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Reciprocity: The History of CHP Requirements and Disqualifiers

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
Background: See this article in today's Richmond Times-Dispatch: Schapiro: GOP's fingerprints all over AG guidelines on guns

Snip:

Republicans also wrote the procedures and standards for determining whether Virginia should recognize the concealed weapons laws of other states. A Democratic attorney general is operating by their rules. Republicans are incensed by his interpretation and are prepared to impose their own — by dismantling their own handwork.​

This article dances around the edges of the truth just enough to sound good, but misfires on many key points.

I suspect that one of the major causes of our current reciprocity issue is not that section of code which provides that:

"the requirements and qualifications of that [other] state's law are adequate to prevent possession of a permit or license by persons who would be denied a permit in the Commonwealth under this article"

No, I suspect the problem is that SINCE this requirement was written, changes have been made to Virginia's code that reduce the number of other states that can satisfy the requirement. As each change was made over the years, the question that was never asked was "Which other states will no longer meet the requirement for reciprocity if we make this change?"

Here is my question today:

Does anyone have a year-by-year list of ALL changes made to the requirements to obtain, and disqualifiers to be denied a CHP in Virginia?


If we can show the list of changes since the initial requirement text was implemented, it would very clearly illustrate how the CHP law was "nickled and dimed" to the point where few other states could comply. Each and every small change may have seemed like no big deal at that time, but I submit that each and every small change took away another state from the list that satisfied the reciprocity requirement in the code.

If my theory is correct, that leaves us with only two possible solutions: 1) Change the code back to where Virginia DOES match all those other states, or 2) Change the requirement for reciprocity to allow other states' permits, even if they do not exactly match Virginia's requirements.

TFred
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Here is my question today:

Does anyone have a year-by-year list of ALL changes made to the requirements to obtain, and disqualifiers to be denied a CHP in Virginia?


If we can show the list of changes since the initial requirement text was implemented, it would very clearly illustrate how the CHP law was "nickled and dimed" to the point where few other states could comply. Each and every small change may have seemed like no big deal at that time, but I submit that each and every small change took away another state from the list that satisfied the reciprocity requirement in the code.

If my theory is correct, that leaves us with only two possible solutions: 1) Change the code back to where Virginia DOES match all those other states, or 2) Change the requirement for reciprocity to allow other states' permits, even if they do not exactly match Virginia's requirements.

TFred

The legislative history of any statute is traceable in the Code of Virginia of 1950 As Amended. For your inquiry I think you only need to go back to 1995 when "may issue" changed to "shall issue". Acts of the Assembly might be a good place to start, going either forwards from 1995 or back from today. Access to a law library will help tremendously.

stay safe.
 
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