Clerks that don't follow the code

[ProShooter]

Very well done....That's how you fight city hall...or county clerk (whichever fits)!

 

[MKEgal]

Just curious...

But why do both a memorandum and the petition?
They seem to overlap / restate all of the information.

 

[builtjeep]

You'd have to ask the attorney. The petition was first, then I believe the memorandum is cite of case law etc in support of the petition.

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[2a4all]

While there is no specific requirement for a 1st time applicant to appear in person before the Clerk, there is no mention of an option to apply via the USPS either. Does this clerk return 1st-timer's mailed-in applications also?

 

[builtjeep]

I can't say for certain, but I'd say most likely. If I prevail, I'll be interested to see if they abide by the law beyond handling my renewal. I know at least one person who will be renewing in a few months.

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[TFred]

You'd have to ask the attorney. The petition was first, then I believe the memorandum is cite of case law etc in support of the petition.

That is how they read to me as well. Why two separate documents? That I don't know.

Very enjoyable reading. It never ceases to amaze me how silly the cognitive processes of anti-gunners are though. Just plain nonsensical. I really do wonder how some of these folks can remember how to tie their shoes every day.

ETA: Specific example from the clerk's e-mail response... when she said (paraphrasing) you must have not read all the code, the only way for that to make any sense would be for it to actually say, "You must have read ALL the code, and not just the two sentences that I picked out of context to make my erroneous point..."

TFred

 

[peter nap]

That is how they read to me as well. Why two separate documents? That I don't know.

Very enjoyable reading. It never ceases to amaze me how silly the cognitive processes of anti-gunners are though. Just plain nonsensical. I really do wonder how some of these folks can remember how to tie their shoes every day.

ETA: Specific example from the clerk's e-mail response... when she said (paraphrasing) you must have not read all the code, the only way for that to make any sense would be for it to actually say, "You must have read ALL the code, and not just the two sentences that I picked out of context to make my erroneous point..."

TFred

I don't wonder that she's an idiot TFred. Stupidity runs deep in that office. The ex clerk who happens to work there as a deputy clerk now....spent a half hour or so sitting in his chair, leaning bacl with his feet sprawled out, looking up at the ceiling saying "Well....it's a matta of in ter pa tation."

 

[Grapeshot]

I don't wonder that she's an idiot TFred. Stupidity runs deep in that office. The ex clerk who happens to work there as a deputy clerk now....spent a half hour or so sitting in his chair, leaning bacl with his feet sprawled out, looking up at the ceiling saying "Well....it's a matta of in ter pa tation."

Recommend that he try Gas-X for that.

 

[builtjeep]

I find it amusing that the entire time she has kept repeating that we haven't read the entire code, but has yet to cite the exact code that allows her to require any of the crap she is requiring. I can't wait to see her response to the court.

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[Old Virginia Joe]

Isle of Wight County

I have to renew my CHP in IOW county soon, and when I inquired via phone what was required, they told me to include a SASE as well. We'll see about that, I guess. Add them to the ignorant list, please.

 

[Blk97F150]

I have to renew my CHP in IOW county soon, and when I inquired via phone what was required, they told me to include a SASE as well. We'll see about that, I guess. Add them to the ignorant list, please.

They request the same on the IOW Clerk of Court website:

Edit: Wait a minute... providing a copy of a Drivers License isn't required, is it? The Notary might request to see it, but if you mail the application in already notarized, the Clerk shouldn't need a DL/ID copy. Is that correct?

http://www.co.isle-of-wight.va.us/clerk-of-the-circuit-court/concealed-handgun-permits/

If applying in person, appear at the Circuit Court Clerk’s Office with the following items:

•Completed Application (optional)
•Proof of Gun Safety Course or Previous Issued Virginia Permit
•Valid Picture ID (Driver’s License or ID Card)
•A Self-Addressed Stamped Envelope
•Payment for Process Fee


If applying by mail, please mail the following items to Circuit Court Clerk’s Office:

•Completed Application, signed before a Notary
•Proof of Gun Safety Course or Previous Issued Virginia Permit
•Photocopy of Valid Picture ID (Driver’s License or ID Card)
•A Self-Addressed Stamped Envelope
•Payment for Process Fee

 

[builtjeep]

I have to renew my CHP in IOW county soon, and when I inquired via phone what was required, they told me to include a SASE as well. We'll see about that, I guess. Add them to the ignorant list, please.

