VA - ID not required for CHP

[AssMan]

Va. Court of Appeals rules photo ID can’t be required for concealed handgun permit application.

VIRGINIA BEACH, Va. – The Virginia Court of Appeals ruled that Circuit Courts cannot require a photo ID with a concealed handgun permit application.

An attorney in the case announced that his client won in his challenge on whether the Norfolk Circut Court could require a photo ID as a part of the Concealed handgun Permit (CHP) Application.

The court of appeals said that they cannot require a photo ID. Several circuit courts across Virginia continue to impose additional requirements on CHP applications, even though Virginia law prohibits courts from requiring applicants to provide anything other than what is required by the code and on the application, the attorney said.

http://wtkr.com/2016/12/05/va-court...red-for-concealed-handgun-permit-application/

 

[jimbobborg]

I'm looking at my permit, and it plainly states that "must be carried with proper photo ID". So while the application isn't supposed to require it, actually using the permit does.

 

[Radio_Flyer]

And it has a photo on it.

 

[jimbobborg]

And it has a photo on it.

Mine doesn't.

 

[Radio_Flyer]

Got it about a year ago, had to provide photos and it has my mug on it.

 

[Radio_Flyer]

Maybe because of mine being a non-resident. But it does state on the back, "the permit holder must carry this permit and photo identification issued by a government agency of any state or by the U>S> Depoartment of Defense....."

 

[swinokur]

exactly. resident permits don't have photos. Wonder how this might affect NR permits

the law says AND a photo ID issued by a Govt. agency of any state

Of course resident permits are issued by the Circuit Courts in VA. NR permits are issued by VSP. That may be a difference.

 

[j_h_smith]

This decision gives me a headache...

 

[lonzo]

Just read it and the comments here...

Ok, read everything again...but you guys, not sure why you are talking about the permits for...GP?

 

[lonzo]

Does make you wonder about the NR permits tho...

 

[swinokur]

I read the whole thing and understood exactly what the court said.

BTW the VA Statute does require pictures for non resident permits, so this ruling does not affect us here in MD

§ 18.2-308.06. Nonresident concealed handgun permits.

A. Nonresidents of the Commonwealth 21 years of age or older may apply in writing to the Virginia Department of State Police for a five-year permit to carry a concealed handgun. Every applicant for a nonresident concealed handgun permit shall submit two photographs of a type and kind specified by the Department of State Police for inclusion on the permit and shall submit fingerprints on a card provided by the Department of State Police for the purpose of obtaining the applicant's state or national criminal history record. As a condition for issuance of a concealed handgun permit, the applicant shall submit to fingerprinting by his local or state law-enforcement agency and provide personal descriptive information to be forwarded with the fingerprints through the Central Criminal Records Exchange to the U.S. Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the applicant and obtaining fingerprint identification information from federal records pursuant to criminal investigations by state and local law-enforcement agencies. The application shall be made under oath before a notary or other person qualified to take oaths on a form provided by the Department of State Police, requiring only that information necessary to determine eligibility for the permit. If the permittee is later found by the Department of State Police to be disqualified, the permit shall be revoked and the person shall return the permit after being so notified by the Department of State Police. The permit requirement and restriction provisions of subsection C of § 18.2-308.02 and § 18.2-308.09 shall apply, mutatis mutandis, to the provisions of this subsection.

 

[jimbobborg]

Just read it and the comments here...

Ok, read everything again...but you guys, not sure why you are talking about the permits for...GP?

This is the Virginia section. Some of us (me, included), are Virginia residents. My resident carry permit application included a request for some stuff that apparently were not actually required.

 

[swinokur]

.

 

[lonzo]

I read the whole thing and understood exactly what the court said.

BTW the VA Statute does require pictures for non resident permits, so this ruling does not affect us here in MD

So far, but that will prob change soon

 

[swinokur]

why? the Circuit courts were asking for info not required in the statute. not the case for Non Resident permits.

 

[lonzo]

This is the Virginia section. Some of us (me, included), are Virginia residents. My resident carry permit application included a request for some stuff that apparently were not actually required.

Really? Guess I missed the state title section and the "Virginia" on your profile in the forums when I made a comment. But that sill doesn't explain why you/others made the comments about the permit, when the "title" or the start of subject had to do with the Application itself.

Anyways...Good news from the courts, hope they'll widen it more! Maybe even fingerprints (if virginia requires it), since really, all that does is add another roadblock for your rights

 

[swinokur]

https://www.mdshooters.com/showpost.php?p=4602136&postcount=13

 

[jimbobborg]

Really? Guess I missed the state title section and the "Virginia" on your profile in the forums when I made a comment. But that sill doesn't explain why you/others made the comments about the permit, when the "title" or the start of subject had to do with the Application itself.

Anyways...Good news from the courts, hope they'll widen it more! Maybe even fingerprints (if virginia requires it), since really, all that does is add another roadblock for your rights

When I sent my application in for my initial permit, I was required to put a copy of my drivers license, a copy of my proof of training, and that was pretty much it. Two weeks later, I got a call from the court, asking for proof of citizenship. ??? No, it wasn't required by the law, it was required by PWC Anyway, once I sent them a copy of my passport, I was given this piece of notecard saying I was legal to carry concealed in Virginia. I was not required to include a set of fingerprints, nor was I required to give them a picture. I had to laminate it at Kinko's after signing it.

 

[davsco]

yeah don't like to have to have a drivers license while cc'ing. sometimes just to go for a hike etc without my wallet.