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Thread: CWP Application and Status=Public Record??

  1. #1
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    How about a little discussion about this "bullet point". Do you think it is acceptable for the Courts to make public record a persons application and status for a CWP, or do you feel that the CWP applicant/permitholder should be allowed to remain anonymous?

    Anyone can look up your name in your cities database and see if you are currently seeking, granted or denied a CWP permit.

  2. #2
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    Records of actions filed with courts have been public at common law for centuries, and in Virginia statutory law commands the record to be open for public inspection. An application for a CHP in Virginia by a Virginia resident is a civil action filed with a circuit court. That's why the records are public.

    Can the legislature change this? Yes. But ishas rejected such attempts for several years.

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    Sure, when you file an application, that's a new case file, as far as the court's concerned. They are, by law, open to public inspection. They cannot be aggregated, sifted, sorted, etc. for retrieval of information regarding individuals. For example, you can't get a list of everyone who was convicted of reckless driving last year. But if you've got a name or a case number, you can go look at the files.
    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.

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    Regular Member TFred's Avatar
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    HB 79 is in the hopper to fix this problem. For me personally, this is the most important bill of the year. I know that is not so for most other folks, but that's the burr under my saddle that drove me to active participation in the RKBA movement.

    It's been briefly covered in this thread.

    TFred


  5. #5
    Regular Member TFred's Avatar
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    user wrote:
    Sure, when you file an application, that's a new case file, as far as the court's concerned. They are, by law, open to public inspection. They cannot be aggregated, sifted, sorted, etc. for retrieval of information regarding individuals. For example, you can't get a list of everyone who was convicted of reckless driving last year. But if you've got a name or a case number, you can go look at the files.
    Just curious then, why can newspapers ask for and easily obtain lists of CHP grantees?

    The Free Lance-Star did it for years, and according to Philip, there is still at least one newspaper in the state that does it.

    TFred


  6. #6
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    If you do a FOIA request and you're willing to pay for the research and stuff, then I reckon you can get what you want. Hadn't occurred to me.
    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.

  7. #7
    Regular Member TFred's Avatar
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    user wrote:
    If you do a FOIA request and you're willing to pay for the research and stuff, then I reckon you can get what you want. Hadn't occurred to me.
    Back when the FLS was doing this regularly (as late as the fall of 2008), I chatted with the nice lady at the clerk's office in Fredericksburg.

    She confirmed to me that once a month or so, someone showed up and collected the current list. It had become routine, they knew they would be there for it, so apparently they prepared it and handed it over. I didn't ask, but I was not left with any impression of payment, perhaps other than the normal 50 cents per page printing fee.

    They collected and published the info for 4 or 5 of the local area jurisdictions, Fredericksburg city, Spotsylvania, Stafford, King George, and maybe Caroline counties.

    I suppose it made for a nice "out of the office road trip" for some newspaper flunkie once a month.

    TFred


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    For the record, I know we have a CHP in Virginia. I know some of you saw CWP in my post, I was referring to what the Circuit Court listed. They said it was for my Concealed Weapon Permit. I would love to carry my Nunchaku with my CWP/CHP, but I know its not gonna happen

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