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Thread: CHP Application question

  1. #1
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    CHP Application question

    Here's my situation: I live in Montgomery County (VA) for the school year (in an apartment, not on campus). During the summer I will most likely be going back to Fairfax County. My license has my Fairfax County Address. The CHP application asks for residential address. Can I put my Montgomery County address and apply in Montgomery County, or do I need to apply in Fairfax County? Montgomery County doesn't fingerprint, so that is my preference if I have a choice. Do I need to change the license on my address (I'm not really sure when the DMV considers you 'moved' if you're living at two addresses...)?

    One other question. Was the issue of providing a driver's license and having it copied when submitting an application ever settled? I recall some threads arguing whether or not it was an extralegal requirement, but I can't remember or find the outcome.

  2. #2
    Regular Member TFred's Avatar
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    Quote Originally Posted by tag View Post
    Here's my situation: I live in Montgomery County (VA) for the school year (in an apartment, not on campus). During the summer I will most likely be going back to Fairfax County. My license has my Fairfax County Address. The CHP application asks for residential address. Can I put my Montgomery County address and apply in Montgomery County, or do I need to apply in Fairfax County? Montgomery County doesn't fingerprint, so that is my preference if I have a choice. Do I need to change the license on my address (I'm not really sure when the DMV considers you 'moved' if you're living at two addresses...)?

    One other question. Was the issue of providing a driver's license and having it copied when submitting an application ever settled? I recall some threads arguing whether or not it was an extralegal requirement, but I can't remember or find the outcome.
    I don't know if your school address is considered your "legal address" or not. Need someone smarter than me to answer that one.

    As far as providing your driver's license, I am sure that that is not a legal requirement at this time, but I suspect that most jurisdictions still require it.

    Sooner or later "we" are going to have to decide weather or not we want to push that as an issue, especially after July 1st, when SB563 goes into effect.

    TFred

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    Campaign Veteran skidmark's Avatar
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    Are you old enough to vote? If so, have you registered to vote? That would be where you are a resident. BTW, federal law allows college students to vote either at their "home of record" or where they attend college. You could change your residence to Montgomery County and not only apply for the CHP there but qualify for lower insurance and personal property tax rates.

    If you change your residence to Montgomery County, all you need to do is fill out the back of the DMV registration card with your new address and maik it in to them. Your current DL will still be good and you could use it as your state-issued picture ID for firearm purchases, but would need two other forms of ID with matching Montgomery County address.

    stay safe.
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    Regular Member Riana's Avatar
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    Quote Originally Posted by tag View Post
    Montgomery County doesn't fingerprint, so that is my preference if I have a choice.
    To muddy the water further for you - Fairfax County doesn't fingerprint, either.

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    Quote Originally Posted by skidmark View Post
    Are you old enough to vote? If so, have you registered to vote? That would be where you are a resident. BTW, federal law allows college students to vote either at their "home of record" or where they attend college. You could change your residence to Montgomery County and not only apply for the CHP there but qualify for lower insurance and personal property tax rates. ....
    +1 - Your residence is the place where you reside. It's that simple. You pick. In order to generate documentation of present address for the clerk's purposes, all you really need is some mail addressed to you that you received at that address, a copy of a lease, or as Skid says, a voter registration card. You need a government-issued photo-identification card when you present your CHP upon demand by a law enforcement officer, but you do not need one in order to apply (except for nonresident permits, the rules are different).
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

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    Thanks for the fast responses. I'll be applying in Montgomery County soon, then.

    Riana- I was under the impression that Fairfax County fingerprinted, but I guess my information was outdated. Regardless, I think it's cheaper to apply in Montgomery County, that's still my preference.

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by tag View Post
    Thanks for the fast responses. I'll be applying in Montgomery County soon, then.

