Blatent violation of Virginia State Law by Albemarle County?

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Re: Blatent violation of Virginia State Law by Albemarle County?

Postby BW1911 » Wed, 28 Mar 2012 08:47:02

wickedjoker56 wrote: i made a big deal about it but took the class anyhow. i felt as if i didnt haft too . guys in my unit have gotten theirs with just a military id and nothing more.


Assuming you could produce a copy of your DD214, it's too bad that you took the class instead of going up the chain in the clerk's office, even to the judge, or the State Police, or a gun-friendly attorney who could have made a simple call. You not only just cost yourself some class money out of pocket, but even worse, you also reinforced that clerk's misunderstanding of the law, so the clerk's "win" is likely to similarly adversely affect more vets in your county, down the road.


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Re: Blatent violation of Virginia State Law by Albemarle County?

Postby wickedjoker56 » Wed, 28 Mar 2012 09:32:08

True but my wife pulled me out of the office cause of the situation was getting heated. thinking back on it i should have handled it differently.I just assumed that what she was saying was like a local ordinance or somthing which is why i took the class. also being that i live next to military base that the class was manitory and that the military couldnt just walk in with a id and dd214 to obtain the CHP. the interesting thing is, my locality isnt the only place which requires the class for vets and active duty peeps. talking to a few local gun shops, this has happened before many times with all the surrounding countys and citys. 4 months ago i did not sit down and research like im doing now. For future reference and to help other vets like my self, i do inform them of what i know now and actually helped a few of my friends get their CHP also. So the saying knowledge is power is burned into my brain. and i intend to educate anyone who comes across my path.


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Re: Blatent violation of Virginia State Law by Albemarle County?

Postby mk4 » Wed, 28 Mar 2012 10:57:46

@wickedjoker56...
Which circuit?
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Re: Blatent violation of Virginia State Law by Albemarle County?

Postby wickedjoker56 » Wed, 28 Mar 2012 12:02:39

Hopewell. The funny thing is. when i called to set up the CHP class. i asked the INSTRUCTOR about that same situation and he said that yes that hopewell requires it and also petersburg and colonial heights. he didnt know why they did it but its just what they do and for me to go ahead and take the class so i could get everything i needed to be issued the permit.


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Re: Blatent violation of Virginia State Law by Albemarle County?

Postby BW1911 » Wed, 28 Mar 2012 13:38:08

So, the instructor you were paying to instruct you recommended that you pay him to instruct you? Well now, that's certainly convenient for everyone ;-)


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Re: Blatent violation of Virginia State Law by Albemarle County?

Postby mk4 » Wed, 28 Mar 2012 14:04:44

wickedjoker56 wrote:Hopewell. The funny thing is. when i called to set up the CHP class. i asked the INSTRUCTOR about that same situation and he said that yes that hopewell requires it and also petersburg and colonial heights. he didnt know why they did it but its just what they do and for me to go ahead and take the class so i could get everything i needed to be issued the permit.


something sounds fishy in hopewell/petersburg/colonial heights.
for reference, below is the relevant section from va code section 18.2-308 (http://leg1.state.va.us/cgi-bin/legp504 ... d+18.2-308). from G5 (underlined), an honorable dd-214 should satisfy the training requirement and i don't see any leeway in discretion on that allowed to individual circuits. at least not if they are following statute.

for additional, future reference, the office of the chief justice of the va supreme court oversees all of the circuit court clerks' offices. there are a number of reports here and on other forums that say they are very receptive to reports of improper chp processes and then correcting same.

"§ 18.2-308
G. The court shall require proof that the applicant has demonstrated competence with a handgun and the applicant may demonstrate such competence by one of the following, but no applicant shall be required to submit to any additional demonstration of competence, nor shall any proof of demonstrated competence expire:

1. Completing any hunter education or hunter safety course approved by the Department of Game and Inland Fisheries or a similar agency of another state;

2. Completing any National Rifle Association firearms safety or training course;

3. Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, junior college, college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or the Department of Criminal Justice Services;

4. Completing any law-enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;

5. Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition or current military service or proof of an honorable discharge from any branch of the armed services;

6. Obtaining or previously having held a license to carry a firearm in the Commonwealth or a locality thereof, unless such license has been revoked for cause;

7. Completing any firearms training or safety course or class, including an electronic, video, or on-line course, conducted by a state-certified or National Rifle Association-certified firearms instructor;

8. Completing any governmental police agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or

9. Completing any other firearms training which the court deems adequate.

A photocopy of a certificate of completion of any of the courses or classes; an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document which shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this subsection."
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Re: Blatent violation of Virginia State Law by Albemarle County?

Postby wickedjoker56 » Wed, 28 Mar 2012 21:39:50

thank you for the info. doing a bunch of research i came across most of that info. i know better now but its done. I got my CHP so i guess in the end it all worked out just not in the way that the law intended it too. im thank full that i have this web site and lots of gun owners who are up to speed with current va laws and such. from now on i will consult the va code and the forms for info before proceeding . thanks


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Re: Blatent violation of Virginia State Law by Albemarle County?

Postby mk4 » Wed, 28 Mar 2012 21:49:41

Some good news is that there a couple of statutes changing as of July 1.
No more fingerprint requirement for first time resident permit applications, and, circuits will no longer be able to require anything other than what statute requires for the permit process. Some circuits were demanding non-mandated materials.
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Re: Blatent violation of Virginia State Law by Albemarle County?

Postby SilentServiceVet » Thu, 29 Mar 2012 00:48:57

Guess I'm fortunate to live in Stafford, VA. I live right off Courthouse Rd, so the circuit court was a 5 minute drive away. The clerk's office properly accepted my DD-214 as satisfying the training requirement, and I had the CC permit in-hand in exactly 22 days. And the folks working in the clerk's office were quite pleasant to deal with.

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Re: Blatent violation of Virginia State Law by Albemarle County?

Postby TFred » Tue, 17 Apr 2012 21:54:25

Just for future reference, there have been a couple references to "local ordinances" in this thread.

Welcome to Virginia. We have complete state-wide preemption of all laws "governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof..."

Note: "carry" is on that list, which clearly precludes any local additions to requirements of time periods for CHPs.

This is one of the best laws in the Code of Virginia, it is well worth your time to read it and become very familiar with it:

http://leg1.state.va.us/000/cod/15.2-915.HTM

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