Roanoke City Circuit Court extralegal demands for CHP

[peter nap]

TD---just read it all. A thing of beauty!

Appears they have NO legs to stand on, from my view.

Slightly off topic, what is it with the City of Roanoke? It seems the books are full of illegal policies such as this. Is there something in the towns history that explains their restrictive nature?

It's all them damn Yankees that wanted to move to the beeutiful mountains of Virginia!:cuss:

 

[riverrat10k]

Peter, I can see that in, say, Winchester. But Roanoke is further south, further west, and less likely to be inhabited by those from "up nawth."

History is as a railroad town.

 

[mk4]

i was talking with my brother the other day about the liberal/progressive, anti-traditional-pro-freedom values/anti-conservative leaning in roanoke. he told me that there is a surprisingly large (considering the mostly conservative populace in the surrounding counties) alternative lifestyle population in the city-proper, which could explain the left-wing ideologies.

disclaimer: i have no issue with alternative lifestyles, just keep private stuff private. don't bother with me and i won't bother with you. it cuts both ways. iow... don't try to mess with my freedoms and i won't try to mess with yours.

 

[DrMark]

 

[peter nap]

The other reason may be that it's the only larger city in the school belt. Hollins right at their back door, then Tech and Radford.

 

[skidmark]

The other reason may be that it's the only larger city in the school belt. Hollins right at their back door, then Tech and Radford.

Don't forget all the folks that got/still get paychecks from the Department of Mental Health. And that also includes those who used to be/are still staff at the MH facilities in the area. Talk about a hotbed of liberalism and anti- anything connected with self responsibility or self control.

stay safe.

 

[markand]

Excellent job stating the case and providing relevant citations. How long does it generally take for the VASC to mull something like this over and reach a decision?

 

[Sheriff]

:banana:Go get em!

I just read the writ:lol:
It was very, very well done. I thought I recognized some of the handwriting.

This is going to be interesting. Please keep us up on it!

What does this thread have to do with OC?

 

[TFred]

They came for the automatic weapons,
but since I didn't have any automatic weapons, I didn't care.

Then they came for the silencers,
but since I didn't have any silencers, I didn't care.

Then they came for the short shotguns,
but since I didn't have any short shotguns, I didn't care.

Then they came for the CHPs,
but since I didn't have a CHP, I didn't care.

I'm sure that when they come after the open carriers,
I'll have a TON of friends ready to back me up.

Hmm.

TFred

 

[t3a1s5]

What does this thread have to do with OC?

I'm sure that since in the meantime while the OP's permit has not been renewed (it expired 2-11-12), he is OCing.

A bit of a stretch, maybe, but does that work?

 

[peter nap]

What does this thread have to do with OC?

That's a valid question and the charge and procedure for obtaining a CHP has absolutely nothing to do with OC.

The issue goes a lot deeper though. The OP was stopped for a traffic violation a while back and refused to answer questions about his gun. The idiot cop (Who was a transplant from up north) illegally detained him and did more stupid things than I thought possible for a single cop to do.
The OP took it to Federal Court who agreed but said stupid Cops should be overlooked because ...they're Cops.

Since that time, the OP has been harassed numerous times over OC in Roanoke and each time taken steps to educate and correct the City.

This is just one more step in taking out the trash that's a mixed bag of OC, CC and general City attitude.

In short, the OP is and has been fighting the City over gun rights for a long time now.

Since this post was a smart ass way to dig at me asking that question of you....you started that post and no one did anything except try to offer suggestions. Instead of weighing the ideas including legal advice given by User, you continued to bitch and moan about losing a couple months on your stupid CHP and that a software glitch somehow superseded the code of Virginia and couldn't be changed by a Judge or God himself....which is BS.

Now if you'd like to continue this whizzing match, let's take it to it's own thread because the outcome of this Writ is important for ALL gunowners insomuch as it's basically bitchslapping a very corrupt city in our state.

 

[Sheriff]

But the writ has nothing to do with OC.

Just like my CHP expiration date thread has nothing to do with OC.

You can't have it both ways. Being cheated on months of renewal is just as important

as being overcharged. But neither have a thing to do with OC.

(Juss messin' witcha!)

 

[half_life1052]

It's all them damn Yankees that wanted to move to the beeutiful mountains of Virginia!:cuss:

Peter, not all of us are "damm" yankees. Some of us have some sense. Do you think your average New Yorker (excluding the city) is a liberal? Not at all. I lived there for years and the only thing I noticed when I moved here attitude wise was the average Virginian was more polite (closer to the attitude where I grew up).

 

[Grapeshot]

But the writ has nothing to do with OC.

Just like my CHP expiration date thread has nothing to do with OC.

You can't have it both ways. Being cheated on months of renewal is just as important

as being overcharged. But neither have a thing to do with OC.

(Juss messin' witcha!)

Understand the "juss messin' witcha", but to clarify the why of such things on OCDO from my perspective.

