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"A Suspending order has been entered in your case"

Thread starter hsmith
Start date Nov 17, 2007

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fizzer

Regular Member

Nov 17, 2007

#21

imported post

hsmith wrote:

Or would it be better to file a ore tenus hearing? I just desire my CCW and want it the quickest way possible and am extremely annoyed about this.

submitting the info is the quickest and easiest method. who wants to take off work to go to court and possible have to hire an expert (lawyer) to argue your case. the end result is the same and less costly...chp in hand.

C

Citizen

Founder's Club Member

Nov 17, 2007

#22

imported post

I do wonder, though, if"in consultation with the VA Supreme Court" led to the phrase on the State Police form about the court authorities and "their specific application," meaning perhaps the VASC decided to give the circuit courts a little room on whether they wanted proof of jurisdiction or something else.

M

Mike

Site Co-Founder

Nov 17, 2007

#23

imported post

fizzer wrote:

hsmith wrote:

Or would it be better to file a ore tenus hearing? I just desire my CCW and want it the quickest way possible and am extremely annoyed about this.

Click to expand...

submitting the info is the quickest and easiest method. who wants to take off work to go to court and possible have to hire an expert (lawyer) to argue your case. the end result is the same and less costly...chp in hand.

or, litigate the denial to the appeals court and quash the stupid demand like we did Judge Pugh's denial of military members' applications.

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fizzer

Regular Member

Nov 17, 2007

#24

imported post

i believe either way, no matter how this turns out, by going to the hearing or submitting the info, hsmith should get his chp. it is up for him to choose. he has been given 2 good choices.

M

Mike

Site Co-Founder

Nov 17, 2007

#25

imported post

fizzer wrote:

i believe either way, no matter how this turns out, by going to the hearing or submitting the info, hsmith should get his chp. it is up for him to choose. he has been given 2 good choices.

No, he could simply appeal the denial - no hearing, just a written appeal. This might have been the case we have been waiting for!

C

Citizen

Founder's Club Member

Nov 17, 2007

#26

imported post

fizzer wrote:

hsmith wrote:

Or would it be better to file a ore tenus hearing? I just desire my CCW and want it the quickest way possible and am extremely annoyed about this.

Click to expand...

submitting the info is the quickest and easiest method. who wants to take off work to go to court and possible have to hire an expert (lawyer) to argue your case. the end result is the same and less costly...chp in hand.

Yes, it would be quickest. But would do nothing for annoyance. The annoyance, if it arises from theseeming jerking around by the court, is best solvedby getting the court to get its act together and knock off furtherobstacles to keeping andbearing arms.

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fizzer

Regular Member

Nov 17, 2007

#27

imported post

this might me the case you are looking for but what about hsmith. he just wants his chp. the quickest way possible.

i was never jerked around by the court when i received my letter, i gave them the info they asked for and i got my chp.

C

Citizen

Founder's Club Member

Nov 17, 2007

#28

imported post

fizzer wrote:

this might me the case you are looking for but what about hsmith. he just wants his chp. the quickest way possible.

i was never jerked around by the court when i received my letter, i gave them the info they asked for and i got my chp.

He's also annoyed.

Did you considerwhether themasking for the additional info was being jerked around? Realize its not the Deputy Clerk, Carol Snow. She's about the sweetest most helpful gov't employee you could imagine. Its the judge.

I agree that Hsmith gets to make the final call.

I'm not sure that you aren't trying to steer him to go along with the judge. Perhaps I am reading something into your posts that isn't there, but I'm thinking that ifyou really felt it washis decision, then he would be equally free, and you would be equally supportive of him, to fight it.

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fizzer

Regular Member

Nov 17, 2007

#29

imported post

if he wishes to fight it, then more power to him. hopefully vcdl will be able to help. in my case there was no need to make it a legal battle, when the outcome is the same.

most people, but not all, will try to avoid anything that takes them into court. my personal choice, was to submit the things they asked for and be done with it. they gave me my chp, so we were even.

my posts are based on my experience going thru the same thing and what i did. if i was more legally savy i may have taken another route.

C

Citizen

Founder's Club Member

Nov 17, 2007

#30

imported post

fizzer wrote:

SNIP if i was more legally savy i may have taken another route.

Glad to hear it.

Truth be told, I supplied the information with the original application. I didn't recognize thedemand as being extra-lawful.I wasn'tlegally savvy at that point, either.

zoom6zoom

Regular Member

Nov 18, 2007

#31

imported post

most people, but not all, will try to avoid anything that takes them into court.

And that's what the bureaocraps count on. The people who would sooner submit to the creeping incrementalism of "just one more requirement" rather than standing up and saying, "No, this is wrong, you aren't allowed to do this". Gotta nip it in the bud before it takes root.

Oh, yeah, resized your font.

M

Mr. Y

Regular Member

Nov 18, 2007

#32

imported post

BOO HOO for Fairfax County government. They're too busy eating doughnuts and taking smoke breaks to DO THEIR FREAKIN' JOBS, which they are paid GENEROUSLY for. Mike is correct, the requirements are unlawful.

When the bully on the elementary school playground tells you to cough up your lunch money, and you do it, eventually, he's going to come back again for more lunch money. It won't stop until they get spanked.

M

Mike

Site Co-Founder

Nov 18, 2007

#33

imported post

Mr. Y wrote:

When the bully on the elementary school playground tells you to cough up your lunch money, and you do it, eventually, he's going to come back again for more lunch money. It won't stop until they get spanked.

Well said! I can't wait to hear you say somthing like this is a General Assembly sub-committee some time!

C

CA_Libertarian

State Researcher

Nov 18, 2007

#34

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Citizen wrote:

I've glanced through VA State Police form SP-248, the CHP application. I can't see where it requires you to submit proof of current residency. Neither can I find it required in the 18.2-308, linked above.

Maybe I'm confused here, but it looks like the answer is there in the first sentene...

VA Code 18.2-308

D. Any person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he resides

Sounds like you have to prove the circuit court has jurisdiction to issue your "permission slip to exercise your rights" (aka "CHP").

R

rlh2005

Founder's Club Member

Nov 18, 2007

#35

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The SP-248 rev 7/1/2006 requires you to enter your complete residential address to include the County (or independent city). At the bottom, it states:

I, the undersigned, affirm that the information contained in this application and in any attachments to this document is both correct and completed to the best of my knowledge. Th willful making of false statement in this application constitutes perjury and in punishable in accordance with § 18.2-434 of the Code of Virginia.

right above your signature. Why does Fairfax need you to prove you residence. It's the Fairfax County PD or Courts responsibility to prove you don't live in Fairfax. Like others have said, the need to prove residence is extra-legal and uncalled for.

U

ufcfanvt

Regular Member

Nov 18, 2007

#36

imported post

I just got my CHP in Fairfax County. If you haven't lived in the same location for the past 5 years, they require that you list each and EVERY place you have lived in those past 5 years!!!!
I know, I was pissed too :cuss:

If you're still in school, you could try saying your official residence was w/ your parents for the past five years.

Good luck and GO HOKIES!!!

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