Displaying items by tag: George lyon

By George L. Lyon, Jr, Esq.

 

As you may have heard the Supreme Court last week dismissed as moot the New York State Rifle and Pistol case that many had hoped would clarify for the lower courts the standard court should use to review second amendment cases. While not unexpected, the 6-3 decision was still a disappointment. Justice Alito wrote a dissenting opening which Justices Thomas and Gorsuch joined arguing that the case was not moot and that the city ordinance at issue was unconstitutional. In the penultimate paragraph of his opinion, Justice Alito made the following comment:

“We are told that the mode of review [by the lower courts] in this case is representative of the way Heller has been treated in the lower courts. If that is true, there is cause for concern.”

By George L. Lyon, Jr, Esq.

 

There have been a number of important developments affecting DC Concealed Carry Licensees, and new and renewal applicants.


First, due to the Corona virus medical emergency, indoor ranges are closed and in person classes are difficult, if not impossible to conduct classes and shooting qualifications. This especially impacts persons with DC carry licenses up for renewal while the Corona virus emergency is pending.


I brought this fact up to MPD and DC City Council Chairman Phil Mendelson, who in turn spoke to Chief Newsome about extending the expiration date on expiring licenses. The DC council then passed legislation giving the Mayor authority to extend expiring licenses (carry as well as other licenses) through the current medical emergency. Chief Newsome then exercised that authority by extending licenses expiring during the medical emergency for the duration of the medical emergency and for an additional 45 days thereafter.

By George L. Lyon, Jr, Esq.

 

Although, the Second Amendment guarantees the right of the people to keep and bear arms, that right is not absolute. A person can lose his or her firearm rights in a number of ways. These include conviction of a felony, an involuntary commitment to a mental hospital, conviction for a domestic violence offense, or being subject to a domestic abuse restraining order. There are a number of other prohibited categories not pertinent to this discussion.

If you have been convicted of a felony by a Virginia state court or subject to an involuntary commitment to a mental health facility in Virginia, there are procedures whereby we can help you obtain your firearms rights back. We need to emphasize, however, that if you have been convicted of a felony in federal court, these procedures will not work for restoring your firearm rights. At this time only a presidential pardon can do that. Additionally, these procedures will not work for a domestic abuse conviction.


If your conviction resulted from a plea agreement, in which you pled guilty to a lesser offence in exchange for a lighter sentence, you might not have realized that you lost your Second Amendment rights as part of your plea deal. If your facing criminal charges, it’s important to be represented by competent legal counsel who is also sensitive to your wish to preserve your rights.

 

Restoring Rights from a Virginia State Felony Conviction


In Virginia, anyone convicted of a felony will lose his or her firearm rights. However, Virginia law allows restoration of firearm rights following a felony conviction. It is a two-step procedure. The first step, following service of the sentence and any period of probation, is to seek restoration of civil rights from the Governor. This can be accomplished via the Virginia Secretary of the Commonwealth’s web site. The applicant will be sent an executive order from the Governor restoring his or her civil rights, except for the right to possess and ship firearms. The applicant will then need to petition the Circuit Court in the county or city where he or she lives to restore his firearms rights. Arsenal Attorneys™ can assist you with this process.


We will ask to obtain records relating to your conviction and other documents supporting your rehabilitation to include in the petition, including your employment history, community involvement, and letters of recommendation from persons in the community. We then submit the petition to the court and to the local Commonwealth’s Attorneys office. Often the Commonwealth’s Attorney will agree to the proposed order to restore gun rights. If not, the Court will schedule a hearing to decide whether to grant the petition.

 

Restoring Rights from an Involuntary Mental Health Commitment


The procedure for restoration of rights from a mental health commitment is slightly different. A petition is filed with the District Court where the petitioner resides rather than the Circuit Court, and it is served on the Commonwealth’s Attorney. The Court will schedule a hearing on the petition.


The petition for restoration from a mental health commitment contains similar information as a petition for restoration from a felony conviction. But rather than providing information concerning a conviction, the petition includes information concerning the original commitment, including, if possible, notes from the treating facility. We also strongly suggest including a current evaluation from a mental health profession, such as a psychologist or psychiatrist. We have doctors who are knowledgeable of gun issues to whom we refer our clients. We also recommend including other documents such as employment history, driving record, and letters of recommendation.


