Results 1 to 13 of 13

Thread: Problem with CHP Renewal

  1. #1
    Activist Member Wolf_shadow's Avatar
    Join Date
    Jul 2006
    Location
    Accomac, Virginia, USA
    Posts
    1,213

    Post imported post

    I went to the Accomack Court Clerk's office today to take in my renewal application. I handed the lady the application along with a photo copy of my current CHP. The conversation went:

    C) You need to put your SS # on here.

    M) No that is not required.

    C) That's what they use for the back ground check.

    M) They can do a back ground check without it.

    C) Do you have fingerprint cards?

    M) No not required for renewal.

    C) When does you permit expire?

    M) 4/10/2010

    C) It's too early?

    M) I'm applying within 90 to 180 day rule under 18.2-308 I.

    C) OK but they may not process it.

    M) I'm not trying to be hard to get along with, I'm only doing what the law says.

    C) I'm just saying what he has told us.

    M) is Sam here?

    C) No.

    M) If he has a problem have him call me.

    My Calendar is marked for 45 days from now. If I havent received new permit or it comes in with wrong effective date I'll go back. The Clerk knows me and if there is a problem we'll fix it. I'm hooping the problem is the person at the desk. I would hope Sam knows better.


    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



  2. #2
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,604

    Post imported post

    Good show and the clock is indeed ticking.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  3. #3
    Activist Member Wolf_shadow's Avatar
    Join Date
    Jul 2006
    Location
    Accomac, Virginia, USA
    Posts
    1,213

    Post imported post

    Actually calendar marked at 47 days 45 days is Saturday(court closed). But will advise what happens.
    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



  4. #4
    Accomplished Advocate user's Avatar
    Join Date
    Feb 2009
    Location
    Northern Piedmont of Virginia
    Posts
    2,373

    Post imported post

    So I take it the clerk accepted the application notwithstanding the confusion? That is what they're supposed to do, as the person filing the document is the one taking the risk that he's done something wrong. Was this The Clerk or a deputy?
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

  5. #5
    Activist Member Wolf_shadow's Avatar
    Join Date
    Jul 2006
    Location
    Accomac, Virginia, USA
    Posts
    1,213

    Post imported post

    A deputy I hope the clerk knows the correct code. If not I'm sure it won't take long to fix. He knows me I'm a Town Councilman for Accomac, which is the county seat among other things.


    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



  6. #6
    Regular Member
    Join Date
    Dec 2009
    Location
    , North Carolina, USA
    Posts
    123

    Post imported post

    You can refuse to provide a social security number and a government agency cannot refuse to provide you a service of benefit.
    You can refuse to provide a SSN to a private business and they can make the choice to do business with you or not.
    The CHP is issued by the STATE and that is a government agency.


    Privacy Act (P.L. 93-579) enacted effective September 27, 1975 to limit governmental use of the SSN:

    Provided that no State or local government agency may withhold a benefit from a person simply because the individual refuses to furnish his or her SSN.
    Required that Federal, State and local agencies which request an individual to disclose his/her SSN inform the individual if disclosure was mandatory or voluntary.

    The downside is that if you do not provide it, and they run a BG check by name & DOB only, you might be denied because they have confused you with someone else.

    The NC application states that it is voluntary, but they also include the warning that they may not be able to do a complete BG check if you don't provide it.

  7. #7
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,604

    Post imported post

    Rugerp345 wrote:
    You can refuse to provide a social security number and a government agency cannot refuse to provide you a service of benefit.
    You can refuse to provide a SSN to a private business and they can make the choice to do business with you or not.
    The CHP is issued by the STATE and that is a government agency.


    Privacy Act (P.L. 93-579) enacted effective September 27, 1975 to limit governmental use of the SSN:

    Provided that no State or local government agency may withhold a benefit from a person simply because the individual refuses to furnish his or her SSN.
    Required that Federal, State and local agencies which request an individual to disclose his/her SSN inform the individual if disclosure was mandatory or voluntary.

    The downside is that if you do not provide it, and they run a BG check by name & DOB only, you might be denied because they have confused you with someone else.

    The NC application states that it is voluntary, but they also include the warning that they may not be able to do a complete BG check if you don't provide it.
    In Va. your social security number cannot be required. Good thing to as permits are a matter of public record.

    I think the statement that no social security number may slow up the process is pure BS - NCIS does not require it in any event.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  8. #8
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    Wolf_shadow wrote:
    I went to the Accomack Court Clerk's office today to take in my renewal application. I handed the lady the application along with a photo copy of my current CHP. The conversation went:

    C) You need to put your SS # on here.

