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Question on CHP

swinokur

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Montgomery County, MD
Realizing this is OCDO, but with a such a great breadth of knowledge here, I thought it might be ok to ask this here.

Can a VA resident legally conceal carry in VA on an out of state Non resident permit?

Thanks.

Hopefully Grape will allow this question to be answered.
 
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JamesCanby

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Alexandria, VA at www.NoVA-MDSelfDefense.com
Realizing this is OCDO, but with a such a great breadth of knowledge here, I thought it might be ok to ask this here.

Can a VA resident legally conceal carry in VA on an out of state Non resident permit?

Thanks.

Hopefully Grape will allow this question to be answered.

From: http://www.vsp.state.va.us/Firearms_Reciprocity.shtm

As of July 1, 2016, pursuant to Virginia Code Section 18.2-308.014, the holder of a valid concealed handgun or concealed weapon permit or license issued by another state may carry a concealed handgun in Virginia provided all of the below conditions are met:

The holder of such permit or license is at least 21 years of age.
The permit or license holder carries a valid photo-identification issued by a government agency of any state or by the U.S. Department of Defense or U.S. Department of State.
The holder displays the permit or license and the government issued photo-identification upon demand by a law-enforcement officer.
The permit or license holder has not previously had a Virginia concealed handgun permit revoked.
 

scouser

Regular Member
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Apr 4, 2011
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804, VA
My guess is that if it is a VALID permit there shouldn't be a problem.

You may have to check the rules of the permit where it was issued from. For instance, Utah changed the rules for their non resident permits back in (I think) 2011, to something along the lines of in order to obtain the permit you had to have a permit in your home state if one was available. They may also (I have no idea having not researched it) stipulate that you must keep your home state permit up to date in order for the non resident permit they issued to remain valid.

Other states may have similar rules concerning their non resident permits, or no restrictions at all. You'd have to research the rules of the relevant state to be sure.

However, several years ago I did see a website where you could click on a map of the USA, and it would list where you were covered. You'd start by clicking your home state and then you'd click on states you had a non resident permit from. I no longer have that link, but someone else here may recognize it from my description and be able to point you there.
 

JamesCanby

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[snip...]
However, several years ago I did see a website where you could click on a map of the USA, and it would list where you were covered. You'd start by clicking your home state and then you'd click on states you had a non resident permit from. I no longer have that link, but someone else here may recognize it from my description and be able to point you there.

I suspect you are referring to handgunlaw.us, which I referenced in my previous post. I do not believe that Virginia requires you to have a VA CHP in order for the non-resident permit from another state to be valid. If you were referring to specifically to the Utah permit, it may still be valid that you have to have a valid home-state permit in order to get the Utah non-resident permit, but that does not affect the Virginia law that recognizes permits from ALL other states.
 
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2a4all

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Newport News, Virginia, USA
I suspect you are referring to handgunlaw.us, which I referenced in my previous post. I do not believe that Virginia requires you to have a VA CHP in order for the non-resident permit from another state to be valid. If you were referring to specifically to the Utah permit, it may still be valid that you have to have a valid home-state permit in order to get the Utah non-resident permit, but that does not affect the Virginia law that recognizes permits from ALL other states.
James:

Virginia recognizes valid permits from all other states.

If Utah requires a non-resident to have a valid home state CHP as a condition of issuance of their non-resident CHP, then it would seem that if that individual allows their home state permit (i.e. Virginia CHP) to lapse, their non-resident Utah permit becomes invalid. If an individual (Virginia resident) were carrying concealed under those conditions, and presented their non-resident Utah permit, a validity check of it should reveal the lapsed status of the home-state permit to the Utah authorities who would likely declare the Utah permit invalid.
 

Va_Nemo

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Location
Lynchburg
Interesting question for the bunch here. I currently carry a non-resident Virginia permit. I filed back in March '16 and did not receive anything until follow up calling and questioning until about October. It apparently was issued and mailed to me in Ga and went missing. I generally went OC and where necessary relied on FL and Ga permits.

It was reissued after a couple phone calls and some more paperwork mailed in. At that point I was a Va resident. It has an updated resident address card. It also has a nice photo of me on it. As pretty a photo and as official looking as drivers license.

Do I need to show another type of ID with that? Suppose I have no other ID? It is issued by Va State Police with all the pretty stars and shields.

Thoughts?

