Legal Question in Civil Litigation in Virginia

I live in Virginia. My concealed handgun permit was suspended (not revoked) "until such time a hearing can be heard on this matter." What motion would I file for at a hearing? Do I motion to vacate the order? Do I motion to 'reinstate' the permit?

There are issues with the order suspending my permit: it states that I was involuntarily committed in a mental institution (I wasn't--there was committal hearing in a separate case where I was adjudicated to not be mentally ill and did not meet the criteria for involuntary admission; I never sought voluntary treatment either because they ruled I was fine). The motion to suspend the permit was ex parte, so I never had a chance to present evidence that I wasn't committed. There was no service of the notice/motion or the order. I only heard about it because of a friend in the clerk's office. Also, the order says I was committed pursuant to a statute that doesn't even have anything to do with being committed.

What motions, petitions, or writs would be filed to fix this?


Asked on 1/15/10, 11:31 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Without reviewing the court's actual order to suspend, it would be difficult to say for sure, but probably a motion to reinstate the permit, if the matter is still pending(in my opinion).

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Answered on 1/25/10, 12:55 pm


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