If you have been previously convicted of a felony in a Virginia court or involuntarily committed in Virginia and would like to explore restoration of your firearm rights, we offer a complimentary consultation to explore whether you are a good candidate to apply for restoration of your firearms rights. Please contact Arsenal Attorneys to learn how we can help you restore your rights.

Arsenal Attorneys’ George Lyon is licensed to practice law in Virginia and the District of Columbia. He was one of the plaintiffs in the Palmer v. District of Columbia case that forced DC to begin issuing concealed carry licenses and in the Heller case that legalized handguns in Washington, DC. Mr. Lyon is licensed by the Metropolitan Police Department to teach the DC concealed carry course including the renewal course and conducts the course monthly. His next class is November 16 in Arlington, Virginia. To sign up for his course, contact Mr. Lyon at gll[at]arsenalattorneys.com or at 703-291-3312.

This blog is for educational purposes only and is not intended as legal advice or to create an attorney-client relationship.

Wednesday, 23 October 2019 12:54

DC Concealed Carry Pistol License Renewal Procedures

By George L. Lyon, Jr, Esq.

Arsenal Attorneys frequently advises clients in the concealed carry of firearms, including licenses to carry in the District of Columbia by residents and nonresidents alike. After helping win the battle for these rights, I now help clients renew their carry licenses. This blog provides a summary of the license renewal procedure. But first, some history.


Two years ago, on September 28, 2017, the Federal DC Circuit Court of Appeals declined to overturn the ruling of its three-judge panel in Wrenn v. District of Columbia finding DC’s ‘may issue’ concealed carry licensing scheme unconstitutional. Since that time, DC has been a ‘shall issue’ concealed carry jurisdiction.


As a result of the court’s ruling, DC concealed carry licenses have increased from 123 in September 2017 to 3,339 as of the end of August 2019. Despite DC’s lamentations that shall issue conceal carry would threaten public safety, the record shows that DC’s concealed carry license holders have been exceedingly law abiding. Since June of 2014, when the courts first forced DC to issue concealed carry licenses, only two concealed carry licenses have been revoked for criminal violations and these were not for violent crimes, but rather for violation of one of DC’s myriad, complex weapons offenses, e.g., possessing a firearm in DC the license holder had not registered.


Nor have DC concealed license holders set off gun fights in the street. There has been just one reported shooting by a DC concealed carry license holder. It occurred when the license holder fired in self-defense when attacked by two would be robbers. No charges were filed against the licensed carrier.


Given that DC requires its concealed carry licenses to be renewed every two years and that quite a few people applied for carry licenses soon after DC went shall issue in September of 2017, we thought we would review the procedure for renewing DC carry licenses. The good news is that unlike the rather complex and time-consuming process for receiving the initial carry license, the renewal process has been greatly streamlined.


Although the initial mandatory training for the DC carry license is 16 hours of classroom instruction and two hours of range training, the renewal training requirement is just four hours of classroom training plus a two-hour range session. The renewal training requirement is mandatory and not waivable. A DC-licensed firearm instructor will provide you a certificate documenting proof of your training which you must submit with your renewal application. The Metropolitan Police Department (MPD) has a portal on its website allowing you to pay the $75 fee and submit the renewal application and training certificate online. It can be accessed at this link. If your renewal is submitted online, your renewed license will be mailed to you in about a week.


Be advised that for reasons unknown the portal is sometimes unreliable. Alternatively, you may submit the application and training certificate at MPD’s firearm registration office at 300 Indiana Avenue to submit your application, training certificate, and $75 renewal fee. When submitting in person, your renewed license will be issued to you after about an hour’s wait.


Remember, a carry license holder may only carry a firearm that has been registered in DC. There is no requirement to re-register the guns that you carry. In a later blog, we will explain which firearms are legal to possess and register in Washington.

 

Arsenal Attorneys’ George Lyon is licensed to practice law in Virginia and the District of Columbia. He was one of the plaintiffs in the Palmer v. District of Columbia case that forced DC to begin issuing concealed carry licenses and in the Heller case that legalized handguns in Washington, DC. Mr. Lyon is licensed by the Metropolitan Police Department to teach the DC concealed carry course including the renewal course and conducts the course monthly. His next class is November 16 in Arlington, Virginia. To sign up for his course, contact Mr. Lyon at gll[at]arsenalattorneys.com or at 703-291-3312.

This blog is for educational purposes only and is not intended as legal advice or to create an attorney-client relationship.

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