Nemo
 
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jmelvin

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Location
Lynchburg, Virginia, USA
Interesting question for the bunch here. I currently carry a non-resident Virginia permit. I filed back in March '16 and did not receive anything until follow up calling and questioning until about October. It apparently was issued and mailed to me in Ga and went missing. I generally went OC and where necessary relied on FL and Ga permits.

It was reissued after a couple phone calls and some more paperwork mailed in. At that point I was a Va resident. It has an updated resident address card. It also has a nice photo of me on it. As pretty a photo and as official looking as drivers license.

Do I need to show another type of ID with that? Suppose I have no other ID? It is issued by Va State Police with all the pretty stars and shields.

Thoughts?

Nemo

http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.01/
 

Va_Nemo

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OK, you cited the code section but gave no view on it. 308.01 B requires a photo ID, arguably with no concern as to it being a resident or non-resident CWP.

It is arguable that no additional photo ID is required with a non-resident permit because that issue is not included in the section (A) that deals with that and the standard non-resident CWP has a photo on it.

Additional question. Does a standard resident CWP have a photo on it similar to a drivers license?

If so, why is another ID required? If no, it is arguable and understandable (?) why a photo ID could be required.

My non-resident does have the photo on it, so why would/should additional ID required. Is the additional ID required. What if I have no other ID?

So, is the additional ID required or not with a non-resident CWP?

Nemo*

*I understand this is a viewpoint and not legal advisory. Because legal advice from the internet is always great to get and solid reliable like a SCOTUS decision. :cool:
 

countryclubjoe

Regular Member
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Messages
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nj
When i read such post about obtaining, licenses, permits and showing state issued ID and paying fees etc, I ponder, is the 2nd amendment a natural right or a de facto government issued " privilege"?.. Than I harken back to Murdock v Pa.. (1943) " States do not have the power to license or tax, a right guaranteed to the people"..

Than i ask, are we sheep or Patriots?..

Government and local tyrants prefer its citizens to be sheep. Only you can determine your status thereof..

" An equal and individual right, is that every man/woman hath, to his/her" natural freedom' without being subjected to the will or authority of another man'..

" Salus populi suprema lex esto'.. ' The health of the people, should be the Supreme law"..

Folks cannot achieve liberty or health, nor protect their family or self, while relying on government for a license or permit in the exercise thereof..

Sheep or Patriot? You decide..

My .02
Regards
CCJ
 

Firearms Iinstuctor

Regular Member
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Jul 12, 2011
Messages
3,416
Location
northern wis
When i read such post about obtaining, licenses, permits and showing state issued ID and paying fees etc, I ponder, is the 2nd amendment a natural right or a de facto government issued " privilege"?.. Than I harken back to Murdock v Pa.. (1943) " States do not have the power to license or tax, a right guaranteed to the people"..

Sheep or Patriot? You decide..

My .02
Regards
CCJ

The 2nd amendment has been the unwanted step child for decades now. The progressive big government types have been working hard to destroy it for a long time.

They have done a good job of it for far to long.

We are slowly gaining our rights under back.

We are one court ruling or piece of legislation from losing or gaining them back.

We are winning we have had more favorable laws passed then not. Only in a few states are we losing.

We could easily see another couple of states go constitutional carry this year.

I have more hope now then I did 20 years ago.

For those of you who think we should raise up have at it feel free to spend your time life and money doing so.

We are moving the ball down the field towards the goal I spend my money and time on those proven efforts.
 
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JamesCanby

Activist Member
Joined
Jul 2, 2010
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Alexandria, VA at www.NoVA-MDSelfDefense.com
When i read such post about obtaining, licenses, permits and showing state issued ID and paying fees etc, I ponder, is the 2nd amendment a natural right or a de facto government issued " privilege"?.. Than I harken back to Murdock v Pa.. (1943) " States do not have the power to license or tax, a right guaranteed to the people"..

Than i ask, are we sheep or Patriots?..

Government and local tyrants prefer its citizens to be sheep. Only you can determine your status thereof..

" An equal and individual right, is that every man/woman hath, to his/her" natural freedom' without being subjected to the will or authority of another man'..

" Salus populi suprema lex esto'.. ' The health of the people, should be the Supreme law"..

Folks cannot achieve liberty or health, nor protect their family or self, while relying on government for a license or permit in the exercise thereof..

Sheep or Patriot? You decide..

My .02
Regards
CCJ

Thread hijack.

