Campbell Co Website in error concerning fingerprinting

half_life1052 · Jul 6, 2012

Campbell County still had the fingerprinting requirement up on their website whereas it concerns CHP applications. I have made contact with them and they say that they will correct it in the coming days. They also have another weird requirement. You pick up the application and fill it out. You then take it back to the clerk of courts to get it certified and pay your fees. You then must carry it over to the Sheriffs' department for processing. Failure to deliver it to the Sheriff within 30 days of it being certified by the clerk means it is void and you must start over. Is this even legal?

Citizen · Jul 6, 2012

half_life1052 said:
Campbell County still had the fingerprinting requirement up on their website whereas it concerns CHP applications. I have made contact with them and they say that they will correct it in the coming days. They also have another weird requirement. You pick up the application and fill it out. You then take it back to the clerk of courts to get it certified and pay your fees. You then must carry it over to the Sheriffs' department for processing. Failure to deliver it to the Sheriff within 30 days of it being certified by the clerk means it is void and you must start over. Is this even legal?

Uh, no.

The statute is your friend:

D. Any person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he resides, or if he is a member of the United States Armed Forces, the county or city in which he is domiciled, for a five-year permit to carry a concealed handgun. There shall be no requirement regarding the length of time an applicant has been a resident or domiciliary of the county or city. The application shall be made under oath before a notary or other person qualified to take oaths and shall be made only on a form prescribed by the Department of State Police, in consultation with the Supreme Court, requiring only that information necessary to determine eligibility for the permit. No information or documentation other than that which is allowed on the application in accordance with this subsection may be requested or required by the clerk or the court. The clerk shall enter on the application the date on which the application and all other information required to be submitted by the applicant is received. The court shall consult with either the sheriff or police department of the county or city and receive a report from the Central Criminal Records Exchange...

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

You need to take it up with the clerk in writing. There is nothing in the statute that voids your application if you don't convey it to the sheriff. Basically the clerk or judge is making it up as he goes along.

half_life1052 · Jul 7, 2012

I can get this ball rolling but I think that I probably lack standing to bring it home. I am a Lynchburg resident therefore not under Campbell County rules. Here is the link in question http://www.co.campbell.va.us/depts/sheriff/Pages/cwp.aspx Thanks for your prompt response.

half_life1052 · Jul 7, 2012

I suspect that the question about what this has to do with open carry or what this has to do with me personally will come up. Let me answer those questions preemptively. I look at it as a tactical situation. Our rights are being eroded constantly in small ways. The Israelis occupy ground that is not theirs to ultimately protect what is theirs. Just because the instant case involves interests more suited to a CHP'er in a bordering county does not mean I should look the other way. What might come next if I were to leave this one alone? Ignore state preemption and start enforcing their own rules? Antagonistic behavior towards open carry? Maybe. I say make them toe the line on all the rules not just the ones that most benefit me.

TFred · Jul 7, 2012

half_life1052 said:
Campbell County still had the fingerprinting requirement up on their website whereas it concerns CHP applications. I have made contact with them and they say that they will correct it in the coming days. They also have another weird requirement. You pick up the application and fill it out. You then take it back to the clerk of courts to get it certified and pay your fees. You then must carry it over to the Sheriffs' department for processing. Failure to deliver it to the Sheriff within 30 days of it being certified by the clerk means it is void and you must start over. Is this even legal?

The two part process you describe is almost exactly the same thing that is currently before the Supreme Court of Virginia, where one of our other forum members has filed a Petition for Writ of Mandamus against the Roanoke County Clerk of the Court for requiring a similar procedure to be followed.

See this post in the thread for the details. We are all waiting to see what the Supreme Court of Virginia does to force them to do their job properly.

To our legal experts, with this discovery that another clerk is doing the same thing, should any further steps be taken with the Roanoke case?

TFred

jmelvin · Jul 7, 2012

Unlike Roanoke County, Campbell County has been swift and courteous to fix the issues I've identified to them where they were in violation of state law. I can take care of this issue half_life or you can if you'd like the experience. If the clerk is as professional behaving as the others I've dealt with simply mentioning the issue along with some background should get things squared away in quick order.

half_life1052 · Jul 7, 2012

jmelvin said:
Unlike Roanoke County, Campbell County has been swift and courteous to fix the issues I've identified to them where they were in violation of state law. I can take care of this issue half_life or you can if you'd like the experience. If the clerk is as professional behaving as the others I've dealt with simply mentioning the issue along with some background should get things squared away in quick order.

So far I have been in contact with the Sheriffs' department since they seem to be responsible for maintaining the website. As you said, they seem to be professional. I think that I can handle it. I am just acknowledging that if push comes to shove I don't have legal standing to push this beyond polite conversation. Tactically speaking, do you think it would be enough to point out the current case before the Supreme Court?

jmelvin · Jul 7, 2012

IF you have issue we can deal with it at that time. Campbell County is an entity of the Commonwealth of Virginia and you are a resident of Virginia, so standing shouldn't be an issue. The Supreme Court of Virginia is the court that would handle the issue, so I think a separate complaint from Roanoke would be in order. I doubt it will come to that though.

TFred · Jul 7, 2012

half_life1052 said:
So far I have been in contact with the Sheriffs' department since they seem to be responsible for maintaining the website. As you said, they seem to be professional. I think that I can handle it. I am just acknowledging that if push comes to shove I don't have legal standing to push this beyond polite conversation. Tactically speaking, do you think it would be enough to point out the current case before the Supreme Court?

That's an interesting idea. Perhaps if they resist changing their procedures, providing them with a courtesy copy of the document could open a few eyes.

Still wondering what our legal folks would think about that of course.

TFred

love4guns · Jul 8, 2012

TFred said:
That's an interesting idea. Perhaps if they resist changing their procedures, providing them with a courtesy copy of the document could open a few eyes.

Still wondering what our legal folks would think about that of course.

TFred

I'm applying for my chp in Campbell County this Friday.....I"ll keep you posted

peter nap · Jul 8, 2012

half_life1052 said:
I suspect that the question about what this has to do with open carry or what this has to do with me personally will come up. .

Hasn't come up yet

...Give em hell Half life!

GoldDot · Aug 9, 2012

half_life1052 said:
Campbell County still had the fingerprinting requirement up on their website whereas it concerns CHP applications. I have made contact with them and they say that they will correct it in the coming days. They also have another weird requirement. You pick up the application and fill it out. You then take it back to the clerk of courts to get it certified and pay your fees. You then must carry it over to the Sheriffs' department for processing. Failure to deliver it to the Sheriff within 30 days of it being certified by the clerk means it is void and you must start over. Is this even legal?

Interesting to read about this. My father resides in Campbell County, and when he applied for CHP was obliged to visit the clerk of the "circus" court, pay the required fees, fill out the proper paperwork, and then visit the sheriff's office with said paperwork to be fingerprinted (this was a few years ago). He received his CHP on the 45th day.

Now here in Lynchburg, one visit to the clerk with proper paperwork does it all. I received my initial CHP in two weeks, and I recently renewed my CHP and it was mailed to me in eight days. That's the way it should be.

Snazuolu · Aug 10, 2012

I'm in bedford co and i had to do the same running back and forth. apparently they dont get too many because mine was shipped to me within a week after returning everything to the clerk.

Campbell Co Website in error concerning fingerprinting

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