Judge takes Lynchburg man's concealed carry permit away for one year - Page 4

Judge takes Lynchburg man's concealed carry permit away for one year

This is a discussion on Judge takes Lynchburg man's concealed carry permit away for one year within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; What this means is he loses his CHP and is not eligible to APPLY to get it back until after a year. You're right, there ...

Page 4 of 5 FirstFirst 12345 LastLast
Results 46 to 60 of 72

Thread: Judge takes Lynchburg man's concealed carry permit away for one year

  1. #46
    VIP Member Array BugDude's Avatar
    Join Date
    Nov 2009
    Location
    Gulf Coast of Florida
    Posts
    9,408
    What this means is he loses his CHP and is not eligible to APPLY to get it back until after a year. You're right, there is no guarantee that his application will be approved after one year.
    Know Guns, Know Safety, Know Peace.
    No Guns, No Safety, No Peace.


    Guns are like sex and air...its no big deal until YOU can't get any.


  2. #47
    Senior Member
    Array rson63's Avatar
    Join Date
    Jun 2010
    Location
    Summit Point
    Posts
    744
    After shooting himself in the leg, being fined 500 bucks, loosing his permit for a year and his gun a lot longer, I wonder if this guy knows how lucky He actually was ?
    No free man shall ever be debarred the use of arms. -- Thomas Jefferson

  3. #48
    VIP Member Array varob's Avatar
    Join Date
    Jun 2009
    Location
    Virginia
    Posts
    4,456
    Confiscating and destroying firearms that where involved in a crime that resulted in a conviction is nothing new in Va.

    Especially this time of year. Where some who choose to hunt illegally get there firearms confiscated and held till trial. If not convicted, you get your gun back. If convicted... well you can guess what happens.
    Don't believe what you hear and only half of what you see!
    -Tony Soprano

  4. #49
    VIP Member
    Array DaveH's Avatar
    Join Date
    Feb 2008
    Location
    SW Virginia
    Posts
    5,036
    Quote Originally Posted by mcp1810 View Post
    Ok so if the guy was drinking with a glock in his pocket when he shot himself he is in clear violation of that section. That would make the pistol an instrument of the crime. I don't know about where you all are from but it has not been my experience that kids caught playing mailbox baseball get their bats back after they are convicted.
    If the guy was drinking in a restaurant or club as defined in 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia with a glock in his pocket when he shot himself he would be in clear violation of that section. However, the Judge said that although he may have been there was no evidence that he had been.

    Again, this is far different than the earlier stated as "you cannot legally consume alcohol while carrying a legally concealed weapon." There is no prohibition against consume alcohol while carrying a legally concealed weapon at/in a private event/residence (e.g., not in public), or in public at any number of venues that have been licensed to sell or serve alcoholic beverages for on-premises consumption by the Virginia Alcoholic Beverage Control Board such as banquet, banquet-special event, mixed beverage special event, tasting license, mixed beverage club event, manufacturer's multi-day banquet special event, on a boat, on an airplane, etc. It is only prohibited in a restaurant or club.

    The marina where I dock my boat sells food (heated but not prepared on premise) and beer for on premise consumption. It is legal to carry concealed and drink there because it is not licensed as a club or restaurant.


    Quote Originally Posted by mcp1810 View Post
    Would unintentionally popping off a round in a restaurant be considered negligent and possibly endangering others?

    He may never get his permit back.
    Very true. However, not because of "you cannot legally consume alcohol while carrying a legally concealed weapon."
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  5. #50
    Ex Member Array JOHNSMITH's Avatar
    Join Date
    Oct 2008
    Location
    somewhere
    Posts
    1,726
    Agreed. I think he probably got off easy.

    The "gun destruction" part is kind of meh, though, but... at least he has a year to save up for another one - and a good holster!

