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Thread: Chesapeake.....will not give permit untill the 45th day?

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    I just spoke with a friend of mine... He lives in Chesapeake and filed his CHP paperwork about a month ago.

    He called today and was told, we will not give the permit before the 45th day! The lady told him he will not get it a day earlier.

    Has anyone else had this problem?




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    Bill in VA wrote:
    DonTreadOnMe wrote:
    I just spoke with a friend of mine... He lives in Chesapeake and filed his CHP paperwork about a month ago.

    He called today and was told, we will not give the permit before the 45th day! The lady told him he will not get it a day earlier.

    Has anyone else had this problem?


    Not to be argumentative, but I'm not sure I see a "problem." By law they've got 45 days to issue a permit or denial, so their action iswell within the limits of thelaw.
    Oh, I think it is quite 'within the law'. The problem is, it was made clear to him they would not give him his permit before they are required by law.

    IMHO, it is very clearly an expression of contempt against permit applicants by Chesapeake.

    If they needed 45 days, that would be one thing....we are not talking about that. They simply don't want to issue the permit, period.

    It's bovine excrement in my opinion, legal or not.




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    Also do not come close to the expiration and think you will get it any sooner. I've had an expired chp that way once. Renewed a couple weeks before the expiration and it took at least a month longer to get it.

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    When I renewed mine in Chesapeake I called on the 45th day and was told the judge has signed and they'll be mailing it out. This would have course made it over 45 days. Since I didn't live far I drove out to get it. I have heard many times Chesapeake is an anti gun city. If a judge is sitting on it for the 45th day this needs to be looked into.

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    Louisa County is waiting until the very last day as well before calling to say it is ready to be picked up. To add insult to injury they calling right at the end of the business day.
    But it is within the 45 day window so like everything else in dealing with a government entity.....bend over and take it.

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    Funny thing is my wife got her's pretty quick. Not to get to much off topic but when a co worker applied for a carry permit in Suffolk the clerk old him that the judge may want to talk to him. He asked why and was told that sometimes he does that.

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    Toad wrote:
    Louisa County is waiting until the very last day as well before calling to say it is ready to be picked up. To add insult to injury they calling right at the end of the business day.
    I have to disagree with that. My nephew renewed his permit in Louisa county, and he had his permit in hand in about 2.5 weeks.


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    I got mine before 45 days but it wasn't effective for another week anyways. Even if you get it before 45 days you have to wait before it is good.

    It may just be a way for them to give you time to F up so that they can deny you the permit. Or they could just be trying to make it as difficult as possible for you to do what they can within the law to discourage people from applying. Or it could be something completely different and perhaps they have some sort of a logical explanation.

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    They don't like the fact that anybody can apply for a concealed handgun permit.

    They don't like the fact that they HAVE to issue a permit under Virginia law, unless you're disqualified from gun possession or otherwise don't meet the criteria spelled out in 18.2-308.

    They don't like the fact that they can't deny your permit for any silly reason they come up with, and then lord that power over you.

    The only thing they can do legally is deny your permit for as long as legally allowed: 45 days, so they're going to do exactly that. Maybe even call you at 4:59 PM on the 45th day as they're locking the door to the courthouse so you can't possibly pick it up until the next day. And they think they're helping reduce crime! What morons!

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    As long as your friend is not denied.... whats the issue? He'll get it, whether it takes 45 days or 22 days. Order something online and they say, order processed in 3-5 business days and shipping takes 7-10 business days, so you call the company 15 days after you place your order when it doesnt arrive. You don't call them up 7 1/2 days after you place your order and say,,, where is my order! If he doesnt receive his CHPon day 45 then he can show up at the clerks office on day 46 and get a copy of the one mailed (if he was approved) or get a temporary (cause its taking over 45 days for some reason) until its approved or denied. Plus, WOW, he has the right to open carry until then. Seems people are way to quick to jump the gun and complain about how long the process takes. Be glad that we in Virginia HAVE a process and that it works.

    My .02

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    AJG wrote:


    As long as your friend is not denied.... whats the issue? He'll get it, whether it takes 45 days or 22 days. Order something online and they say, order processed in 3-5 business days and shipping takes 7-10 business days, so you call the company 15 days after you place your order when it doesnt arrive. You don't call them up 7 1/2 days after you place your order and say,,, where is my order! If he doesnt receive his CHPon day 45 then he can show up at the clerks office on day 46 and get a copy of the one mailed (if he was approved) or get a temporary (cause its taking over 45 days for some reason) until its approved or denied. Plus, WOW, he has the right to open carry until then. Seems people are way to quick to jump the gun and complain about how long the process takes. Be glad that we in Virginia HAVE a process and that it works.

    My .02
    Agreed.

    As noted in another thread, mine arrived yesterday here in Fairfax County on day 41.

    At least Va is not like Nv, with a 120 day window. Utah has a 60 day window.

    Yes, we all want it now, but it is sweet when it arrives. Be patient.

    My $.02 also.

    Carl

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    Here's the thing AJG and Bill in VA. If the permit is ready within the 45 day limit, it should be issued when its ready. This just another case of the government screwing with gun owners. Bill in VA you're confusing needs, wants and rights. We as Americans have the right to own, carry and use firearms and the fact that we have to even ask the government for the permission to CC is a violation of our civil rights.

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    Petersburg clerk Benjamin Scott will not issue temporary permit, search my username for my thread on their dealings.



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    I had a friend get one in Va Beach in like 2 weeks

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    YEP... I got mine in VaBch in 17days. But I wanst expecting to get it that soon either. Virginia Beach is one of the better ones that issue them when they've been approved.

