I truly cant afford a lawyer.
I made contact with the court today and have been given a date and time to appear before the judge. I am doing this solo. Does anyone have any pointers. Please folks, I need anyone who has seen a good outcome from something like this to post anything they know. Desperate.

[GS78]

This has helped but now I am really ferightend about the outcome. I had a public defender due to the fact that I was unable to afford one of my choosing. He was young which is not a big deal, but during our conversations about the case I could tell that he was very happy with the current administration, and was very eco-friendly. I knew that he and I would not have much in common, I never dreamed that this could happen.
I let him know that I work alot and that firearms were my only hobbie, eg. target shooting with my son. He dismissed my conversation and moved on to something else. Call me stupid but I truly cant afford a lawyer.
I made contact with the court today and have been given a date and time to appear before the judge. I am doing this solo. Does anyone have any pointers. Please folks, I need anyone who has seen a good outcome from something like this to post anything they know. Desperate.

I doubt that anyone here is going to give you legal advise. Plead YOUR case before the judge. You are a MAN.,you have a right to own a firearm. Its your right. BUT! only YOU know what you were guilty of in the "family altercation", if you are guilty of domestic violence you can kiss your gun owning days goodbye, for a while at least.

[allingeneral]

You really need to at least sit down and consult with a lawyer. You can probably get an hour of time for a couple hundred bucks. You should contact a criminal defense attorney. Here is the VCDL "Gun friendly attorneys" list.

http://www.hkshooter.net/lawyers/

Make some phone calls tomorrow - you can likely get a 15 to 30 minute phone discussion to get some of your questions answered. Write your specific questions/discussion points down and leave space to take notes regarding the responses you receive. Be short and to the point. Call more than one of them for several points of view. Burn the phones up tomorrow.

When is your court date?

I wish you the best of luck.

[zephyp]

At least the PO is gone...otherwise you cannot legally purchase a HG...

If he has a domestic assault conviction, he can't own a firearm regardless

With a conviction yes but a PO itself is not a conviction.

[1gr8opr8r]

Thank you to each and every one who have given me their thoughts and knowledge on the subject. The reason I have not posted the family member is primarily that I am ashamed of my actions. I have never been in trouble with the law and as a matter of fact have spent years in the Army as a 95B Military Police officer. The UCMJ can be quite different from the civi court system. I cant change anything about my actions that night. I cant forgive myself for that night. I have taken steps to ensure that it never happens again.
I am seeking this assistance because my life is my family, my job and my firearm hobbies. It is sounding as though I have destroyed another 1/3 of my life. I will be burning up some phones.
With much gratitude I thank you.

Harry

[ProShooter]

At least the PO is gone...otherwise you cannot legally purchase a HG...

If he has a domestic assault conviction, he can't own a firearm regardless

With a conviction yes but a PO itself is not a conviction.

Right, but we're talking about the DV issue now. The PO is moot as it is expired. If he had "an altercation (assuming a physical one) with a family member" and plead no contest, then he can't possess a firearm under the Lautenberg amendment.

[zephyp]

Right, but we're talking about the DV issue now. The PO is moot as it is expired. If he had "an altercation (assuming a physical one) with a family member" and plead no contest, then he can't possess a firearm under the Lautenberg amendment.

Yup. Just pointing out that a PO once expired only makes you look bad...

[Diomed]

You really need to at least sit down and consult with a lawyer. You can probably get an hour of time for a couple hundred bucks. You should contact a criminal defense attorney. Here is the VCDL "Gun friendly attorneys" list.

I really hope you did this, OP.

If you're a cop - either civilian or military - a DV conviction is a professional death sentence. So it's more than just a "hobby" matter then, and if you have to beg or borrow money for a competent lawyer you really should do it.

[albertshank]

Good Morning Fellow Virginia Gun Owner!

I got in on the "tail end" of your post and the various replies you have received, however, let me ask you just exactly what did you plead "nolo contendre" (no contest) to? This plea has the same effect as a conviction here in the Commonwealth. It means that you neither "agree" nor "disagree" with the findings, but that sufficient evidence existed against you that should you have gone forward, a conviction would have been likely.

If you value your rights and wish to have your firearms and CCW, I advise you to retain an good "gun law" attorney forthwith. A "domestic violence" conviction, or even the violation of an associated "protective order" through the commission of a "DV" crime within the law is an automatic "no go" for weapons ownership, purchase of firearms or possession of a CCW. This is both Fedeal law and Connonwealth law.

The fact that you were arrested is a matter of record, both here in Virginia and on the NCIC (National Crime Information Center) database. Many jurisdictions are careless regarding the posting of a disposition or post dispositions incorrectly. Even if you have to borrow the funds for a good "gun lawyer", if you want to continue your life with guns, please get cracking on this right away.

Respectfully yours,

Albert