My CHP Request Process

[VACoastie]

As most of you already know, I'm out of country in the Caribbean but due to transfer back to somewhere in the states here shortly.

I don't currently have a CHP nor have I had one before. I'm a resident of VA with ties to the NNK. Problem is, I live in a territory where gun laws are so strict, you may as well be a criminal if you want to even possess a gun. I called the county clerk and told her my situation and she helped me out. Basically what I need to do is:
1) Copy my Drivers License - this is to show I'm a resident of THAT county.
2) Fill out SP-248 and sign it in front of a notary, have notary stamp it.
3) Take a hunters safety course, or a gun safety course (More info in references)
4) Within the envelope I send to the county clerk, place $15.00 in cash or cashiers check - for court fees
5) Place a Self-Addressed Stamped Envelope (SASE) within my mailed bundle of joy. - This is so they can send back my CHP license and any other info therein.

That was yesterday (4 JAN 12). I got work tonight but I wanted to at least knock something out so I googled the online safety courses that if certified are accepted by VA Circuit Courts. The first site I found discouraged me for a moment because they didn't accept PR as an option for billing info. However on the second site that I went to did (See references).

It was cheap, only 25 bucks, and featured a 17 minute EXTREMELY basic into to weapons. It went over the differences between the type of handguns, the difference between FMJ/JHP ammo, showed differences in calibers, how to load/unload/disassemble a semi-auto pistol. I decided to fight against my brain screaming "HIT TAKE TEST!!!" and watched the whole thing. It's definitely recommended for new people to the gun world as it talks about safety concerns and maintenance concerns of a firearm. That said, I hit the button to take the test and finished it in about 2-3 minutes and passed with 100%. Apparently you need at least a 75% to pass.

For now, all I have to do is head over to the Captains Quartes and request his Secretary to witness and notarize my SP-248 which I intend to fill out now and print at work. Her notary will have to wait until at least Monday though.

REFERENCES
1) SP-248 APPLICATION FOR CONCEALED HANDGUN PERMIT COMMONWEALTH OF VIRGINIA VIRGINIA CODE § 18.2-308 http://www.vsp.state.va.us/downloads/SP ... 1-2012.pdf
2)§ 18.2-308 Law regarding Carry Conceal / Personal Protection - gives requisites of gun knowledge/safety (See Para "G") http://leg1.state.va.us/cgi-bin/legp504 ... d+18.2-308
3) Where I took my online course
http://www.vaguntraining.com/

*NOTE* Be reminded, all of your info goes to the CIRCUIT court, NOT the district court.

[lizjimbo]

There are a bunch of people that have problems with the online course you describe. It is probably the same one my wife and I took for our carry permits. I think Virginia defers to the citizens in that they believe we are mature enough to know which end of the barrel the bullet comes out of. Unless I hear about new cow holders shooting themselves in the foot everyday I am planning on believing that Virginia has a trust in its citizens for a reason. There are plenty of people out there that have many years of experience with firearms training and they still shoot themselves in the foot occasionally. To carry a firearm you need two things...a sense of responsibility and common sense.

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[ProShooter]

I cringe every time someone says that they took an online CHP course.

[dusterdude]

Coastie,are you a first time enlistee or have you re-enlisted at some point?

[VACoastie]

I cringe every time someone says that they took an online CHP course.

I took an online CHP course I'm with ya on that though PS, I really am. Unless you already have a CHP and need to renew it I don't think they should be accepted. But... being that they accept it now I'm going for it.

Although... I'm also qualified to take down people, pepper spray, arrest, seize, and many other things.

On top of the things listed above in my OP, I also just finished writing a memorandum to the presiding judge explaining my reasons for wanting to receive my CHP and explained my role - so it's pretty clear to him that I'm not average Joe asking for one.

[VACoastie]

Coastie,are you a first time enlistee or have you re-enlisted at some point?

Negatory, I'm actually going up for my 2nd re-enlistment soon (been in now 7.5 years).

[gfost1]

VACoastie,

Are you applying then for a VA resident CHP? If so, have a closer look at the snippets from the code section:

D. ... The court shall issue the permit via United States mail and notify the State Police of the issuance of the permit within 45 days of receipt of the completed application unless it is determined that the applicant is disqualified...

IANAL, but I think this, coupled with the fees set forth in section K, means they cannot require a SASE. Chesapeake wanted a SASE as well, but didn't force the issue when I "neglected" to provide one.

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 ...

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;...