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    Chesapeake has a few judges who are well known for holding CHP applications until the last day. This gives Chesapeake the impression of being a gun-unfriendly city. While I can't speak for the Mayor or City Council, I can tell you that it's a good thing that Virginia is a "Shall-Issue" state.

    A number of de facto permits have been issued in Chesapeake due to the anti-gun stance of these judges, and if they could get away with denying permit applications, they would have a special stamp made and have their clerks simply stamp DENIED on all the applications as they came in.

    Virginia Beach has much friendlier judges. Fourteen day average for CHP applications.

    To those who say "be content as long as you get the permit," I would simply remind you that it is a small step from "Shall-Issue" to "May-Issue," and another small step from "May-Issue" to "Right-Denied." When judges show contempt for the law, the only real means for holding them accountable is through a bar-ethics investigation. And good luck getting a bar-panel made up of wannabe judges to agree that a judge has abused his/her authority without clear and convincing evidence.

    Fortunately, Virginia has the de facto permit as a recourse for people who have their CHP end up in front of an unfriendly judge. Not every state is as fortunate.

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    1stAmendmentAtty wrote:
    To those who say "be content as long as you get the permit," I would simply remind you that it is a small step from "Shall-Issue" to "May-Issue," and another small step from "May-Issue" to "Right-Denied." When judges show contempt for the law, the only real means for holding them accountable is through a bar-ethics investigation. And good luck getting a bar-panel made up of wannabe judges to agree that a judge has abused his/her authority without clear and convincing evidence.
    In your opinion it might be a small step from MAY ISSUE, but the fact of the matter is we are a "Shall Issue" state and we are a Open Carry State as well. The fact of the matter is, any applicants will get their permits as long as they are eligible and until you are issued your CHP, you have the right to open carry. There are no rights being withheld, there is no abuse of power by the judicial system because they take the entire 45 days. There Is something wrong with a City Clerk for not issuing a "Certified Copy" of a persons application that hasnt been approved after the 45days though.... that I agree with.

    Its really a bit irritating to read posts about people calling up to find out about their applications prior to the 45 days authorized by law to hav eit issued.... Why havent I got it???? When will it get here???? For christ sakes.... open carry until it gets here...

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    AJG wrote:
    In your opinion it might be a small step from MAY ISSUE, but the fact of the matter is we are a "Shall Issue" state and we are a Open Carry State as well. The fact of the matter is, any applicants will get their permits as long as they are eligible and until you are issued your CHP, you have the right to open carry. There are no rights being withheld, there is no abuse of power by the judicial system because they take the entire 45 days. There Is something wrong with a City Clerk for not issuing a "Certified Copy" of a persons application that hasnt been approved after the 45days though.... that I agree with.
    My point is that for a judge to withhold approval of CHP applicaitons past 45 dayson a consistent basis may be an abuse of authority. Virginians are fortunate to have the de facto permit portion of the Virginia code to compensate for the discretion that judges can exercise. But if the Commonwealth slips futher into the blue at the conclusion of future elections, we may very well see a renewed assault on the Second Amendment, including restrictions on the right to carry, open or concealed.

    Just as the judges have the right to hold piles of CHP applications on their desks right up until day 45, applicants have the right to complain about it. The least we can do as fellow supporters of the Second Amendment is to give them a passable Slick Willie impression and tell them, "I feel your pain!"

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    I agree.... we all have points and have the right to express them!And its great to be able to have interaction!

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    +1 on VB being quick!A couple years back, I droppedmy application off on March 3rd, it was issued March 5th and I received it in the mail on march 8th!!!!I know that is not the norm thou (just had to brag hehehe!)!

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    IANAL, but in my humble opinion, a judge that holds the permit the full 45 days for no reason actually related to the process is not acting within the spirit of the law. In my non-legal opinion, the law allows a 45 day window in which to complete the activities required to issue the permit, not to define a mandatory waiting time before you may be granted a permit.

    Although they are not breaking the law, it certainly would appear that they are throwing a judicial tantrum and inhibiting the process as far as they can without getting their hand slapped.

    These are not the kind of judges we need.

    TFred


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    AJG wrote:
    1stAmendmentAtty wrote:
    To those who say "be content as long as you get the permit," I would simply remind you that it is a small step from "Shall-Issue" to "May-Issue," and another small step from "May-Issue" to "Right-Denied." When judges show contempt for the law, the only real means for holding them accountable is through a bar-ethics investigation. And good luck getting a bar-panel made up of wannabe judges to agree that a judge has abused his/her authority without clear and convincing evidence.
    In your opinion it might be a small step from MAY ISSUE, but the fact of the matter is we are a "Shall Issue" state and we are a Open Carry State as well. The fact of the matter is, any applicants will get their permits as long as they are eligible and until you are issued your CHP, you have the right to open carry. There are no rights being withheld, there is no abuse of power by the judicial system because they take the entire 45 days. There Is something wrong with a City Clerk for not issuing a "Certified Copy" of a persons application that hasnt been approved after the 45days though.... that I agree with.

    Its really a bit irritating to read posts about people calling up to find out about their applications prior to the 45 days authorized by law to hav eit issued.... Why havent I got it???? When will it get here???? For christ sakes.... open carry until it gets here...
    Wow!!! You need to realize that they (the Government) works for us, and not the other way around. A bit irritating that people dare question the agents of the government of why my paperwork to exercise my GOD given rights isn't here yet!!! I would like to see if you and Bill in VA had the same attitude if a judge handed down a very light sentenence to someone that did harm to you or your family. Also some people may not want to OC. Did you ever think of that???????

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