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Clerks that don't follow the code

Uber_Olafsun

Regular Member
Joined
Dec 9, 2009
Messages
583
Location
Alexandria, Virginia, United States
Mail the application minus SASE and ID copy. Neither are included in the code nor on the application instructions, therefor neither are legal. I'd suggest sending certified mail/return receipt.

Fairfax county still has the stamped envelope as well on their requirements. Going to be awhile before I need to renew but I know what I am doing when I do. Certified mail.
 

builtjeep

Regular Member
Joined
Jul 13, 2008
Messages
323
Location
South Chesterfield, VA
Fairfax county still has the stamped envelope as well on their requirements. Going to be awhile before I need to renew but I know what I am doing when I do. Certified mail.

Pretty sure a couple of members here have sent in their applications without SASE and received their permits without hassle. At least I believe it was in Fairfax.

In all, this array of extra legal requirements/requests by the different counties/cities just demonstrates what has been said over and over, preemption needs bigger teeth. I'd like to see jail time as a consequence.

There's no excuse for clerks imposing these requirements without at least checking with the city attorney about legality beforehand, even less excuse for sticking to such requirements without legal consultation after being called on them. (Yes Ms. Braxton, that IS directed toward you and your ilk!)
 

Glockster

Regular Member
Joined
Dec 24, 2010
Messages
786
Location
Houston
Pretty sure a couple of members here have sent in their applications without SASE and received their permits without hassle. At least I believe it was in Fairfax.

In all, this array of extra legal requirements/requests by the different counties/cities just demonstrates what has been said over and over, preemption needs bigger teeth. I'd like to see jail time as a consequence.

There's no excuse for clerks imposing these requirements without at least checking with the city attorney about legality beforehand, even less excuse for sticking to such requirements without legal consultation after being called on them. (Yes Ms. Braxton, that IS directed toward you and your ilk!)

And as I've said before: Malfeasance

And they should be removed from office for that.
 

JamesCanby

Activist Member
Joined
Jul 2, 2010
Messages
1,480
Location
Alexandria, VA at www.NoVA-MDSelfDefense.com
Alexandria City appears to impose extra-legal requirements

Having read the current controversy over the Petersburg Court Clerk situation, and having recently moved into Alexandria City (from Fairfax County), I thought to check out the City's requirements. It appears that they are also in violation of the requirements.

The document available at http://alexandriava.gov/uploadedFiles/clerkofcourt/RequirementsSheet.pdf states:

3. COMPETENCE WITH A HANDGUN: Proof of handgun training is required and can be proved by one of the following:
e. Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition of current military service or proof of an honorable discharge from any branch of the armed services; NOTE: If submitting military ID, Court approval requires additional documentation/proof of firearm competency.

f. Obtaining or previously having held a license to carry a firearm in this Commonwealth or a locality thereof, unless such license has been revoked for cause; Please attach copy of previous carry permit.

5. WHEN AND WHERE TO TURN IN APPLICATION: A complete, notarized application shall be filed with the Alexandria Clerk of Circuit Court (520 King Street, Suite 307) between the hours of 9:00 am to 4:30 pm, Monday through Friday (except holidays). A SELF-ADDRESSED, STAMPED ENVELOPE MUST BE INCLUDED with the application to have your carry permit mailed back to you. The permit is mailed from the Circuit Court.

6. PAYMENT: Payment of $50.00 is required at time of submittal to the Clerk's Office. Acceptable methods of payment are check, money order (made payable to "Clerk of Circuit Court"), cash or credit card (Visa & MasterCard only, additional $2.00 convenience fee is collected).

All of the emphasis (bolding, caps and underlining) are part of the official text, not added by me.

It seems to me that:
  • 3.e's Imposing the requirement for additional documentation/proof from currently serving military members,
  • 3.f's Requiring a copy of the previous carry permit,
  • 5's Requirement of providing a stamped, self-address envelope, and
  • 6's Requirement to pay an additional $2.00 (beyond the $50)
are all in violation of the Virginia State CHP application or renewal process. I won't have to renew my CHP for another couple of years, but it looks like others are being made to jump through additional, extra-legal hoops. Their guidance also does not seem to indicate the possibility of renewing by mail.

Am I reading all this correctly?
 
Last edited:

builtjeep

Regular Member
Joined
Jul 13, 2008
Messages
323
Location
South Chesterfield, VA
credit card (Visa & MasterCard only, additional $2.00 convenience fee is collected).

I believe the credit card fee has been discussed before. In my recollection, it is legal if they charge that fee for all credit card transactions, not just chl permit payment . My memory is often flawed however.

Sent from my XT912 using Tapatalk 2
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
I know of at least one recording that would reinforce that belief.

Sent from my XT912 using Tapatalk 2


We have not had a situation like this before," said Braxton, who has held the position for 25 years. The clerk of court is a constitutional officer who is elected every eight years.


"What we have here is a matta o in ter pa tation....but I got you straight didn't I"

796000d1367645229-santa-cruz-bronson-smiley-rofl.gif
 

builtjeep

Regular Member
Joined
Jul 13, 2008
Messages
323
Location
South Chesterfield, VA
Indeed, and I'm sure there is very little if anything that could endanger the case at this point, but none the less, I'll confer with counsel before making any statement.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
Indeed, and I'm sure there is very little if anything that could endanger the case at this point, but none the less, I'll confer with counsel before making any statement.

Wise decision!

I'll bet she's sweating bullets now....It's all a matta o inter pa tation!:lol:
 

builtjeep

Regular Member
Joined
Jul 13, 2008
Messages
323
Location
South Chesterfield, VA
The Progress-Index article mentioned online court records, does anyone here know where I might find those filings? I'd like to keep tabs to see when/what response the clerk files.
 
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