This was a question about a Virginia Concealed Handgun Permit (CHP) and its recognition, asked by a Virginian and answered by Virginians in the Virginia forum. It was not an invitation to philosophize about 2nd Amendment rights.
 

jmelvin

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Joined
Jun 12, 2008
Messages
2,195
Location
Lynchburg, Virginia, USA
OK, you cited the code section but gave no view on it. 308.01 B requires a photo ID, arguably with no concern as to it being a resident or non-resident CWP.

It is arguable that no additional photo ID is required with a non-resident permit because that issue is not included in the section (A) that deals with that and the standard non-resident CWP has a photo on it.

Additional question. Does a standard resident CWP have a photo on it similar to a drivers license?

If so, why is another ID required? If no, it is arguable and understandable (?) why a photo ID could be required.

My non-resident does have the photo on it, so why would/should additional ID required. Is the additional ID required. What if I have no other ID?

So, is the additional ID required or not with a non-resident CWP?

Nemo*

*I understand this is a viewpoint and not legal advisory. Because legal advice from the internet is always great to get and solid reliable like a SCOTUS decision. :cool:

Your question would be best left to a lawyer. It would seem to me that 308.01A addresses the requirements for a resident permit, which must be carried with a separate government issued photo ID (308.04 has no requirement for a photo on the resident permit and the permits issued across the Commonwealth must be uniform). 308.01A also states that those with a non-resident permit must provide the non-resident permit and provides no other requirement for identification. 308.01B addresses those who have a permit that must be presented with a valid photo ID and provides the punishment for the infraction when they are not provided upon demand by law enforcement. If a non-resident permit has a photo ID (as required by law in 308.06), then it would serve as both the permit and the government issued photo ID, if it indeed is applicable to the non-resident permit issued by the Commonwealth of Virginia.
 
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solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Thread hijack.

This was a question about a Virginia Concealed Handgun Permit (CHP) and its recognition, asked by a Virginian and answered by Virginians in the Virginia forum. It was not an invitation to philosophize about 2nd Amendment rights.

er, uh, excuse me mr canby...sir... just one, small point of order, if i might be afforded...

swinokur's profile states they are from Montgomery County, MD

just sayin'...

ipse
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
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Location
nj
Thread hijack.

This was a question about a Virginia Concealed Handgun Permit (CHP) and its recognition, asked by a Virginian and answered by Virginians in the Virginia forum. It was not an invitation to philosophize about 2nd Amendment rights.

Kind Sir, while I may have digressed from the original topic, surely you and everyone herein understands that this board is dedicated to our 2nd amendment right, therefore, any opining on said right would be apropos.. If you failed to recognize the nexus between the topic and my philosophizing about 2nd amendment rights, than I fear Sir, that you are missing the point of this board..

My .02
Regards
CCJ
 

JamesCanby

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Joined
Jul 2, 2010
Messages
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Location
Alexandria, VA at www.NoVA-MDSelfDefense.com
Kind Sir, while I may have digressed from the original topic, surely you and everyone herein understands that this board is dedicated to our 2nd amendment right, therefore, any opining on said right would be apropos.. If you failed to recognize the nexus between the topic and my philosophizing about 2nd amendment rights, than I fear Sir, that you are missing the point of this board..

My .02
Regards
CCJ

See the bold... You did indeed digress. This website has many threads in order to accommodate a wide variety of topics, and there are Social and General threads where you can pontificate to your heart's content. You do not need to add extraneous, digressing comments to a thread just to increase your post count or to impress people with how "smart" you are...
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
See the bold... You did indeed digress. This website has many threads in order to accommodate a wide variety of topics, and there are Social and General threads where you can pontificate to your heart's content. You do not need to add extraneous, digressing comments to a thread just to increase your post count or to impress people with how "smart" you are...

James, i am not trying to act smart or increase my post count, I am simply espousing that our precious 2nd amendment right to protect ourselves and our families is slowly become a " government issued privilege" via issuing permits, requiring licensing, waiting periods, etc.. James, possibly you cannot see the right slowly slipping away because you are looking thru the prism of a statist. As I articulated in the past, you support State liberty, I, on the other hand, support "individual liberty".. Instead of criticizing my minor digression, may be you should ponder my text and decide if you are a sheep or a Patriot.. Only you can be the judge of said status..

James, I respect your post and your comments and your opinions, I only ask that you return the same respect to me.

My .02
Regards
CCJ
 
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