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Denied my CHP

E

eddyys

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Neplusultra wrote:
Here you go, 18.2-308 E7, this is a list of people who are to be denied, one of the conditions is:

7. An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. Traffic infractions and misdemeanors set forth in Title 46.2 shall not be considered for purposes of this disqualification.


Since your infractions were more than five years ago they CANNOT deny you. But you're going to have to fight them.Give them a black eye for me :^). I'm not sure if you can go directly to the judge or not or just bring this up with the Sheriff, he might be able to get it corrected for you. Quote this section to him.
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Unless those traffic stops were Reckless Driving/Reckless Endangerment then he might have a problem due to the fact those are both misdemeanors.
 
A

aquinob1

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This is a BIG deal and should catch the eye of more senior members. Get your appeal ready!

I would also write a personal letter to the Sherrif, AG, and governor (the other two might be a waste of time though:banghead:)
 
Neplusultra

Neplusultra

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eddyys wrote:
Neplusultra wrote:
Here you go, 18.2-308 E7, this is a list of people who are to be denied, one of the conditions is:

7. An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. Traffic infractions and misdemeanors set forth in Title 46.2 shall not be considered for purposes of this disqualification.


Since your infractions were more than five years ago they CANNOT deny you. But you're going to have to fight them.Give them a black eye for me :^). I'm not sure if you can go directly to the judge or not or just bring this up with the Sheriff, he might be able to get it corrected for you. Quote this section to him.
Click to expand...
Unless those traffic stops were Reckless Driving/Reckless Endangerment then he might have a problem due to the fact those are both misdemeanors.
Click to expand...
Possibly, but he did say the infractions were about 10 years ago and the law states they can only consider misdemeanors going back 5 years prior to the date of the application. PS, actually I just reread his original post and he didn't state when the traffic tickets occured.....
 
Grapeshot

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1000ydshooter

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The last traffic ticket was 2005 may to be exact.i got a ticket for going 10 over the day before i left for Iraq.ive only had 3 speeding tickets in almost 20 yrs.the last legal charge i had was in 2002.that was for a bounced check.still havent learned to balance my checkbook.if it werent for my wife id be screwed.
 
riverrat10k

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Good luck with this shooter, and thank you for your service.

Some of the previous posts seem to give you good ammo.

Perhaps you got a DHS flag also, you know, dangerous returning serviceman and all.
 
1000ydshooter

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Ok just a little up date on whats going on. Still waiting on my sitdown with the sheriff, but do have my hearing on Jan 20th. I got a look at my file and saw a coment on it from the sheriff that "In my opinion the subject would handle a firearm in a manner unsafe to himself and the public." Not sure where he is getting his info from. I can be any worse than some of his own deputies.Few years ago two of them living together got drunk one put on his kevlar and had the other shoot him so he would know what it felt like.They both still work there and both got promoted.
 
TFred

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1000ydshooter wrote:
Ok just a little up date on whats going on. Still waiting on my sitdown with the sheriff, but do have my hearing on Jan 20th. I got a look at my file and saw a coment on it from the sheriff that "In my opinion the subject would handle a firearm in a manner unsafe to himself and the public." Not sure where he is getting his info from. I can be any worse than some of his own deputies.Few years ago two of them living together got drunk one put on his kevlar and had the other shoot him so he would know what it felt like.They both still work there and both got promoted.
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Wow, that's amazing. This might start to attract some real attention.

TFred
 
peter nap

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TFred wrote:
1000ydshooter wrote:
Ok just a little up date on whats going on. Still waiting on my sitdown with the sheriff, but do have my hearing on Jan 20th. I got a look at my file and saw a coment on it from the sheriff that "In my opinion the subject would handle a firearm in a manner unsafe to himself and the public." Not sure where he is getting his info from. I can be any worse than some of his own deputies.Few years ago two of them living together got drunk one put on his kevlar and had the other shoot him so he would know what it felt like.They both still work there and both got promoted.
Click to expand...
Wow, that's amazing. This might start to attract some real attention.

TFred
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Just remember Fred, this may be embarrassing to the Shooter.
The way it sounds and from what I've found, the Sheriff doesn't have anything otrher than a general feeling. That won't fly if the Judge does his job. In a rural area, that can be an issue though.

That Sheriff has been there since 87 and I expect the Good Ol Boy network is alive and kicking.

I wish User would throw his 0.02 in.
 
E

eddyys

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My question is why is the comment in there in the first place. What prompted it in the first place?

Questions is all I have for this one.
 
E

eddyys

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1000ydshooter wrote:
What comment are you refering to?
Click to expand...
I want to know what prompted the sheriff when he put pen to paper to say, "likely to use a weapon unlawfully or negligently to endanger others"

Was their a misdemeanor listed somewhere on the paper work that the sheriff would see? If so, which one?
 