Isn't the Coast Guard considered a branch of the military? If so, the online training is superfluous.

I. Persons who previously have held a concealed handgun permit shall be issued, upon application as provided in subsection D, and upon receipt by the circuit court of criminal history record information as provided in subsection D, a new five-year permit unless it is found that the applicant is subject to any of the disqualifications set forth in subsection E. Persons who previously have been issued a concealed handgun permit pursuant to subsection D shall not be required to appear in person to apply for a new five-year permit pursuant to this subsection, and the application for the new permit may be submitted via the United States mail...

Chesapeake refused to accept my application by mail until I included proof that I had a current permit. That's Chesapeake, your mileage may vary.

Section K. No fee shall be charged for the issuance of such permit to a person who has retired from service (i) as a magistrate in the Commonwealth; (ii) as a special agent with the Alcoholic Beverage Control Board or as a law-enforcement officer with the Department of State Police, the Department of Game and Inland Fisheries, or a sheriff or police department, bureau or force of any political subdivision of the Commonwealth, after completing 15 years of service or after reaching age 55; (iii) as a law-enforcement officer with the United States Federal Bureau of Investigation, Bureau of Alcohol, Tobacco and Firearms, Secret Service Agency, Drug Enforcement Administration, United States Citizenship and Immigration Services, Customs Service, Department of State Diplomatic Security Service, U.S. Marshals Service or Naval Criminal Investigative Service, after completing 15 years of service or after reaching age 55; (iv) as a law-enforcement officer with any police or sheriff's department within the United States, the District of Columbia or any of the territories of the United States, after completing 15 years of service; (v) as a law-enforcement officer with any combination of the agencies listed in clauses (ii) through (iv), after completing 15 years of service; or (vi) as a designated boarding team member or boarding officer of the United States Coast Guard, after completing 15 years of service or after reaching age 55.

The clerk shall charge a fee of $10 for the processing of an application or issuing of a permit, including his costs associated with the consultation with law-enforcement agencies. The local law-enforcement agency conducting the background investigation may charge a fee not to exceed $35 to cover the cost of conducting an investigation pursuant to this section. The $35 fee shall include any amount assessed by the Federal Bureau of Investigation for providing criminal history record information, and the local law-enforcement agency shall forward the amount assessed by the Federal Bureau of Investigation to the State Police with the fingerprints taken from the applicant. The State Police may charge a fee not to exceed $5 to cover their costs associated with processing the application. The total amount assessed for processing an application for a permit shall not exceed $50, with such fees to be paid in one sum to the person who receives the application. Payment may be made by any method accepted by that court for payment of other fees or penalties...

A direct reference to Coast Guard service here, would save you some bucks if it applies to you. Otherwise, looks like it costs $50.00, rather than $15.00, but maybe they're cutting you some slack. You deserve it.

Good luck, and God Bless.

Regards,

George

[VACoastie]

George,

Thanks for the amplifying info! I guess I didn't look so closely as I should have to that code. I think now that all of that is pointed out, I may call the Judge myself since he's a family friend and see what he recommends. After all, he'll be the guy saying yes or no to the application in the end. Maybe since BTM thing is listed they may cut me slack on the charges and that's why they're counting up $15.00 for the clerk fee and the PD fee.

[ProShooter]

Place a Self-Addressed Stamped Envelope (SASE) within my mailed bundle of joy. - This is so they can send back my CHP license and any other info therein.

On top of the things listed above in my OP, I also just finished writing a memorandum to the presiding judge explaining my reasons for wanting to receive my CHP and explained my role

if you took a real course, you'd know that none of this is necessary.

[gfost1]

George,

Thanks for the amplifying info! I guess I didn't look so closely as I should have to that code. I think now that all of that is pointed out, I may call the Judge myself since he's a family friend and see what he recommends. After all, he'll be the guy saying yes or no to the application in the end. Maybe since BTM thing is listed they may cut me slack on the charges and that's why they're counting up $15.00 for the clerk fee and the PD fee.

Sounds like a plan. The law says that they can't require anything extra from an applicant, but it doesn't say that they can't accept less. Having a affable relationship with the judge sure can't hurt! Back before shall-issue was the law of the commonwealth, there were jurisdictions where you had to have an "in" with the judge to get a permit.

Regards,

George

[VACoastie]

If you took a real course, you'd know that none of this is necessary.

Oh I don't doubt that one bit PS! That should be noted for anyone else who may read this that's looking to do the same.

