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Thread: Fairfax County CHP Process

  1. #1
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    I have a couple of questions about getting a CHP in Fairfax County. I did a quick search of the forum and didn't see an answer.

    1. Do I need to have the form notarized before taking it to the Clerk's office or is it signed/notarized there?
    2. Does it make any difference what documentation I use to prove residency? I was planning to use my voter registration card. I already shredded my utility bills from last month so I'd have to wait until next month to apply if I use a bill...
    Thanks!

  2. #2
    Regular Member ProShooter's Avatar
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    jbp114 wrote:
    1. Do I need to have the form notarized before taking it to the Clerk's office or is it signed/notarized there?
    The clerk accepting the app will notarize it. They'll ask you to raise your right hand and "swear or affirm that all information contained herein is true and accurate to the best of your knowledge and belief".
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    There is no statutory requirement to prove residency other than to show your Virginia drivers permit. Do not let them force you to provide extra-legal requirements. Make them obey the law.

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    kaiheitai17 wrote:
    There is no statutory requirement to prove residency other than to show your Virginia drivers permit. Do not let them force you to provide extra-legal requirements. Make them obey the law.
    That's twice I heard someone say that on two different forums. Is Virginia trying to say if you are not a legal driver you can't carry a concealed handgun?

    Is there a cite somewhere that says you must have a VA drivers license to prove residence?


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    Unless the law specifically calls for a Virginia Driver's License, you should be able to use a Virginia-issued ID Card (DMV issues them).

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    kaiheitai17 wrote:
    There is no statutory requirement to prove residency other than to show your Virginia drivers permit. Do not let them force you to provide extra-legal requirements. Make them obey the law.
    +1


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    Here's the extent of the law regarding residency, quoting only the part that seems to me to be relevant:

    There shall be no requirement regarding the length of time an applicant has been a resident or domiciliary of the county or city. The application shall be made under oath before a notary or other person qualified to take oaths and shall be made only on a form prescribed by the Department of State Police, in consultation with the Supreme Court, requiring only that information necessary to determine eligibility for the permit.
    There doesn't seem to be any proof of residency required. It appears to my layman's eye that your "proof of residency" is your oath that information on the application is accurate.

    ~ Boyd

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    From the Court's POV, how about this:

    "Any person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he resides, or if he is a member of the United States Armed Forces, the county or city in which he is domiciled, for a five-year permit to carry a concealed handgun."

    So a Clerk can't issue a person who is not a county or city resident, therefore they'd need proof that you were a resident. The code Boyd quotes above puts no requirement on length of residency, so you could have picked up your license or lease (which is what I used) that morning and gone directly to the Clerk's Office. Local Clerks aren't able to issue non-resident permits; you have to go through the State Police in Richmond for those.

    I didn't show my DL for my CHP. I showed no photo ID at all.

  9. #9
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    RedKnightt wrote:
    So a Clerk can't issue a person who is not a county or city resident, therefore they'd need proof that you were a resident.
    IANAL, but I don't think that's true. The law doesn't say you have to prove residency, so your oath that the address on your application is accurate should suffice under the law.

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    IANAL also, but i disagree:

    Any person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he resides
    sothe application needs to be applied where you reside:

    requiring only that information necessary to determine eligibility for the permit.
    if residence (regardless of length) is an eligibility requirement, than some information is necessary for the clerk to make that determination. thus, some sort of document that establishes that residence.. i used a water bill..

    :shrug:

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    TexasNative is correct; the oath in front of the Notary is where you swear that the residency listed on the application is yours. It is not necessary to have the application notarized at the Court; I had my last renewal in Virginia Beach notarized at a Pak 'n Post, then took it down with $50 cash to the VBPD and turned it in without showing any ID. I just handed it to her through the window, and turned and walked away. My new permit was mailed to me. There is NO requirement to show ID to the clerk at the courthouse or the police department if you are turning in an application that is already notarized. Hell, you don't even have to be the one to drop it off; your wife could do it for you. 308 says the application must be made "in writing"; it doesn't say "in person".

    Mind you, you WILL have to show some ID to the notary at whatever place you go for their services; that's in the Notary Handbook and they are required to see SOMETHING.

  12. #12
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    Then it seems like the ID is needed during the Notary phase of the application, where you swear the documents are correct. Seems like a indirect way of doing it, but that's hardly unusual for government :P



  13. #13
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    TexasNative wrote:
    RedKnightt wrote:
    So a Clerk can't issue a person who is not a county or city resident, therefore they'd need proof that you were a resident.
    IANAL, but I don't think that's true. The law doesn't say you have to prove residency, so your oath that the address on your application is accurate should suffice under the law.
    18.2-308.D:

    ...The application shall be made under oath before a notary or other person qualified to take oaths and shall be made only on a form prescribed by the Department of State Police, in consultation with the Supreme Court, requiring only that information necessary to determine eligibility for the permit...(emphasis added)

    ... The court shall issue the permit and notify the State Police of the issuance of the permit within 45 days of receipt of the completed application unless it is determined that the applicant is disqualified...(emphasis added)

    18.2-308.Elists the disqualifications.

    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-308
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  14. #14
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    Citizen wrote:
    18.2-308.D:

    ...The application shall be made under oath before a notary or other person qualified to take oaths and shall be made only on a form prescribed by the Department of State Police, in consultation with the Supreme Court, requiring only that information necessary to determine eligibility for the permit...(emphasis added)

    ... The court shall issue the permit and notify the State Police of the issuance of the permit within 45 days of receipt of the completed application unless it is determined that the applicant is disqualified...(emphasis added)

    18.2-308.Elists the disqualifications.

    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-308
    Hmm.. I like that emphasis.. it seems that the burden of proof is actually on the state to prove you are not a resident. I like that much better.

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