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Thread: From VCDL ALERT: Crazy Judge and permit renewal

  1. #1
    Regular Member TFred's Avatar
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    From VCDL ALERT: Crazy Judge and permit renewal

    From today's VA-ALERT:

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    2. Activist Judge in Fairfax making up rules as he goes along
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    YET ANOTHER ACTIVIST FAIRFAX COUNTY JUDGE

    When the Virginia Legislature allowed CHP holders to renew their permits 180 days prior to expiration, little did they know that they were also opening a can of tortured logic that defies all reasoning. Recently, one of VCDL’s Executive Members discovered that he’d be out of town more than the 180 days prior to the expiration of his permit. Rather than risk having his permit expire he decided to renew in advance, lose a few months and just be assured that he would continuously have coverage. That’s when he ran afoul of the twisted logic of Fairfax County Circuit Court Judge Brett A. Kassabian.

    Judge Kassabian approved the issuance of the new permit but with the stipulation that the current permit must be surrendered before the new permit would be issued. What? Nowhere in the Virginia code does it allow for a judge to make such a ruling. When our Executive Member called the Clerk’s office he was told that he was indeed correct, it wasn’t in the law, but it was Judge Kassabian’s rule! When our member pointed out that the Judge did not have the authority to make that rule, under the law, the person simply said to call John Frey, Clerk of the Circuit Court. Our Executive Member did. Mr. Frey consulted with Judge Kassabian who stood firm in his ruling stating that it was his “feeling” that no one should hold two permits at the same time. (I may “feel” that it’s okay for me to go 90 mph on Interstate 95 but the police and courts would disagree.)

    Okay your Honor; let’s look at this logically for a moment. It’s okay for someone to hold two permits if it’s only for 180 days before expiration, but if it’s 181 or more days suddenly the tides rise, earthquakes occur and cataclysmic events will occur? Our member was astounded and asked what possible logic was used to come to this decision. The answer, none! His Honor either had no answer or was unwilling to share it.

    This is exactly why the Legislature is loath to allow any discretion to judges or localities, for any time they do there is always someone who abuses that discretion. That is why State Preemption was passed and why it is so important that we close any and all loopholes.

    Just a comment, since 2012's HB 26 was passed into law, this is not really such a big deal. The permit holder can mail his permit back from wherever he may be (just outside that 90 day window closing), and still carry (in Virginia, at least) without the actual card in hand. (I suppose I would make a copy of it first.) It is no longer a crime to not have your permit on your person, but rather a civil infraction, which may be waived if you show proof that you did have a valid permit at the time you were cited.

    If the person is traveling outside of Virginia, I guess they would be subject to whatever state laws applied.

    TFred

    ETA: Not at all am I advocating that we roll over and let this judge make up laws.... just saying... it's not a crime to not have your permit on your person any longer, so it should not stop him from carrying.
    Last edited by TFred; 04-25-2013 at 12:54 PM.

  2. #2
    Regular Member Thundar's Avatar
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    What ever happened with the crazy judge?

    I don't get too worked up about Permittee issues, but this sort of bad behavuor should have consequences for the idjit in black robes.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Ummmm. I'm not an expert on this area of law, but where is the judge's authority to issue a second permit outside the 180 days?

    On the one hand, we want to gripe when a judge doesn't do what we want, but on the other hand, I'm thinking the judge might be applauded for not exceeding his authority. God knows there are plenty of people in government who care little that in this republic government only has the authority it is granted.

    If the statute does not give him the authority, I don't think we can really complain. If I'm right, send him a thank you note for observing one of the bedrock principles of government.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  4. #4
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    thats what happens when people play the "make permits easier" game instead of just saying "no permits required".

    Look could have applied 180 days prior to the exp. date of his current permit. Did he? No. Case closed.

    No go and start lobbying to lose a permit requirement...

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    Well, just remember,

    It is NOVA and he IS a judge.

    I escaped NOVA in 1983 and have not missed the traffic, taxes or crazy judges. In my experience with the courts, each judge seems to think they are not accountable to anyone and run their courts like a kingdom.

    Filing a complaint against a judge, no matter if you are right or not never turns out well.

  6. #6
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by va_tazdad View Post
    It is NOVA and he IS a judge.

    I escaped NOVA in 1983 and have not missed the traffic, taxes or crazy judges. In my experience with the courts, each judge seems to think they are not accountable to anyone and run their courts like a kingdom.

    Filing a complaint against a judge, no matter if you are right or not never turns out well.
    Henrico must be the NOVA annex!

  7. #7
    Accomplished Advocate user's Avatar
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    Quote Originally Posted by va_tazdad View Post
    It is NOVA and he IS a judge.

    I escaped NOVA in 1983 and have not missed the traffic, taxes or crazy judges. In my experience with the courts, each judge seems to think they are not accountable to anyone and run their courts like a kingdom.

    Filing a complaint against a judge, no matter if you are right or not never turns out well.
    Well, you know, you're not too far off the mark. A circuit court judge is appointed for an eight year term by the legislature, and during that time, he represents the sovereign power of the People of Virginia, and does have all the judicial power that George III had at the time that Virginia declared independence (the U.S. has no business co-opting our Fourth of July holiday, by the way, since it wasn't invented until thirteen years later). The reason we stand up when the judge puts the black robe of a "bachelor of law and of laws" and ascends the dias is out of respect for the sovereign he represents, not for him, personally. The only accountability a circuit judge has, while sitting in judgment, is to the Supreme Court, which can order him to do this or that with respect to a case. We rely on judges to be intellectually honest, smart, and competent. Our legislators are supposed to see to it that their appointees meet those criteria. Very often, what happens in real life, is that the legislators who represent the area in which the judge will sit figure out whom they'll appoint for political reasons, and the legislature as a whole rubber-stamps their decision. Very often, however, they actually do a pretty good job. On the whole, I am well pleased with the judicial system in Virginia, and wouldn't want to be anywhere else (least of all such uncivilized places like Maryland, Massachussetts, New York, New Jersey, Illinois, California, or Hawaii).

    Btw, I've known Brett Kassabian for over twenty years, I think, and I can assure you that he is not crazy. He is a smart and well-meaning guy, so I believe he has what he thinks is a good reason for doing what he's doing - he may be mistaken, but that's another issue.
    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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