Unfortunately Uncle Sam put me in a serious gun oppresive territory of the U.S. called Puerto Rico that makes Chicago gun laws and crime look like a joke . No hunting here except on a deserted island that they stock once a year with goat. A simple license to possess requires you to physically go to a judge with a lawyer present, go to a range and shoot (which you have to pay for also) and then cough up $300 bucks. Recreational license? Now your total goes to 800 because you need the possession license first. Concealed? Tack on another 1,000 or more with lawyer and court fees. One of my guys was denied his concealed license - Can you believe that horse hockey?!

The way I'm going about it, it probably isn't recommended for your typical person. Then again, I aint too typical haha

Oh man, I could write a novel about the PR PD and how jacked up they there, maybe for another topic.

[dusterdude]

Coastie,are you a first time enlistee or have you re-enlisted at some point?

Negatory, I'm actually going up for my 2nd re-enlistment soon (been in now 7.5 years).

Ok,what im gettin at is,were you issued a dd214 after your first enlistment,if so,thats all you need to get around the class requirement

[ProShooter]

Coastie,are you a first time enlistee or have you re-enlisted at some point?

Negatory, I'm actually going up for my 2nd re-enlistment soon (been in now 7.5 years).

Ok,what im gettin at is,were you issued a dd214 after your first enlistment,if so,thats all you need to get around the class requirement

This is true!

[Chasbo00]

Coastie,are you a first time enlistee or have you re-enlisted at some point?

Negatory, I'm actually going up for my 2nd re-enlistment soon (been in now 7.5 years).

Ok,what im gettin at is,were you issued a dd214 after your first enlistment,if so,thats all you need to get around the class requirement

The law states; "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;"

Federal law defines the Coast Guard as a military service. So, merely a copy of the OPs Coast Guard ID card should have been sufficient.

[VACoastie]

Duster - negative, however it's a pretty easy request to our Admin HQ. If he wants that I could get thst in a day.

Chas - That's my plan for now. When I was at work the other day I made a color copy of both the ID's side by side. The memo I wrote is on an offical CG memorandum, and my work number is there. One way or the other in their process they'll find out who I am lol

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[Chasbo00]

Chas - That's my plan for now. When I was at work the other day I made a color copy of both the ID's side by side. The memo I wrote is on an offical CG memorandum, and my work number is there. One way or the other in their process they'll find out who I am lol

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In case you don't have it, here is a link to the applicable VA law on CHPs.

http://leg1.state.va.us/cgi-bin/legp504 ... d+18.2-308

[Doyle]

The law states; "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;"

Federal law defines the Coast Guard as a military service. So, merely a copy of the OPs Coast Guard ID card should have been sufficient.

Well, Chasbo00 thanks for bringing up the obviuos. I kept reading this thread and wondering why an active duty Coastie was taking a firearms safety course to satisfy the CHP requirements when by state law he already meets the training requirement. Go figure!

[Chasbo00]

The law states; "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;"

Federal law defines the Coast Guard as a military service. So, merely a copy of the OPs Coast Guard ID card should have been sufficient.

Well, Chasbo00 thanks for bringing up the obviuos. I kept reading this thread and wondering why an active duty Coastie was taking a firearms safety course to satisfy the CHP requirements when by state law he already meets the training requirement. Go figure!

Well sadly, some counties have court clerks who either don't know the applicable law regarding applying for a CHP, or they just choose not to follow it. Most folks choose not to fight city hall on this and just do whatever they are told to do by the folks at the clerk's office - they just want to get their CHP. Sometimes, someone will make an issue of it. VCDL has been pretty effective in getting the county clerks to abide by the law regarding CHPs.

[mtbinva]

VACoastie, I agree with the online CHP course. For something quick, and has been trained and has shot, the online course is an absolute minimum. I did it simply because it was cheap. I actually did it right after I read this thread. 17 ½ minutes and I have a qualified course completion. Yeah, for CHP I believe one should have extensive knowledge on every aspect that comes with the responsibility. But that’s just me.

I’m actually going to sign up for a hands on course with a hands on training and the class work that covers CHP. Because while it is a right, it also will make ME safer, make ME smarter and make ME more responsible.

Just my 2 cents.

[lizjimbo]

I cringe every time someone says that they took an online CHP course.

Takes money right out of your pocket. Do you have an issue with open carry with no "formal paid for instruction" or just chp. Ya see I am a licensed land surveyor and cringe every time someone buys land without hiring me to prepare a survey.