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Thread: Confused about 18.2-308.I CHP renewal

  1. #1
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    Confused about 18.2-308.I CHP renewal

    I sometimes OC, but have a permit for those times when I want to cover up. I'm a little over 90 days out before my permit expires. In the past when renewing the permit it had to be issued within 45 days. I now see that 18.2-308.I has been changed to force you to apply 90 to 180 days out. The only good side I see is the new permit is supposed to take effect the day the old permit expires in stead of overlapping the old permit, but only if you renew within that window. It looks like it could now take longer to get a permit renewed than applying for a new one with the 45 day rule. It pretty well nullifies my past arguments with the Court Clerk about having to issue the permit within 45 days when they ran over in the past because now to get the full use of the new permit the court could take any where from 90 to 180 days to isseue the renewed permit. Does the court still have to abide by the 45 day on renewal and does this give them an easy out on allowing them to over lap the dates if you wait until you get less than 90 days?

    I am also only going to fill out one form this time. Hampton has required me to fill out 2 separate copies of the same form in the past. They have illegally photo copied my DL in the past too. Wish me luck.

    I. Persons who previously have held a concealed handgun permit shall be issued, upon application as provided in subsection D, and upon receipt by the circuit court of criminal history record information as provided in subsection D, a new five-year permit unless it is found that the applicant is subject to any of the disqualifications set forth in subsection E. Persons who previously have been issued a concealed handgun permit pursuant to subsection D shall not be required to appear in person to apply for a new five-year permit pursuant to this subsection, and the application for the new permit may be submitted via the United States mail. The circuit court that receives the application shall promptly notify an applicant if the application is incomplete or if the fee submitted for the permit pursuant to subsection K is incorrect. If the new five-year permit is issued while an existing permit remains valid, the new five-year permit shall become effective upon the expiration date of the existing permit, provided that the application is received by the court at least 90 days but no more than 180 days prior to the expiration of the existing permit. If the circuit court denies the permit, the specific reasons for the denial shall be stated in the order of the court denying the permit. Upon denial of the application, the clerk shall provide the person with notice, in writing, of his right to an ore tenus hearing. Upon request of the applicant made within 21 days, the court shall place the matter on the docket for an ore tenus hearing. The applicant may be represented by counsel, but counsel shall not be appointed, and the rules of evidence shall apply. The final order of the court shall include the court's findings of fact and conclusions of law.

  2. #2
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by mobeewan View Post
    I sometimes OC, but have a permit for those times when I want to cover up. I'm a little over 90 days out before my permit expires. In the past when renewing the permit it had to be issued within 45 days. I now see that 18.2-308.I has been changed to force you to apply 90 to 180 days out. ....
    You are not "forced" to apply during the 180-90 day window. The change was made so that there would not be an overlap of time periods. In effect it eliminated the penalty folks suffered when trying to make their life and the life of the Clerk easier. If you do not mind losing the days, you can apply 180+ days out, or -89 days out. The Clerk and the Commonwealth are always happy to take your money.

    stay safe.
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  3. #3
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    What is the real difference by the court taking too long as they did before and now someone having to go down 90 days early vs 45 days to renew with words added to ensure the court doesn't screw up the dates which it looks like they did with SHERIFF ayway.

    I shouldn't have to loose any days period and all this did was allow the courts to drag their heels like they did before. All the courts should be forced to do what some other courts already did. Issue the permit in less than 45 days without loosing any days due to overlapping dates.

    When I renew my Sam's or BJ's Club memberships there is no overlap and I don't loose any days. Yeah, real difficult for the court to do the same, huh?

  4. #4
    Regular Member TFred's Avatar
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    Quote Originally Posted by mobeewan View Post
    What is the real difference by the court taking too long as they did before and now someone having to go down 90 days early vs 45 days to renew with words added to ensure the court doesn't screw up the dates which it looks like they did with SHERIFF ayway.

    I shouldn't have to loose any days period and all this did was allow the courts to drag their heels like they did before. All the courts should be forced to do what some other courts already did. Issue the permit in less than 45 days without loosing any days due to overlapping dates.

    When I renew my Sam's or BJ's Club memberships there is no overlap and I don't loose any days. Yeah, real difficult for the court to do the same, huh?
    They had to change the law to provide for this, because without it, the law states that the permit is renewed for a period of 5 years. It could be open to interpretation on when that 5 year timer starts, when you submit the renewal application, or when the approval is signed, or when the permit is printed... that's why they changed the law, to make it clear, and to ensure that you have the option to not lose any days on your old permit or your new one.

    I wish the Feds would offer this option for US Passports! Some countries require you to have 6 months time left on your passport to enter, which essentially means that a 10 year passport is sometimes only good for 9 and a half years.

    Now why did they double the amount of processing time from 45 to 90 days? I can't say, other than to make it more convenient for the clerks. It's really no detrimental affect to the permit holder, (other than requiring their action 45 days earlier than before) because old permit and the new permit will run consecutively.

    If I were to speculate, they gave the extra time because it is slightly more complex to see and plan for a future dated permit than to just simply stamp today's date on it as you process it.

    TFred

  5. #5
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    I'll let you know by PM when I get the new permit. I will be very busy the next few days but will try to get by the clerks office today, otherwise I can't get down there until Tuesday. The permit expires Sept 17 so I need to file the application by June 19 to make the 90 day deadline.

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