TFred
Regular Member
From today's VA-ALERT:
Just a comment, since 2012's HB 26 was passed into law, this is not really such a big deal. The permit holder can mail his permit back from wherever he may be (just outside that 90 day window closing), and still carry (in Virginia, at least) without the actual card in hand. (I suppose I would make a copy of it first.) It is no longer a crime to not have your permit on your person, but rather a civil infraction, which may be waived if you show proof that you did have a valid permit at the time you were cited.
If the person is traveling outside of Virginia, I guess they would be subject to whatever state laws applied.
TFred
ETA: Not at all am I advocating that we roll over and let this judge make up laws.... just saying... it's not a crime to not have your permit on your person any longer, so it should not stop him from carrying.
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2. Activist Judge in Fairfax making up rules as he goes along
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YET ANOTHER ACTIVIST FAIRFAX COUNTY JUDGE
When the Virginia Legislature allowed CHP holders to renew their permits 180 days prior to expiration, little did they know that they were also opening a can of tortured logic that defies all reasoning. Recently, one of VCDL’s Executive Members discovered that he’d be out of town more than the 180 days prior to the expiration of his permit. Rather than risk having his permit expire he decided to renew in advance, lose a few months and just be assured that he would continuously have coverage. That’s when he ran afoul of the twisted logic of Fairfax County Circuit Court Judge Brett A. Kassabian.
Judge Kassabian approved the issuance of the new permit but with the stipulation that the current permit must be surrendered before the new permit would be issued. What? Nowhere in the Virginia code does it allow for a judge to make such a ruling. When our Executive Member called the Clerk’s office he was told that he was indeed correct, it wasn’t in the law, but it was Judge Kassabian’s rule! When our member pointed out that the Judge did not have the authority to make that rule, under the law, the person simply said to call John Frey, Clerk of the Circuit Court. Our Executive Member did. Mr. Frey consulted with Judge Kassabian who stood firm in his ruling stating that it was his “feeling” that no one should hold two permits at the same time. (I may “feel” that it’s okay for me to go 90 mph on Interstate 95 but the police and courts would disagree.)
Okay your Honor; let’s look at this logically for a moment. It’s okay for someone to hold two permits if it’s only for 180 days before expiration, but if it’s 181 or more days suddenly the tides rise, earthquakes occur and cataclysmic events will occur? Our member was astounded and asked what possible logic was used to come to this decision. The answer, none! His Honor either had no answer or was unwilling to share it.
This is exactly why the Legislature is loath to allow any discretion to judges or localities, for any time they do there is always someone who abuses that discretion. That is why State Preemption was passed and why it is so important that we close any and all loopholes.
2. Activist Judge in Fairfax making up rules as he goes along
*************************************************
YET ANOTHER ACTIVIST FAIRFAX COUNTY JUDGE
When the Virginia Legislature allowed CHP holders to renew their permits 180 days prior to expiration, little did they know that they were also opening a can of tortured logic that defies all reasoning. Recently, one of VCDL’s Executive Members discovered that he’d be out of town more than the 180 days prior to the expiration of his permit. Rather than risk having his permit expire he decided to renew in advance, lose a few months and just be assured that he would continuously have coverage. That’s when he ran afoul of the twisted logic of Fairfax County Circuit Court Judge Brett A. Kassabian.
Judge Kassabian approved the issuance of the new permit but with the stipulation that the current permit must be surrendered before the new permit would be issued. What? Nowhere in the Virginia code does it allow for a judge to make such a ruling. When our Executive Member called the Clerk’s office he was told that he was indeed correct, it wasn’t in the law, but it was Judge Kassabian’s rule! When our member pointed out that the Judge did not have the authority to make that rule, under the law, the person simply said to call John Frey, Clerk of the Circuit Court. Our Executive Member did. Mr. Frey consulted with Judge Kassabian who stood firm in his ruling stating that it was his “feeling” that no one should hold two permits at the same time. (I may “feel” that it’s okay for me to go 90 mph on Interstate 95 but the police and courts would disagree.)
Okay your Honor; let’s look at this logically for a moment. It’s okay for someone to hold two permits if it’s only for 180 days before expiration, but if it’s 181 or more days suddenly the tides rise, earthquakes occur and cataclysmic events will occur? Our member was astounded and asked what possible logic was used to come to this decision. The answer, none! His Honor either had no answer or was unwilling to share it.
This is exactly why the Legislature is loath to allow any discretion to judges or localities, for any time they do there is always someone who abuses that discretion. That is why State Preemption was passed and why it is so important that we close any and all loopholes.
Just a comment, since 2012's HB 26 was passed into law, this is not really such a big deal. The permit holder can mail his permit back from wherever he may be (just outside that 90 day window closing), and still carry (in Virginia, at least) without the actual card in hand. (I suppose I would make a copy of it first.) It is no longer a crime to not have your permit on your person, but rather a civil infraction, which may be waived if you show proof that you did have a valid permit at the time you were cited.
If the person is traveling outside of Virginia, I guess they would be subject to whatever state laws applied.
TFred
ETA: Not at all am I advocating that we roll over and let this judge make up laws.... just saying... it's not a crime to not have your permit on your person any longer, so it should not stop him from carrying.
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