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Thread: Arlington CHP Overdue

  1. #1
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    Hello everyone. This is my first post. I've been reading this forum while I wait for my CHP. It is currently overdue - 49 days and still no permit, defacto or otherwise.

    I tried open carrying once, mostly to test my rig - that was before I learned of the gun free school zone act. Although I encountered no issues, I do live around the corner from Wakefield High School and well within the 1000' school zone.
    Not wanting to be a test case, I've decide to wait for the chp. This brings me to my question : What is wrong with Arlington and do I have any standing to make some kind of complaint?
    Reading the VCDL website, I see I should write a letter to the Chief Justice. I'm painfully trying to draft that now.
    Does anyone have any recent experience with a chp from Arlington? Is this normal? Any further recomendations?
    Thank You. Semper Fi.

  2. #2
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    After 45 days by state law they are required to give you a temporary permit.

    Go down to where you applied and ask for it.

    Unfortunately a lot of cities make you wait for the whole 45 days. Not because it actually takes that long, but because they have contempt for people carrying and they are gonna make you wait as long as they can.

    In some VA cities it takes 10 days and you get your permit.

    Also, welcome to the site.

  3. #3
    Regular Member ProShooter's Avatar
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    Dispatcher wrote:
    After 45 days by state law they are required to give you a temporary permit.

    Go down to where you applied and ask for it.
    +1 Actually, go down and DEMAND it.
    James Reynolds

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  4. #4
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    ProShooter wrote:
    Dispatcher wrote:
    After 45 days by state law they are required to give you a temporary permit.

    Go down to where you applied and ask for it.
    +1 Actually, go down and DEMAND it.
    No - call them and demand they "send" you the de facto permit as required by law, 18.2-308.

  5. #5
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    I went to the courthouse this morning and inquired about my permit. The clerk was incredulous. She said, "you only applied for it on March 31?" "It won't be ready yet, we'll call you when it is."
    I asked about the temporary permit and she seemed annoyed but told me to have a seat because it will take awhile. While not at all rude, she was clearly not happy about issuing the temp.
    Now I have the temporary (defacto) permit and hope the permanent one shows up before this one expires (90 days).
    I hope that if I have to present the temp, which is just a copy of my application stamped to indicate it is over the 45 day period, a LEO will respect it. I know they have to but it may become a training experiences for all involved :?


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    Regular Member TFred's Avatar
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    mdinnie wrote:
    I went to the courthouse this morning and inquired about my permit. The clerk was incredulous. She said, "you only applied for it on March 31?" "It won't be ready yet, we'll call you when it is."
    I asked about the temporary permit and she seemed annoyed but told me to have a seat because it will take awhile. While not at all rude, she was clearly not happy about issuing the temp.
    Now I have the temporary (defacto) permit and hope the permanent one shows up before this one expires (90 days).
    I hope that if I have to present the temp, which is just a copy of my application stamped to indicate it is over the 45 day period, a LEO will respect it. I know they have to but it may become a training experiences for all involved :?
    Well I am incredulous that the clerk was incredulous that you called them on routinely breaking the law! Someone needs to light a fire under some of those folks...

    TFred

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    TFred wrote:
    mdinnie wrote:
    I went to the courthouse this morning and inquired about my permit. The clerk was incredulous. She said, "you only applied for it on March 31?" "It won't be ready yet, we'll call you when it is."
    I asked about the temporary permit and she seemed annoyed but told me to have a seat because it will take awhile. While not at all rude, she was clearly not happy about issuing the temp.
    Now I have the temporary (defacto) permit and hope the permanent one shows up before this one expires (90 days).
    I hope that if I have to present the temp, which is just a copy of my application stamped to indicate it is over the 45 day period, a LEO will respect it. I know they have to but it may become a training experiences for all involved :?
    Well I am incredulous that the clerk was incredulous that you called them on routinely breaking the law! Someone needs to light a fire under some of those folks...

    TFred
    "You expect me to follow the law, don't you? Well, I expect YOU to follow it, too."

    Darn .gov workers think they hae carte blanche to do whatever they like.

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    Regular Member MSC 45ACP's Avatar
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    Perhaps you should ask the clerk if they routinely break the law or if there is some REAL reason your permit is delayed.
    "If I know that I am headed for a fight, I want something larger with more power, preferably crew-served.
    However, like most of us, as I go through my daily life, I carry something a bit more compact, with a lot less power."
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  9. #9
    Regular Member TFred's Avatar
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    Maybe this would be an excellent place to carry in a digital voice recorder... record the clerk's exasperation at being held to account, then send a nice CD recording and transcript of the conversation to the presiding judicial officials that Mike mentions from time to time. Might make for some interesting action...

    TFred


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    mdinnie wrote:
    I went to the courthouse this morning and inquired about my permit. The clerk was incredulous. She said, "you only applied for it on March 31?" "It won't be ready yet, we'll call you when it is."
    I asked about the temporary permit and she seemed annoyed but told me to have a seat because it will take awhile. While not at all rude, she was clearly not happy about issuing the temp.
    Now I have the temporary (defacto) permit and hope the permanent one shows up before this one expires (90 days).
    I hope that if I have to present the temp, which is just a copy of my application stamped to indicate it is over the 45 day period, a LEO will respect it. I know they have to but it may become a training experiences for all involved :?
    Bravo Zulu to you!

  11. #11
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    mdinnie wrote:
    I went to the courthouse this morning and inquired about my permit. The clerk was incredulous. She said, "you only applied for it on March 31?" "It won't be ready yet, we'll call you when it is."
    I asked about the temporary permit and she seemed annoyed but told me to have a seat because it will take awhile. While not at all rude, she was clearly not happy about issuing the temp.
    It would have been much better if you had filed a mandamus action against the Clerk in Circuit court - can you imagine the civil intake clerk's eyes?

