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Thread: Extra legal requirements for CHP in Fauquier County?

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    Regular Member jsfrederick's Avatar
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    Extra legal requirements for CHP in Fauquier County?

    Currently have a CHP obtained from Prince William County and am considering a move to Fauquier. Was just checking on the CHP process there and noticed this.

    http://www.fauquiercounty.gov/Govern...nhandgunpermit

    They are requiring fingerprints and multiple copies for CHP forms. Are these requirements legal in the state of VA?

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    Regular Member ocholsteroc's Avatar
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    Quote Originally Posted by jsfrederick View Post
    Currently have a CHP obtained from Prince William County and am considering a move to Fauquier. Was just checking on the CHP process there and noticed this.

    http://www.fauquiercounty.gov/Govern...nhandgunpermit

    They are requiring fingerprints and multiple copies for CHP forms. Are these requirements legal in the state of VA?
    Fingerprints, I believe so. Both my parents just got their CHP a few months ago, they had to get fingerprinted. But multiple copies I do not know about that.
    How come a DUI you can get your driver licence back, which it is a privilege. But if commiting a felon, even something non violent like stealing, you are denied your constitutional rights for the rest of your life?
    If you don't support the Second Amendment to the Constitution, what other parts of the Constitution do you reject?
    More restrictions on guns? how about restrictions on chainsaws and knives?

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    We pride ourselves on taking responsibility and initiative. An aspect of that is a gentle protest against doing another's research. There is a solution, though. We are more than happy to tell the inquirer where to look.

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

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    Regular Member PaulX608's Avatar
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    I'm not sure about the extra copies, but the State law does give local courts the option on fingerprints. PW used to require them as well.

    From Code of VA 18.2-308 Section D
    As a condition for issuance of a concealed handgun permit, the applicant shall submit to fingerprinting if required by local ordinance in the county or city where the applicant resides and provide personal descriptive information to be forwarded with the fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the applicant, and obtaining fingerprint identification information from federal records pursuant to criminal investigations by state and local law-enforcement agencies. However, no local ordinance shall require an applicant to submit to fingerprinting if the applicant has an existing concealed handgun permit issued pursuant to this section and is applying for a new five-year permit pursuant to subsection I.

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    Regular Member zoom6zoom's Avatar
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    Fingerprints are only for initial issue, not renewal. You're basically just doing a change of address (which isn't even required unless you want the address to match your other ID), so none of that should apply.

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    Regular Member ProShooter's Avatar
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    As far as the proof of training requirement, the Code says "a photocopy". I take that as being 1. If they need 3 to do their job, they can make 3.


    Fingerprints may be required by local ordinance, and it seems by their wording that they have such an ordinance in place - 1 Fingerprint card: You are required to go to the Fauquier County Sheriff’s Department at 78 West Lee Street, Warrenton, VA 20186 to be fingerprinted pursuant to County Ordinance Section 15-20. Your application cannot be processed until you meet this requirement.

    Since yours is a change of address, you would only need to go back to the original issuing court and give them your new address.
    James Reynolds

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    Moderator / Administrator Grapeshot's Avatar
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    Extra legal requirements for CHP - Fauquier County

    http://www.fauquiercounty.gov/Govern...nhandgunpermit

    You may download the application for a concealed handgun permit from the Virginia State Police Web Site. This web site also contains information regarding other jurisdictions that recognize Virginia permits.

    You must file:
    1. The original application signed by you in front of a notary plus 2 copies of each page even if the page is blank and: No additional copies required, also may be signed in front of the clerk.

    1. 3 copies of your Certificate of Firearms Competence (copy of current unexpired permit if you are renewing). Note: in lieu of a certificate of firearms competence, you may use any honorable Discharge DD214. Do not have to copy current CHP - only show it. One (1) copy of whatever competency form you are using.
    2. 3 copies of any attachments for processing required by application. Not required.
    3. 1 Fingerprint card: You are required to go to the Fauquier County Sheriff’s Department at 78 West Lee Street, Warrenton, VA 20186 to be fingerprinted pursuant to County Ordinance Section 15-20. Your application cannot be processed until you meet this requirement. For initial application only, not for renewals.
    4. Please appear with a valid operator’s license at the time of fingerprinting and at the time of filing the application. Not required
    5. Filing fee of $50.00 payable to Clerk, Circuit Court of Fauquier County. (This fee includes $35.00 for the cost of the investigation by the local sheriff, $5.00 to the State Police and $10.00 to the Clerk.). Our office will make the required copies for an additional $5.00 charge. Extra legal as there are no additional required copies and they may not charge except as specified in 18.2-308.

