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Thread: preemption

  1. #1
    Accomplished Advocate peter nap's Avatar
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    preemption

    Interesting that Garret's loaded long gun in vehicles is headed for the governor.

    VCDL posted in their bragging facts:

    *2004 A bill introduced on VCDL's behalf was passed & signed into law giving full preemption protections to all gun owners in Virginia

    Got hunting regulations changed to allow concealed carry of handguns for self-defense while hunting

    Well..fast forward to 2015 and since preemption was full of holes, they can brag that they filled one hole, but for CHP.holders only, not for ALL GUN OWNERS as stated above.
    Last edited by peter nap; 02-20-2015 at 04:10 PM.

  2. #2
    Accomplished Advocate peter nap's Avatar
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    It's also interesting looking around facebook and hunting sites,one of the people cheering the passage of this bill was pushing for the bills requiring background checks for all gun transfers in Virginia.
    Last edited by peter nap; 02-20-2015 at 04:08 PM.

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    Regular Member FBrinson's Avatar
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    +1

  4. #4
    Regular Member scouser's Avatar
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    I noticed a lot of people sayng how great they thought the chp plastic cards being issued in, at least, one of the NoVa counties are and that they wish everywhere issued them statewide

  5. #5
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by scouser View Post
    I noticed a lot of people sayng how great they thought the chp plastic cards being issued in, at least, one of the NoVa counties are and that they wish everywhere issued them statewide
    Forces of light vs forces of dark scouser. Years ago at a VCDL function, Kirby Burch, the dog king, bragged that he started VCDL and wrote shall carry. Enter the darkness.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by scouser View Post
    I noticed a lot of people sayng how great they thought the chp plastic cards being issued in, at least, one of the NoVa counties are and that they wish everywhere issued them statewide
    There is a serious concern that the plastic cards are not legal/valid.

    My google-fu is not working well right now, but there is a statute that defines what is to be on a CHP and that the form must be approved by the VSP.

    Can't believe that VSP would approve a different style, format, or anything different in appearance that was not consistent from one issuing clerk to the next. Can you imagine a different/unique style from each issuing clerk?
    Last edited by Grapeshot; 02-21-2015 at 10:45 PM.
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    Regular Member TFred's Avatar
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    Quote Originally Posted by Grapeshot View Post
    There is a serious concern that the plastic cards are not legal/valid.

    My google-fu is not working well right now, but there is a statute that defines what is to be on a CHP and that the form must be approved by the VSP.

    Can't believe that VSP would approve a different style, format, or anything different in appearance that was not consistent from one issuing clerk to the next. Can you imagine a different/unique style from each issuing clerk?
    It would seem that at a bare minimum, someone should direct an inquiry to the VSP asking if these cards are indeed, duly "prescribed".

    TFred


    18.2-308.04. Processing of the application and issuance of a concealed handgun permit.

    E. The permit to carry a concealed handgun shall specify only the following information: name, address, date of birth, gender, height, weight, color of hair, color of eyes, and signature of the permittee; the signature of the judge issuing the permit, of the clerk of court who has been authorized to sign such permits by the issuing judge, or of the clerk of court who has been authorized to issue such permits pursuant to subsection D; the date of issuance; and the expiration date. The permit to carry a concealed handgun shall be no larger than two inches wide by three and one-fourth inches long and shall be of a uniform style prescribed by the Department of State Police.

  8. #8
    Campaign Veteran skidmark's Avatar
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    But ... But ... But ...

    But the nonresident CHPs are plastic and have the permittees picture on them. Are some Clerks sending the "approved" paperwork to VSP and requesting they manufacture the actual permit? And if they are doesn't that mean that VSP already has 2 versions of the plastic permit - one marked nonresident and one not?

    All sorts of second-level issues if VSP manufactures the permit, ranging from determining when the 45-day period ends to "We mailed it to you. Pay us money and we'll make a replacement one".

    stay safe.
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  9. #9
    Activist Member Wolf_shadow's Avatar
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    Skid the clerks are making the resident permits on plastic themselves. I argued with the clerk in Accomack about them making them with a picture, so he made it optional.

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    Yes I carry a Bible and a Gun, your point.
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  10. #10
    Moderator / Administrator Grapeshot's Avatar
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    Then consider that the clerks are apparently considered state agencies.

    6VAC40-40-10. Definitions.
    "Clerk" means the clerk of court of any general district, juvenile and domestic relations or circuit court in the Commonwealth, and includes deputy clerks.
    http://leg1.state.va.us/cgi-bin/legp...g+6VAC40-40-10

    So then we are looking at the interaction of 2 state agencies.

    Would therefore seem that any change in their (clerks) rules or procedures would need to go through the proper process to change them.
    Last edited by Grapeshot; 02-22-2015 at 07:44 AM. Reason: added
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  11. #11
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by Wolf_shadow View Post
    Skid the clerks are making the resident permits on plastic themselves. I argued with the clerk in Accomack about them making them with a picture, so he made it optional.

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    Just from perverse curiosity - where did they get the plastic blanks?

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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  12. #12
    Activist Member Wolf_shadow's Avatar
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    I may wrong but I vaguely remember something about DMV upgrading and clerks got old stuff.

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    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



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