Virginia Gun Owners Forum - VGOF

I'm less than two weeks away from my move from Ohio to Charlottesville, VA.
I probably should have done this months ago but I just starting to read up on firearms and carry laws of my new home.

A couple of years ago I posted a list of links to the Ohio Revised Code (ORC) of all the areas of Ohio state law that were of concern to people that own and/or carry firearms.
That was posted here: on the Ohioians For Concealed Carry forums.

I've found the Code of Virginia Searchable Databaseand the Charlottesville City Code.

Two questions for right now.
1. Is there a list similar to the one I did for VA gunlaws?
2. Is the defacto gun registration by the city of Charlottesville found in Section 33-3 of the city code still in effect since state preemption went into effect? If not, is anyone doing anything to get the power that be to remove that ordinance?

AlanM wrote:2. Is the defacto gun registration by the city of Charlottesville found in Section 33-3 of the city code still in effect since state preemption went into effect? If not, is anyone doing anything to get the power that be to remove that ordinance?

Is there even a single firearms dealing in the city proper?
The only ones I know of are in the county. I would also think that preemption took care of that one, but I can't say for sure.

ETA: OK, FFL look up shows one pawn shop and maybe one or two other FFL holders inside the city limits.

Drive to Lynchburg. Plenty of places there to buy guns

http://maps.google.com/maps?near=Lynchb ... near=&z=16

chrismartin wrote:

AlanM wrote:2. Is the defacto gun registration by the city of Charlottesville found in Section 33-3 of the city code still in effect since state preemption went into effect? If not, is anyone doing anything to get the powers that be to remove that ordinance?

Is there even a single firearms dealing in the city proper?
The only ones I know of are in the county. I would also think that preemption took care of that one, but I can't say for sure.

ETA: OK, FFL look up shows one pawn shop and maybe one or two other FFL holders inside the city limits.

I should have realized that that was the situation.

That is exactly the same as the gun stores around Cleveland and Canton, and Akron for that matter. The laws concerning gun stores (now preempted) in those cities were so onerous that the stores were/are not IN the cities. But, are in fact, in adjoining communities that are more gun business friendly.

In fact, Cleveland's law suit over preemption was just lately decided by the Ohio Supreme Court in our favor. So preemption is now (as of about 6 months ago) officially the law of the land in Ohio.

One interesting thing about Ohio's preemption law is that it is the ONLY place in the Ohio Revised Code where open carry of handguns is mentioned and then only to preempt all local open carry laws.
Open carry is legal in Ohio and, in fact, always has been because there has never been a state law against it.
OBTW - it is ORC 9.68 if you're interested. Short, sweet, and seemingly NO loopholes.

Before I forget, thanks for the prompt responses.

More questions:

I am totally ignorant on the the political jurisdictions in Virginia.
There seems to be a Charlottesville sheriff and a Albemarle County sheriff. From what I can figure out I need to take my CHP application to the county sheriff. Is that correct?

There also seems to be two separate circuit courts. Which one do I take the form to after the sheriff?

Finally, I have a current Ohio License to Carry a Concealed Handgun.
To obtain that license one must take and pass a 12 hour course consisting of 10 hours of classroom and 2 hours of range time.
Is it possible that just having my Ohio license will be sufficient proof of training to get my VA CHP?
I do have a DD214 from the US Navy but it's dated 1977 and I don't recall if it lists my Expert .45 Pistol qualification.
Also, if I look real hard I could probably find my card from the NRA that shows that back in 2004 I was a Certified Instructor for the Basic Pistol and Basic Rifle courses.

All your proof docs are good..DD214 can stand alone. If in doubt about which Circuit Court or Sherrif office ,, Give em a call and I'm sure they'll fix ya up.... Being a gun freindly state they are very familiar with questions pertaining to the CHP

AlanM wrote: From what I can figure out I need to take my CHP application to the county sheriff. Is that correct?

The application goes to the Clerk of the Circuit Court in the County or City where you reside, not the Sheriff.

ProShooter wrote:

AlanM wrote: From what I can figure out I need to take my CHP application to the county sheriff. Is that correct?

The application goes to the Clerk of the Circuit Court in the County or City where you reside, not the Sheriff.

I realize that. I thought that I read on here in another thread that the person posting took their application to the local sheriff (for fingerprinting maybe?) who then forwarded it on to the clerk of court.

