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Thread: PW County CHP delays?

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    Regular Member PaulX608's Avatar
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    Applied for my CHP this morning. Was told by the clerk that due to the volume of applications lately, it may take longer than the 45 day period. I mentioned to her that I was pretty sure I could get a temp/de facto permit after 45 days if I hadn't been denied. Her reply?

    "Well, you can try."

    Am I misinterpreting the statute here? Has anyone else had similar issues with PW County? If the 45 days passes without hearing anything, how much longer should I wait before asking more questions? I know this is an Open Carry group, and I OC a lot and have for a long time, but I figure more than a few of you have VA CHPs and might offer some advice.



    TIA

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    If the 45 days is up and you haven't been denied you need to go right then and there and demand your temporary permit in accordance with the law. The law is 45 days, not "45 days and some indeterminable amount of time longer on a case by case basis because we are busy."

    An assistant at the clerk's office here was a jerk to me about a separate facet of my CHP but I spoke to the clerk himself and he set things straight and it was fixed. I think they sometimes infuse their personal feelings regarding handguns and carrying them into jerking people around, or trying to, without really considering that it's illegal and can get them in trouble.

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    Curtis wrote:
    If the 45 days is up and you haven't been denied you need to go right then and there and demand your temporary permit in accordance with the law. The law is 45 days, not "45 days and some indeterminable amount of time longer on a case by case basis because we are busy."

    An assistant at the clerk's office here was a jerk to me about a separate facet of my CHP but I spoke to the clerk himself and he set things straight and it was fixed. I think they sometimes infuse their personal feelings regarding handguns and carrying them into jerking people around, or trying to, without really considering that it's illegal and can get them in trouble.
    key word is demand

    It's the law whether they like it or not.

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    She's looney. My friendapplied for his permit last month, and it came in the mail in less than 2 weeks.

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    Regular Member TFred's Avatar
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    PaulX608 wrote:
    I know this is an Open Carry group, and I OC a lot and have for a long time, but I figure more than a few of you have VA CHPs and might offer some advice.
    Yes, even though this is an OC forum, most of the folks here are quite adamant about the court clerks following the law on this matter.

    There are several threads with good advice on how to handle this situation, should it happen, and I'm sure much of it will be repeated here as well.

    Here is the relevant part of the law:
    D. [...] 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. [...]
    It's crystal clear, and it should take no longer than 5 minutes of actual time for the clerk to write "45 day time limit expired" on the application and make you a copy.

    The thing that is really irritating is that according to the law, this should happen automatically, but I doubt that ever happens.

    TFred


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    Regular Member PaulX608's Avatar
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    I'm sure it will all be fine, I just felt a bit put off by the Clerk's attitude. Time will tell.

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    Founder's Club Member - Moderator ed's Avatar
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    Curtis wrote:
    I think they sometimes infuse their personal feelings regarding handguns and carrying them into jerking people around,
    You could be a carpenter! You hit the nail SQUARE on the head!
    Carry On.

    Ed

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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

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    ed wrote:
    Curtis wrote:
    I think they sometimes infuse their personal feelings regarding handguns and carrying them into jerking people around,
    You could be a carpenter! You hit the nail SQUARE on the head!
    Ittook only 17 days for them to process my application. They called me with a quick question to verify some informationand said I could come in and pick it up, or they wouldmail it to me.They werevery polite. I've been in the office doing other business and have always witnessed them being very professional in their dealings with other people who are applying for their CHP.



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    My last renew took 23 days. As for new CHP's, I have heard that PWC is quicker than some of the other close counties.

    Question. Do they still take fingerprints on the new applications?

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    SouthernBoy wrote:
    My last renew took 23 days. As for new CHP's, I have heard that PWC is quicker than some of the other close counties.

    Question. Do they still take fingerprints on the new applications?
    I did not have to have my taken in 2006.

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    Regular Member PaulX608's Avatar
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    SouthernBoy wrote:
    My last renew took 23 days. As for new CHP's, I have heard that PWC is quicker than some of the other close counties.

    Question. Do they still take fingerprints on the new applications?
    Nope, no more fingerprint requirement. Not too sure when they stopped. Most of my CHP friends have had theirs for quite a while and none of them knew when they stopped either.

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    I was told yesterday by the PWC clerk’s office that I did not need a CHP since I am a "LEO"..

    HUMM she is somewhat correct. I am a certified SCOP but not with an active commission. Since my commission is not active right now I need a CHP just like anyone else.

    I am also registered as an armed security officer. Armed security in VA, although they have arrest authority for any offense in their presence on the property they are contracted to protect and are considered an arresting officer by law, they still need a CHP to carry concealed.

