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Thread: Quick CC Permit question...

  1. #1
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    I know they get 45 days (and Prince William county stated that they would be using all 45 :-/) to complete or deny my concealed carry permit but would like to know if they go with actual days or business days? Because it has now been past 45 actual days since I applied. (I'm hoping that it's actual days and that bad boy is in the mail)

    thanks for the help guys!

  2. #2
    Regular Member SouthernBoy's Avatar
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    I'm pretty certain its 45 "week" days not business days. If you have gone past that, consider requesting a temporary permit.


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  3. #3
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    It's past 45 days as of yesterday if you count every single day since I put in the papers. Time to call...

  4. #4
    Regular Member CRF250rider1000's Avatar
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    Go get your temporary permit and ask them what gives

  5. #5
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    If it's not in the mailbox today, it is time for you to call/visit the Civil Intake for your county. It is their responsibility to inform you within the prescribed timeframe, as they shall issue within 45 days (calendar days, not week days) of receipt of your application.

    You may request a time-stamped copy of your application to serve as your de-facto permit until they come to a determination of whether you've been granted or denied.

    <SNIP>

    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-308

    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.

    If the court has not issued the permit or determined that the applicant is disqualified within 45 days of the date of receipt noted on the application, the clerk shall certify on the application that the 45-day period has expired, and send a copy of the certified application to the applicant. The certified application shall serve as a de facto permit, which shall expire 90 days after issuance, and shall be recognized as a valid concealed handgun permit when presented with a valid government-issued photo identification pursuant to subsection H, until the court issues a five-year permit or finds the applicant to be disqualified.

    </SNIP>

    Fairfax Co. used 43 days to send me my CHP. Day 45 would have been a Sunday (no postal service.) My wife received hers within 41 days. This was a couple of months ago, when CHP application submissions were at their peak. Not sure what's taking PWC so long... go figure?!?

  6. #6
    Regular Member thnycav's Avatar
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    Isle of wight only took about two weeks to get my permit to me and they said they where being flooding with requests.

  7. #7
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    well I believe that Prince William takes the MAX allotted time ON PURPOSE. but thats just my opinion... gonna give em an office visit tomorrow after work.

  8. #8
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    Did they tell you that why it would take the entire 45 days?

    Was it workload or attitude?

    And the general concensus is that it is 45 calendar days, since the statue does not state calendar days:
    If the court has not issued the permit or determined that the applicant is disqualified within 45 days of the date of receipt noted on the application, the clerk shall certify on the application that the 45-day period has expired, and send a copy of the certified application to the applicant. The certified application shall serve as a de facto permit, which shall expire 90 days after issuance, and shall be recognized as a valid concealed handgun permit when presented with a valid government-issued photo identificationuntil the court issues a five-year permit or finds the applicant to be disqualified. If the applicant is found to be disqualified after the de facto permit is issued, the applicant shall surrender the de facto permit to the court and the disqualification shall be deemed a denial of the permit and a revocation of the de facto permit. If the applicant is later found by the court to be disqualified after a five-year permit has been issued, the permit shall be revoked.

  9. #9
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    When I applied, I applied with full knowledge that there was the 45 day thing. When I handed the lady all my paperwork and payment, she said "It will take 45 days..." not "it could take up to 45 days" but WILL. To me that sounds like they do it on purpose.

  10. #10
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    This is what the Commonwealth uses regarding time.

    § 1-210. Computation of time.
    A. When an act of the General Assembly or rule of court requires that an act be performed a prescribed amount of time before a motion or proceeding, the day of such motion or proceeding shall not be counted against the time allowed, but the day on which such act is performed may be counted as part of the time. When an act of the General Assembly or rule of court requires that an act be performed within a prescribed amount of time after any event or judgment, the day on which the event or judgment occurred shall not be counted against the time allowed.
    B. When the last day for performing an act during the course of a judicial proceeding falls on a Saturday, Sunday, legal holiday, or any day or part of a day on which the clerk's office is closed as authorized by an act of the General Assembly, the act may be performed on the next day that is not a Saturday, Sunday, legal holiday, or day or part of a day on which the clerk's office is closed as authorized by an act of the General Assembly.
    C. When an act of the General Assembly specifies a maximum period of time in which a legal action may be brought and the last day of that period falls on a Saturday, Sunday, legal holiday, or day or part of a day on which the clerk's office is closed as authorized by an act of the General Assembly, the action may be brought on the next day that is not a Saturday, Sunday, legal holiday, or day or part of a day on which the clerk's office is closed as authorized by an act of the General Assembly.
    D. Any court or proceeding authorized to be adjourned from day to day shall not be required to meet on a Sunday or legal holiday.
    (Code 1919, § 5; 1932, p. 24; Code 1950, § 1-13; 1950, pp. 21, 23, §§ 1-13.3, 1-13.27; 1962, cc. 104, 284, § 1-13.3:1; 1977, c. 93; 1986, c. 166; 1987, c. 92; 2005, c. 839; 2008, c. 816.)


  11. #11
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    PeteXD wrote:
    It's past 45 days as of yesterday if you count every single day since I put in the papers. Time to call...
    its 45 days; but if the last day is a weekend or Holiday, then they get till the end of the next duty day.

    You should demand that the clerk of court "send" you a defacto permit immediately - don;t go there, just demand it be sent - if not, file a mandamus action in circuit court to compell her to issue the de facto eprmit. see 18.2-308 re de facto permits.



  12. #12
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    Quoted from VCDL's Website:
    http://www.vcdl.org/static/ccw.html

    If you are having a problem with getting your permit or de facto permit, the Circuit Courts in Virginia are supervised by the Chief Justice of the Virginia Supreme Court and he has expressed concerns about the way the various Circuit Courts have been flagrantly violating the law. It is strongly suggested that you complain directly to him. Be polite and provide as much detail as possible - names, dates, comments made by officials, documents provided by officials, etc.:

    Chief Justice
    Supreme Court of Virginia
    100 North Ninth Street, Fifth Floor
    Richmond, VA 23219

  13. #13
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    I might go ahead and send a nice letter to the head man.

    other than that, they got in touch with me today and said it was gonna be dropped in the mail today. I said eff that and went and picked it up as I had waited long enough already. Went and got it today after work.

    thanks for the help all!

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