Denied my CHP

[user]

imported post

By the way, that offer to chat wasn't a plug for business. I normally don't charge money for an initial chat or email exchange, or where I have invited the consultation without talking about money first. I charge when I'm actually working, and I always tell people when that's going to happen before it starts.

I don't normally go farther South than Petersburg, anyway. Isle of Wight would require hotel accommodations for me, and unless 1000ydshooter is independently wealthy, it would probably be better to find a gun-friendly lawyer down there.

But the most important thing after a denial is to get the right paperwork filed, on time, in proper form, and with the necessary statements of fact. It's not just a hurdle to jump, it's building a record for appeal. If you didn't say it in that piece of paper, as far as subsequent appeals are concerned, you didn't say it.

 

[IanB]

imported post

I wonder if the Sheriff has considered the law of unintended consequences? Denial of your CHP guarantees that you will open carry 24/7 in his jurisdiction.

 

[Grapeshot]

imported post

nakedshoplifter wrote:

I wonder if the Sheriff has considered the law of unintended consequences? Denial of your CHP guarantees that you will open carry 24/7 in his jurisdiction.

As well as throughout the state.

Probably thinks that OC is not a good idea or that such is illegal.

Sheriff apparently cannot think outside his own self-imposed box and is interjecting personal "feelings" as an extra-legal qualifier.

Let us know how this goes as you can.

Yata hey

 

[nuc65]

imported post

Forget talking to the sheriff, call the clerks office and schedule an ore tenus hearing. Read the law on CHPs and present to the judge in a calm and legal manner. Hire a lawyer if you don't know what this means. Prepare for a representative of the sheriff to be there. Say your piece, dress nice, inform the judge that nothing was presented to bar you from the statute. Be prepared for the judge to ask why you want a CHP. The judge may ask you about the sheriffs accusation and you might want to have a character witness or two, and/or some letters of recommendation that talk to your character and great respect of the law.

This is all my opinion, I am not a lawyer. Good luck.

 

[nuc65]

imported post

1000ydshooter wrote:

Ok just a little up date on whats going on. Still waiting on my sitdown with the sheriff, but do have my hearing on Jan 20th. I got a look at my file and saw a coment on it from the sheriff that "In my opinion the subject would handle a firearm in a manner unsafe to himself and the public." Not sure where he is getting his info from. I can be any worse than some of his own deputies.Few years ago two of them living together got drunk one put on his kevlar and had the other shoot him so he would know what it felt like.They both still work there and both got promoted.

This is a valid reason for preventing a CHP, but it requires that the sheriff have 'personal knowledge' I'll have to find the exact section to cite.

 

[user]

imported post

nuc65 wrote:

Forget talking to the sheriff, call the clerks office and schedule an ore tenus hearing. Read the law on CHPs and present to the judge in a calm and legal manner. Hire a lawyer if you don't know what this means. Prepare for a representative of the sheriff to be there. Say your piece, dress nice, inform the judge that nothing was presented to bar you from the statute. Be prepared for the judge to ask why you want a CHP. The judge may ask you about the sheriffs accusation and you might want to have a character witness or two, and/or some letters of recommendation that talk to your character and great respect of the law.

This is all my opinion, I am not a lawyer. Good luck.

This is all good advice. Butsend me an email or give me a call before you attend the hearing. Do not, repeat,Don't have any communication with the sheriff at all.

 

[ed]

imported post

1000ydshooter wrote:

two of them living together got drunk one put on his kevlar and had the other shoot him so he would know what it felt like.

They filmed that on Reno911 I think.

 

[Grapeshot]

imported post

user wrote:

nuc65 wrote:

Forget talking to the sheriff, call the clerks office and schedule an ore tenus hearing. Read the law on CHPs and present to the judge in a calm and legal manner. Hire a lawyer if you don't know what this means. Prepare for a representative of the sheriff to be there. Say your piece, dress nice, inform the judge that nothing was presented to bar you from the statute. Be prepared for the judge to ask why you want a CHP. The judge may ask you about the sheriffs accusation and you might want to have a character witness or two, and/or some letters of recommendation that talk to your character and great respect of the law.

This is all my opinion, I am not a lawyer. Good luck.

This is all good advice. Butsend me an email or give me a call before you attend the hearing. Do not, repeat,Don't have any communication with the sheriff at all.

Emphasis is mine - Listen when learned advice is given.

Yata hey

 

[nuc65]

imported post

Why people are bent on talking to the sheriff when he already has told you what side of the issue he is on beats the hell out of me. A lawyer is telling you don't talk to the sheriff. Great advice!

 

[Thundar]

imported post

nuc65 wrote:

Why people are bent on talking to the sheriff when he already has told you what side of the issue he is on beats the hell out of me. A lawyer is telling you don't talk to the sheriff. Great advice!

1000:

User is giving what appears to be great advice. Sheriff cannot currently testify about you, only your record. Your record does not justify a denial.

If you meet and talk to the sheriff, there is a chance he can say "I met him and my impression is.....(bad)"

Listen to User. He is a smart cookie.

 

[Jero1987]

imported post

Thundar wrote:

nuc65 wrote:

Why people are bent on talking to the sheriff when he already has told you what side of the issue he is on beats the hell out of me. A lawyer is telling you don't talk to the sheriff. Great advice!

1000:

User is giving what appears to be great advice. Sheriff cannot currently testify about you, only your record. Your record does not justify a denial.

If you meet and talk to the sheriff, there is a chance he can say "I met him and my impression is.....(bad)"

Listen to User. He is a smart cookie.

+1

 

[paramedic70002]

imported post

Fella's!!

I have previously posted around these parts about this Sheriff and this issue. He did the same thing to me and used almost the same identical language. My circumstances were a bit different but in my opinion now he has a track record of abusing Shall Issue.

I know 1000yardshooter and his wife personally, and have since school days (Hi Beav!)

I eventually moved out of the County and waited 5 years to apply for a permit. Portsmouth had no problem issuing the permit. Unfortunately, circumstances dictated my moving back into Isle of Wight recently, and my permit comes up for renewal soon. I may just let it expire and work off my PA and NH permits until he retires.

Note to 1000yardshooter:

Don't go talk to Phelps. He won't budge and you will come away pissed.

Get a FL or other non resident permit. It's good in VA and the Sheriff can get bent. Wave it in his face. Stick your tongue out. Make raspberries. He is powerless to prevent it!

 

[1000ydshooter]

imported post

Got the real big one covered BFR ib 480 ruger/475 linghbaugh.

Ill answer the second part of the question with 2 words.Cover up.

 

[1000ydshooter]

imported post

I told the clerk i wanted to have a hearing on the matter.they gave me jan 20th at 930.Told me to get there to their office by 915 the judge may want to see me in chambers.I have the judges name if ya want it.I was to set down with the sheriff today but when i got there at 930 he was in a meeting out of the county.

 

[1000ydshooter]

imported post

Thanks for the advice from everyone.The idea of not meeting the sheriff is well taken and will be followed. Paramedic has know me sincei was about 5.already got a few charcter whitness lined up,including a couple of senior deptites,a state trooper,and the head of emergency services for the county.Can also get a member of the county board if needed.There are atvantages of being born and living in the same community all your life,Ya get to make alot of friends.Ill let everyone know as things develope.Ok so what kind of hearing do i have on the 20th then?

 

[Mike]

imported post

paramedic70002 wrote:

I eventually moved out of the County and waited 5 years to apply for a permit. Portsmouth had no problem issuing the permit. Unfortunately, circumstances dictated my moving back into Isle of Wight recently, and my permit comes up for renewal soon. I may just let it expire and work off my PA and NH permits until he retires.

This is unfortunate - you are in a great position to embarass the Sheriff at ore tenus or an appeal to the appeals court - we all should relish having standing to do this sort of thing!

 

[ProShooter]

imported post

As an aside, you may want to get a copy of your criminal history and present that to the judge so he can best interpret your situation.

 

[Thundar]

imported post

eddyys wrote:

Neplusultra wrote:

Here you go, 18.2-308 E7, this is a list of people who are to be denied, one of the conditions is:

7. An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. Traffic infractions and misdemeanors set forth in Title 46.2 shall not be considered for purposes of this disqualification.

Unless those traffic stops were Reckless Driving/Reckless Endangerment then he might have a problem due to the fact those are both misdemeanors.

Reckless Driving, Reckless Endangerment are both in Title 46.2, the "shall not be considered" Title. Traffic stuff cannot be used as part of a denial.

 

[Infidel]

imported post

1000ydshooter wrote:

Today i found out i denied my chp application here in isle of wight county.I have been a resident in the county for 39yrs,minor criminal record (A couple bounced checks about 10yrs ago,and 3 speeding tickets.) what i want to know is what can i do to protest this.i have requested a face to face with the sheriff as it was a letter of no recomendation to the judge that caused it.Any other ideas as how to proceede.

Saw your location under your avatar: Zuni, Va (Formerly Mosul, Iraq)

You could have been denied because Janet Napoliaon and the sheriff think your a terrorist!!:what:

P.S.- I'm one too...don't tell anyone!

 

[paramedic70002]

imported post

1000ydshooter wrote:

Thanks for the advice from everyone.The idea of not meeting the sheriff is well taken and will be followed. Paramedic has know me sincei was about 5.already got a few charcter whitness lined up,including a couple of senior deptites,a state trooper,and the head of emergency services for the county.Can also get a member of the county board if needed.There are atvantages of being born and living in the same community all your life,Ya get to make alot of friends.Ill let everyone know as things develope.Ok so what kind of hearing do i have on the 20th then?

I'll be SHOCKED if you get one of his Deputies to testify against him unless they have another job lined up and are going to run in the next election.