    I really should not have to educate the clerk's office on the law. They deal with these issues and really should be up to date on them.

    I was told the same thing yesterday 4/27/10, when I turned in my application for CHP in PWC. She said they were busy and it may take a little longer.

    I responded "thank you for the information Mam,if I have not received it in 45 days from today I will be here to see you again on the 46th day to pick up my de facto permit.

    She did not have a response. I guess she was fumed a tad since I had to give a little class on my 1st section of this post.

    I have held CWP and CHP since back in 1992 and have never had to submit fingerprints... My 1st was issued out of Spotsy and all others PWC. I just moved back to VA from FL and decided to obtain my CHP again.

    I may be exempt from the fingerprint requirement if it were still in place in PWC due to already being on file with the FBI and DCJS and my certifications. I will have to check on that.



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    Regular Member 25sierraman's Avatar
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    If your address happens to change before your permits expiration do you need to renew it (can i even renew it before its 90 days before expiration?). Being active duty my address tends to change pretty quickly.
    HOOAH?

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    25sierraman wrote:
    If your address happens to change before your permits expiration do you need to renew it (can i even renew it before its 90 days before expiration?). Being active duty my address tends to change pretty quickly.
    It's not required to update your address on your CHP. You can wait until time to renew to do it.

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    Regular Member 25sierraman's Avatar
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    Curtis wrote:
    25sierraman wrote:
    If your address happens to change before your permits expiration do you need to renew it (can i even renew it before its 90 days before expiration?). Being active duty my address tends to change pretty quickly.
    It's not required to update your address on your CHP. You can wait until time to renew to do it.
    Thanks for the info.
    HOOAH?

  16. #16
    Regular Member PaulX608's Avatar
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    Well, guess I had no need to worry, My CHP arrived in the mail today! 19 days total. While I still remain firmly in the OC camp, this will make some things easier when carrying.

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    25sierraman wrote:
    Curtis wrote:
    25sierraman wrote:
    If your address happens to change before your permits expiration do you need to renew it (can i even renew it before its 90 days before expiration?). Being active duty my address tends to change pretty quickly.
    It's not required to update your address on your CHP. You can wait until time to renew to do it.
    Thanks for the info.
    Although you DO have the option.

    If you wish to buy more than one gun at a time, matching addresses on everything might facilitate the transaction.

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    Glock27Bill wrote:
    25sierraman wrote:
    Curtis wrote:
    25sierraman wrote:
    If your address happens to change before your permits expiration do you need to renew it (can i even renew it before its 90 days before expiration?). Being active duty my address tends to change pretty quickly.
    It's not required to update your address on your CHP. You can wait until time to renew to do it.
    Thanks for the info.
    Although you DO have the option.

    If you wish to buy more than one gun at a time, matching addresses on everything might facilitate the transaction.
    Correct if you ever plan on using the CHP and your secondary ID the address will have to match. You could always use 2 different IDs and then use the chp as the waiver. However if you want to correct the issue return to the court that issued the CHP and they are the ones that will correct everything.

  19. #19
    Regular Member 25sierraman's Avatar
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    tkd2006 wrote:
    Glock27Bill wrote:
    25sierraman wrote:
    Curtis wrote:
    25sierraman wrote:
    If your address happens to change before your permits expiration do you need to renew it (can i even renew it before its 90 days before expiration?). Being active duty my address tends to change pretty quickly.
    It's not required to update your address on your CHP. You can wait until time to renew to do it.
    Thanks for the info.
    Although you DO have the option.

    If you wish to buy more than one gun at a time, matching addresses on everything might facilitate the transaction.
    Correct if you ever plan on using the CHP and your secondary ID the address will have to match. You could always use 2 different IDs and then use the chp as the waiver. However if you want to correct the issue return to the court that issued the CHP and they are the ones that will correct everything.
    Makes sense. I appreciate the info guys.
    HOOAH?

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    PaulX608 wrote:
    Applied for my CHP this morning. Was told by the clerk that due to the volume of applications lately, it may take longer than the 45 day period. I mentioned to her that I was pretty sure I could get a temp/de facto permit after 45 days if I hadn't been denied. Her reply?

    "Well, you can try."

    Am I misinterpreting the statute here? Has anyone else had similar issues with PW County?
    Until a gun owner who cares sues the Clerk of Court to force her to perform her ministerial duty and "send" de facto permits to the applat day 46, counting days when the application is filed with the Clerk, this may never be rectified.

    Somebody ought to truly relish having their de facto permit no "sent" to them - gives them standing to sue - seek out a VA barred atty who practices in PW County to file an action, possible a writ of mandamus with the Circuit court to compell her to permorm her ministerial duty to "send" de facto permits to CHP applicants at day 46.

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