We all know or should know that OCDO is dedicated to promoting and defending open carry (OC) of hand guns and site rules are stated to that end. There are exceptions to this published list of rules - some written i.e. California and long guns and some exceptions that are not written out, not clear and concise. That is by design - it allows the administration to make a determination that a thread or post is good or in the best interests of OCDO. Sometimes that may seem contrary to the literal interpretation of a rule and that bothers the purists who want to see it in black and white, be able to hold to a fixed standard. OCDO is not that rigid - indeed allows a lot of latitude. The Social Lounge is a good example and even there certain "rules" of decorum and limitations apply.

When a thread/post is of particular interest solely to one state and effects the RKBA in that state (i.e. VA CHP) then the posting will likely be left in place and active, presuming that it does not stray too far off course. When a RKBA issue is at a national level, then the post belongs in the General Discussion sub-forum. The local/state level discussion of how that issue may impact that state may still be appropriate in a particular state sub-forum. Avoid blatant double posting though.

Clearly the administration has attempted to govern/control with a light hand but still maintain focus, application and suitability - in some instances those will be judgement calls. We each can contribute to the smooth operation of this forum by staying well attuned to the precepts of OCDO.

Don't think there is a site out there that accomplishes that better and that is a credit to both John and Mike as well as all of you - collectively you contribute much to what OCDO has come to be, is, and will be.

 

[skidmark]

A suggestion was put forward today that some of us might (at least temporarily) relocate to Roanoke City just for the lulz of how the Powers That Be would react to our presence.

While I'm sure that fits of caniption would ensue, I was a bit distraught that it was thought that there are not enough freedom-loving, law-abiding, rule-adhereing-to folks already in the area. It is true that the squeaky wheel gets the grease and that the OP is well and properly squeeking. Apparently the thought was that it would be better if we heard from more folks in the Roanoke area. I am aware that some have been invited to join OCDO but have not decided to do so. Because I do not know the area I can't say that "all" of the known RKBA supporters know about OCDO, have been invited to join OCDO, or if known and invited have declined to do so.

So I'm putting forward the thought that recruiting for OCDO is a Good Thing[SUP]TM[/SUP]. I was once told that mountain folks are more reserved and generally are not "joiners" but we'll never know unless and until we try.

stay safe.

 

[peter nap]

A suggestion was put forward today that some of us might (at least temporarily) relocate to Roanoke City just for the lulz of how the Powers That Be would react to our presence.

While I'm sure that fits of caniption would ensue, I was a bit distraught that it was thought that there are not enough freedom-loving, law-abiding, rule-adhereing-to folks already in the area. It is true that the squeaky wheel gets the grease and that the OP is well and properly squeeking. Apparently the thought was that it would be better if we heard from more folks in the Roanoke area. I am aware that some have been invited to join OCDO but have not decided to do so. Because I do not know the area I can't say that "all" of the known RKBA supporters know about OCDO, have been invited to join OCDO, or if known and invited have declined to do so.

So I'm putting forward the thought that recruiting for OCDO is a Good Thing[SUP]TM[/SUP]. I was once told that mountain folks are more reserved and generally are not "joiners" but we'll never know unless and until we try.

stay safe.

Deleted as silent grumbling.

I guess the call to arms will tell.

 

[Tosta Dojen]

Thanks for the support. For the record, I prefer open carry in most circumstances, and one of the main reasons I have for getting a CHP is so that I can carry through a "gun-free" school zone. I've seen posts suggesting that it's not necessary to worry about the federal GFSZ law, because it's never prosecuted as a standalone charge. However, I don't believe it's wise to put myself in a situation where I'm relying solely on the good graces of the prosecutor, having actually committed a criminal offense. Also, because of my respect for the rule of law, I obey the laws of the United States, even when they're dumb.

I'll be posting more later on when I have more time. I've put a lot of my time into this petition over the last several months, so now I'm spending the holiday weekend with my family. But I do want to offer clarity on one point.

[...] were there other reasons that you decided to go without an actual attorney (for the filing, recognizing that you probably had some great help along the way)[...]

Different jurisdictions have different views on 'ghostwriting' -- that is, the practice where an attorney drafts legal documents for a litigant who is proceeding pro se. The Virginia State Bar Standing Committee on Legal Ethics considers it to be an ethical violation, if the arrangement is not disclosed to the court and to opposing parties. LEO #1803. (See also LEO #1592, LEO #1127.)

I wouldn't want anybody with an interest in the case to get the idea that an ethical violation has taken place. For that reason, I want to make it perfectly clear that the petition is entirely a product of my own research and study. I had no assistance from any other person in drafting the petition.

 

[roscoe13]

Also, because of my respect for the rule of law, I obey the laws of the United States, even when they're dumb.

Boy, I'm glad our forefathers had more respect for what's right than the rule of law....


Roscoe

 

[Tosta Dojen]

The petition was this day filed in the Supreme Court of Virginia. (Thanks, peter nap!)

Respondents have 21 days to file a responsive pleading, according to Rule 5:7(b)(5).

 

[TFred]

The petition was this day filed in the Supreme Court of Virginia. (Thanks, peter nap!)

Respondents have 21 days to file a responsive pleading, according to Rule 5:7(b)(5).

Where has it been all this time in between? I really have very little understanding of this process.

TFred