TFred

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peter nap wrote:
TFred wrote:
1000ydshooter wrote:
Ok just a little up date on whats going on. Still waiting on my sitdown with the sheriff, but do have my hearing on Jan 20th. I got a look at my file and saw a coment on it from the sheriff that "In my opinion the subject would handle a firearm in a manner unsafe to himself and the public." Not sure where he is getting his info from. I can be any worse than some of his own deputies.Few years ago two of them living together got drunk one put on his kevlar and had the other shoot him so he would know what it felt like.They both still work there and both got promoted.
Click to expand...
Wow, that's amazing. This might start to attract some real attention.

TFred
Click to expand...
Just remember Fred, this may be embarrassing to the Shooter.
The way it sounds and from what I've found, the Sheriff doesn't have anything otrher than a general feeling. That won't fly if the Judge does his job. In a rural area, that can be an issue though.

That Sheriff has been there since 87 and I expect the Good Ol Boy network is alive and kicking.

I wish User would throw his 0.02 in.
Click to expand...
Yeah, all I meant by that was that the more we hear, the more this stinks. User's comments would be welcome indeed. Unfortunately, it has already "flown" since the judge has already denied his permit.

What does it take for libel to kick in, and does the fact that the Sheriff is doing it as a part of his official duty make it better or worse?

At the very least, it seems that this Sheriff has no understanding of what it means to have a "Shall Issue" CHP law, you need to have a concrete reason, listed in the law, to deny a CHP.

What happened here is the exact reason that you change "may issue" to "shall issue" in the first place! It really sounds like the Sheriff is thinking old school.

TFred
 
Virginiaplanter

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1000ydshooter wrote:
Still waiting on my sitdown with the sheriff,.
Click to expand...

Make sure you are open Carrying a real big handgun. Ask Peter Nap for a good size.

"Although I don't need no stinking permit, I would like to get one. By the way, how are your deputies doing after they shot each other. Wasn't that a crime under Virginia law?"
 
peter nap

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Make sure you are open Carrying a real big handgun. Ask Peter Nap for a good size.
Click to expand...
I'm getting better. Just got one of these.:lol:

54445630.File0420.jpg
 
Grapeshot

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Virginiaplanter wrote:
Make sure you are open Carrying a real big handgun. Ask Peter Nap for a good size.

"Although I don't need no stinking permit, I would like to get one. By the way, how are your deputies doing after they shot each other. Wasn't that a crime under Virginia law?"
Click to expand...
Whoot! :lol:

Yata hey
 
Dreamer

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So let me get this straight...

You said you got your last ticket just before you left for Iraq. I assume by that, you are (or at least were at the time) active-duty military, right?

Did the Sherif know this when he wrote that you were "likely to use a weapon unlawfully or negligently to endanger others"?

That type of thinking is difficult to comprehend. You need to wait until the new AG gets in office, and then file a formal appeal. Getting a few recommendation letters from your CO from Iraq might help too, to prove that you are versed in the safe and legal use of a firearm.

Good Luck with your appeal. Hopefully you can get this all straightened out...
 
user

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1000ydshooter wrote:
Today i found out i denied my chp application here in isle of wight county.I have been a resident in the county for 39yrs,minor criminal record (A couple bounced checks about 10yrs ago,and 3 speeding tickets.) what i want to know is what can i do to protest this.i have requested a face to face with the sheriff as it was a letter of no recomendation to the judge that caused it.Any other ideas as how to proceede.
Click to expand...


Y'all have done a pretty good job of analyzing the issues. I really don't have anything to add. I hope1000ydshooterfiled his petition for an ore tenus hearing on time; that should be in the standard form of any initial pleading using the case number from the original application. Whether or not the ore tenus was demanded, he can still file an appeal with the Ct. Apps., and when they confirm the ruling of the circuit ct., it can be appealed to the Sup. Ct.

By the way, it's a really good idea to have a lawyer for that. I've got some ideas about this specific case, that I would not want to make public just yet, so, 1000y.s., feel free to give me a call or send email. I've been successful ina couple such cases, where one guy had actually been convicted of a felony and the other who'd spent the weekend in a psych. clinic for court-ordered observation involuntarily; what that demonstrates is that you really have to understand the procedure - it's not enough to know the facts or have "truth, justice, and the American Way" on your side.


I just checked, and there's no appeal from an order denying the CHP on jan. 20 on the Isle of Wight Circuit Court's docket. Did you file a praecipe setting it on that date?
 
A

aquinob1

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Grapeshot wrote:
aquinob1 wrote:
This is a BIG deal and should catch the eye of more senior members. Get your appeal ready!

I would also write a personal letter to the Sherrif, AG, and governor (the other two might be a waste of time though:banghead:)
Click to expand...
http://www.google.com/url?q=http://...hgIwAQ&usg=AFQjCNFarkYdKBA2s8y2-hxt_qkLHpdRcwKen Cuccinelli - The incoming Attorney General is very pro and one of the good guys. We look for very good things from him.

Yata hey
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that's good to hear!
 
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