Fairfax County gun owners should be aware that the Circuit Court clerk’s office may treat concealed carry permit applications as incomplete, and forward them to a judge for review, based on disclosure of pending criminal charges.Fairfax is one of the handful of localities in Virginia that has a history of making it as difficult as possible for residents to get a CHP. Henrico County in the Richmond area is another.
While some pending charges—such as any felony, or assault, battery, unlawful discharge or brandishing of a firearm, or stalking—can be the basis for denial of a permit, most misdemeanors are not.
Frazer notes that anyone whose application is denied in situations such as the above can either wait until their pending charge is resolved, or challenge the denial in an ore tenus (“word of mouth”) hearing in circuit court.
If you have a Second Amendment/Firearms related issue for which you need legal counsel, John Frazer has over 20 years of experience in firearms law and policy. He can assist clients in firearm-related litigation, as well as to provide compliance advice for firearms and ammunition manufacturers, importers, dealers, ranges, clubs, and instructors. Frazer's other general practice areas include explosives law, civil rights restoration, criminal defense, asset forfeiture and civil litigation. You can contact John Frazer Law PLLC at:
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