Virginia Gun Owners Forum - VGOF

Well I had a couple questions about obtaining a CHP. I qualify for everything but when it says you cannot have a class 1 misdemeanor it gets iffy for me. about 3 1/2 years ago when I was 18 I got into a little trouble and I received 8 misdemeanors in one night, nothing involving drugs,alcohol,violence, or anything like that. Just Trespassing, Petit Larceny, and a couple tampering vehicle charges. I am able to purchase a handgun since I passed a background test when I bought one at a gunshow. But will these charges come back and haunt me when I drop off my application?

Another question is, can I conceal carry in a friends house with his permission? Like lets say im OC'ing while walking to a friends house who is throwing a party ( I dont Drink BTW), then I conceal in his home once I get there, of course with his approval. I dont want to get a whole bunch of people stirred up over OC, and I live in downtown Richmond, so carrying is a smart choice. Thanks for any input guys!

Here's one of the many disqualifiers that can keep you from getting a permit

"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. "

Sounds like you need to waiut for a year and a half.

As for concealed carry in a private residence...hmmm...not sure about that. Doesn't sound like a good idea to me without a CHP.

You can't CC in a private home (other than yours) w/o a permit.

Here's the exemptions: (section B)

18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.

B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.

Except as provided in subsection J1, this section shall not apply to:

1. Any person while in his own place of business;

2. Any law-enforcement officer, wherever such law-enforcement officer may travel in the Commonwealth;

3. Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;

4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;

5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;

6. Any person actually engaged in lawful hunting, as authorized by the Board of Game and Inland Fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit;

7. Any State Police officer retired from the Department of State Police, any officer retired from the Division of Capitol Police, any local law-enforcement officer, auxiliary police officer or animal control officer retired from a police department or sheriff's office within the Commonwealth, any special agent retired from the State Corporation Commission or the Alcoholic Beverage Control Board, any conservation police officer retired from the Department of Game and Inland Fisheries, and any Virginia Marine Police officer retired from the Law Enforcement Division of the Virginia Marine Resources Commission, other than an officer or agent terminated for cause, (i) with a service-related disability; (ii) following at least 15 years of service with any such law-enforcement agency, board or any combination thereof; (iii) who has reached 55 years of age; or (iv) who is on long-term leave from such law-enforcement agency or board due to a service-related injury, provided such officer carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the last such agency from which the officer retired or the agency that employs the officer or, in the case of special agents, issued by the State Corporation Commission or the Alcoholic Beverage Control Board. A copy of the proof of consultation and favorable review shall be forwarded by the chief or the Board to the Department of State Police for entry into the Virginia Criminal Information Network. The chief law-enforcement officer shall not without cause withhold such written proof if the retired law-enforcement officer otherwise meets the requirements of this section. An officer set forth in clause (iv) of this subdivision who receives written proof of consultation to carry a concealed handgun shall surrender such proof of consultation upon return to work or upon termination of employment with the law-enforcement agency. Notice of the surrender shall be forwarded to the Department of State Police for entry into the Virginia Criminal Information Network. However, if such officer retires on disability because of the service-related injury, and would be eligible under clause (i) of this subdivision for written proof of consultation to carry a concealed handgun, he may retain the previously issued written proof of consultation. A retired law-enforcement officer who receives proof of consultation and favorable review pursuant to this subdivision is authorized to carry a concealed handgun in the same manner as a law-enforcement officer authorized to carry a concealed handgun pursuant to subdivision 2 of this subsection.

7a. Any person who is eligible for retirement with at least 20 years of service with a law-enforcement agency or board mentioned in subdivision 7 who has resigned in good standing from such law-enforcement agency or board to accept a position covered by a retirement system that is authorized under Title 51.1, provided such person carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the agency from which he resigned or, in the case of special agents, issued by the State Corporation Commission or the Alcoholic Beverage Control Board. A copy of the proof of consultation and favorable review shall be forwarded by the chief, Board or Commission to the Department of State Police for entry into the Virginia Criminal Information Network. The chief law-enforcement officer shall not without cause withhold such written proof if the law-enforcement officer otherwise meets the requirements of this section.

ProShooter wrote:B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.

Unless it's your *own* home

allingeneral wrote:

ProShooter wrote:B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.

Unless it's your *own* home

yeah i thought that part was easily understood but I amended it anyway

Thanks guys for clarifying for me!
What if I get a Non-Resident Permit from another state? I know some states don't have as many disqualifying factors than VA, But would I still need to carry a permit from VA in order to receive a non-resident permit from any other state?

Virginia only has reciprocity with states that meet or exceed the Virginia requirement, as far as I know. I really think you're best off to wait.

allingeneral wrote:Virginia only has reciprocity with states that meet or exceed the Virginia requirement, as far as I know. I really think you're best off to wait.

+1

Or, just move into your friend's home and party. This way you get the best of both worlds. You're already at the party, and your in your home or (abode)
I agree with these fellows about waiting a year or so. There's no sense throwing away $50.00, and possibly getting another infraction of law charge.
You know about the misdemeanors, that's all. Good luck