I Can't buy a gun at gun store but I can get a CCP in Virginia...Dont Understand

[jadensdad]

10 years ago I got an Assault and Battery charge and I found out that I CAN NOT go into a gun store and purchase a handgun but I applied for a Concealed Handgun Permit and I got it. For some reason the requirements/ disqualifiers are less restrictive for a CCP than the the requirements or disqualifiers for buying a gun. To get a CCP the misdemeanor conviction has to be at least 3 years old. I dont understand why the difference. The laws here are very odd. Can anyone explain or have experienced this before. Virginia, (Thank God) is a "Shall Issue" state

[DefensiveCarry.com]

[SIXTO]

One is regulated by state law, and the other is regulated by federal law.

[paullie]

the real question is can you legally be in possestion of a gun? you need to find that out asap

[crabbys44]

10 years ago I got an Assault and Battery charge and I found out that I CAN NOT go into a gun store and purchase a handgun but I applied for a Concealed Handgun Permit and I got it. For some reason the requirements/ disqualifiers are less restrictive for a CCP than the the requirements or disqualifiers for buying a gun. To get a CCP the misdemeanor conviction has to be at least 3 years old. I dont understand why the difference. The laws here are very odd. Can anyone explain or have experienced this before. Virginia, (Thank God) is a "Shall Issue" state

Maybe you should look into getting the conviction expunged from your records. I don't recall any misdemeanor Assault and Battery charges that can affect gun ownership except Domestic Violence charges.

Find a gun friendly lawyer to discuss your options and look into an expungement.

[jadensdad]

Yes...I can legally possess a firearm here in Virginia, Here in Virginia you cannot purchase a firearm for ANY assault and battery.

[jadensdad]

Thanks, Sixto

[celticredneck]

If you want to hire a lawyer, I would highly recommend Mark Matthews of the Matthews law group. His office is located on S Laburnum Ave. He is the lawyer who represented my wife in our fight to obtain her CHP in Amelia county.(see the $1000 concealed carry permit) If you are interested, PM me and I'll give you his phone number. As for the poster who suggested having your record expunged, Va. only allows the expungement of charges which were "Nolle Prossed" not convictions.

[OldVet]

Yes...I can legally possess a firearm here in Virginia, Here in Virginia you cannot purchase a firearm for ANY assault and battery.

Sounds like an oximoron. How do one possess without purchase? Gift from a friend?

[JBinMont]

FTF on your purchase of firearms, where a the 4473 is not required yet.

[Agave]

Why can't you receive a firearm? I seriously doubt that Virginia will issue you a carry permit but prohibit you from buying a firearm.

Unless your A&B was a felony or was against a family member or domestic partner, it doesn't disqualify you by federal law.

[jwhite75]

Why can't you receive a firearm? I seriously doubt that Virginia will issue you a carry permit but prohibit you from buying a firearm.

Unless your A&B was a felony or was against a family member or domestic partner, it doesn't disqualify you by federal law.

+1 to this.

[Keisukekun]

Sounds like an oximoron. How do one possess without purchase? Gift from a friend?

I guess its kinda like being under 21. If your under 21 you cant buy a pistol in a store but you can buy a pistol from a private party (friend/family member).

[paramedic70002]

Interested to know more info, certainly doesn't sound right unless as stated it is a DV or Felony, which should eliminate the CHP too.

[AKsrule]

You DON'T have to have a Felony or Domestic Violence conviction to be PROHIBITED from possessing a firearm under Federal Law.

ATF Online - Firearms - How To - Identify Prohibited Persons

The Gun Control Act (GCA) makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms. 18 USC 922(g). Transfers of firearms to any such prohibited persons are also unlawful. 18 USC 922(d).
These categories include any person:

• Under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year;
• convicted of a crime punishable by imprisonment for a term exceeding one year;
• who is a fugitive from justice;
• who is an unlawful user of or addicted to any controlled substance;
• who has been adjudicated as a mental defective or has been committed to any mental institution;
• who is an illegal alien;
• who has been discharged from the military under dishonorable conditions;
• who has renounced his or her United States citizenship;
• who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
• who has been convicted of a misdemeanor crime of domestic violence (enacted by the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, effective September 30, 1996). 18 USC 922(g) and (n).

[archer51]

A&B conviction shouldn't disqualify you, unless it was a domestic violence related A&B.