  6. #51
    VIP Member
    Array DaveH's Avatar
    Join Date
    Feb 2008
    Location
    SW Virginia
    Posts
    5,036
    Quote Originally Posted by paul34 View Post
    at least he has a year to save up for another one - and a good holster!
    He might be OCing right now -- hopefully in a good holster. All he lost was one gun and his CHP.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  7. #52
    VIP Member Array BugDude's Avatar
    Join Date
    Nov 2009
    Location
    Gulf Coast of Florida
    Posts
    9,408
    DaveH is correct. A private event, banquet, etc. at a place that is not licensed as a restaurant or club to sell and serve. The license has to be "to sell and serve for on-site consumption." Tastings at a fall festival are not covered either because they are not on their premise nor are they selling. Also, an establishment whose ABC license is not as a club or restaurant is not included. There are many nuances to the law. Private clubs may depend on how they are specifically licensed.

    If you attend a fall festival that is held in a public park and as part of that they are selling beer at a "booth" or table, you are not in violation of this law. Be careful not to be in violation of public drunkeness.

    Personally, I make it real simple for myself. I don't drink while I carry. Too many other things to remember and keep up with.
    Know Guns, Know Safety, Know Peace.
    No Guns, No Safety, No Peace.


    Guns are like sex and air...its no big deal until YOU can't get any.

  8. #53
    VIP Member Array varob's Avatar
    Join Date
    Jun 2009
    Location
    Virginia
    Posts
    4,456
    Deputy Commonwealth’s Attorney Jeff Bennett told the judge Latham came into Waterstone Pizza on Jefferson Street about 6:30 p.m. and ordered a beer. As the bartender was handing over the beer, the gun went off. Latham left the bar and fled toward Percival’s Island, Bennett said, where police found him talking on his cell phone.
    Apparently he was only charged with reckless discharge of a firearm.
    Last edited by varob; November 6th, 2010 at 05:48 PM.
    Don't believe what you hear and only half of what you see!
    -Tony Soprano

  9. #54
    Administrator
    Array QKShooter's Avatar
    Join Date
    Dec 2004
    Location
    Off Of The X
    Posts
    35,600
    He did get off quite easy. How many folks in that restaurant did he instantly turn into anti-gun, anti-carry, Brady Bunchers?

    Personally I think the Judge should have kept the gun for the guy for a year but, added 30 days of jail time and a mandatory firearm safety class for the offernder after his release and before his firearm got returned to him.

    Just my personal opinion on what I would have done were I the Judge.

  10. #55
    Senior Member Array deafdave3's Avatar
    Join Date
    Jun 2010
    Location
    Cajun Country, Louisiana
    Posts
    760
    When I first got my CHL, I carried in pocket with no holster. I didn't have the money for a holster. I did that for about a month. Now, I have to use testosterone medicine for the rest of my life.
    A CCW is like a parachute; if you need one, and don't have one, you'll probably never need one again.

  11. #56
    VIP Member Array mcp1810's Avatar
    Join Date
    Jan 2007
    Location
    Texas
    Posts
    5,008
    So while there are certain circumstances where it is legal to consume while carrying concealed is there any reason to believe that the establishment this guy was in is not covered under that J3 section?
    Looks to me like he was attempting to violate that section but shot himself before he could do it!
    Infowars- Proving David Hannum right on a daily basis

  12. #57
    VIP Member Array BugDude's Avatar
    Join Date
    Nov 2009
    Location
    Gulf Coast of Florida
    Posts
    9,408
    ^^^ I believe you're right. That establishment was a no no. I believe he had been drinking to some degree before that point, but not in that establishment...yet. Correct in that the incident occurred before he had a chance to commit that particular offense. He was not charged with public drunkeness, so the realtive degree of his sobriety must have been ok. Without an alcohol related offense, he was not also charged with carrying while under the influence of alcohol. The only charge that stuck was the negligent discharge of the firearm.
    Know Guns, Know Safety, Know Peace.
    No Guns, No Safety, No Peace.


    Guns are like sex and air...its no big deal until YOU can't get any.

