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York County BOS Meeting 10/18/11

45acpForMe

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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.
 

TFred

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Most historic town in, Virginia, USA
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
 

45acpForMe

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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
 
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45acpForMe

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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

 
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TFred

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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
 

45acpForMe

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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=h&...19#mvt=h&lat=37.236016&lon=-76.508698&zoom=14
 
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t33j

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King George, VA
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=h&...19#mvt=h&lat=37.236016&lon=-76.508698&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.
 

2a4all

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Newport News, Virginia, USA
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



image001.jpg@01CC3183.1EEC6F30
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.
 
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TFred

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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
 

2a4all

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Messages
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Location
Newport News, Virginia, USA
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.
 

45acpForMe

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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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