    Really folks - until one of us steps up to the plate and on day 46 files suit against the clerk, and gets the whole thing in the newspapers, this crap is going to continue.

  12. #12
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    And darnit, the Clerk is supposed to "send" you the de facto permit!

  13. #13
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    As with my Permit in Arlington, you will now magically have your permit by Friday... dare you to call Thursday.... also get it laminated at USA COPY on Wilson, they seem to be on our side.

  14. #14
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    Thanks for the feedback everyone !

    Reassured by my new (defacto) chp, I open carried at Harris Teeter's in Shirlington tonight. (i know a permit is not required to OC but I live within a school zone and wanted to be careful in regards to the gfsza). I don't think anyone even noticed. If they did, they probably assumed I was a cop. I still wear a regulation haircut.

    I want to make an OC dinner but this Thursday's, at Whitlows, is during a softball game (I'm the coach - absolutely can't miss it). I hope to make the next one.

    Mike, what is a Mandamus action and will I need penicillin ?

    But seriously, here is my unfortunate confession:
    I want the chp sooner rather than later. My current line of thought is that if I gently push the machine, I will get to my short term goal. In doing so, I admit, I am not advancing the larger cause. So, I called at day 46 and showed up on day 50. Now I have the legal right to step off my property in possesion of a firearm.

    I'm willing to stir the pot once I have the 5yr permit in my hand. I just don't know precisley how.



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    If it is like the CoC office in Hampton you have to go through the metal detector to get to the CoC office and cannot carry a recording device beyond the metal detector.
    Revelation 1911 - And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

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    MSC 45ACP wrote:
    Perhaps you should ask the clerk if they routinely break the law or if there is some REAL reason your permit is delayed.
    Should also have asked why they take over 45 days when a lot of other Circuit Courts can issue permits in less than 2 or 3weeks.
    Revelation 1911 - And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

  17. #17
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    FryFry,
    You are psychic ! I just got a call from the circuit court and my permit is magically ready :shock:


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    mdinnie wrote:
    Mike, what is a Mandamus action
    I think that is the name of the action you would bring in Circuit court to force the Clerk of Court to perform a ministerial action such as issuing the de facto pemrit.

  19. #19
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    mdinnie wrote:
    Now I have the legal right to step off my property in possesion of a firearm.
    huh? You could always open carry off your property.

    But did you know it is illegal to conceal a handgun in Virginia even on your or other's private property (except place of abode within its curtilage) unless you have a CHP?

  20. #20
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    mdinnie wrote:
    But seriously, here is my unfortunate confession:
    I want the chp sooner rather than later. My current line of thought is that if I gently push the machine, I will get to my short term goal. In doing so, I admit, I am not advancing the larger cause. So, I called at day 46 and showed up on day 50. Now I have the legal right to step off my property in possesion of a firearm.

    I'm willing to stir the pot once I have the 5yr permit in my hand. I just don't know precisley how.
    Here is the problem - once you have your CHP, you have no standing to demand your de facto CHP so you now can do nothing on this issue.

    What we need are people who live for the day the Clerk of Court failes to "send" the de facto permit on day 46. This is the only way to do what need to do to put an end to Clerk foot dragging - sue them and get their face in the newspaper.

  21. #21
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    Mike wrote:

    But did you know it is illegal to conceal a handgun in Virginia even on your or other's private property (except place of abode within its curtilage) unless you have a CHP?
    Do you have a cite for that? I heard is was legal on your own property but I could have heard wrong.

  22. #22
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    ravonaf wrote:
    Mike wrote:

    But did you know it is illegal to conceal a handgun in Virginia even on your or other's private property (except place of abode within its curtilage) unless you have a CHP?
    Do you have a cite for that? I heard is was legal on your own property but I could have heard wrong.
    That's what ยง 18.2-308 says, but I think you missed (as I did, originally) a key phrase that Mike included. Let me requote with different bolding:

    Mike wrote:
    But did you know it is illegal to conceal a handgun in Virginia even on your or other's private property (except place of abode within its curtilage) unless you have a CHP?
    This means in your house and, basically, your yard (the area immediately surrounding your house).

    But if you own a farm, for instance, you can't legally carry concealed on it without a permit.

    ETA the link that I originally forgot to go back and add.

  23. #23
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    TexasNative wrote:
    But did you know it is illegal to conceal a handgun in Virginia even on your or other's private property (except place of abode within its curtilage) unless you have a CHP?
    This means in your house and, basically, your yard (the area immediately surrounding your house).
    No way - the whole yard? No, only the very inner samctim of property around your house - like within a few feet and behind a fence or hedges on on your porch or deck - curtilage is a vey vague term, and is not meant to encompass your whole yard.Good grief man - its only your curtilage!:shock:

  24. #24
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    Mike wrote:
    mdinnie wrote:
    Now I have the legal right to step off my property in possesion of a firearm.
    huh? You could always open carry off your property.

    But did you know it is illegal to conceal a handgun in Virginia even on your or other's private property (except place of abode within its curtilage) unless you have a CHP?
    Thanks Mike.
    I meant because of the gun free school zone act and a lack of CHP, I could not step off my property because I live within the 1000 ft school zone.

  25. #25
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    Mike wrote:
    No way - the whole yard? No, only the very inner samctim of property around your house - like within a few feet and behind a fence or hedges on on your porch or deck - curtilage is a vey vague term, and is not meant to encompass your whole yard.Good grief man - its only your curtilage!:shock:
    Is that how it's defined in Virginia, Mike? Because it's certainly not defined that restrictively everywhere.

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