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VA Court of Appeals says Circuit Courts can't require ID for CHP applications

G

grylnsmn

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From VSSA:
Robert Herron, the attorney for Kenneth Richards, sent along the following to the VSSA Office. Richards challenged the practice of providing a photo ID as part of the concealed Handgun permit application process.
VIRGINIA BEACH — DECEMBER 5, 2016: Robert Herron Law, P.C., is proud to announce that the Virginia Court of Appeals has ruled in favor of our client in a case challenging whether the Norfolk Circuit Court can require a photo ID as part of a Concealed Handgun Permit (CHP) application. The Court of Appeals held that circuit courts cannot require a photo ID to be submitted with a completed CHP application.

This case is significant because several circuit courts across Virginia continue to impose additional requirements on CHP applicants, even though Virginia law specifically prohibits courts from requiring applicants to produce anything other than what is required by the code and on the application.

The case started when Kenneth Richards attempted to renew his concealed handgun permit with the Norfolk Circuit Court. After Richards submitted his completed application, the court requested that Richards provide a copy of his photo ID. Richards refused to provide a photo ID, and he even quoted the relevant statute to explain why he would not provide a photo ID.

After the circuit court denied his application, Richards appealed to the Court of Appeals. On October 31, 2016, the Virginia Court of Appeals ruled in Richards’ favor, holding that the Norfolk Circuit Court was not permitted to require a photo ID as part of a completed CHP application. The Court of Appeals also ordered that Richards’ application should be processed without a photo ID, as he originally submitted it.

“Hopefully, this will prevent someone else from having to go through the same thing,” said Richards. “The law is clear. They are not allowed to require additional information. Surely a court should follow the law? It’s that simple.”

Richards’ attorney, Robert Herron, of Virginia Beach, says this case is important because of the principle. “Virginia is a ‘shall-issue’ state,” according to Herron. “The legislature has said courts cannot set their own standards for a concealed handgun permit. A photo ID might not seem that important, but it could get worse and worse, to the point that an individual judge might arbitrarily choose which people can defend themselves. That’s not how it works in Virginia.”

A PDF of the Court of Appeals’ opinion can be found at www.robertherronlaw.com/news.
Robert Herron Law, P.C., practices criminal defense and firearms law throughout Virginia.
Click to expand...
The money quote in the ruling:
Petitioner provided all information and documentation required by statute, and his application was therefore complete. As indicated above, the circuit court is not permitted to request or require anything “other than that which is allowed on the application.” Therefore, the circuit court impermissibly required petitioner to produce his photo ID.
Click to expand...
 
davidmcbeth

davidmcbeth

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The law should be that an improper basis for denial = de facto granting of a permit.

Why should the citizen have to waste his resources?

And the lower court commie-judge? Likely still collecting a fat .gov check.

I have dealt with .govs claiming incomplete or not sufficient applications ... they are outrageous claims made by .govs
 
Maverick9

Maverick9

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They need to have all the permit redacted from the Virginia Criminal Database VCIN, also. That fake rule of needing to submit ID is how it got in there. Now, of course, the poor clerks will have to google you to find your info and enter it manually.
 
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davidmcbeth

davidmcbeth

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Here is the maximum permit requires can be...and its simple...


A) person walks in, and asks for a permit
B) authority hands him permit

Basically , that's it .... how could be otherwise? If you own a gun your have the right to practice with it, right? And a right to defend yourself, right?

Then all the BR chks, ID, etc .... all bogus ... automatically void

Refuse to provide permit upon meeting condition (A) above w/o arresting the person? De facto issuance of permit.

Nor can the permit ever be asked for.
 
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C

countryclubjoe

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Citizens should not be required via the government, to enter into a quasi contract with the government..

The inalienable right to be " LEFT ALONE" see the 9th amendment.. Ninth amendment aside is simply, I, citizen do not care to enter into a contract with my fellow neighbor or a member of my church, nor do I care to enter into a contract or do business with my local government or ANY government.

I, respectfully wish to simply be left alone.. Free from my neighbor, free from my fellow church goer and yes indeed, free from my local government and any government that is not willing to allow me the natural right to be " LEFT ALONE"..

I declare that I am an intelligent adult person of legal age and sound body and mind.. My only humble wish is to be "LEFT ALONE"".. Any violation of said wish, will render the violator to be deemed a " tyrant" of the highest order and said tyrant will be prosecuted civilly and criminally under the authority of natural law, common law and constitutional law..

Knowledge is indeed the defense against despotism and tyrants that wish to do us harm.

My.02

Regards
 
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Grapeshot

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The clerk can require proof of training and a copy of prior CHP is proof of such training.

I am not an attorney, but this nugget comes from one who is.
 
davidmcbeth

davidmcbeth

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Grapeshot said:
The clerk can require proof of training and a copy of prior CHP is proof of such training.

I am not an attorney, but this nugget comes from one who is.
Click to expand...

CGS Sec. 29-28 [https://www.cga.ct.gov/current/pub/chap_529.htm#sec_29-28a]

(1) has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Energy and Environmental Protection and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association

^^^ training requirements in my state, commie connecticut

- note that it does not require the "applicant" to prove anything in respect to "safety training" but puts the onus on the agency to prove you failed to complete one.

Issuing authorities will claim that an applicant needs to prove that they passed a course when the law says differently.
 
J

JamesCanby

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davidmcbeth said:
CGS Sec. 29-28 [https://www.cga.ct.gov/current/pub/chap_529.htm#sec_29-28a]

(1) has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Energy and Environmental Protection and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association

^^^ training requirements in my state, commie connecticut

- note that it does not require the "applicant" to prove anything in respect to "safety training" but puts the onus on the agency to prove you failed to complete one.

Issuing authorities will claim that an applicant needs to prove that they passed a course when the law says differently.
Click to expand...

Gee ... thanks for contributing to a question in a Virginia-specific thread by quoting Connecticut law....
 
C

countryclubjoe

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davidmcbeth said:
CGS Sec. 29-28 [https://www.cga.ct.gov/current/pub/chap_529.htm#sec_29-28a]

(1) has failed to successfully complete a course approved by the Commissioner of Emergency Services and Public Protection in the safety and use of pistols and revolvers including, but not limited to, a safety or training course in the use of pistols and revolvers available to the public offered by a law enforcement agency, a private or public educational institution or a firearms training school, utilizing instructors certified by the National Rifle Association or the Department of Energy and Environmental Protection and a safety or training course in the use of pistols or revolvers conducted by an instructor certified by the state or the National Rifle Association

^^^ training requirements in my state, commie connecticut

- note that it does not require the "applicant" to prove anything in respect to "safety training" but puts the onus on the agency to prove you failed to complete one.

Issuing authorities will claim that an applicant needs to prove that they passed a course when the law says differently.
Click to expand...

Let me guess, there is a fee/tax for this government requirement.. Scary
 
davidmcbeth

davidmcbeth

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JamesCanby said:
Gee ... thanks for contributing to a question in a Virginia-specific thread by quoting Connecticut law....
Click to expand...

You are free to post your state law relating to "safety training" to compare.

I'm sure your more familiar with it than I.

Maybe its the same language.

Many in CT think that they have to prove that they passed a safety course .... when they don't.
 
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