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Thread: York County BOS Meeting 10/18/11

  1. #1
    Regular Member 45acpForMe's Avatar
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    York County BOS Meeting 10/18/11

    I just got this in email from LGC:

    York County Board of Supervisors
    York County Board of Supervisors is holding a Regular Meeting on Tuesday, October 18 , in the York Hall Board Room. The meeting will start at 6:00PM. During the Public Hearings period of the meeting, the Board will consider adoption of a proposed Ordinance to amend the York County Code relating to the renewal of Concealed Carry Permit applications. The Proposed Ordinance would bring York County code in to alignment with State Code (not requiring fingerprinting for a Permit renewal.) Club members residing in York County are encouraged to attend.


    While not necessarily OC related it is something we should support.

  2. #2
    Regular Member TFred's Avatar
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    Quote Originally Posted by 45acpForMe View Post
    I just got this in email from LGC:

    York County Board of Supervisors
    York County Board of Supervisors is holding a Regular Meeting on Tuesday, October 18 , in the York Hall Board Room. The meeting will start at 6:00PM. During the Public Hearings period of the meeting, the Board will consider adoption of a proposed Ordinance to amend the York County Code relating to the renewal of Concealed Carry Permit applications. The Proposed Ordinance would bring York County code in to alignment with State Code (not requiring fingerprinting for a Permit renewal.) Club members residing in York County are encouraged to attend.


    While not necessarily OC related it is something we should support.
    Perfect opportunity to present facts that support the repeal of fingerprinting altogether. Very few communities now require it.

    TFred

  3. #3
    Regular Member 45acpForMe's Avatar
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    I am not sure if I can be at the meeting but I will try.

    I emailed the BOS members that I know and told them I was opposed to the contiuation of using fingerprinting for CHP (renewals or otherwise).

    I also emailed them the link from the VCDL website that talks about the issue: http://www.vcdl.org/new/testimony.htm

    If anyone else wants to email them all or your specific supervisor here are the addresses I have:

    zaremba@yorkcounty.gov
    noll@yorkcounty.gov
    wiggins@yorkcounty.gov
    hrichak@yorkcounty.gov
    shepperd@yorkcounty.gov

    I also emailed Sheriff Danny Diggs. sheriff@yorkcounty.gov
    Last edited by 45acpForMe; 10-17-2011 at 02:45 PM.

  4. #4
    Regular Member 45acpForMe's Avatar
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    Danny Diggs email

    I just got this back from our GREAT sheriff Danny Diggs which he sent to all the BOS:

    I would have no objection to eliminating the fingerprinting process altogether.

    I believe that the information provided by Mr. Prince makes sense.

    In 12 years , I can only remember 1 or 2 cases where a person has been denied a permit because of a felony conviction. In those cases, the felony conviction has been so long ago and of a lesser type offense that the applicant did not remember or know that the conviction was a felony. In some other cases, there have been a few convicted felons that I would have denied based on the seriousness and recentness of the crime, but the Governor and courts had reinstated their rights to possess a firearm, and I was required not to object on that basis.


    Sincerely,

    J. D. "Danny" Diggs
    Sheriff of York County & Poquoson
    York-Poquoson Sheriff's Office
    P.O. Box 99
    301 Goodwin Neck Rd
    Yorktown, VA 23690
    Phone 757-890-3677
    Fax 757-890-6678
    www.yorkcounty.gov/sheriff

    Last edited by 45acpForMe; 10-17-2011 at 03:06 PM.

  5. #5
    Regular Member TFred's Avatar
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    Quote Originally Posted by 45acpForMe View Post
    I just got this back from our GREAT sheriff Danny Diggs which he sent to all the BOS:

    I would have no objection to eliminating the fingerprinting process altogether.

    I believe that the information provided by Mr. Prince makes sense.