    M) No that is not required.

    C) That's what they use for the back ground check.

    M) They can do a back ground check without it.

    C) Do you have fingerprint cards?

    M) No not required for renewal.

    C) When does you permit expire?

    M) 4/10/2010

    C) It's too early?

    M) I'm applying within 90 to 180 day rule under 18.2-308 I.

    C) OK but they may not process it.

    M) I'm not trying to be hard to get along with, I'm only doing what the law says.

    C) I'm just saying what he has told us.

    M) is Sam here?

    C) No.

    M) If he has a problem have him call me.

    My Calendar is marked for 45 days from now. If I havent received new permit or it comes in with wrong effective date I'll go back. The Clerk knows me and if there is a problem we'll fix it. I'm hooping the problem is the person at the desk. I would hope Sam knows better.

    Just pray it is denied so you can appeal or sue them

    Also, why don't you lobby your County Supervisors to repeal the fingerprint ordinance - most localities do not print at all.

  9. #9
    Activist Member Wolf_shadow's Avatar
    Join Date
    Jul 2006
    Location
    Accomac, Virginia, USA
    Posts
    1,213

    Post imported post

    Mike

    I thought about that but haven't had the time yet. Been trying to get to the clerks office for three weeks and just made it.
    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



  10. #10
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    Wolf_shadow wrote:
    I thought about that but haven't had the time yet.
    Email your county supervisor and see if she would like to understand theissue - they are throwing money out the door by paying the FBI for prints.

  11. #11
    Activist Member Wolf_shadow's Avatar
    Join Date
    Jul 2006
    Location
    Accomac, Virginia, USA
    Posts
    1,213

    Post imported post

    Update - They cashed the check so now I wait and see. Maybe it was just a confused assistant clerk.:quirky
    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



  12. #12
    Activist Member Wolf_shadow's Avatar
    Join Date
    Jul 2006
    Location
    Accomac, Virginia, USA
    Posts
    1,213

    Post imported post

    Update - received new CHP Issue date 01/13/2010 expireation date of 01/12/2015 intead of the 04/10/2010 and 04/09/2015 it should have.

    Sent email to the Court Clerk requesting correction:

    On 9 December 2009 I submitted my application for renewal of my Concealed Handgun Permit (CHP). This was 122 days prior to the expiration date of my current CHP of 10 April 2010. (PDF image of canceledcheck attached)

    I submitted my applicationunder the current Virginia code 18.2-308 (I) which states in part:

    "If the new five-year permit is issued while an existing permit remains valid, the new five-year permit shall become effective upon the expiration date of the existing permit, provided that the application is received by the court at least 90 days but no more than 180 days prior to the expiration of the existing permit."

    Under 18.2-308 (I) the effective date of my new CHP should be 04/10/2010 with an expiration date of 04/09/2015not the dates of 01/13/2010 and 01/12/2010shown on the CHP I received.

    Pleasecontact me on (757) XXX-XXXX at your convenienceso we can correct this issue.
    We'll see what happens next.
    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



  13. #13
    Regular Member 2a4all's Avatar
    Join Date
    Oct 2008
    Location
    Newport News, VA, ,
    Posts
    1,586

    Post imported post

    Grapeshot wrote:
    Rugerp345 wrote:
    You can refuse to provide a social security number and a government agency cannot refuse to provide you a service of benefit.
    You can refuse to provide a SSN to a private business and they can make the choice to do business with you or not.
    The CHP is issued by the STATE and that is a government agency.


    Privacy Act (P.L. 93-579) enacted effective September 27, 1975 to limit governmental use of the SSN:

    Provided that no State or local government agency may withhold a benefit from a person simply because the individual refuses to furnish his or her SSN.
    Required that Federal, State and local agencies which request an individual to disclose his/her SSN inform the individual if disclosure was mandatory or voluntary.

    The downside is that if you do not provide it, and they run a BG check by name & DOB only, you might be denied because they have confused you with someone else.

    The NC application states that it is voluntary, but they also include the warning that they may not be able to do a complete BG check if you don't provide it.
    In Va. your social security number cannot be required. Good thing to as permits are a matter of public record.

    I think the statement that no social security number may slow up the process is pure BS - NCIS does not require it in any event.

    Yata hey
    I'm a fan of the show, but NCIS has nothing to do with Virginia Firearms Laws. I think you mean NICS.

    Sic Semper Tyrranis should include Committee Chairpersons & Speakers of the House

    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •