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Roanoke City Circuit Court extralegal demands for CHP
- Thread starter Tosta Dojen
- Start date
+ a bunch
VCDL President
Centurion
if you want to work on VA Beach, contact VCDL Board member John Fenter - that's where he lives: fenter@vcdl.org
John was dealt with them on a variety of gun issues over the years.
TFred
Regular Member
2a4all
Regular Member
Newport News gets it right
I submitted my application and fee to renew my CHP on Oct 15, within the 90 - 180 day renewal window.
I did call the clerk's office beforehand to make sure I was doing it right:dude:, and was told that I needed to submit a copy of my current permit so that they could tell I am who I say I am, and that it would show proof of competency. I pointed out that I was doing everything by mail, so they wouldn't be able to tell that it was me, and that since a copy of my permit wasn't required by the application, they couldn't require me to send it. They said that they could look it up.
I received the new permit today (11/22/2012), and lo & behold, it even had the correct effective (begins when my current one expires) and expiration dates (5 years from then).:banana:
I would think that all the Clerks of Circuit Court would collectively petition the GA do do away with these things, since it burdens them with all the work. The little they collect in fees doesn't cover their costs, especially in smaller jurisdictions.
I submitted my application and fee to renew my CHP on Oct 15, within the 90 - 180 day renewal window.
I did call the clerk's office beforehand to make sure I was doing it right:dude:, and was told that I needed to submit a copy of my current permit so that they could tell I am who I say I am, and that it would show proof of competency. I pointed out that I was doing everything by mail, so they wouldn't be able to tell that it was me, and that since a copy of my permit wasn't required by the application, they couldn't require me to send it. They said that they could look it up.
I received the new permit today (11/22/2012), and lo & behold, it even had the correct effective (begins when my current one expires) and expiration dates (5 years from then).:banana:
I would think that all the Clerks of Circuit Court would collectively petition the GA do do away with these things, since it burdens them with all the work. The little they collect in fees doesn't cover their costs, especially in smaller jurisdictions.
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Tosta Dojen
Regular Member
Well, this is interesting.
I was out of town for a week while I was visiting family and just recently arrived back home. The postman delivered my backlog of mail this morning. I didn't receive anything from the Supreme Court, and there's nothing from either of the opposing parties. I don't have any e-mails about the mandamus petition. And I haven't gotten (or missed) any phone calls about it. In fact, the only reason I even know anything's going on is that I got a message suggesting I check this thread.
Yeah, you're not the only one. what is this i don't even
In a word, no. There are several reasons, but the main one is that my petition asks for action on my permit application and a de facto permit, both of which are still conspicuously absent, rather than for changes in policy.
Do you think we could possibly wait for some concrete results before we start hanging the 'Mission Accomplished' banner? Maybe it looks different from where you're standing, but it doesn't feel like it's "done" when I still don't have a permit, nobody's told me when I might be able to expect one, and in fact they haven't even bothered to let me know that something might be in the works.
Even with respect to the policy changes, I think it's more prudent to measure success by tangible results rather than statements of policy. I was thinking of sending my wife down with her application after I'd addressed all the outstanding issues, to test whether the process comports with state law. It's one thing for the Clerk to say she's brought her office into full compliance with statute, and it's another thing to actually do it. The Clerk likes to thank you for pointing out problems by creating different ones. And even for a Clerk who's working in good faith, there's a lot of room for error when making sweeping changes like those described here -- there's more possibility of introducing new mistakes while fixing the old ones.
But before running that down, there are still several issues I haven't addressed, because I was tackling the ones in which I had the biggest personal stake. For instance, the Clerk has claimed that permittees are required to notify the Clerk upon a change of address. And she still hasn't refunded CHP applicants who were illegally overcharged, as far as I'm aware. I'd like to get all those taken care of before declaring victory.
I'll be glad to add my notes to the master spreadsheet once I figure out what's going on.
I was out of town for a week while I was visiting family and just recently arrived back home. The postman delivered my backlog of mail this morning. I didn't receive anything from the Supreme Court, and there's nothing from either of the opposing parties. I don't have any e-mails about the mandamus petition. And I haven't gotten (or missed) any phone calls about it. In fact, the only reason I even know anything's going on is that I got a message suggesting I check this thread.
Yeah, you're not the only one. what is this i don't even
In a word, no. There are several reasons, but the main one is that my petition asks for action on my permit application and a de facto permit, both of which are still conspicuously absent, rather than for changes in policy.
Do you think we could possibly wait for some concrete results before we start hanging the 'Mission Accomplished' banner? Maybe it looks different from where you're standing, but it doesn't feel like it's "done" when I still don't have a permit, nobody's told me when I might be able to expect one, and in fact they haven't even bothered to let me know that something might be in the works.
Even with respect to the policy changes, I think it's more prudent to measure success by tangible results rather than statements of policy. I was thinking of sending my wife down with her application after I'd addressed all the outstanding issues, to test whether the process comports with state law. It's one thing for the Clerk to say she's brought her office into full compliance with statute, and it's another thing to actually do it. The Clerk likes to thank you for pointing out problems by creating different ones. And even for a Clerk who's working in good faith, there's a lot of room for error when making sweeping changes like those described here -- there's more possibility of introducing new mistakes while fixing the old ones.
But before running that down, there are still several issues I haven't addressed, because I was tackling the ones in which I had the biggest personal stake. For instance, the Clerk has claimed that permittees are required to notify the Clerk upon a change of address. And she still hasn't refunded CHP applicants who were illegally overcharged, as far as I'm aware. I'd like to get all those taken care of before declaring victory.
I'll be glad to add my notes to the master spreadsheet once I figure out what's going on.
Welcome back Aaron!
thaJack
Regular Member
It appears that that issue with Roanoke City is resolved now. I have someone who confirmed for me that people have applied as of late and have not had to take packets to the Police Academy.
Yes, read that. I was actually thinking more about the OP's long journey and where he was with the legal matter. It doesn't just go away as far as I understand, so someone has to do something.
As far as I know, its still pending in court.
Thank you, that's the last that I see also -- don't see anything new as filed. Hopefully we'll get some direct information (as I'm just **sure** that all the right folks are going out of their way to ensure that the guy who put himself out there, spent a bunch of time and money, and so on, is promptly informed and not just left there hanging with things before the SCOV!).
riverrat10k
Regular Member
They are trying to figure out how to save face since TD has them dead to rights under the law.
Tosta Dojen
Regular Member
I've been dealing with some urgent personal matters lately, so I haven't been focused on following up here.
That said, there's no update to give. I have no permit. I have no de facto permit. I haven't been contacted by the Clerk, nor her attorney, with any indication that maybe I should be expecting one of those things. I'm still at the point where I know absolutely nothing about any developments except for what's been posted in this thread.
The Supreme Court is about halfway through its week-long January session. I've eyeballed turnaround times on other cases, and I figure there's a fair chance of seeing a result on my petition during this session, so we might see some real results tomorrow or Friday.
That said, there's no update to give. I have no permit. I have no de facto permit. I haven't been contacted by the Clerk, nor her attorney, with any indication that maybe I should be expecting one of those things. I'm still at the point where I know absolutely nothing about any developments except for what's been posted in this thread.
The Supreme Court is about halfway through its week-long January session. I've eyeballed turnaround times on other cases, and I figure there's a fair chance of seeing a result on my petition during this session, so we might see some real results tomorrow or Friday.
So sorry to hear about the personal issues and hope that everything there turns out okay.
And also sorry to hear that there has been no progress for you. I suspected as much but hoped for more. You fight the good fight and I truly hope that in the end that means something.
Tosta Dojen
Regular Member
According to the Supreme Court's online case tracker, my petition for writs of mandamus has been refused.
SO sorry to hear that -- something certainly appears to be stinky about that. I'm assuming that there must be a written order denying (along with the why) that will be issued?
mobeewan
Regular Member
So would the next option be to sue the C o C for not accepting your application at the C o C office when she should have and she is now accepting other peoples there?
Tosta Dojen
Regular Member
I just got it in the mail today. I don't have a scanner at hand but it's short so I'll type it up.
Upon consideration of this case, the Court is of the opinion that the writ of mandamus should not issue as prayed for because mandamus does not lie to compel a discretionary act and petitioner has another adequate remedy. It is therefore ordered that the said petition be dismissed and the respondents recover of the petitioner their costs expended in their defense herein.
Upon further consideration whereof, petitioner's motion to strike is denied.
What is that other adequate remedy supposed to be, I wonder?
And OMG, am I reading this correctly that they can recover their legal expenses from YOU???