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Is my resident CHP still valid?
Posted: Sun, 15 Feb 2015 18:01:03
by vepcolm
I obtained my VA resident CHP in 2011. In June of 2014 I moved for 5 months to Kentucky and recently have moved back to Virginia into a different county than I originally moved from. My permit does not expire until 2016 and I was wondering if I am still good to go as far as carrying concealed? If not what would I need to do?
Thanks.
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Re: Is my resident CHP still valid?
Posted: Sun, 15 Feb 2015 18:28:54
by MarcSpaz
I think all you need to do is request a new permit with the address that matches your ID/Driver's license. If it didn't expire and you didn't surrender it... You should be good with just an address change.
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Re: Is my resident CHP still valid?
Posted: Sun, 15 Feb 2015 19:06:24
by ProShooter
Still valid, imho.
Re: Is my resident CHP still valid?
Posted: Sun, 15 Feb 2015 20:48:16
by Chasbo00
Your resident permit is still valid until it expires or is revoked. It's not based on where you live until time for renewal. However, you have the option to get it changed to your new address if you desire.
§ 18.2-308.011. Replacement permits.
A. The clerk of a circuit court that issued a valid concealed handgun permit shall, upon presentation of the valid permit and proof of a new address of residence by the permit holder, issue a replacement permit specifying the permit holder's new address. The clerk of court shall forward the permit holder's new address of residence to the State Police. The State Police may charge a fee not to exceed $5, and the clerk of court issuing the replacement permit may charge a fee not to exceed $5. The total amount assessed for processing a replacement permit pursuant to this subsection shall not exceed $10, with such fees to be paid in one sum to the person who receives the information for the replacement permit.
http://leg1.state.va.us/cgi-bin/legp504 ... .2-308.011
Re: Is my resident CHP still valid?
Posted: Sun, 15 Feb 2015 22:23:54
by vepcolm
When I moved to Kentucky I transferred my drivers license to that state. At that point according to § 18.2-308.01 (a) my permit was no longer valid in VA since I didn't have a valid photo ID issued by the commonwealth any longer. I have now transferred it back to VA. I will get the address change taken care of for the CHP asap. Can I carry concealed even if the addresses are not the same on my DL and CHP?
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Re: Is my resident CHP still valid?
Posted: Sun, 15 Feb 2015 22:29:46
by MarcSpaz
I'll have to re-read the code and let you know. I don't recall the exact verbiage.
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Re: Is my resident CHP still valid?
Posted: Sun, 15 Feb 2015 23:34:55
by Chasbo00
vepcolm wrote:Can I carry concealed even if the addresses are not the same on my DL and CHP?
Yes. In fact getting your CHP changed to match your current VA address is optional on your part. VA has no CHP related requirement to notify given a change of address.
Re: Is my resident CHP still valid?
Posted: Mon, 16 Feb 2015 05:20:16
by MarcSpaz
I am half inclined to agree with Charlie. I didn't find anything that spells out you have to get an updated CHP. Nor did I find any listing of penalties for failure or cancellation for failure to do so. However, I'm not a lawyer.
I found two pieces of code that look like your current address has to be listed if you move. for $10, I would just get the replacement permit with the right address and skip any potential headache down the road.
Let me know what you think.
Code of VA § 18.2-308.011. Replacement permits.
A. The clerk of a circuit court that issued a valid concealed handgun permit shall, upon presentation of the valid permit and proof of a new address of residence by the permit holder, issue a replacement permit specifying the permit holder's new address. The clerk of court shall forward the permit holder's new address of residence to the State Police. The State Police may charge a fee not to exceed $5, and the clerk of court issuing the replacement permit may charge a fee not to exceed $5. The total amount assessed for processing a replacement permit pursuant to this subsection shall not exceed $10, with such fees to be paid in one sum to the person who receives the information for the replacement permit.
Now, this section of code is direction to the issuing courts... not permittee, but still a good indicator.
Code Of VA § 18.2-308.04. Processing of the application and issuance of a concealed handgun permit.
E. The permit to carry a concealed handgun shall specify only the following information: name, address, date of birth, gender, height, weight, color of hair, color of eyes, and signature of the permittee; the signature of the judge issuing the permit, of the clerk of court who has been authorized to sign such permits by the issuing judge, or of the clerk of court who has been authorized to issue such permits pursuant to subsection D; the date of issuance; and the expiration date. The permit to carry a concealed handgun shall be no larger than two inches wide by three and one-fourth inches long and shall be of a uniform style prescribed by the Department of State Police.
Re: Is my resident CHP still valid?
Posted: Mon, 16 Feb 2015 07:48:19
by ProShooter
You guys missed the obvious!
vepcolm wrote:When I moved to Kentucky I transferred my drivers license to that state. At that point according to § 18.2-308.01 (a) my permit was no longer valid in VA since I didn't have a valid photo ID issued by the commonwealth any longer.
Code - "The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and shall display the permit and a photo identification issued by a government agency of the Commonwealth."
It doesn't say
which Commonwealth!
(Hint - Kentucky is a Commonwealth).
Re: Is my resident CHP still valid?
Posted: Mon, 16 Feb 2015 08:29:39
by Chasbo00
Left out a couple of or conditions too that don't involve commonwealth...
The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and shall display the permit and a photo identification issued by a government agency of the Commonwealth or by the U.S. Department of Defense or U.S. State Department (passport) upon demand by a law-enforcement officer.
http://leg1.state.va.us/cgi-bin/legp504 ... 8.2-308.01
Re: Is my resident CHP still valid?
Posted: Mon, 16 Feb 2015 16:29:48
by SHMIV
Ehh... looks like we're getting into "keep a lawyer on retainer"territory. There was a time when it probably wouldn't be something to worry about.
But, these days, I'd err on the side of caution. As Marc suggested, drop a few bucks on updating documentation. You've got your VA license, now drop a few bucks on updating your current and valid permit to reflect your current and valid VA address.
Why risk it?
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Re: Is my resident CHP still valid?
Posted: Mon, 16 Feb 2015 18:37:10
by smltooner
When I moved (in the same county) I went to the Clerk's Office to change the address in my CHP and was told that was not necessary until renewal as long as my DL was correct.
Re: Is my resident CHP still valid?
Posted: Mon, 16 Feb 2015 20:37:00
by vepcolm
Thanks for the help guys. I guess basically I'm worried that since it appears that my CHP is in some way connected to my record by my drivers license (I have been pulled over a few times and the officers have always asked if I have my weapon) and I did cancel my VA DL. There is a possibility that that info is no longer there. Who can I contact that would be able to verify for me that I still show to possess a valid permit? Thanks again.
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Re: Is my resident CHP still valid?
Posted: Mon, 16 Feb 2015 21:48:06
by MarcSpaz
It doesn't work the way you think. A Judge makes an official ruling to allow you to have a permit. Your permit number is your case number. The permit doesn't become null unless so ordered by a Judge. Unless your permit was ordered null by a Judge for a reason which disqualifies you... your permit is good.
Re: Is my resident CHP still valid?
Posted: Tue, 10 Mar 2015 08:28:07
by wittmeba
Number one answer: Maybe
Re: Is my resident CHP still valid?
Posted: Tue, 10 Mar 2015 15:12:52
by MarcSpaz
You know what they say... 4 out of 5 people think the 5 guy is an idiot.