Which is a matter of court record.
User stated as much in my thread.
http://forum.opencarry.org/forums/s...-at-it-again&p=1919117&viewfull=1#post1919117
Some of the Greats Minds are working on it!
Which is a matter of court record.
User stated as much in my thread.
http://forum.opencarry.org/forums/s...-at-it-again&p=1919117&viewfull=1#post1919117
Which is a matter of court record.
User stated as much in my thread.
http://forum.opencarry.org/forums/s...-at-it-again&p=1919117&viewfull=1#post1919117
So the question seems to be, who is responsible for getting the proof in front of the clerk?There are those that state that "proof of competence" must be satisfied even on renewal permits - think that Mike Stollenwerk was one such - I have come to agree myself.
Now before the flames begin - How will the clerk know whether this requirement has been satisfied? Sure you wrote down the number of your expiring CHP - and how will the clerk confirm the validity of that?
Solution is found in section G-6 of § 18.2-308.
Note you are not submitting "to any additional demonstration of competence" - you are only demonstrating that this was fulfilled by having a previously issued CHP. So when the Clerk asks for a photocopy of your CHP, he/she is only fulfilling an obligation to insure that your original certification was in fact seen somewhere. The previous issuance of a CHP is evidence of that.
- G. The court shall require proof that the applicant has demonstrated competence with a handgun and the applicant may demonstrate such competence by one of the following, but no applicant shall be required to submit to any additional demonstration of competence, nor shall any proof of demonstrated competence expire:
- 6. Obtaining or previously having held a license to carry a firearm in the Commonwealth or a locality thereof...
- http://leg1.state.va.us/cgi-bin/legp504.exe?131+ful+CHAP0559
This is exactly the same BS I went through with Frederick County, took it as far as the judge and he refused to issue my permit unless I submitted proof of competency again! I even brought in the application with initial permit highlighted.
So the question seems to be, who is responsible for getting the proof in front of the clerk?
One might consider whether or not such proof is correctly classified as a "part of the application".
I suspect if a clerk called the VSP, they would probably be willing to confirm the existence of the current CHP. But is that the clerk's responsibility?
TFred
My respect for Dan Hawes is well known - I think the wording/verbiage used is most important so I am not in disagreement with him. No additional proof of competancy is being required - only a demonstration that it was done initially.
If an applicant (renewal) had a permit issued by the Newport News Clerk and were now applying in Chesterfield County, then the Chesterfield Clerk does not have access to the NN files and to my knowledge the VSP does not have any records as to your competancy. I believe the recent Code revisions were intended to clarify some of these issues - think that G -6 is just one such an item.
I understand that, but the revised Code doesn't say unless you applying at the same court/jurisdiction.That should not apply in this case because my original permit was issued by this same court, and to the best of my recollection, the same clerk. They should have the original documents in their files.
Well, I have the receipt, saying that the clerk received my corrected application and letter explaining why their other requirements are illegal. They signed for it on Aug 12 It is now the 19th and they have yet to cash my check. Maybe they are just holding it because I did not send a SASE for them to mail my application back to me. If they do not send me my permit by Sept 25, (45 days are up) I'll have to go up and ask for my temporary permit.
This is being watched and worked on but remember, we can't get information. Probably a good idea to update Grapeshot every now and then.