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Online CHP Course Declined in Albemarle County

Grapeshot

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dizzysmurf03 wrote:
I used the online certificate to get my CHP in Hopewell.

No problems at all, and it only took a couple of weeks.


EDIT: First post BTW.. Hello to everyone!
Welcome to OCDO and congrats on your permit.

Lots of activity here in the Old Dominion.

We'll look for you at some of the OC and VCDL events - you have joined right? :D

Yata hey
 

leprechaun117

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So.... Pregress, I'm the wrong direction...

Called the clerks office again, now they won't give him a temporary permit because "they have up to 60 days from when the judge gets the application." Not 45 days from when the application is put in.... Really...

She said she would call him back when she figured it out.
 

TFred

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See, now they are crossing the line of good faith into blatant violation of the law:

Straight from Paragraph D: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

If the court has not issued the permit or determined that the applicant is disqualified within 45 days of the date of receipt noted on the application, the clerk shall certify on the application that the 45-day period has expired, and send a copy of the certified application to the applicant. The certified application shall serve as a de facto permit, which shall expire 90 days after issuance, and shall be recognized as a valid concealed handgun permit when presented with a valid government-issued photo identification pursuant to subsection H, until the court issues a permit or finds the applicant to be disqualified.
TFred
 

xd.40

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This is where the 60 days might have come from:

§ 18.2-308
L. Any person denied a permit to carry a concealed handgun under the provisions of this section may present a petition for review to the Court of Appeals. The petition for review shall be filed within 60 days of the expiration of the time for requesting an ore tenus hearing pursuant to subsection I, or if an ore tenus hearing is requested, within 60 days of the entry of the final order of the circuit court following the hearing. The petition shall be accompanied by a copy of the original papers filed in the circuit court, including a copy of the order of the circuit court denying the permit. Subject to the provisions of subsection B of § 17.1-410, the decision of the Court of Appeals or judge shall be final. Notwithstanding any other provision of law, if the decision to deny the permit is reversed upon appeal, taxable costs incurred by the person shall be paid by the Commonwealth.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

Either way, they have 45 days to give you a permanent permit, or have to give you a temporary permit until the "real" one is ready or denied. If it is denied, section L above would come into play.
 

TFred

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The only place a "60" appears in the code is Paragraph L, which applies after an outright denial:

L. Any person denied a permit to carry a concealed handgun under the provisions of this section may present a petition for review to the Court of Appeals. The petition for review shall be filed within 60 days of the expiration of the time for requesting an ore tenus hearing pursuant to subsection I, or if an ore tenus hearing is requested, within 60 days of the entry of the final order of the circuit court following the hearing.

These folks need some edumacating.

TFred
 

Mike

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leprechaun117 wrote:
So.... Pregress, I'm the wrong direction...

Called the clerks office again, now they won't give him a temporary permit because "they have up to 60 days from when the judge gets the application." Not 45 days from when the application is put in.... Really...

She said she would call him back when she figured it out.
This is what happens when you give them an inch - the applicant is letting us all down by not obtaining an attonrey and filing a mandamus action against teh Clerk fo Court to issue the de facto permit right now!
 

Sheriff

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I think I see the problem here possibly. There's also a new clerk in this court. I think she is the one dropping the ball. The applicant needs to speak with Judge Cheryl Higgins in person, IMHO. What is going on does not sound like a mistake Judge Higgins would make.
 

Mike

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Sheriff wrote:
I think I see the problem here possibly. There's also a new clerk in this court. I think she is the one dropping the ball. The applicant needs to speak with Judge Cheryl Higgins in person, IMHO. What is going on does not sound like a mistake Judge Higgins would make.
No - the applicant needs to file an action against the Clerk of Court - the Clerk's duties are different than the Judge.
 

Grapeshot

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Mike wrote:
leprechaun117 wrote:
So.... Pregress, I'm the wrong direction...

Called the clerks office again, now they won't give him a temporary permit because "they have up to 60 days from when the judge gets the application." Not 45 days from when the application is put in.... Really...

