I have a question I am in Va and two years ago I applied for a ccw permit and I was denied by the Sheriff because he disliked me I have no convictions or anything. Anyway I was not able to go and make an appeal at the time so it's been like two years can I reapply for them
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That can't happen. Va is a 'Shall Issue' state. If you pass background, no DV or DUI, you get it, period.
it's been that way for many years. Maybe you're confusing something?
Try again.
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Check out Handgunlaw.us
An excellent source for the information you seek.
Another site to check out would be Virginia Citizens Defense League - Home
Virginia Citizens Defense League
An excellent source for the information you seek.
Another site to check out would be Virginia Citizens Defense League - Home
Virginia Citizens Defense League
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I would reapply and if you get turned down again, see an attorney. It is doubtful that a dislike would cause one to be denied. Laws are laws and not based on personal differences. A Sheriff has to follow the law or risk getting into a lot of trouble. I have dealt with more than a few I did not like but I had to follow the law in dealing with them.
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There are or were a number of members here at DC from Virginia who were active with VCDL. They can probably tell you better than anyone here.
I would think under the Freedom of Information Act, you are at least entitled to a written explanation for your denial. I would contact the Virginia AG's office if your sheriff refuses to explain the laws of your state to you.
https://www.vcdl.org/
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I assume "May Issue" and not "Shall Issue"
May issue is the "Good Old Boy" system the libs like so much if they must have one or the other. Kind of works like "Crony Capitalism".
May issue is the "Good Old Boy" system the libs like so much if they must have one or the other. Kind of works like "Crony Capitalism".
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I googled "virginia weapons carry license application"
Click here and start reading: Virginia State Police - Resident Concealed Handgun Permits
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You can re-apply as often as you like. When Virginia was a "may issue" state I was denied. The Judge and police chief did not like Private Investigators. I waited until Virginia became a "shall issue" state and got it with no problems. The Sheriff has absolutely no discretion in the matter at all. If you are denied this time ask for a reason which they must give then file an appeal. It may be something as simple as your name matches the name of a known criminal. Don't laugh, in the 1970s I was a police explorer and introduced a buddy to a few detectives I knew inside the police station. Once I said my buddy's name one started to draw his weapon (jokingly). There was another guy with the same first and last name as my buddy. It was a little uneasy for the first couple of seconds but it got straightened out quickly.
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Most is right on the money BadgerJ but the chief law enforcement officer of the jurisdiction is responsible for the background check. They can do it in a week or they can take the entire 45 days if they want. On the 45th day the permit must be issued or denied. If not then the OP can request a copy of his application which will be dated by the court clerk and is a temporary permit. The length of time for the temporary permit escapes me right now. The only thing the sheriff can do is pass on to the Judge whether or not there if any disqualifiers that would give the judge a reason to deny the permit.
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A state being a "shall Issue" state has absolutely nothing to do with what agency issues the permit. In VA according to PEF's link, "Virginia Resident Concealed Handgun Permits are issued by the circuit court of the county or city in which the applicant resides."
In Florida, permits are issued by the Department of Agriculture. In most other states, permits are issued by the sheriff's department or state police.
As far as the OP's question: Virginia State Police - Resident Concealed Handgun Permits
"If Your Application is Denied – Section 18.2-308.08 Any order denying issuance of the permit shall state the basis for the denial of the permit and the applicant's right to and the requirements for perfecting an appeal of such order.
Upon denial of the application, the clerk shall provide the person with notice, in writing, of his right to an ore tenus hearing. Upon request of the applicant made within 21 days, the court shall place the matter on the docket for an ore tenus hearing. The applicant may be represented by counsel, but counsel shall not be appointed, and the rules of evidence shall apply. The final order of the court shall include the court's findings of fact and conclusions of law."
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This sounds fishy.
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Agreed.
I had a guy accuse me of pulling a gun on him well it was thrown out of court I also got charged with a concealed weapon when I was 19 years old the funny part was I was in my driveway sitting on the tailgate with the pistol sitting beside me well someone called the cops about alot of shooting which I was doing and why I don't know but when the cop pulled in my yard he jumped out and walked up to me then he noticed the gun and that was it he charged me with concealed weapon because he claimed he couldn't see it. That was thrown out of court also.Its all baloney, and as I said the reason was because the Sheriff said he didn't feel I should have it so I don't know and I don't want to not be denied when I have not done anything and I don't have money for a lawyer
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