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Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 10:24:21
by dorminWS
SHMIV wrote:Didn't catch on that you were a college student, OP. Glad to see that the younger folks are positvely representing the gun owning community.
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>>>>>>>>>>>>>>>>>>>>>
Just as I figured; that "RU" tacked onto the end of "Zach" was a pretty strong indication that the OP was a student at Radford University.
Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 13:24:50
by mamabearCali
What?!? This is ridiculous and illegal to boot. Call VCDL pronto. This is a rogue judge that needs to be brought into line.
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Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 15:01:30
by ZachRU
Haha as y'all figured out I am a criminal justice major at Radford University. Just finishing up my junior year now.
As for an update I just got back from the clerks office. They had never heard of the 45 day rule but after I explained it to them and they checked their manual they were very prompt and polite. They went and got my original application off the judges desk and certified it and I walked out with it in under 15 minutes. I also informed them to let the judge know I will not be appearing for his "court date" and that I will be waiting for him to approve my application.
I'm going to email the VCDL as soon as I get off work tonight and go into detail about everything.
Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 15:12:52
by dorminWS
If I were you, I'd be very careful to not do anything that might have you before that judge in the future.
Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 15:37:33
by DryBones
ZachRU wrote:Haha as y'all figured out I am a criminal justice major at Radford University. Just finishing up my junior year now.
As for an update I just got back from the clerks office. They had never heard of the 45 day rule but after I explained it to them and they checked their manual they were very prompt and polite. They went and got my original application off the judges desk and certified it and I walked out with it in under 15 minutes. I also informed them to let the judge know I will not be appearing for his "court date" and that I will be waiting for him to approve my application.
I'm going to email the VCDL as soon as I get off work tonight and go into detail about everything.
How can the judge approve your application if you walked out with it?
Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 16:02:51
by ZachRU
Drybones I walked out with the certified copy. The judge will still have my original copy. The certified copy serves as a de facto permit until a decision is made.
As for another update the clerk just called me to let me know the judge says I still need to show up for the court hearing Friday. I asked if it was mandatory to appear and she told me to "use my own discretion".
She then called back 5 minutes later to let me know the judge said the hearing will happen with or without me so use my discretion wether to come or not.
Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 16:12:39
by DryBones
ZachRU wrote:Drybones I walked out with the certified copy. The judge will still have my original copy. The certified copy serves as a de facto permit until a decision is made.
As for another update the clerk just called me to let me know the judge says I still need to show up for the court hearing Friday. I asked if it was mandatory to appear and she told me to "use my own discretion".
She then called back 5 minutes later to let me know the judge said the hearing will happen with or without me so use my discretion wether to come or not.
thanks for clarifying and I suggest taking legal counsel with you on Friday!
Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 16:18:12
by ZachRU
I would love to come with a lawyer but sadly my funds won't accommodate that. I'm going to go in with a plan though and ill keep everyone updated!
Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 16:23:52
by DryBones
make sure to have a couple copies of the code section 18.2-308 with you with Section D marked clearly! good luck! can't wait to hear how this turns out. Don't forget to let VCDL know about your upcoming hearing.
Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 19:43:33
by wally626
The application has to be signed, notarized or witnessed by the clerk,when turned in, but after 45 days you would need to get the clerk to certify the application and I assume give you a copy, I never got a copy of mine just turned it in, and thankfully not being in Radford it was handled efficiently and I received it in the mail well before the 45 days and my recent renewal went even quicker probably about 2 weeks. In the end the judge has to sign it, so pissing him off is probably not a good thing to do. I have never heard of a judge in VA requiring you to go in person to get a CPP, they do require the kids to go in person to get their drivers license, not sure if that is state wide or just local.
The wise thing is to go ahead and get the permit certified as being past 45 days, and go see the judge as scheduled, but try and bring a VCDL rep with you.
Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 20:35:25
by mamabearCali
Virginia is a shall issue state.....why is there a hearing at all. This is baloney.
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Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 20:39:33
by mamabearCali
I want to add please please get in contact with VCDL. If this judge gets away with this, it can spread to other venues. You need someone there who knows the law old and knows what to say to the judge to remind him that he s not a law unto himself.
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Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 20:55:06
by GeneFrenkle
+1 mamabearCali.
Doesn't sound lawful to me, rather just a judge pontificating and reveling in themself. Should just be a quick bg check and the judge signing it to indicate you satisfy the legal requirements. No discretion needed or warranted.
but, ianal.
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Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 23:09:23
by ZachRU
Just got done sending a detailed e-mail to the president and vice president of VCDL. Tomorrow I'm going to try and see if there's anyway to file a complaint to the VA Chief Justice besides mail but worst case I'll just print out the same e-mail I sent but addressed the the Chief Justice and send it in.
Re: Ridiculous CHP process in Radford
Posted: Mon, 06 May 2013 23:38:41
by Mindflayer
I love it when the judicial branch thinks they are the legislative branch. Good luck, and keep us apprised.
Re: Ridiculous CHP process in Radford
Posted: Tue, 07 May 2013 06:50:12
by Swampman
I think I'd be moving outside the city limits. No sense subjecting yourself to unnecessary scrutiny at the hands of a bunch of wackjobs who subvert the law to their own uses. Gotta find a way to pull back the curtain on these bozo's. Good luck young man, and study hard.
Re: Ridiculous CHP process in Radford
Posted: Fri, 10 May 2013 16:56:43
by ZachRU
Hey guys just wanted to let you know after talking to some people from VCDL I decided I'd rather not show up for the court hearing. I suppose all I can do now is wait to see the decision in the mail.
Re: Ridiculous CHP process in Radford
Posted: Sat, 11 May 2013 00:07:24
by mamabearCali
See this is the problem.....there should be no "decision". You fit the requirements, you apply, you get the licence. VA is a shall issue state. Judges do not get discretion on this. End of story. Who do we report this judge to? Who is his superior?
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Re: Ridiculous CHP process in Radford
Posted: Sat, 11 May 2013 01:52:21
by DryBones
something tells me that is already in the works....

Re: Ridiculous CHP process in Radford
Posted: Sat, 11 May 2013 06:44:11
by SpanishInquisition
It makes one wonder exactly just how familiar hizzhonor is with the code of virginia.
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