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CHP application process question

user

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The statute requires only that you fill out the form mandated by the VSP and submit to fingerprinting if the jurisdiction requires it.  You only have to file that form, with fingerprints if required, and your fifty bucks.  
In theory, you could take along a witness to be able to prove that you've tendered your application and fee to the court, take in the single copy, and treat that as filed (leave it on the counter with the check if they won't accept it - they don't have discretion to not accept it - you have an absolute right to file just about anything subject to a determination by a judge whether you should have done so or not).  Then, forty-five days later, check in and demand they issue your temporary permit as required by law.  When they say no, file suit for a writ of mandamus against the clerk of court to require the clerk to do his legal duty.  Good luck with that, by the way.  (I'll take that case on an hourly basis, but I'll want about six thousand dollars up front.)
I always tell people to make at least two duplicate originals anyway - you want a file stamped copy for your records showing the date and time you filed the application.  And  if you have the clerk make the copies for you, they can charge you fifty cents per page.
Every clerk's office in every court in Virginia has slightly different procedures.  It is best to go along with anything they require that does not result in actual prejudice against your interests.  The question is whether you want what you do to be effective, or do you want to be "right".
 

TexasNative

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user wrote:
The statute requires only that you fill out the form mandated by the VSP and submit to fingerprinting if the jurisdiction requires it. You only have to file that form, with fingerprints if required, and your fifty bucks.
Plus "proof that the applicant has demonstrated competence with a handgun." Sorry to get all lawyer-y on ya there. :p

~ Boyd
 

MSC 45ACP

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When I applied for mine, the clerk was very polite and smiled. The surly deputy was the fingerprint guy in the basement. He said his scanner-gizmo was sometimesdifficult and tempermental. As far as the "competency" thing went, they were happy to see my DD-214 and a copy of some Camp Perry results where I did well. I wasn't happy with their copying of my personal papers, though.
She didn't even ask if she could... :cuss:
 

TexasNative

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MSC 45ACP wrote:
She didn't even ask if she could...
Maybe because the law requires a copy of the document submitted as proof.

A photocopy of a certificate of completion of any of the courses or classes; an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document which shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this subsection.
~ Boyd
 

Mike

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MSC 45ACP wrote:
Thanks, Boyd. I forgot about that part.

Can those same records be released to the public for any reason?
Yes - court records are public - any tom, dick, or harry may see them and copy then and post them to the internet - Clerks have option to redact your ssn if you are dumb enough to disclose on the application, but few clerks will do this - John Frey of fairfax County is up front about it - he does not have time or manpower to do this.
 

TexasNative

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I'm pretty sure the DD-214 has your SSN on it, too, but they might bark about redacting it before you give it to them, since it would be an altered copy. I'm sure a discussion with a rational, common-sense, customer service oriented individual in the Clerk's office would be able to figure out a solution that would make everyone happy.

In some offices, though, finding such a person may be difficult.

~ Boyd
 

Mike

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TexasNative wrote:
I'm pretty sure the DD-214 has your SSN on it, too, but they might bark about redacting it before you give it to them, since it would be an altered copy. I'm sure a discussion with a rational, common-sense, customer service oriented individual in the Clerk's office would be able to figure out a solution that would make everyone happy.
You can redact SSN - never heard of a problem; don;t negotiate, force them to accept and deny the application - this lets you appeal and settle their hash forever.
 
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