  13. #58
    Ex Member Array JOHNSMITH's Avatar
    Join Date
    Oct 2008
    Location
    somewhere
    Posts
    1,726
    Quote Originally Posted by DaveH View Post
    He might be OCing right now -- hopefully in a good holster. All he lost was one gun and his CHP.
    Probably with a limp, too.

  14. #59
    VIP Member
    Array DaveH's Avatar
    Join Date
    Feb 2008
    Location
    SW Virginia
    Posts
    5,036
    Quote Originally Posted by mcp1810 View Post
    Looks to me like he was attempting to violate that section but shot himself before he could do it!
    I also believe you are right, from what I have read.

    I also understand that the place was posted no guns. Which would have been a Class 1 misdemeanor of simple trespass (confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both) -- not a gun violation.

    However, that charge either was not brought or was dismissed for some reason. Haven't seen anything as to why. My guess (and it is just a guess) is that the LEO or State's Attorney concluded that the "sign" was not adequate to exclude a defense of a reasonable person might have easily missed it. We have no requirement as to required signage.

    However, the law requires that one be "forbidden to do so ... either orally or in writing ... or by a sign or signs posted ... at a place or places where it or they may be reasonably seen....

    18.2-119. Trespass after having been forbidden to do so; penalties.
    If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or 19.2-152.10 or an ex parte order issued pursuant to 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of 18.2-132 through 18.2-136.
    (Code 1950, 18.1-173; 1960, c. 358; 1975, cc. 14, 15; 1982, c. 169; 1987, cc. 625, 705; 1991, c. 534; 1998, cc. 569, 684.)
    Virginia is big on reasonable person laws. Which I think is a good thing. YMMV
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  15. #60
    Senior Member Array Freedom Doc's Avatar
    Join Date
    Jun 2006
    Location
    Oklahoma
    Posts
    883
    Quote Originally Posted by ccw9mm View Post
    What Virginia statutes justify the taking and destruction of a person's property in such a way?

    By extension, does that mean if a person misspends his home life in some manner that ticks off a judge that the state has authority to take his house and raze it to the ground as partial punishment?

    1984 ...
    +1 total agreement here. The judge is likely one of those who thinks all guns should be melted down. I knew a guy who thought that way. Anti's do not care a whit how their policies affect others, they just think their way is the best way and that's it.

    Maybe the judge really isn't an anti, but it sure looks that way.
    Anti-gunners seem to believe that if we just pass enough laws, we can have utopia. Unfortunately, utopia is NOT one of our choices.

Page 4 of 5 FirstFirst 12345 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. It takes a long time to get rid of a bad judge...
    By Coder in forum Off Topic & Humor Discussion
    Replies: 5
    Last Post: December 9th, 2010, 06:15 PM
  2. Judge rules Wisconsin concealed carry ban unconstitutional
    By MoResident in forum Open Carry Issues & Discussions
    Replies: 27
    Last Post: November 19th, 2010, 12:21 AM
  3. 81 Year Old Tempe, AZ Man Beaten to Death in Lynchburg, VA
    By SpencerB in forum In the News: The Good, the Bad and the Ugly
    Replies: 22
    Last Post: September 9th, 2010, 08:00 PM
  4. Statistics show concealed carry saves many lives, takes few
    By Diddle in forum In the News: The Good, the Bad and the Ugly
    Replies: 9
    Last Post: November 16th, 2009, 09:36 PM
  5. 93 year old takes down 24 year old attacker
    By jay4au in forum Concealed Carry Issues & Discussions
    Replies: 1
    Last Post: July 28th, 2007, 06:27 PM

Search tags for this page

accidentally shot self causes loss of permit
,
can i lose pistol permit for accidental discharge
,
concealed weapons permit va dui
,
how to beat concealed weapon charge in virginia
,
how to get a concealed handgun permit in lynchburg va
,
lose conceal carry dui
,
lynchburg circuit court concealed carry
,
lynchburg city concealed carry
,
lynchburg virginia concealed carry
,

virginia concealed carry permit dui

,
virginia concealed carry permit one or two firearms
,
what places in lynchburg can't carry conceals
Click on a term to search for related topics.