Virginia-been 45 days-how do I get my de facto permit?

This is a discussion on Virginia-been 45 days-how do I get my de facto permit? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I applied for my concealed permit on 8/10/07 in Virginia - and I haven't gotten any word on it yet (tomorrow is the 45 day ...

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Thread: Virginia-been 45 days-how do I get my de facto permit?

  1. #1
    Member Array vashooter's Avatar
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    Virginia-been 45 days-how do I get my de facto permit?

    I applied for my concealed permit on 8/10/07 in Virginia - and I haven't gotten any word on it yet (tomorrow is the 45 day mark). By Virginia law if the court has not issued a permit or a denial within 45 days then the court clerk needs to certify on my application that the 45 day period is expired and that my application is now a de facto carry permit for 90 days or until my formal permit goes through.
    My question is - how do I get that de facto permit? Do I go in person to the court clerk's office where I submitted my application and present my receipt for the application and have them stamp it or something????

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  3. #2
    Member Array PatP's Avatar
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    I'd go down to the court. A similar thing happened to me.

    I initially got a denial with a request for more information. So, I went down to the court and filed a sworn statement. 45 days later, I had heard nothing, so I went down to the court. I gave my name, the nice lady behind the desk looked through her card file and said "Yup, here it is! can I see your ID please?"

    So, your CHP might just be sitting there waiting for you. If not, you can request your de-facto permit.

  4. #3
    VIP Member Array SIGguy229's Avatar
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    go to the courthouse....pick-up permit.....then contact VCDL (www.vcdl.org)
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    Ex Member Array Savage's Avatar
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    I just re-checked to be sure the VA S.P. site didn't say business days!

    Go to the courthouse for sure. You can get the temporary permit issued by the clerk or as another poster said it may be sitting on the desk. I waited 45 days to the date for mine in Gloucester. I've heard of others getting in front of a judge and getting it within a week.

    I don't think you need the VCDL just yet as it's only been 46 days or 31 business days (if they decide to make up a new law on you.) IMO the VCDL should be utilized for more serious matters than a late permit issuance. I wouldn't involve them unless you are denied the 90 day temporary without just cause. They are busy enough!

    You could be in a circuit court jurisdiction like me where the judge only comes twice a week to lock people up and 'OK' the CCW permits.

    Give the clerk a call in the morning, they know that you have to have an answer one way or another.

    Best of luck I hope you get it. Don't forget to laminate, VA is cheap on the cards. Wish they would simply add a stamp or code on our drivers license. It would make it easier for all.

  6. #5
    Senior Member Array jofrdo's Avatar
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    After the prescribed 45 days, I had not received the CHPermint so I went back to the Court Clerk. She endorsed the back of the original application (or a copy thereof; I don't remember) and I was on my way. She tried to talk me out of it, because the permit would be mailed in just a few days (so she said), and now that I had the endorsed application, she wouldn't be able to mail the permit; I'd have to come pick it up so that I could turn in the endorsed application. I didn't care; I wanted to start carrying. She was right, about 3 or 4 days later I got a phone call to come down and pick up the permit.

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    Ex Member Array Savage's Avatar
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    Exclamation follow up on contact with the VCDL

    On the VCDl website they even suggest that you not involve them in your wait. This came from their concealed link on the site. FYI

    If you are having a problem with getting your permit or de facto permit, the Circuit Courts in Virginia are supervised by the Chief Justice of the Virginia Supreme Court and he has expressed concerns about the way the various Circuit Courts have been flagrantly violating the law. It is strongly suggested that you complain directly to him. Be polite and provide as much detail as possible - names, dates, comments made by officials, documents provided by officials, etc.:

    Chief Justice
    Supreme Court of Virginia
    100 North Ninth Street, Fifth Floor
    Richmond, VA 23219

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    Distinguished Member Array Squawker's Avatar
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    "Virginia-been 45 days-how do I get my de facto permit?"

    I don't know- I've never tried to carry a concealed defacto!

  9. #8
    Member Array Harold Fastwaker's Avatar
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    As stated go down there and tell them its been 45 days and you request either the finished permit card or a temp until its ready.

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    VIP Member Array NCHornet's Avatar
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    I would be very polite as well, remember you are dealing with goverment and representing the gun community as a whole. Rais'in Cain now could make reapplication difficult, it doesn't take much to loose a piece of paper. Right or Wrong it does happen.
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    Quote Originally Posted by NCHornet View Post
    I would be very polite as well, remember you are dealing with goverment and representing the gun community as a whole. Rais'in Cain now could make reapplication difficult, it doesn't take much to loose a piece of paper. Right or Wrong it does happen.
    Which is why in VA we get to complain to this guy...

    Chief Justice
    Supreme Court of Virginia
    100 North Ninth Street, Fifth Floor
    Richmond, VA 23219

    Any permit problems go to him. He resolves them. He has straightened out more than a few counties.

    Take your application to the clerk of the court. They will endorse it and it becomes your permit until the county issues your regular one. If they don't, contact the chief justice with documentation of when you applied and what issues you are having.
    Procrastinators are the leaders of tomorrow.

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    Member Array vashooter's Avatar
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    Went to the county clerk's office yesterday. She told me that my background check still hasn't come through. I mentioned the de facto permit and she said that I was on a list to be mailed my de facto permit the next day (today) so I should receive it in the mail tomorrow. They don't just stamp your receipt or a copy of your application right there at the desk - they do their own thing and mail it out.
    She said that they have been getting tons of CHP applications recently and that the background checks are taking a long time. I did receive a call from the county sherriff office last week saying that my fingerprint check had come back OK and that they didn't need my prints anymore...
    BTW, I'm in Warrenton, VA - Fauquier County if anyone is wondering for future reference.

  13. #12
    Ex Member Array Creature's Avatar
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    My permit took 47 days...

    I know about the 45, but I was prepared to give them 52 before visiting them.

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    Member Array Harold Fastwaker's Avatar
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    Mine from Prince William showed up on day 44. They cut it close but it was not issued until day 42.

  15. #14
    Member Array tennvol's Avatar
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    Mine took about 2 weeks. But then again I exchanged my TN permit for a VA one when I moved from Chattanooga to Richmond. Submitted fingerprints, a copy of my DL, money order, completed form. 2 weeks later I got the call.

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    Senior Member Array mrreynolds's Avatar
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    Thumbs up Non-Resident

    Quote Originally Posted by vashooter View Post
    I applied for my concealed permit on 8/10/07 in Virginia - and I haven't gotten any word on it yet (tomorrow is the 45 day mark). By Virginia law if the court has not issued a permit or a denial within 45 days then the court clerk needs to certify on my application that the 45 day period is expired and that my application is now a de facto carry permit for 90 days or until my formal permit goes through.
    My question is - how do I get that de facto permit? Do I go in person to the court clerk's office where I submitted my application and present my receipt for the application and have them stamp it or something????
    Sent 08/16/07 they dated the receipt 08/21/07 Received permit on 09/28/07

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