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Hand Gun Eligilbility in Virginia

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  • Hand Gun Eligilbility in Virginia

    In Virginia in 1997, I got arrested for and charged with Statues 18.2-346, 18.2-347 and 18.2.349. No prior convictions, No Jail Time, for these statues, it's been 15 years and that is the only thing on my record. I have some medical conditions which am on Gov't. Federal Disability for as of 2006. I want to know under the Virgina Gun laws if I am eligible to buy or purchase a hand gun in Virginia an am I eligible to own a hand gun for Home Personal Safety. Also would like to know if I would be able to get a concealed carry permit for safety when out in my car. I would appreciate and help with this matter.

  • #2
    re: Hand Gun Eligibility in Virginia

    I wish to inform you that the restriction on purchase of hand gun can be covered in Va. Code 18.2-308.2. It provides restriction on having fire arms and provides that those person who have been convicted of felony is guilty of a Class 6 Felony (up to 5 years in prison and up to $2,500 fine) are prohibted. As you were not convicted of felony thus you can have handgun.

    AFF

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    • #3
      re: Hand Gun Eligibility in Virginia

      In Virginia for issuing a concealed carry permit for weapons, some facts will be checked vide good character of the applicant, need to carry such a weapon, whether mentally and physically fit to carry such a weapon. If the authority is satisfied regarding your past history then a permit will be issued.

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      • #4
        Thanks for the comments and help.

        Comment


        • #5
          Hand Gun Eligilbility in Virginia

          In Virginia in 1997, I got arrested for and charged with Statues 18.2-346, 18.2-347 and 18.2.349. No prior convictions, No Jail Time, for these statues, it's been 15 years and that is the only thing on my record. I have some medical conditions which am on Gov't. Federal Disability for as of 2006. I want to know under the Virgina Gun laws if I am eligible to buy or purchase a hand gun in Virginia an am I eligible to own a hand gun for Home Personal Safety. Also would like to know if I would be able to get a concealed carry permit for safety when out in my car. I would appreciate and help with this matter.
          I recently took the Concealed Weapon Class / Gun Safety Class,and the NRA Basic Pistol Class. Will this be sufficient evidence to convince the Courts my capability to be issued a CHP in Virginia.

          Thanks
          Rodney

          Comment


          • #6
            Re: Hand Gun Eligilbility in Virginia

            I wish to inform you that you can have a hand gun. In this regard generally your offences are regarded as Class 1 misdemeanor and therefore your gun rights are not lost. By punishment of a felony a person losses gun right and there is no felony thus your rights are not lost.

            AFF

            Comment


            • #7
              Re: Hand Gun Eligilbility in Virginia

              Thank You, I appreciate the quick response.

              Comment


              • #8
                Re: Hand Gun Eligilbility in Virginia

                The handgun eligibility in virginia are:-
                A person who answers "yes" to any of the below questions may be prohibited from purchasing or possessing a handgun pursuant to state and/or federal law.
                1-Are you under indictment for a felony offense?
                2-Are you the subject of an active misdemeanor or felony arrest warrant from any state?
                3-Have you ever been convicted, as an adult, in any court of a felony offense?
                4-If you are 28 years old or younger, have you ever been adjudicated delinquent as a juvenile 14 years of age or older at the time of offense of a delinquent act, which would be a felony if committed by an adult?
                5-Were you adjudicated as a juvenile 14 years of age or older at the time of the offense of murder in violation of § 18.2-31 or 18.2-32, kidnapping in violation of § 18.2-47, robbery by the threat or presentation of firearms in violation of § 18.2-58, or rape in violation of § 18.2-61? (If adjudicated as a delinquent for these offenses, you must answer yes. You are ineligible regardless of your current age and prohibited for life unless allowed by restoration of rights by the Governor of Virginia and order of the circuit court in the jurisdiction in which you reside.)
                6-Have you ever been convicted in any court of a misdemeanor crime punishable by more than 2 years even if the maximum punishment was not received?
                7-Is there an outstanding protective or restraining order against you from any court that involves your spouse, a former spouse, an individual with whom you share a child in common, or someone you cohabited with as an intimate partner?
                8-Is there an outstanding protective or restraining order against you from any court that involves stalking, sexual battery, alleged abuse or acts of violence against a family or household member?
                9-Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any controlled substance? The Federal Gun Control Act defines an addicted person, or unlawful user, as a person who has a conviction for use or possession of a controlled substance within the past year or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year.
                10-Have you ever been acquitted by reason of insanity?
                11-Have you ever been adjudicated legally incompetent or mentally incapacitated, or adjudicated an incapacitated person?
                12-Have you ever been involuntarily admitted to a facility or involuntarily ordered to outpatient mental health treatment?
                13-Have you ever been the subject of a temporary detention order and subsequently agreed to voluntarily admission for mental health treatment?
                14-Have you been discharged from the Armed Forces under dishonorable discharge?
                15-Are you an alien illegally in the United States?
                16-Are you a nonimmigrant alien? A nonimmigrant alien is prohibited from receiving a firearm unless he or she falls within an exception to the nonimmigrant alien prohibition (e.g., hunting license/permit; waiver).
                17-Are you a person who, having been a citizen of the United States, has renounced your citizenship?
                18-Have you ever been convicted for the misdemeanor crime of domestic violence? This includes all misdemeanors that involve the use, threat of, or attempted use of physical force (e.g., simple assault, assault and battery) if the offense is committed by one of the following parties: a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim.
                19-Are you a person who, within a 36 month period, within the last 5 years, has been convicted under Virginia law of 2 misdemeanor offenses for Possession of Controlled Substance, Possession of Marijuana, and/or any offense involving synthetic marijuana? (Handgun Purchases Only)
                California Foreclosure Attorney -- John Dzialo

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                • #9
                  Re: Hand Gun Eligilbility in Virginia

                  Thanks for the info.

