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Strange procedures for getting CHP?

mercutio545

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Sep 2, 2006
Messages
469
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VA
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My girlfriend is a Henrico resident, and finally got around to applying for her CHP. I applied for mine almost a year ago (City of Chesapeake) and it went very smoothly. No problems. When she called me after going to the Court, she said that the procedure was very different than when I did mine.


First, the Clerk told her that she had to make a copy of her license. I don't recall letting them make a copy of mine.

Second, the Clerk made her raise her right hand while she read the "I, THE UNDERSIGNED, AFFIRM THAT THE INFORMATION CONTAINED IN THIS APPLICATION AND IN ANY ATTACHMENTS TO THIS DOCUMENT IS BOTH CORRECT AND COMPLETE TO THE BEST OF MY KNOWLEDGE" statement at the bottom of the application. I never had to do this either.

And lastly, whenever the process was finished, the Clerk told her that they would send a notification in the mail when the permit was ready, and that she would have to return to go pick it up. They just sent the permit right to my house. That just seems like a huge waste of paper to me.


I was just wondering if it was normal for different localities to have such different procedures, like what was described above.
 

SicSemperTyrannis

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Jun 29, 2006
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Henrico County ,
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I followed the sameprocess in Henrico about four years ago.My best friendgot his a month ago in Henrico and followed the same process. Some localities will mail the permit to you, others require you to pick it up in person.
 

IanB

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Does the VA Code instruct you or the locality to make a copy ofthe DL?
 

LEO 229

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nakedshoplifter wrote:
Does the VA Code instruct you or the locality to make a copy ofthe DL?
No.

I am sure it is attached to the file and given to the person who does all the background checks before it is approved.

I can see how having a copy of the OL may help in case your handwriting is not the greatest. Used to verify data you have provided.

It is not against the law to make a copy as long as you are not using it for illegal purposes.
 

Grapeshot

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May 21, 2006
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Valhalla
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LEO 229 wrote:
nakedshoplifter wrote:
Does the VA Code instruct you or the locality to make a copy ofthe DL?
No.

I am sure it is attached to the file and given to the person who does all the background checks before it is approved.

I can see how having a copy of the OL may help in case your handwriting is not the greatest. Used to verify data you have provided.

It is not against the law to make a copy as long as you are not using it for illegal purposes.
It is still extra-legal to require it - IMHO.

Yata hey
 

ballester

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Sep 29, 2006
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MILLERS CREEK N.C.
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the swearing in part makes sense, because i beleive the clesrk is notorizing the permit...and pressing a seal on it....i have seen many a permit without a seal on it...thought they were possibly fakes...but i knew the people involved and know they went through the process....so as far as the dl copy thats up to the courts....and powhatan sent me a letter saying to pick it up inperson...i asked the clerk there and she said i needed to sign it in front of her and then she pressed the seal on it and handed it over....so to each county there own as long as you end up with the same result.
 

LEO 229

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Grapeshot wrote:
LEO 229 wrote:
nakedshoplifter wrote:
Does the VA Code instruct you or the locality to make a copy ofthe DL?
No.

I am sure it is attached to the file and given to the person who does all the background checks before it is approved.

I can see how having a copy of the OL may help in case your handwriting is not the greatest. Used to verify data you have provided.

It is not against the law to make a copy as long as you are not using it for illegal purposes.
It is still extra-legal to require it - IMHO.

Yata hey
I am a little confused...

Is it "required" or requested?

Has anyone ever refused and their permit denied based on that refusal?

What if I do not have an OL and only have a passport?
 

hsmith

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Mar 29, 2007
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Virginia USA, ,
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If it is photocopied, it goes in with your application and now it is something else they can get if someone FOIA's your g/f's application. Do NOT let them photocopy it, it is NOT a requirement.

The law states you must apply in the jurisdiction which you reside.
 

leprechaun117

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Joined
Feb 25, 2007
Messages
283
Location
Charlottesville, Virginia, USA
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ballester wrote:
the swearing in part makes sense, because i beleive the clesrk is notorizing the permit...and pressing a seal on it....i have seen many a permit without a seal on it...thought they were possibly fakes...

My mom is an accountant and a notary public, the seal is not required for in-state paper work. As long as the notarized document isn't leaving the state just their signature is all that is required.
 

LEO 229

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hsmith wrote:
If it is photocopied, it goes in with your application and now it is something else they can get if someone FOIA's your g/f's application. Do NOT let them photocopy it, it is NOT a requirement.

The law states you must apply in the jurisdiction which you reside.
What exactly will I get from the OL that I would not get from the Application?

I guess I get your photo and your OL number. Not a big deal when I have your home address and phone numbers. I can visit you and take your photo.


" The clerk of court may withhold from public disclosure the social security number contained in a permit application in response to a request to inspect or copy any such permit application,"


I suspect that the copy of the OL would not be included for two reasons:

  1. It is not a required part of the application
  2. Existing law identifies the DMV information as privileged.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-208

All records in the office of the Department containing the specific classes of information outlined below shall be considered privileged records:

1. Personal information, including all data defined as "personal information" in § 2.2-3801;
2. Driver information, including all data that relates to driver's license status and driver activity;
 

darthmord

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Oct 10, 2008
Messages
998
Location
Norfolk, Virginia, USA
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LEO 229 wrote:
hsmith wrote:
If it is photocopied, it goes in with your application and now it is something else they can get if someone FOIA's your g/f's application. Do NOT let them photocopy it, it is NOT a requirement.

The law states you must apply in the jurisdiction which you reside.
What exactly will I get from the OL that I would not get from the Application?

I guess I get your photo and your OL number. Not a big deal when I have your home address and phone numbers. I can visit you and take your photo.


" The clerk of court may withhold from public disclosure the social security number contained in a permit application in response to a request to inspect or copy any such permit application,"


I suspect that the copy of the OL would not be included for two reasons:

  1. It is not a required part of the application
  2. Existing law identifies the DMV information as privileged.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-208

All records in the office of the Department containing the specific classes of information outlined below shall be considered privileged records:

1. Personal information, including all data defined as "personal information" in § 2.2-3801;
2. Driver information, including all data that relates to driver's license status and driver activity;
If the CHP is considered a privileged record, then how can it be shared with the media except as aggregate? If you follow the link Leo provided, look at Paragraph 2. That paragraph covers the very information found on the CHP as being Personal Information.
 

rlh2005

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Joined
Jun 16, 2006
Messages
699
Location
Spotsylvania County, Virginia, USA
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darthmord wrote:
If the CHP is considered a privileged record, then how can it be shared with the media except as aggregate? If you follow the link Leo provided, look at Paragraph 2. That paragraph covers the very information found on the CHP as being Personal Information.
§ 46.2-208 is in Chapter 2 - Department of Motor Vehicles (46.2-200 thru 46.2-224) of Title 46.2 (Motor Vehicles). It only applies to the DMV. Since CHPs are issued by the courts and not the DMV, different rules apply.
 

Toad

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Jun 18, 2006
Messages
387
Location
, Virginia, USA
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When I renewed mine I had the application notarized at my lawyers office and my wife dropped it off at the clerk's office. No issues aside that the county likes to take the full 45 days to issue. However, if you are 'connected' within the county courts then it is only about 7 to 10 days; found that out when a friend applied for his initial permit.
It truly is ironic, and very sad, that in the northern state of Vermont you don't need a permit to carry but in Virginia, the birthplace of Freedom, you have to grovel to the elite to be given permission to exercise your Right. ...and don't give me the open vs. concealed b.s.; 'to bear' means exactly that ... to carry on or about the person....no differentiation as to the method.
 
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