    Riana- I was under the impression that Fairfax County fingerprinted, but I guess my information was outdated. Regardless, I think it's cheaper to apply in Montgomery County, that's still my preference.
    $50 is $50, whether inside the Beltway or out in the tulies. Unless you were going to sucumb to the extralegal demand of Fx (have they quit yet?) to make additional copies and bring in a SASE.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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    Quote Originally Posted by skidmark View Post
    $50 is $50, whether inside the Beltway or out in the tulies. Unless you were going to sucumb to the extralegal demand of Fx (have they quit yet?) to make additional copies and bring in a SASE.

    stay safe.
    According to their website, the filing fee is only $15.

    http://www.montgomerycountyva.gov/co.../197/1744.aspx

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    Quote Originally Posted by skidmark View Post
    $50 is $50, whether inside the Beltway or out in the tulies. Unless you were going to sucumb to the extralegal demand of Fx (have they quit yet?) to make additional copies and bring in a SASE.

    stay safe.
    No, they have not. The Fairfax County Permit Information Process

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    You know with the address on your chp and your drivers license being different you would not be able to use them when you purchase a firearm. You would need something else that matches your drivers license. Just a heads up.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by Blk97F150 View Post
    Good grief, that is ridiculous. Two questions:

    Has anyone forced their hand by submitting only the items that are required by law and then pushing them through the process to get the CHP?

    and

    Has anyone told them that their bullying days are over in less than 2 months?

    TFred

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by tag View Post
    According to their website, the filing fee is only $15.

    http://www.montgomerycountyva.gov/co.../197/1744.aspx
    Good luck with that. Guarantee it is a typographical error.
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    Quote Originally Posted by Grapeshot View Post
    Good luck with that. Guarantee it is a typographical error.
    really? does montgomery county have a bad rep?
    for reference, greene county is $15.
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    Quote Originally Posted by mk4 View Post
    really? does montgomery county have a bad rep?
    for reference, greene county is $15.
    Not to my knowledge they don't.

    I frequently hear that some municipalities try to charge more than is allowed. One charging less is startling to say the least
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    i don't doubt for a minute, either, that many charge the statutory maximum.
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    Quote Originally Posted by TFred View Post
    Good grief, that is ridiculous. Two questions:

    Has anyone forced their hand by submitting only the items that are required by law and then pushing them through the process to get the CHP?

    and

    Has anyone told them that their bullying days are over in less than 2 months?

    TFred
    I'm not FFX Cty.... but I have been trying to persuade a buddy from work to submit ONLY the required paperwork. I don't know what he is going to do (or has already done...).

  17. #17
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by tag View Post
    According to their website, the filing fee is only $15.

    http://www.montgomerycountyva.gov/co.../197/1744.aspx
    If so, they may in violation of the law. The Clerk must charge $10. I'm pretty sure that the State Police are not going to give up their $5. Does anybody know if the FBI does not charge for providing criminal history record information - especially since the law makes provision for paying them for that information?

    § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.


    K. ... The clerk shall charge a fee of $10 for the processing of an application or issuing of a permit, including his costs associated with the consultation with law-enforcement agencies. The local law-enforcement agency conducting the background investigation may charge a fee not to exceed $35 to cover the cost of conducting an investigation pursuant to this section. The $35 fee shall include any amount assessed by the Federal Bureau of Investigation for providing criminal history record information, and the local law-enforcement agency shall forward the amount assessed by the Federal Bureau of Investigation to the State Police with the fingerprints taken from the applicant. The State Police may charge a fee not to exceed $5 to cover their costs associated with processing the application. The total amount assessed for processing an application for a permit shall not exceed $50, with such fees to be paid in one sum to the person who accepts the application. Payment may be made by any method accepted by that court for payment of other fees or penalties. No payment shall be required until the application is accepted by the court as a complete application.
    If in fact the FBI does not charge, there is a good argument that the $35 that goes to the local cops is excessive and CHP holders are due a refund.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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    Accomplished Advocate peter nap's Avatar
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    But, But...if they don't charge the $50.00, they will have to raise property taxes to cover the shortfall
    Last edited by peter nap; 05-07-2012 at 07:20 AM.

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    Quote Originally Posted by peter nap View Post
    But, But...if they don't charge the $50.00, they will have to raise property taxes to cover the shortfall
    And, the children will go hungry!!!

