Virginia CHP Denial Appeals Process
Your CHP application was denied. So what now?
If your CHP application has been denied, you must call the office immediately! There is a 21-day deadline to file the necessary paperwork to protect your rights. The clock starts running from the day the judge signed the order. That usually means at least two or three days were lost in the mail. Seriously, call the office now!
Hiring an attorney to appeal denial of your concealed handgun permit application.
Because so many people ask me about this, I have addressed elsewhere why you need an attorney to appeal denial of a CHP application in Virginia. It helps to understand what the appeal process entails and exactly how an attorney can make a difference.
The initial consultation and beyond.
During the initial consultation, we will discuss all of the details of your situation. I want to make sure I have a good understanding of your personal history and any criminal history. We will also talk about the paperwork you received from the court and how you completed the initial application.
Once you hire me, I will file the necessary paperwork to request a hearing. I rarely use the courts’ standardized forms because your case is unique. I want to file a motion that will benefit your case. That is impossible to accomplish with a standardized form. You and I will review any additional information that I need to ensure that I draft a motion that is specifically tailored to your situation.
After the motion is filed, I take over from there. All future communication goes through my office. No one from the court or the Commonwealth’s Attorney will contact you directly. I will coordinate with everyone involved to schedule your hearing for a date that will work for you. If someone has a question about your case, it comes through me.
You and I will be on the same page from the beginning. As you have questions or concerns, you will be able to call or email, and I will absolutely respond.
A week or so before the hearing, you and I will schedule an extended appointment (either in the office or by phone) for your hearing prep. During that appointment, we will discuss what you should expect when we go to court. We will review all of the possible scenarios that might unfold. And we will review any final questions that you might have.
What happens at the hearing?
The hearing can take many different forms. At its core, the hearing can often look like a “mini-trial.”
The rules of evidence will apply, and the various gun laws can be very technical. This underscores the importance of having a qualified gun rights attorney to handle your case. Your attorney needs to have a solid understanding of the specific laws governing your case. Your attorney needs to have the courtroom experience to present testimony and evidence, make any necessary objections, navigate the procedural issues, and offer appropriate legal arguments to the judge.
In most jurisdictions, the Commonwealth’s Attorney (i.e., the prosecutor) participates in the hearing. Their participation can be a major factor in how the hearing proceeds.
The bottom line is this: You need an experienced gun rights attorney. That’s why you call me.