Posted: 5/13/2014 2:44:11 AM EDT
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First topic: let me know if I'm doing it wrong. I don't believe this is a VA HTF dupe. Email from the fine gents at VCDL:
SUSSEX COUNT SHERIFF’S EXTRA-LEGAL REQUIREMENTS FOR CONCEALED HANDGUN PERMIT (CHP) APPLICANTS If you live in Sussex county, are either applying for, or renewing, a CHP (or if you know somebody that is), and you are told that you must meet with the Sheriff, DECLINE to do so. Currently, the Sussex Circuit Court Clerk, Gary Williams, is sending CHP applicants to see Sheriff Bell, who not only photographs them (!), but also interviews them!! Both of those actions are totally illegal under Virginia law and it appears that the Sheriff won’t run a background check on anyone who doesn’t comply! VCDL has notified Mr. Williams, that, by law, he has to issue a temporary permit to any CHP applicant who has not received their 5-year CHP within 45 days. It doesn’t matter whether the Sheriff has run a background check or not. VCDL has long held that people shouldn’t need to have a permit to carry a concealed handgun, much less need a background check to do so. So if the Sheriff wants people to get permits and carry without a background check, that’s up to him. That said, if the 90-day temporary permit runs out without a 5-year CHP being issued, then VCDL will escalate its legal efforts accordingly. A writ of Mandamus can be issued against the Clerk, the Judge, and the Sheriff. All we need is someone to be a plaintiff because they did not get their 5-year permit in 45-days and VCDL will fight the legal battle at NO cost to you. If you live in Sussex, let me know if any of these apply to you (even if you don’t want to be our plaintiff): * it has been over 45 days since you applied for your CHP and you don’t have either the 5-year permit or a temporary permit * You had a temporary permit that ran out after 90 days and still don’t have your 5-year permit * You have been told by the Circuit Court Clerk after 5/12/14 to see the Sheriff while applying for your CHP * The Sheriff or his deputies have tried to photograph you or interview you when applying for your CHP VCDL HAS SENT A FREEDOM OF INFORMATION ACT REQUEST TO THE SHERIFF When a government entity collects private information on citizens, there are both state and federal laws that dictate how that information is to be stored and protected. VCDL has sent Sheriff Bell a Freedom of Information Act request for copies of policies and procedures related to the storage and protection of photographs, interview notes, etc. that the Sheriff has unlawfully taken of CHP applicants over the years. I will keep everyone apprised as our battle with Sussex county progresses. |
| You would think that after almost 20 years of being "shall-issue," 400 years of the Dillon Rule, and numerous spankings by VCDL and others on these issues ... localities would have figured out by now that they can't just add new terms to the CHP process on their own whimsy. |
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Quoted:
You would think that after almost 20 years of being "shall-issue," 400 years of the Dillon Rule, and numerous spankings by VCDL and others on these issues ... localities would have figured out by now that they can't just add new terms to the CHP process on their own whimsy. Sure they can. What good is power if you can't abuse it? 
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