Mail the application minus SASE and ID copy. Neither are included in the code nor on the application instructions, therefor neither are legal. I'd suggest sending certified mail/return receipt.

 

[builtjeep]

I don't wonder that she's an idiot TFred. Stupidity runs deep in that office. The ex clerk who happens to work there as a deputy clerk now....spent a half hour or so sitting in his chair, leaning bacl with his feet sprawled out, looking up at the ceiling saying "Well....it's a matta of in ter pa tation."

Did she ever answer the phone?

edit: As herself?

 

[riverrat10k]

I have to renew my CHP in IOW county soon, and when I inquired via phone what was required, they told me to include a SASE as well. We'll see about that, I guess. Add them to the ignorant list, please.

When I renewed in Richmond recently, in person, the clerk handed me a blank envelope and asked me to address it. I think she checked it against my application address. They paid the postage.

 

[Glockster]

When I renewed in Richmond recently, in person, the clerk handed me a blank envelope and asked me to address it. I think she checked it against my application address. They paid the postage.

Absent having teeth in the law (as pointed out above and many times in other threads) there are an infinite number of variations of extra things that they collectively are asking for. Fees incorrect, documents not required, procedural steps not allowed and on and on. And this one is a great example of a seemingly minor thing that they asked someone to do, which then becomes an established "process" and which one day turns into a rejection because it wasn't done "properly" (within the boundaries of their imagined extra requirement). And I can't help but wonder what they would have done had you mailed your renewal in and then weren't there to address their envelope for them.

 

[TFred]

Edit: Wait a minute... providing a copy of a Drivers License isn't required, is it? The Notary might request to see it, but if you mail the application in already notarized, the Clerk shouldn't need a DL/ID copy. Is that correct?

http://www.co.isle-of-wight.va.us/clerk-of-the-circuit-court/concealed-handgun-permits/

As best I have been able to reason it out, no, a photo ID should never be a requirement for the CHP. As you note, a Notary may require it to ensure your identity, since that is what a Notary is certifying by their signature.

The reasoning for the CHP is that the permit does not have a photo on it and requires a separate government issued photo ID anyway. There are absolutely no possible negative consequences for John Doe to apply for Sam Smith's CHP, even if it were a fraudulent activity, since John Doe would also need to have a government issued photo ID with Sam Smith's picture on it.

TFred

 

[Grapeshot]

"There shall be no requirement regarding the length of time an applicant has been a resident or domiciliary of the county or city. The application shall be made under oath before a notary or other person qualified to take oaths and shall be made only on a form prescribed by the Department of State Police, in consultation with the Supreme Court, requiring only that information necessary to determine eligibility for the permit. No information or documentation other than that which is allowed on the application in accordance with this subsection may be requested or required by the clerk or the court."

Code of Virginia: § 18.2-308 (D)

 

[peter nap]

Did she ever answer the phone?

edit: As herself?

No!
She played that childish game every time.

 

[builtjeep]

No!
She played that childish game every time.

Pretty disgraceful that a public servant would refuse to speak to a member of the public.

 

[TFred]

"There shall be no requirement regarding the length of time an applicant has been a resident or domiciliary of the county or city. The application shall be made under oath before a notary or other person qualified to take oaths and shall be made only on a form prescribed by the Department of State Police, in consultation with the Supreme Court, requiring only that information necessary to determine eligibility for the permit. No information or documentation other than that which is allowed on the application in accordance with this subsection may be requested or required by the clerk or the court."

Code of Virginia: § 18.2-308 (D)

Maybe we need to try to get the GA to add "action" to this part, thusly:

No action, information or documentation other than that which is requested by the application in accordance with this subsection may be requested or required by the clerk or the court.

TFred