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    Quote Originally Posted by skidmark View Post
    Unless you were going to sucumb (sic) to the extralegal demand of Fx (have they quit yet?) to make additional copies ...

    stay safe.
    Fauquier Co. has the same requirements for extra copies, and every page of every copy must be notarized. My CHP expires in July, and I've missed the window for the renewal to be tacked on to my current permit, so come July 1, I'm going to submit my renewal with only one copy

    Roscoe
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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by roscoe13 View Post
    Fauquier Co. has the same requirements for extra copies, and every page of every copy must be notarized. My CHP expires in July, and I've missed the window for the renewal to be tacked on to my current permit, so come July 1, I'm going to submit my renewal with only one copy

    Roscoe
    Keep us up on how this works out roscoe.
    I see a fight coming with a few Clerks and Judges.

  22. #22
    Regular Member TFred's Avatar
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    Quote Originally Posted by skidmark View Post
    If so, they may in violation of the law. The Clerk must charge $10. I'm pretty sure that the State Police are not going to give up their $5. Does anybody know if the FBI does not charge for providing criminal history record information - especially since the law makes provision for paying them for that information?
    It was my impression that the FBI charge was if you submitted fingerprints. I don't think they are required to use the FBI at all, if there are no fingerprints to submit.

    Its somewhat amusing to codify what non-state agencies can charge you, I'm sure they don't care what Virginia law says.

    For reference, here is the full text from 18.2-308 on the fees:

    "The clerk shall charge a fee of $10 for the processing of an application or issuing of a permit, including his costs associated with the consultation with law-enforcement agencies. The local law-enforcement agency conducting the background investigation may charge a fee not to exceed $35 to cover the cost of conducting an investigation pursuant to this section. The $35 fee shall include any amount assessed by the Federal Bureau of Investigation for providing criminal history record information, and the local law-enforcement agency shall forward the amount assessed by the Federal Bureau of Investigation to the State Police with the fingerprints taken from the applicant. The State Police may charge a fee not to exceed $5 to cover their costs associated with processing the application. The total amount assessed for processing an application for a permit shall not exceed $50, with such fees to be paid in one sum to the person who accepts the application."

    TFred

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by roscoe13 View Post
    Fauquier Co. has the same requirements for extra copies, and every page of every copy must be notarized. My CHP expires in July, and I've missed the window for the renewal to be tacked on to my current permit, so come July 1, I'm going to submit my renewal with only one copy

    Roscoe
    May we presume the one copy is for your records after it is date stamped?
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by roscoe13 View Post
    Fauquier Co. has the same requirements for extra copies, and every page of every copy must be notarized. My CHP expires in July, and I've missed the window for the renewal to be tacked on to my current permit, so come July 1, I'm going to submit my renewal with only one copy

    Roscoe
    What? Where'd that come from? You only need two copies, one for you and one for the clerk, and the document doesn't actually have to be notarized at all. It has to be signed under penalty of perjury, pursuant to 8.01-4.3 (good luck convincing the clerk or the VSP of that).
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Quote Originally Posted by user View Post
    What? Where'd that come from? You only need two copies, one for you and one for the clerk, and the document doesn't actually have to be notarized at all. It has to be signed under penalty of perjury, pursuant to 8.01-4.3 (good luck convincing the clerk or the VSP of that).
    Fauquier County permit application process:

    http://www.fauquiercounty.gov/govern...nhandgunpermit

    You must file:

    1. The original application signed by you in front of a notary plus 2 copies of each page even if the page is blank and:

    3 copies of your Certificate of Firearms Competence (copy of current unexpired permit if you are renewing). Note: in lieu of a certificate of firearms competence, you may use any honorable Discharge DD214.

    3 copies of any attachments for processing required by application.

    Please appear with a valid operator’s license at the time of filing the application.

    Filing fee of $50.00 payable to Clerk, Circuit Court of Fauquier County. (This fee includes $35.00 for the cost of the investigation by the local sheriff, $5.00 to the State Police and $10.00 to the Clerk.). Our office will make the required copies for an additional $5.00 charge.

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