Received this reply via email today;
We are in the process of updating our website to address this issue. I apologize for any misrepresentation by myself or staff with respect to individuals having to personally appear to renew their applications or submit a photo. If an individual wishes to purchase the plastic card, which includes their photo, they must appear to have said photo taken. Let me be clear that the purchase of the alterntive card is optional. This service has been provided because over the years, so many residents have inquired about a more durable card and it also serves as an additional form of identification. There is no statutory provision that prohibits such service and the additional cost is not a part of the statutory fee. If you have additional questions or concerns, I would ask that you call me or come into the office for further discussion.
Samuel H. Cooper, Jr
.
So basically they still think they can do it but make it optional, and charge extra to get it. I don't see where in the code they can have an optional CHP. Guess I'll have to ask. Also What about the people who paid extra for the plastic thinking it was mandatory.
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Yes there are a statutory provisions prohibiting this!
§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies. A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by §
15.2-1425, and no agent of such locality shall take any
administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof
other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.
§ 18.2-308.04. Processing of the application and issuance of a concealed handgun permit.
E. The permit to carry a concealed handgun shall specify
only the following information: name, address, date of birth, gender, height, weight, color of hair, color of eyes, and signature of the permittee; the signature of the judge issuing the permit, of the clerk of court who has been authorized to sign such permits by the issuing judge, or of the clerk of court who has been authorized to issue such permits pursuant to subsection D; the date of issuance; and the expiration date. The permit to carry a concealed handgun shall be no larger than two inches wide by three and one-fourth inches long and
shall be of a uniform style prescribed by the Department of State Police.
Also Virginia is a "Dillon Rule" state:
"It is a general and undisputed proposition of law that a municipal corporation possesses and
can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable. Any fair, reasonable doubt concerning the existence of the power is resolved by the courts against the corporation, and the power is denied."
http://www.fairfaxcounty.gov/government/about/dillon-rule.htm
At this point, I would contact the Secretary of the Virginia Supreme Court and make a formal complaint. This clerk seems to think that he can insurp the authority of the General Assembly - there is no optional permit format.