AlanM wrote:

ProShooter wrote:

AlanM wrote: From what I can figure out I need to take my CHP application to the county sheriff. Is that correct?

The application goes to the Clerk of the Circuit Court in the County or City where you reside, not the Sheriff.

I realize that. I thought that I read on here in another thread that the person posting took their application to the local sheriff (for fingerprinting maybe?) who then forwarded it on to the clerk of court.

Yeah some counties are bass ackwards like that but the Clerk should be the first stop.

More questions:

I am totally ignorant on the the political jurisdictions in Virginia.
There seems to be a Charlottesville sheriff and a Albemarle County sheriff. From what I can figure out I need to take my CHP application to the county sheriff. Is that correct?

There also seems to be two separate circuit courts. Which one do I take the form to after the sheriff?

VA does have a different system than some states. In most states, like the one I grew up in WA, cities are in counties, so Seattle is in King County. Seattle has its own court and police of course, un-incorporated areas are handled by the county. In VA the cities are separate from the counties. Williamsburg is not in James City County but a separate entity. So if you live within the city limits of Charlottesville then the Charlottesville City court is where you apply for a permit, if you live outside the City proper then you would go to the Albermarle County Courts. Where I live in York County there are separate communities, like Tabb, Yorktown, Seaford, Grafton but as far as government, police, courts etc. we are all in York County. Poquoson is a little weird in that it is an independent city but uses the York County Court and Police system.

AlanM wrote:I realize that. I thought that I read on here in another thread that the person posting took their application to the local sheriff (for fingerprinting maybe?) who then forwarded it on to the clerk of court.

Someone please correct me if I am mistaken, I do not believe that fingerprinting is required. I know that VCDL recently issued a warning about certain localities wanting to photograph CHP holders (also not required).

Yarddawg wrote:

AlanM wrote:I realize that. I thought that I read on here in another thread that the person posting took their application to the local sheriff (for fingerprinting maybe?) who then forwarded it on to the clerk of court.

Someone please correct me if I am mistaken, I do not believe that fingerprinting is required. I know that VCDL recently issued a warning about certain localities wanting to photograph CHP holders (also not required).

Fingerprinting is only required if the jurisdiction passes a local ordinance requiring it.

Thanks Jim!

Thanks for the clarifications.
I'll be living about 1.5 miles south of Monticello, in the county, not in the city proper.

I just got off of the phone with a young lady in the office of the Clerk of the Albemarle Circuit Court.
She told me that my current Ohio CHL is fine for the proof of training.
Just before I hung up I asked her what kind of time frame I could expect and she said 60 days.
I thanked her, said I would be in next week with my application, and hung up.
30 seconds later I realized --- WAIT A MINUTE!!! WTH!!???

60 days???

AlanM wrote:I just got off of the phone with a young lady in the office of the Clerk of the Albemarle Circuit Court.
She told me that my current Ohio CHL is fine for the proof of training.
Just before I hung up I asked her what kind of time frame I could expect and she said 60 days.
I thanked her, said I would be in next week with my application, and hung up.
30 seconds later I realized --- WAIT A MINUTE!!! WTH!!???

60 days???

Plan to call them on day 46 and demand your temporary permit.

Yarddawg wrote:Thanks Jim!

My pleasure!

Correct as to the political distinctions - cities and counties are parallel and independent of each other; towns are incorporated areas within counties.

Judicial circuits may overlap and generally incorporate the territorial limits of the counties they sit in, but that's not necessarily true (e.g., the Seventeenth, which includes the City of Falls Church and the adjacent county of Arlington).

Note that the "city, state, zip" line of your mailing address is the location of the post office your mail goes through, not your location. It may say, "Charlottesville", even though you actually reside in Albemarle Co.

When you apply for a CHP take two complete originals to the clerk's office and submit one with your check and have them file-stamp the other copy for your records. That's proof of what you filed and when you filed it. The date of filing is day zero - on day forty-six, take a photocopy of your other original down to the clerk's office in person and demand your temporary CHP. Be sure to photocopy your proof of training and attach the photocopy to the application, use no original documents for that purpose.

I'm pretty sure that the statute permitting localities to do gun registration has been repealed, making the C'ville ordinance void.