imported post
Mike wrote:
By statute you need only fill out the form, bring it in with proof of competency, and hand it in. No ID necessary - get it notoized before you go. No need to see the police unless your locality requires prints - somthing you should fight.
The Sheriff's office was my notary. By using them, I paid no additional fee; only the $40 to the Clerk. Don't they have to *see* my ID in order to notarize the application?
Come to think of it, I misspoke about the copying of my IDs. And I'm not just saying that. The lady only looked at my ID prior to notarizing the application. In fact, there was no second ID requirement. I was confused. Please forgive me.
In the future, I'll try to be more diligent and try not to post any information here that may be inaccurate. I should have just posted this instead of trying to type out every detail from memory. I did exactly this, except I picked up my application from the Sheriff's office instead of the Clerk of the Circuit Court:
http://www.loudoun.gov/Default.aspx?tabid=1424
How do I obtain concealed weapon permits?
First, you will need to pick up an application at the Clerk of the Circuit Court. Then bring your completed application with your Driver's license and proof of training (for new applications) or your old permit (for renewals). A criminal history check and driver's transcript will be completed while you wait. You will receive a sealed packet to be returned to the Circuit Court. The Court will collect the $40 fee. You should receive your permit within a few weeks.
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What do you think about the driver's transcript, Mike? Do you think Loudoun county is within the law by including that? Loudoun county also requires a list of addresses for the past five years. In my case, I had to provide not only my current address but one previous address. Was that legal? I was surprised by that requirement because the state law only states that there is no length of residency requirement, but I didn't see any real harm in providing the address after I was told that it was used to conduct the background check. And by not providing it, I feared that they may have been able to construe that I submitted false information on the application; The false information being that I lived at the address for the last five years. You got me thinking about it now, was it even legal?
if nobody fights this stuff, it will go on. You fight by refusing to comply, delivering gthe paplicatuion to the Clerk, and walking away.
You forgot the part where you fork over the $$$. Or is withholding the $$$ the fighting part?
Why let them see or copy IDs? - you know all that crap is now a public record at the courthouse right? And anybody can copy it all and put it on the Internet
You're referring to this, I take it:
§ 17.1-208. Records, etc., open to inspection; copies; exception.
Except as otherwise provided by law, any records and papers of every circuit court that are maintained by the clerk of the circuit court shall be open to inspection by any person and the clerk shall, when requested, furnish copies thereof, except in cases in which it is otherwise specially provided. The certificate of the clerk to such copies shall, if the paper copied be recorded in a bound volume, contain the name and number of the volume and the page or folio at which the recordation of the paper begins and may charge a fee therefor pursuant to §
17.1-275. No person shall be permitted to use the clerk's office for the purpose of making copies of records in such manner, or to such extent, as will interfere with the business of the office or with its reasonable use by the general public.
17.1-293 at least prevents the Clerk itself from posting sensitive information to the Internet. Though like you said Mike, there's nothing to stop Joe the Plumber from accessing just about any document that crosses the desk of the Clerk of the Circuit Court.
17.1-208 is unfortunate for everyone who has a VACHP, not just someone who may have accidentally allowed sensitive information to be placed into a public court record. As many probably remember the debacle of the Roanoke Times publishing a list of CHP holders. Who needs the State Police to get a list anyway? There is nothing in the law that would stop Joe the Plumber from building his own list. I suppose that CHP holders' background checks as well as their driving records (in Loudoun County) are now public record, too. That is, if they weren't already.
At least 17.1-208 begins with "Except as otherwise provided by law" so all we need is a law that excepts information associated with CHP applications. How hard could that be? :? Or maybe someone can find a law that already does. Does anyone have a link to the Attorney General's offical statement regarding CHP information dissemination from the Roanoke Times incident?
I understand that this is an OC forum. Is this too far off topic? I apologize if it is. If it is, what would be an appropriate forum? Or does this simply belong in a new thread? Please advise.