    In 12 years , I can only remember 1 or 2 cases where a person has been denied a permit because of a felony conviction. In those cases, the felony conviction has been so long ago and of a lesser type offense that the applicant did not remember or know that the conviction was a felony. In some other cases, there have been a few convicted felons that I would have denied based on the seriousness and recentness of the crime, but the Governor and courts had reinstated their rights to possess a firearm, and I was required not to object on that basis.


    Sincerely,

    J. D. "Danny" Diggs
    Sheriff of York County & Poquoson
    York-Poquoson Sheriff's Office
    P.O. Box 99
    301 Goodwin Neck Rd
    Yorktown, VA 23690
    Phone 757-890-3677
    Fax 757-890-6678
    www.yorkcounty.gov/sheriff

    That's GOLD!!

    TFred

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    Regular Member 45acpForMe's Avatar
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    Directions

    In case anyone doesn't know where the meeting is:

    York Hall, 6:00 p.m.
    301 Main Street
    Yorktown, VA


    Directions to York Hall:
    Take Rt. 17 towards Yorktown. Turn right at the last exit before the Coleman Bridge, which is Alexander Hamilton Blvd. Proceed up Alexander Hamilton Blvd. to the stop sign. Turn left onto Ballard Street and proceed to the 4-way stop . York Hall is on the right (diagonally across the street). Proceed through the 4-way stop. Parking is on the right, behind York Hall.

    http://maps.yahoo.com/?ard=1&mvt%3Dh...508698&zoom=14
    Last edited by 45acpForMe; 10-17-2011 at 03:30 PM.

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    Regular Member t33j's Avatar
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    Quote Originally Posted by 45acpForMe View Post
    In case anyone doesn't know where the meeting is:

    York Hall, 6:00 p.m.
    301 Main Street
    Yorktown, VA


    Directions to York Hall:
    Take Rt. 17 towards Yorktown. Turn right at the last exit before the Coleman Bridge, which is Alexander Hamilton Blvd. Proceed up Alexander Hamilton Blvd. to the stop sign. Turn left onto Ballard Street and proceed to the 4-way stop . York Hall is on the right (diagonally across the street). Proceed through the 4-way stop. Parking is on the right, behind York Hall.

    http://maps.yahoo.com/?ard=1&mvt%3Dh...508698&zoom=14
    Definitely can't make it.

    Last week I visited the courthouse to be fingerprinted for the 4th time. :\ Each time for a different purpose.
    Sic Semper Tyrannis

  8. #8
    Regular Member 2a4all's Avatar
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    I'm responsible for this...

    The public comment portion of the BOS meeting doesn't start until 7:00pm, and this item is 2nd on the agenda. (The 1st item looks like a rather lengthy proposal for a housing development.)

    http://www.yorkcounty.gov/Default.aspx?tabid=1900

    I too question the need for fingerprinting CHP applicants (although that wasn't part of my original query to the Sheriff). PVC has asked various LEAs about this on several occassions, and no one has identified any instance wherein an applicant who passed a background check but was tripped up because fingerprints revealed something not encountered in the background check.

    My e-mail exhcange with Sheriff Diggs is below.

    ************************************************** **************
    Please see the answer below.
    Thanks for bringing this to our attention.

    Sincerely,


    J. D. "Danny" Diggs
    Sheriff of York County & Poquoson
    York-Poquoson Sheriff's Office
    P.O. Box 99
    301 Goodwin Neck Rd
    Yorktown, VA 23690
    Phone 757-890-3677
    Fax 757-890-6678
    www.yorkcounty.gov/sheriff





    From: Simmons, Ellen On Behalf Of McReynolds, James (Mac)
    Sent: Thursday, June 23, 2011 8:54 AM
    To: Diggs, Danny,
    Subject: RE: Fingerprints for Concealed Handgun Permits



    Danny:

    I ran this by the County Attorney, and it is indeed an unnecessary duplication, and the next time we review the County Code we will recommend an amendment to eliminate the duplication. Please let me know if you have any questions.

    Thanks.

