Denied a permit in Fairfax County

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Denied a permit in Fairfax County

Postby froughtie » Thu, 12 Nov 2015 20:52:07

I just received a notice that my CHL permit was denied by a Fairfax County judge because my existing permit from Texas has a VA address on it.


I'm a former TX resident and CHL holder now living in Fairfax county. Texas requires all permit holders to update their addresses, so when I moved here, I sent them my new address and they sent me a new permit with a VA address on it.
Obviously Texas has reciprocity agreements with VA, so the license is valid here, but the judge apparently took some sort of exception to the fact that I had a VA address and denied my permit?


Is this legal? and what are my options?
Thanks


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Re: Denied a permit in Fairfax County

Postby allingeneral » Thu, 12 Nov 2015 21:47:30

Believe you need to appeal the decision within 21 days. Read through the information at the following link and follow some of the links within to review specific Code of Virginia laws.

http://www.vsp.state.va.us/Firearms_Res ... htm#Denied
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Re: Denied a permit in Fairfax County

Postby froughtie » Thu, 12 Nov 2015 23:08:33

allingeneral wrote:Believe you need to appeal the decision within 21 days. Read through the information at the following link and follow some of the links within to review specific Code of Virginia laws.

http://www.vsp.state.va.us/Firearms_Res ... htm#Denied



Thanks for the info, I plan on appealing it....I just need some information on what grounds to base my appeal on.

Is it illegal to have a VA residence on my permit? Are there any similar cases I can reference etc?


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Re: Denied a permit in Fairfax County

Postby MarcSpaz » Thu, 12 Nov 2015 23:19:35

Rick is right... you need to get an appeal submitted ASAP and I get a lawyer who specializes in firearms laws. Though I am not a lawyer, I have spent exhaustive hours studying US and VA gun laws. I am completely unaware of any legal standing, statute or Case law, justifying the Judge's actions. To the best of my knowledge, there is no code that says you cannot have a permit issued to you if you already have a permit issued by another state.

In fact, the code of VA specifically states that the courts or clerk of the court cannot request or require more information than listed in the State Code. This link is the only approved form for the courts to use. Application No where in the code is there any option for asking about out of state licenses, nor is there any questions about it on the only state approved form. How did the Clerk and/or Judge find out about your Texas permit? Did you provide your existing Texas permit as proof of competency? The may have violated State law by using that as part of the decision making process unless you volunteered the info.


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Re: Denied a permit in Fairfax County

Postby froughtie » Thu, 12 Nov 2015 23:52:42

Yes, I gave them a copy of my TX CHL as proof of Firearms proficiency...I had to take a 12hr course in TX in order to get the licence, so I felt that would be sufficient for VA

Any recommendations on a lawyer?


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Re: Denied a permit in Fairfax County

Postby ProShooter » Fri, 13 Nov 2015 00:14:39

froughtie wrote:Yes, I gave them a copy of my TX CHL as proof of Firearms proficiency..


Your Texas permit does not prove firearms proficiency......it proves that you have a Texas permit.
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Re: Denied a permit in Fairfax County

Postby MarcSpaz » Fri, 13 Nov 2015 00:24:07

I would call Casey Stevens. He is my crimianl defense attorney. I'm not sure if he will take the case personal or recommend someone, but in NoVA, he's really the only person I personal would recommend.

Ken Cuccinelli could possibly recommend someone as well. He is in Richmond. I'm not sure he would take it directly either, but he is the former VA State AG. He should know most of the right Firms and/or attorneys to help.

You may end up having to skip the appeal, take a class with someone like ProShooters and submit a new application without any reference to your TX permit. Your attorney will advise you if that is a viable option or not... but I figured I would mention it as something to ask a lawyer about.

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