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Arlington CHP Overdue

M

mdinnie

Regular Member
Joined
May 18, 2009
Messages
25
Location
Arlington, Virginia, USA
imported post

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.:cuss:

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.
 
D

Dispatcher

Campaign Veteran
Joined
Mar 1, 2009
Messages
311
Location
Virginia, , USA
imported post

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.
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
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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.
Click to expand...
+1 Actually, go down and DEMAND it. :)
Click to expand...
No - call them and demand they "send" you the de facto permit as required by law, 18.2-308.
 
M

mdinnie

Regular Member
Joined
May 18, 2009
Messages
25
Location
Arlington, Virginia, USA
imported post

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 :?
 
TFred

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
imported post

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 :?
Click to expand...
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
 
G

Glock27Bill

Regular Member
Joined
Mar 6, 2008
Messages
821
Location
Louisa County, Virginia, USA
imported post

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 :?
Click to expand...
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
Click to expand...

"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.
 
TFred

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
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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
 
K

kaiheitai17

Founder's Club Member
Joined
Feb 18, 2007
Messages
619
Location
Islamabad, Pakistan
imported post

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 :?
Click to expand...
Bravo Zulu to you!
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

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.
Click to expand...
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.
 
F

fryfrye

Regular Member
Joined
Mar 5, 2008
Messages
40
Location
Arlington, Virginia, USA
imported post

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.
 
M

mdinnie

Regular Member
Joined
May 18, 2009
Messages
25
Location
Arlington, Virginia, USA
imported post

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 ? :uhoh:

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.
 
M

mobeewan

Regular Member
Joined
Oct 5, 2007
Messages
652
Location
Hampton, Va, ,
imported post

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.
 
M

mobeewan

Regular Member
Joined
Oct 5, 2007
Messages
652
Location
Hampton, Va, ,
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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.
Click to expand...
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.
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
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mdinnie wrote:
Now I have the legal right to step off my property in possesion of a firearm.
Click to expand...
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?
 
M

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

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.
Click to expand...

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.
 
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