She said she would call him back when she figured it out.
This is what happens when you give them an inch - the applicant is letting us all down by not obtaining an attonrey and filing a mandamus action against teh Clerk fo Court to issue the de facto permit right now!
Would not an Ore Tenus hearing accomplish the same corrective action?

Or is that an option only if his CHP is actually denied?

I might be tempted to copy the applicable laws referenced above and try one more time talking to the clerk with those references in hand.......and have the other paper work ready to go - letting her/him see them.

In any event, the sooner the better.

Yata hey
 

leprechaun117

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Grapeshot wrote:
Mike wrote:
leprechaun117 wrote:
So.... Pregress, I'm the wrong direction...

Called the clerks office again, now they won't give him a temporary permit because "they have up to 60 days from when the judge gets the application." Not 45 days from when the application is put in.... Really...

She said she would call him back when she figured it out.
This is what happens when you give them an inch - the applicant is letting us all down by not obtaining an attonrey and filing a mandamus action against teh Clerk fo Court to issue the de facto permit right now!
Would not an Ore Tenus hearing accomplish the same corrective action?

Or is that an option only if his CHP is actually denied?

I might be tempted to copy the applicable laws referenced above and try one more time talking to the clerk with those references in hand.......and have the other paper work ready to go - letting her/him see them. 

In any event, the sooner the better.

                      Yata hey


Laws were printed about an hour ago, he plans on dropping by the court tomorrow morning, hopefully they can get their stuff straightened out.

He just got a Ruger P345 with a Glock light/laser for free too... Some people are just lucky I guess.
 

Mike

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Grapeshot wrote:
Mike wrote:
leprechaun117 wrote:
So.... Pregress, I'm the wrong direction...

Called the clerks office again, now they won't give him a temporary permit because "they have up to 60 days from when the judge gets the application." Not 45 days from when the application is put in.... Really...

She said she would call him back when she figured it out.
This is what happens when you give them an inch - the applicant is letting us all down by not obtaining an attonrey and filing a mandamus action against teh Clerk fo Court to issue the de facto permit right now!
Would not an Ore Tenus hearing accomplish the same corrective action?

Or is that an option only if his CHP is actually denied?

I might be tempted to copy the applicable laws referenced above and try one more time talking to the clerk with those references in hand.......and have the other paper work ready to go - letting her/him see them.

In any event, the sooner the better.

Yata hey
You can only request an ore tenus if denied by the judge; the process in statute is to force the clerk is SEND the de facto permit at day 46 - theonly way we are going to get this to work is if we file an action to make them and embarass them and get them in teh newspapers for refusing to follow the law.
 

Grapeshot

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Mike wrote:
You can only request an ore tenus if denied by the judge; the process in statute is to force the clerk is SEND the de facto permit at day 46 - theonly way we are going to get this to work is if we file an action to make them and embarass them and get them in teh newspapers for refusing to follow the law.
Appreciate the clarification - have never had hands-on experience.

Understand holding their feet to the fire and requiring the clerk to follow the law as the absolute best option - solves the current problem as well as future such.

Yata hey
 

Sheriff

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Mike wrote:
....embarass them and get them in teh newspapers for refusing to follow the law.
I doubt this is going to happen with any of our local newspapers. They won't take any interest whatsoever in embarrassing a new Circuit Court clerk and newly appointed Circuit Court judge. Both are good people, I really hate to see this controversy flaring up.
 

Grapeshot

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Sheriff wrote:
Mike wrote:
....embarass them and get them in teh newspapers for refusing to follow the law.
I doubt this is going to happen with any of our local newspapers. They won't take any interest whatsoever in embarrassing a new Circuit Court clerk and newly appointed Circuit Court judge. Both are good people, I really hate to see this controversy flaring up.
With all due respect, I don't think that this is a "controversy" Somebody is responsible for either intentionally ignoring the law or doing so through ignorance. Neither constitutes a valid reason - actually in this case there is none as the law is very specific.

Yata hey
 
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