                  Comment


                  • #10
                    Re: Hand Gun Eligilbility in Virginia

                    Originally posted by justin1 View Post
                    The handgun eligibility in virginia are:-
                    A person who answers "yes" to any of the below questions may be prohibited from purchasing or possessing a handgun pursuant to state and/or federal law.
                    1-Are you under indictment for a felony offense?
                    2-Are you the subject of an active misdemeanor or felony arrest warrant from any state?
                    3-Have you ever been convicted, as an adult, in any court of a felony offense?
                    4-If you are 28 years old or younger, have you ever been adjudicated delinquent as a juvenile 14 years of age or older at the time of offense of a delinquent act, which would be a felony if committed by an adult?
                    5-Were you adjudicated as a juvenile 14 years of age or older at the time of the offense of murder in violation of § 18.2-31 or 18.2-32, kidnapping in violation of § 18.2-47, robbery by the threat or presentation of firearms in violation of § 18.2-58, or rape in violation of § 18.2-61? (If adjudicated as a delinquent for these offenses, you must answer yes. You are ineligible regardless of your current age and prohibited for life unless allowed by restoration of rights by the Governor of Virginia and order of the circuit court in the jurisdiction in which you reside.)
                    6-Have you ever been convicted in any court of a misdemeanor crime punishable by more than 2 years even if the maximum punishment was not received?
                    7-Is there an outstanding protective or restraining order against you from any court that involves your spouse, a former spouse, an individual with whom you share a child in common, or someone you cohabited with as an intimate partner?
                    8-Is there an outstanding protective or restraining order against you from any court that involves stalking, sexual battery, alleged abuse or acts of violence against a family or household member?
                    9-Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any controlled substance? The Federal Gun Control Act defines an addicted person, or unlawful user, as a person who has a conviction for use or possession of a controlled substance within the past year or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year.
                    10-Have you ever been acquitted by reason of insanity?
                    11-Have you ever been adjudicated legally incompetent or mentally incapacitated, or adjudicated an incapacitated person?
                    12-Have you ever been involuntarily admitted to a facility or involuntarily ordered to outpatient mental health treatment?
                    13-Have you ever been the subject of a temporary detention order and subsequently agreed to voluntarily admission for mental health treatment?
                    14-Have you been discharged from the Armed Forces under dishonorable discharge?
                    15-Are you an alien illegally in the United States?
                    16-Are you a nonimmigrant alien? A nonimmigrant alien is prohibited from receiving a firearm unless he or she falls within an exception to the nonimmigrant alien prohibition (e.g., hunting license/permit; waiver).
                    17-Are you a person who, having been a citizen of the United States, has renounced your citizenship?
                    18-Have you ever been convicted for the misdemeanor crime of domestic violence? This includes all misdemeanors that involve the use, threat of, or attempted use of physical force (e.g., simple assault, assault and battery) if the offense is committed by one of the following parties: a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim.
                    19-Are you a person who, within a 36 month period, within the last 5 years, has been convicted under Virginia law of 2 misdemeanor offenses for Possession of Controlled Substance, Possession of Marijuana, and/or any offense involving synthetic marijuana? (Handgun Purchases Only)
                    Can someone explain what this means!
                    HAVE YOU BEEN COMMITTED TO THE CUSTODY OF THE COMMISSIONER OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE?

                    Not sure but, I think the word "Committed" means against your own will.?

                    Comment


                    • #11
                      Hand Gun Eligibility on Virginia

                      Can someone explain what this means!
                      HAVE YOU BEEN COMMITTED TO THE CUSTODY OF THE COMMISSIONER OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE?

                      Not sure but, I think the word "Committed" means against your own will.?

                      Comment


                      • #12
                        Re: Hand Gun Eligibility on Virginia

                        Originally posted by Rodney View Post
                        Can someone explain what this means!
                        HAVE YOU BEEN COMMITTED TO THE CUSTODY OF THE COMMISSIONER OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICE?

                        Not sure but, I think the word "Committed" means against your own will.?
                        Basically, that means if you have been hospitalized in a state-run facility for those who suffer from mental health, mental retardation or substance abuse issues, then the answer to that question would be YES, and you may be prohibited from purchasing or registering a handgun in your name.
                        "If it ain't in writing, it never happened."
                        "A lack of planning on your part does not constitute an emergency on my part."
                        "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

                        Comment


                        • #13
                          Thanks for the info. But I believe there are two types of "commitment" voluntary and involuntary. Also I think there is a difference in private run hospital vs state run hospitals. So the answer to that question would be "NO". I think the term "committed" means against your own will, or ordered by the courts.

                          Comment


                          • #14
                            Concealed Weapon Permit Question?

                            In Virginia in 1997, I got arrested for and charged with Statues 18.2-346, 18.2-347 and 18.2.349. No prior convictions, No Jail Time, for these statues, it's been 15 years and that is the only thing on my record. I have some medical conditions which am on Gov't. Federal Disability for as of 2006. I want to know under the Virgina Gun laws if I am eligible to buy or purchase a hand gun in Virginia an am I eligible to own a hand gun for Home Personal Safety. Also would like to know if I would be able to get a concealed carry permit for safety when out in my car. I would appreciate and help with this matter.

                            I would like to know if those past offenses will keep me from obtaining a Concealed Handgun Permit in Virginia.

                            Thanks
                            Rodney

                            Comment


                            • #15
                              Re: Hand Gun Eligilbility in Virginia

                              I had a charge back in march of 2015 of illegal possesion of handgun. This was in Montgomery County MD. I was found guilty and served a 6 month sentence. I live in Dumfries VA. Can i legally purchase a gun here?

                              Comment

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