    Mac

    From: Diggs, Danny,
    Sent: Monday, June 20, 2011 9:45 AM
    To: McReynolds, James (Mac); Barnett, Jr., James
    Subject: FW: Fingerprints for Concealed Handgun Permits







    I believe that you are correct. I will forward this to the County Administrator and County Attorney to see if they want the repeal Sec 1-17


    Danny Diggs





    From: 2a4all
    Sent: Friday, June 17, 2011 1:44 PM
    To: Diggs, Danny, [diggs@yorkcounty.gov]
    Subject: Fingerprints for Concealed Handgun Permits

    Sheriff Diggs:



    In my quest to learn more about the ordinances that govern the operation of the Lafayette Gun Club, I came across these two items.



    Sec. 1-17. Concealed handgun permits.
    As a condition for issuance of a concealed handgun permit pursuant to the provisions of 18.2-308, Code of Virginia, any applicant who resides in the County shall submit to fingerprinting 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. In order to determine an applicant's suitability for a concealed handgun permit, pursuant to the provisions of 18.2-308, Code of Virginia, applicants shall be fingerprinted by the sheriff. The fingerprints and descriptive information shall be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation.
    (Ord. No. O97-21, 7/16/97)

    OFFENSES - MISCELLANEOUS

    Sec. 16-8. Carrying concealed weapons.c) Any person wishing to obtain a permit to carry a concealed handgun must apply pursuant to Section 18.2-308 (D), Code of Virginia, and shall be required to submit to fingerprinting for the purpose of obtaining the applicant's state or national criminal history record. As a condition for the issuance of a concealed handgun permit, the applicant shall submit to fingerprinting by the York County Sheriff 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. Upon completion of the criminal history records check and return of the fingerprint cards to the York County Sheriff by the Virginia State Police, the York County Sheriff shall promptly notify the applicant that he has 21 days from the date of the notice to request return of the fingerprint cards. All fingerprint cards not claimed by the applicant within 21 days of notification by the York County Sheriff shall be destroyed. Any optically scanned fingerprints shall be destroyed upon completion of the criminal history records check without requiring the applicant to be notified. Fingerprints taken for the purposes described in this section shall not be copied, held, or used for any other purposes.




    It appears that Section 16-8.c incorporates the requirements of Section 1-17, rendering 1-17 moot. In the interest of simplification, that particuar ordinance should probably be stricken.



    If I can be of any assistance in this matter, please let me know.



    Thank you.
    Last edited by 2a4all; 10-18-2011 at 12:13 AM.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

  9. #9
    Regular Member TFred's Avatar
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    If you really want to throw a wrench in the works, ask them to explain how any part of the ordinance other than the requirement for fingerprints, is not a violation of 15.2-915!

    TFred

  10. #10
    Regular Member 2a4all's Avatar
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    I attended the York COunty BoS meeting on 10/18/2011. I am pleased to report that Ordinance 11-12, which deletes Section 1-17 and amends Section 16-8(c) of the York County code was adopted unanimously.

    Sheriff Diggs was asked to comment, and he recommended that the BoS repeal the requirement for fingerprints, as he does not consider it necessary. He said that although he had actually supported it when it was first proposed, he did so as a new sheriff, erring on the side of caution.

    The BoS seemed willing to draft another ordinance to repeal the fingerprint requirement and schedule it for public comment at a future BoS meeting.

    Stay tuned.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

  11. #11
    Regular Member 45acpForMe's Avatar
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    Thanks for attending Doug. I exchanged email with George Hrichak this morning and he said the same thing. I think we have a decent chance of getting the fingerprinting removed totally but it is not a sure thing. The board voted unanimously to align County law with State law, which by law ;-) they had to do anyway.

    Getting the inital fingerprinting requirement erased may a bit tougher since a few BOS members have shown some less-than-2A-supporting tendencies in the past. I figure it could be 50/50 as to whether it will pass so the NEXT meeting will be even more important for people to attend!

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