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examiner-com - Petersburg, Va. Circuit Court Clerk backs down to gun group

Mike

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May 13, 2006
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8,706
Location
Fairfax County, Virginia, USA
http://www.examiner.com/article/petersburg-va-circuit-court-clerk-backs-down-to-gun-group

SNIP

McNeil’s petition was backed by Virginia’s largest gun rights group, the Virginia Citizens Defense League (VCDL). VCDL President Philip Van Cleave said that

“we bent over backwards to give the Clerk every opportunity to comply with Virginia law. But when she refused, we had no choice to but to petition the Supreme Court for a Writ of Mandamus.”

On June 3d, McNeil’s and VCDL’s attorney received a letter from Braxton stating that she is going to follow Virginia law on issuing CHPs by accepting renewals through the mail, and will ask for only one check for $50 total. Apparently “that Writ of Mandamus worked like Ex-lax,” said John Pierce, co-founder of OpenCarry.org and an attorney in Virginia specializing in “gun trusts.”

Though not surprised that a few Circuit Court Clerks are ignoring the streamlined CHP processing reforms enacted last year, Pierce and Van Cleave say the public is growing impatient with elected Circuit Court Clerks who do not follow the law.

What’s next?

Van Cleave’s group appears to be scrutinizing what it calls “a troubling practice” in Botetourt County where CHP applicants are being intimidated into submitting to police “mug shots.”

“Botetourt County is photographing CHP applicants and that applicants are required to come to the Circuit Court Clerk's office in person to pick up their newly issued permits,” claimed the League in a recent email alert to its members.

VCDL urges the public to refuse to comply with such extra-legal requirements even if it means delaying the approval of the CHP. Unless citizens stand up for their rights like McNeil did in Petersburg, their rights will be continued to be infringed,” says Van Cleave.

...
 

Grapeshot

Legendary Warrior
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May 21, 2006
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35,317
Location
Valhalla
Did they spit on it? ;)

Congrats, and as so many others have said before me, thank you for making this system better for all of us.

TFred

builtjeep stood tall and lead the way in spite of some considerable inconvenience to himself - he persevered.

He deserves the recognition for a job well done
icon14.png
 

peter nap

Accomplished Advocate
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Oct 16, 2007
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13,551
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Valhalla
Did they spit on it? ;)

Congrats, and as so many others have said before me, thank you for making this system better for all of us.

TFred

Is it spit or just licking the envelope.....It's a matta o ....in ta pa tation! :uhoh:
 

builtjeep

Regular Member
Joined
Jul 13, 2008
Messages
323
Location
South Chesterfield, VA
Is it spit or just licking the envelope.....It's a matta o ....in ta pa tation! :uhoh:

It certainly feels tainted.

Honestly, the whole ordeal has really soured me on the permit as a whole. I've long understood your stance Peter, and agreed, but chose to deal with the negative aspects so that I would be covered in those situations where the permit was needed (heavy coat in winter, dealing with unfriendly to OC areas/people, etc) so that I would be able to protect myself and my family if necessary (I know the gun isn't the only tool, I've trained in martial arts, disarming tactics, as well as knife and stick fighting techniques).

I've decided that I will not be renewing my VA permit again, I may apply for an Arizona or some other out of state permit just to cover the grounds mentioned above, unless we can finally get constitutional carry, which is what I would truly like to see and will be lobbying for. I know that an out of state permit is still compromising on an inalienable right, but at least VSP, local papers, etc. will not have any way of knowing. Still, having a piece of paper now makes me feel more like a criminal with a get out of jail free card, which technically, is exactly what it is.

The upshot is that I have a greater enthusiasm for fighting back against the .gov, it was definitely fun (despite the stress) to make them sweat. Still waiting to see her in an interview *Peter.
 

builtjeep

Regular Member
Joined
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Messages
323
Location
South Chesterfield, VA
builtjeep stood tall and lead the way in spite of some considerable inconvenience to himself - he persevered.

