CaptainCharles
Regular Member
Please see an earlier thread:
http://forum.opencarry.org/forums/s...g-City-CHP-requirements&p=1504550#post1504550
As you can see I though I had it handled, but found out otherwise when I droppped off my renewal application. The deputy clerks both insisted that I was not renewing a permit and I had to appply as a new applicant in Fredericksburg City, thus requiring fingerprints. I provided print outs of V A code 18.2-308 and read it aloud to her, especially section D that reads in part " 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."
She didnt care to hear it, and loudly reiterated that it "was a requirment of the city!" I stated that yes it was a local ordinance, but VA STATE CODE preempted it. She again stated loudly it was a requirement of the city, and because I was now a city resident, I had to follow it if I wanted a permit. That prompted me to ask if the permit I had currently was invalid because it had my King George address on it, to which she replied, "I am not a lawyer, so I am not answering that."
Knowing I would get nowhere with her or the other deputy clerk, I advised her that I would like to submit the application anyway, and let the judge decide. I wrote "Refused, pursuant to VA CODE 18.2-308 Section D" on the fingerprint section. It will probably get rejected, and I will then have to determine what recourse to take and how much time and money to expend on it. I would hope a Judge would follow written law, but nothing would suprise me.
Funny thing, A Lawyer was there requesting info on a case, and after I read the VA Code section to her looked at me, smiled, and said "You are trying to prove a point aren't you?"
Any thoughts or suggestions on ways forward, or better ways to pursue would be appreciated.
http://forum.opencarry.org/forums/s...g-City-CHP-requirements&p=1504550#post1504550
As you can see I though I had it handled, but found out otherwise when I droppped off my renewal application. The deputy clerks both insisted that I was not renewing a permit and I had to appply as a new applicant in Fredericksburg City, thus requiring fingerprints. I provided print outs of V A code 18.2-308 and read it aloud to her, especially section D that reads in part " 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."
She didnt care to hear it, and loudly reiterated that it "was a requirment of the city!" I stated that yes it was a local ordinance, but VA STATE CODE preempted it. She again stated loudly it was a requirement of the city, and because I was now a city resident, I had to follow it if I wanted a permit. That prompted me to ask if the permit I had currently was invalid because it had my King George address on it, to which she replied, "I am not a lawyer, so I am not answering that."
Knowing I would get nowhere with her or the other deputy clerk, I advised her that I would like to submit the application anyway, and let the judge decide. I wrote "Refused, pursuant to VA CODE 18.2-308 Section D" on the fingerprint section. It will probably get rejected, and I will then have to determine what recourse to take and how much time and money to expend on it. I would hope a Judge would follow written law, but nothing would suprise me.
Funny thing, A Lawyer was there requesting info on a case, and after I read the VA Code section to her looked at me, smiled, and said "You are trying to prove a point aren't you?"
Any thoughts or suggestions on ways forward, or better ways to pursue would be appreciated.