    Comments are embedded in red.

    Source/cite: Code of Virginia
    § 18.2-308.
    http://leg1.state.va.us/000/cod/18.2-308.HTM

    You should NOT take my word for this - look them up and confirm for yourself.
    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.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by ProShooter View Post
    As far as the proof of training requirement, the Code says "a photocopy". I take that as being 1. If they need 3 to do their job, they can make 3.


    Fingerprints may be required by local ordinance, and it seems by their wording that they have such an ordinance in place - 1 Fingerprint card: You are required to go to the Fauquier County Sheriff’s Department at 78 West Lee Street, Warrenton, VA 20186 to be fingerprinted pursuant to County Ordinance Section 15-20. Your application cannot be processed until you meet this requirement.

    Since yours is a change of address, you would only need to go back to the original issuing court and give them your new address.
    It's in the Municode database. Search on "fingerprint". First hit.

    Interestingly, they also have a preempted ordinance, 16-7, with a "Note" at the bottom after the section saying that it's preempted, invalid and unenforceable. You'd think they would just fix it, rather than put in a note.

    TFred

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    Accomplished Advocate user's Avatar
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    Quote Originally Posted by ProShooter View Post
    ...Since yours is a change of address, you would only need to go back to the original issuing court and give them your new address.
    Correct. Just go to the court in Manassas and give them written notice of your change of address. Get a file-stamped copy of the document you file with the clerk so you can prove later you told them. Make photocopies of the original permit and whatever document you use to prove your new address (e.g., a utility bill mailed to you at your new address, proof of property tax payment, etc.), and attach them to your notice of change of address.

    A newly added paragraph applies:
    K1. The clerk of a circuit court that issued a valid concealed handgun permit shall, upon presentation of the valid permit and proof of a new address of residence by the permit holder, issue a replacement permit specifying the permit holder's new address. The clerk of court shall forward the permit holder's new address of residence to the State Police. The State Police may charge a fee not to exceed $5, and the clerk of court issuing the replacement permit may charge a fee not to exceed $5. The total amount assessed for processing a replacement permit pursuant to this subsection shall not exceed $10, with such fees to be paid in one sum to the person who accepts the information for the replacement permit.
    Va. Code § 18.2-308.
    Last edited by user; 12-24-2010 at 08:51 AM.
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    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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    Moderator / Administrator Grapeshot's Avatar
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    As I understand this, it is not required that a change of address be reported. It is only available as a convenience to the CHP holder.
    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.

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    FFX wanted three copies when I submitted. I obliged - but then it turned into the whole mess of asking for my drivers license after the permit was "denied" in the end.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by hsmith View Post
    FFX wanted three copies when I submitted. I obliged - but then it turned into the whole mess of asking for my drivers license after the permit was "denied" in the end.
    Why was the permit denied? Did they give you a reason?

    TFred

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by TFred View Post
    Why was the permit denied? Did they give you a reason?

    TFred
    The OP did not say that he had an application denied; only that he noticed the extra-legal requirements.
    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.

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    Activist Member Wolf_shadow's Avatar
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    Quote Originally Posted by Grapeshot View Post
    The OP did not say that he had an application denied; only that he noticed the extra-legal requirements.
    Grape TFred was refering to hsmiths post where he said his was denied

    Quote Originally Posted by hsmith View Post
    FFX wanted three copies when I submitted. I obliged - but then it turned into the whole mess of asking for my drivers license after the permit was "denied" in the end.

  15. #15
    Moderator / Administrator Grapeshot's Avatar
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    It was right there for me to read too.
    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.

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