He deserves the recognition for a job well done
icon14.png

I don't want any recognition, I'd have gotten nowhere without the assistance of you, Peter, VCDL, and OCDO. The credit lies with our community, I simply brought it to their attention and acted as the plaintiff. I'm forever indebted to this community for the support and advice I have received in this matter as well as others. In fact it was the advice that I received 5 years ago that prompted me to lay the trap as well as I could this time. I've spent more than I care to tally on certified mail, I've got a collection of return reciepts (which amusingly is how they sent the permit, CYA I guess), documents signed and copied, etc. that will stay in my filing cabinet in case this ever comes up again, and I've made arrangements to verify that they are sticking to the law. We shall see if that story ends here or not.

There are and were far more pressing matters on the agenda for our community, I'm glad to have played the role that I could, and hope that I can contribute further in the future to other ventures.
 

The Wolfhound

Regular Member
Joined
Sep 3, 2009
Messages
728
Location
Henrico, Virginia, USA
Edmund Burke had it right...

All that is necessary for evil to triumph is for good men to do nothing. You took a stand. We can learn from your example. Our community needs victories to inspire us and you gave us one. We all won with you but you took the shot. Not everyone would, though we need everyone to do so. Whether you want it or not, I salute you for your effort and applaud your success.
 

HearseGuy

Regular Member
Joined
Jan 15, 2013
Messages
172
Location
VA
I don't want any recognition, I'd have gotten nowhere without the assistance of you, Peter, VCDL, and OCDO. The credit lies with our community, I simply brought it to their attention and acted as the plaintiff. I'm forever indebted to this community for the support and advice I have received in this matter as well as others. In fact it was the advice that I received 5 years ago that prompted me to lay the trap as well as I could this time. I've spent more than I care to tally on certified mail, I've got a collection of return reciepts (which amusingly is how they sent the permit, CYA I guess), documents signed and copied, etc. that will stay in my filing cabinet in case this ever comes up again, and I've made arrangements to verify that they are sticking to the law. We shall see if that story ends here or not.

There are and were far more pressing matters on the agenda for our community, I'm glad to have played the role that I could, and hope that I can contribute further in the future to other ventures.

Spoken like a true gentleman. So great to see the VCDL, OCDO and the entire gun community come together and make things happen.

I will still however give you recognition for standing your ground and making them do it right. You could have easily said, "whatever, I'll just do what they say and get this whole shinanigan over with as long as I get my permit". But you didn't. You had the fortitude to get the right people involved and make them do it right even though it was no doubt an inconvenience and rather stressful for you. And the gun community in VA thanks you and everyone involved.
 
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Whitney

Regular Member
Joined
Jan 12, 2010
Messages
435
Location
Poulsbo, Kitsap County, Washington, USA
Mechanics of a Writ

Mike, Et al. can you provide a basic overview of the nuts and bolts with regard to moving a writ through the system.

Do I need a lawyer to file?

Can I go down to the court and file myself?

Do I need to understand and articulate any legal vernacular?

Do I have to appear in court or is this a "paper work drill"?

Was there a cost or fee associated with your filing?

Any insight you can provide is greatly appreciated.

~Whitney
 

builtjeep

Regular Member
Joined
Jul 13, 2008
Messages
323
Location
South Chesterfield, VA
The process may be very different in Washington than it is in Virginia.

Here, a lawyer is not necessary, you can file the writ pro se, however I think it is usually best to have representation if possible. I was fortunate in that the VCDL stepped up to provide the services of an attorney.

There is legal vernacular required to some extent, at least in writing the petition for writ, and any filings in support of your position.

If the official decides to fight it, you will have to appear in court.
There are fees associated, again, I was fortunate enough to have the VCDL handling that side, so I don't know the exact totals, which will vary state to state most likely anyway.

IANAL, etc etc. Best bet would be to speak to a lawyer in your area.
 
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