Results 1 to 11 of 11

Thread: I refused to provide "proof of residence" to Fairfax County Cir. Ct. - CHP received on tim

  1. #1
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    The Circuit Court will end this policy - like water against the rocks, the rocks will eventually give way.

    And if anyone gets denied, or day 45 passes and no de facto permit is "sent to you," contact me ASAP.

  2. #2
    Regular Member Thundar's Avatar
    Join Date
    Sep 2007
    Location
    Newport News, Virginia, USA
    Posts
    4,961

    Post imported post

    Excellent. No retreat, no compromise. Shall issuemeans shall issue.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  3. #3
    Regular Member paramedic70002's Avatar
    Join Date
    Jun 2006
    Location
    Franklin, VA, Virginia, USA
    Posts
    1,448

    Post imported post

    Maybe I missed something here. The first sentence of the CHP section of 18.2-308 states:

    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, or if he is a member of the United States Armed Forces, the county or city in which he is domiciled, for a five-year permit to carry a concealed handgun.

    So you are saying that they can't ask for proof that you are complying with the law?

    Is there some sort of precedent for this?

    Don't get me wrong, I'm not being argumentative. I really want to know, as I may be compelled by family illness to move to a jurisdiction where the chief law enforcement officer is hostile to me, and has previously blocked my application with a "dangerous peson" letter. Had to move away and wait five years to get my CHP, and I don't want him blocking my renewal.


    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

  4. #4
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    paramedic70002 wrote:
    So you are saying that they can't ask for proof that you are complying with the law?
    Yes - read the statute - only requires a person to provide the info on the VSP application.

  5. #5
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    paramedic70002 wrote:
    I may be compelled by family illness to move to a jurisdiction where the chief law enforcement officer is hostile to me, and has previously blocked my application with a "dangerous peson" letter. Had to move away and wait five years to get my CHP, and I don't want him blocking my renewal.
    18.2-308 was amended to make it harder to to be "blocked" - now requires personal knowledge.

    In any event, get a mail order permit from PA or FL now to cover you even if you are denied in next jurisdiction.

  6. #6
    Regular Member
    Join Date
    Mar 2007
    Location
    Virginia USA, ,
    Posts
    1,688

    Post imported post

    Good luck in your battle

    My appeal has been filed, but I am sure you may have heard .

  7. #7
    Regular Member
    Join Date
    Feb 2007
    Location
    Undisclosed Location, Virginia, USA
    Posts
    75

    Post imported post

    paramedic70002 wrote:
    Maybe I missed something here. The first sentence of the CHP section of 18.2-308 states:

    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, or if he is a member of the United States Armed Forces, the county or city in which he is domiciled, for a five-year permit to carry a concealed handgun.

    So you are saying that they can't ask for proof that you are complying with the law?

    Is there some sort of precedent for this?

    Don't get me wrong, I'm not being argumentative. I really want to know, as I may be compelled by family illness to move to a jurisdiction where the chief law enforcement officer is hostile to me, and has previously blocked my application with a "dangerous peson" letter. Had to move away and wait five years to get my CHP, and I don't want him blocking my renewal.

    I fought this with Fairfax County in the past and ended up engaging an attorney before I actually got my permit.

    You are already required to affirm you are in compliance with the law. The form includes fields for your address of residence, and you sign the form under penalty of perjury, in effect swearing you are a resident of the county where your residence lies.
    In most cases (and certainly in mine) your VA driver's license reflects this address, which is further proof. A piece of paper that looks like a utility bill or a lease or a letter from your mother is no more proof than this, and constitutes a requirement beyond those set forth in the VSP form, which is in clear conflict with VA statutes.

    This is only more egregious after July 2007, when the new law took effect explicitly stating that there was no minimum number of days one must live in the county before being eligible for the CHP, so the demand for a utility bill or some such document would also run afoul of this new language.


  8. #8
    Regular Member
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    48

    Post imported post

    So to clarify on this a little, I just purchased a home in Spotsylvania county, and will be moving in Friday. Are you saying that I can go on Saturday and apply for a permit? It seems a bit strange to me that I would be able to do such, when the only proof of residency I would have would be the paperwork for purchasing my house.



  9. #9
    Campaign Veteran roscoe13's Avatar
    Join Date
    Apr 2007
    Location
    Catlett, Virginia, USA
    Posts
    1,134

    Post imported post

    Paragon wrote:
    So to clarify on this a little, I just purchased a home in Spotsylvania county, and will be moving in Friday. Are you saying that I can go on Saturday and apply for a permit? It seems a bit strange to me that I would be able to do such, when the only proof of residency I would have would be the paperwork for purchasing my house.

    There is NO requirement to provide ANY proof of residence.

    BTW, I doubt the clerk's office would be open on a Saturday
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good." - George Washington

  10. #10
    Regular Member
    Join Date
    Feb 2007
    Location
    Undisclosed Location, Virginia, USA
    Posts
    75

    Post imported post

    So to clarify on this a little, I just purchased a home in Spotsylvania county, and will be moving in Friday. Are you saying that I can go on Saturday and apply for a permit? It seems a bit strange to me that I would be able to do such, when the only proof of residency I would have would be the paperwork for purchasing my house.
    Under VA law that's correct. You have to sign a form indicating your residential address, under penalty of perjury. That's it.

    As an aside, though VA law does not require any proof of residency, were I in your position I would probably update my driver's license address first, to smooth things along.


  11. #11
    Regular Member
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    48

    Post imported post

    I didn't think about the fact they won't be open on Saturdays, whoops! That's good info, I really appreciate it. By the way, sorry that I haven't introduced myself yet, but I'm moving to Fredericksburg after a few years of being stationed in NC. At least I can still open carry!

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •