preemption

peter nap · Feb 20, 2015

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.

peter nap · Feb 20, 2015

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.

FBrinson · Feb 20, 2015

scouser · Feb 21, 2015

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

peter nap · Feb 21, 2015

scouser said:
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.

Grapeshot · Feb 21, 2015

scouser said:
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?

TFred · Feb 21, 2015

Grapeshot said:
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.

skidmark · Feb 22, 2015

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.

Wolf_shadow · Feb 22, 2015

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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Grapeshot · Feb 22, 2015

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/legp504.exe?000+reg+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.

skidmark · Feb 22, 2015

Wolf_shadow said:
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.

Wolf_shadow · Feb 22, 2015

I may wrong but I vaguely remember something about DMV upgrading and clerks got old stuff.

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preemption

peter nap

Accomplished Advocate

peter nap

Accomplished Advocate

FBrinson

Regular Member

scouser

Regular Member

peter nap

Accomplished Advocate

Grapeshot

Legendary Warrior

TFred

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skidmark

Campaign Veteran

Wolf_shadow

Activist Member

Grapeshot

Legendary Warrior

skidmark

Campaign Veteran

Wolf_shadow

Activist Member