• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Extra Legal Requirement for CHP in Accomack?

Blk97F150

Regular Member
Joined
Dec 21, 2010
Messages
1,179
Location
Virginia
It is very clear that the Accomack County Clerk of Court is in violation of numerous sections of the Code of Virginia (multiple cites provided earlier in this thread... and provided directly to the Clerk of Court via email). I don't think its unreasonable for them to be expected to follow the law. Any citizen in Virginia could be arrested and thrown in jail for violating the law.... yet the Clerk of Court can ignore it and do as they please?? :confused:

Btw, honestly.... I like the basic idea of the plastic CHP card. Its MUCH more durable than the paper that most counties issue.... as long as the Accomack Clerk would adhere to the Code of Virginia in issuing them....
 

Blk97F150

Regular Member
Joined
Dec 21, 2010
Messages
1,179
Location
Virginia
This article is from the most recent VCDL VA-Alert (If you don't get it, click HERE to sign up. Its free). While the article deals with a different county, the last paragraph seemed to fit this thread as well. :eek:



**************************************************************************
8. VCDL member in action! Report on Botetourt CHP application process
**************************************************************************
Member "Carrie" sent me this report on her interaction with the Botetourt County Circuit Court Clerk's office recently. This is NOT our public servants at their best:

I took my Mom to apply for her CHP. Knowing the issues over the photo-taking at the jail that I'd mentioned to you at the Republican convention, I was curious as to how it would go. That's the main reason I went, plus my mom was unsure what her rights were, requirements, needed paperwork, etc.

Everyone was courteous & knew what form my mom needed & were very happy to answer questions. When my mom handed the form back to the lady at the clerk's office who was helping her, the lady said, "Oh, we need your driver's license # since you didn't put your social in." After consulting in the other room with me, my mom decided to leave the space blank. When the lady was returned the form as-is, she further said she needed a driver's license number or a social "because they made us stop taking pictures it's harder for us to run background checks. If anybody else has your name and has a criminal record, you'll be denied your permit." I knew that was a lie & on top of that, if you get your permit denied, it's not the end of the story! You can appeal.

I jumped in at this point mentioning that (I didn't say anything about her lying, trust me! I was trying to keep this low key) and also stated that the social on the form was optional and wouldn't affect background checks. I also said "it was a violation of state law to require my mom to put anything there; the form clearly states it's optional." At this point everyone in the office froze and just eyed me like they'd seen a woman with 2 heads. :p However, the lady sullenly turned her back on us to continue the process with her computer. She suddenly became short and the whole situation started going downhill, although everyone's tempers and voices were in check. I for one was not going to get upset and have them write me off as a jerk!

To finish up the process, the lady helping my mom said, "OK, we'll call you when the permit comes in & you can come pick it up."

Me, turning to my mom, "Well, you can come pick it up or if you want to save the hassle of coming back up here, you can have it mailed to you."
My mom hesitated, weighing her options, so the lady in the office jumped in, "No, you have to come pick it up."
Me: "No, state law allows her to have it mailed to our house if she wants to. It's her choice."
Lady in the office: "No, she needs to pick it up so she can sign it." Me: I'm sorry, but you're mistaken. State law clearly allows this. She can sign the permit when it comes in the mail. Now, I personally would want to pick it up here because then y'all will laminate it, but it IS my mom's choice as to whether or not her permit will be mailed or she can pick it up as you said."

The lady finally & barely acknowledged I was correct. In the end, my mom chose to pick it up so it could be laminated. I would have probably done the same thing, but it was my mom's choice & she needed to decide that for herself.

My whole experience is that the CHP process is being run to suit the convenience of those working in the office, not as state law dictates. And when confronted with the law, they argue and get upset with you. The lady who helped us made it obvious with her body language - she would suddenly turn her back on us, set the paper down hard in front of us the 2nd time she asked for the driver's license number, etc.
 

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
Btw, honestly.... I like the basic idea of the plastic CHP card. Its MUCH more durable than the paper that most counties issue.... as long as the Accomack Clerk would adhere to the Code of Virginia in issuing them....

Just get it laminated :cool:

Although, IF they were to be in line with the code of VA, I wouldn't mind having a plastic one either, just for durability purposes. But NO PHOTOS or SSNs
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
Just get it laminated :cool:

Although, IF they were to be in line with the code of VA, I wouldn't mind having a plastic one either, just for durability purposes. But NO PHOTOS or SSNs

In the ten years I had a CWP (Didn't have CHP's then)....I never had to show it to anyone. Why would anyone want a Purdy one:banana:
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
Why would you ask about that? It has nothing to do with the issue at hand - that the piece of plastic the Clerk is issuing does not conform with § 18.2-308.04.


http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.04

§ 18.2-308.04. Processing of the application and issuance of a concealed handgun permit.



stay safe.

The issue at hand is that there is a circuit court clerk that is coloring outside the lines. Said clerks coloring outside the lines has consequences for more than just CHP holders from Accomack County.
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
No where on the plastic card does it identify the county, or the 'issuing authority'.... its just a plastic card with personal info printed in it. Send me your personal information, and I can print you one just like it.... :uhoh:

(kidding about the personal info... please don't send that to me! LOL)

Yes you could make one just like the clerk, but you would be breaking the forgery law because the document has the seal of the Commonwealth on it. The real question is whether the clerk also commits a criminal act by misusing the seal of the Commonwealth.

Here is the crime:

§ 18.2-169. Forging, or keeping an instrument for forging, a seal.

If any person forge, or keep or conceal any instrument for the purpose of forging, the seal of the Commonwealth, the seal of a court, or of any public office, or body politic or corporate in this Commonwealth, he shall be guilty of a Class 4 felony.
 
Last edited:
Top