apocryph
Regular Member
imported post
Last year I applied for a resident Virginia CHP to the Fairfax County Courthouse, but refused to provide the proof of residency demanded by the Fairfax County process, because it's an extra-legal requirement with no basis in state law. I posted about it at http://opencarry.mywowbb.com/forum54/1741.html, but that post seems to have been culled.
Anyway, long story short, I appealed the denial, hired Richard Gardiner to represent me, and the appeal was denied because I didn't send the hearing request soon enough (I sent it with days to spare, but apparently delays in their handling of it count against you). Mr. Gardiner wrote me an opinion letter explaining why Fairfax can't demand proof of residency, so I made a copy of that letter (with my address redacted) and included it with my new application in place of the proof of residency document.
That was 47 days ago. I called Deputy Clerk Carol Snow today (who, by the way, is very pleasant to deal with), and she said mine was going into the mail today but I could pick it up in person if I wanted to. Now I've picked it up, and I no longer have to worry that carrying on my Florida non-resident permit might get me hassled by the local LEOs. :celebrate
I'm glad to finally have the permit, but in a way I'm disappointed, because now I can't appeal to the court of appeals and get a binding decision to put a stop to this practice. Anyway, if anyone else is applying for a CHP in Fairfax County and wants to buck the extra-legal proof of residency requirement, I can provide a copy of the letter I used.
Thanks to Mike for his advice throughout this process.
Last year I applied for a resident Virginia CHP to the Fairfax County Courthouse, but refused to provide the proof of residency demanded by the Fairfax County process, because it's an extra-legal requirement with no basis in state law. I posted about it at http://opencarry.mywowbb.com/forum54/1741.html, but that post seems to have been culled.
Anyway, long story short, I appealed the denial, hired Richard Gardiner to represent me, and the appeal was denied because I didn't send the hearing request soon enough (I sent it with days to spare, but apparently delays in their handling of it count against you). Mr. Gardiner wrote me an opinion letter explaining why Fairfax can't demand proof of residency, so I made a copy of that letter (with my address redacted) and included it with my new application in place of the proof of residency document.
That was 47 days ago. I called Deputy Clerk Carol Snow today (who, by the way, is very pleasant to deal with), and she said mine was going into the mail today but I could pick it up in person if I wanted to. Now I've picked it up, and I no longer have to worry that carrying on my Florida non-resident permit might get me hassled by the local LEOs. :celebrate
I'm glad to finally have the permit, but in a way I'm disappointed, because now I can't appeal to the court of appeals and get a binding decision to put a stop to this practice. Anyway, if anyone else is applying for a CHP in Fairfax County and wants to buck the extra-legal proof of residency requirement, I can provide a copy of the letter I used.
Thanks to Mike for his advice throughout this process.