The $1000, six month wait Concealed Carry Permit

This is a discussion on The $1000, six month wait Concealed Carry Permit within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Link to original thread: http://www.defensivecarry.com/forum/...unty-va-2.html Yesterday was the date for my wife's ore tenus hearing on her CHP denial. We went to court. Our attorney ...

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Thread: The $1000, six month wait Concealed Carry Permit

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    Member Array celticredneck's Avatar
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    The $1000, six month wait Concealed Carry Permit

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    Wife denied CHP in Amelia County Va.

    Yesterday was the date for my wife's ore tenus hearing on her CHP denial. We went to court. Our attorney spoke with the commonwealths attorney, they signed some papers. The judge came in and my wife's case was called. The commonwealths attorney spoke saying that they had made a mistake and my wife was not disqualified from obtaining a permit.Then the judge signed the paper granting her permit . It took less than 5 minutes from the time the judge entered the court room.

    Sounds easy doesn't it? But it cost us nearly $1000 in lawyer's fees, 3 different background checks(2 by the county because we were charged for a second check when she had to re-submit her original application) and one which she requested on her own. The total also includes long distance phone calls, fees for certified records from N.C and gas for trips to and from the county courthouse. Her original application was submitted in early October

    During the 6 month odyssey, The county sherrif went back and forth on the reasons for his recommending the denial. First saying it was for the dismissed charge in N.C. Then saying it was for the misdemeanor paraphernalia charge 16 or more years ago. At one point he said that he didn't think my wife should get a permit because she was a drug addict and dealer. (Trying to use the personal knowledge thing perhaps?) But when our lawyer filed a subpoena, requesting all of the sheriff's records and documentation supporting that "opinion" he could not supply any. Finally it came down to the dismissed charge in North Carolina more than 30 years ago. The sheriff and others claimed they could not read the copies of the court records from North Carolina. Yes, a lot of what they sent was unreadable. But the pertinent line, "case dismissed at request of prosecuting attorney" was legible even to me , and I sometimes have to use a magnifying glass to read things. I did not need one to read that. Our lawyer sent another copy to the commonwealths attorney with that line highlighted and he then agreed that there was no reason under the Va shall issue statute to deny the permit.

    Finally, under pressure fro the commonwealths attorney, the sheriff signed off on the permit also. The final step was for the clerk of the court to agree to issue the permit. First she said it would be issued if she had something in writing from the commonwealths attorney and the sheriff saying it was okay to issue it. However, when she got those letters, she backed out saying the the original denial was by the judge and she did not feel comfortable going against the judges original decision. Thus, our 5 minutes in court.

    Could we have fought and won this ourselves? Maybe. Was the sheriff jerking us around and trying to assert his personal opinions instead of following the law? Probably. But on the advice of our attorney we aren't going to try and per sue this any further. Hopefully, Amelia county has learned a few things about Virginia's Shall issue laws and will follow the laws in the future. If not, I can recommend an great lawyer to anyone who needs one.

    Oh yes, the permit has not been issued yet. It should be mailed out in a week or two. Our attorney said that if it isn't to contact him and he would take care of it

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    Senior Member Array TheGreatGonzo's Avatar
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    I hate that you had to go through all of that, but kudos to you for following through and making sure that the Sheriff abided by the law. I know it does not return the spent money to your wallet, but you serve as a excellent example for others who might be bullied by the Sheriff's office when it comes to permits. Job well done.
    Gonzo
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    Quote Originally Posted by TheGreatGonzo View Post
    I hate that you had to go through all of that, but kudos to you for following through and making sure that the Sheriff abided by the law. I know it does not return the spent money to your wallet, but you serve as a excellent example for others who might be bullied by the Sheriff's office when it comes to permits. Job well done.
    Gonzo
    +1 !
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    Member Array cptsdr's Avatar
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    Sounds like you'll be voting for a new sheriff next time around.
    oneshot likes this.
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    VIP Member Array TN_Mike's Avatar
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    I was about to say the same thing cptsdr. Sounds like you have a political activist sheriff in your county. And, it sounds like it's time for a new sheriff!
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    Thanks to the OP. Folks like him do great service to all of us. A few folks who refuse to be pushed around have huge impact on the rights of all. Hats off to you.
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    VIP Member Array First Sgt's Avatar
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    Congrats on the final outcome.
    Sometimes in life you have to stand your ground. It's a hard lesson to learn and even most adults don't get it, but in the end only I can be responsible for my life. If faced with any type of adversity, only I can overcome it. Waiting for someone else to take responsibility is a long fruitless wait.

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    Quote Originally Posted by Timezoneguy View Post
    Thanks to the OP. Folks like him do great service to all of us. A few folks who refuse to be pushed around have huge impact on the rights of all. Hats off to you.
    +1 Good job
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    I agree, you need new new sheriff there. Congrats on the permit!
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    Congratulations. In my opinion it was worth it to have an attorney make sure you were legitimately taken care of, and to serve notice to the Sheriff that not all people will accept and put up with utter BS.
    oneshot and RMS like this.

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    Senior Member Array SARR001's Avatar
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    If the final judge says that the permit shouldn't have been denied in the first place, you might contact the lawyer you just used and sue the state to get all your secondary expenses back.
    oneshot and RemMod597 like this.
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    Member Array CPO 15's Avatar
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    Great! thanks for the update and we're glad it worked out for you. I have some experience with Sheriffs in Virginia and, while most are good people, some of them let the job go to their head and like to throw their weight around. I hope this one learned a lesson!

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    You didn't just talk the talk, you walked the walk and went after your wife's 2A rights as a citizen of this country. I would hypothesize that there are more than a few who would have given up long ago in the face of all the political nonsense you were subjected to by the local officials. Congratulations on your victory, and I would add that a letter to the NRA is probably in order once the permit is in your wife's deserving hands.
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    Congrats on the outcome.
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    Senior Member Array Lewis128's Avatar
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    Sheriffs like that are the reason later states like Mo include a "shall issue" clause. Kudos for your persistence!

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