Virginia –-(Ammoland.com)- This new ruling will be used by VCDL to stop various abuses by Circuit Court Clerks and judges who, contrary to Virginia law, make up their own requirements for CHP applicants. CHP holders have enough hoops to jump through, as is, without each Clerk or judge dreaming up more.
Let me be clear, what Ken Richards did to help put an end to such government abuses was extremely selfless.
Rather than just caving in, as most people would have, Ken refused on principle to provide a copy of his drivers license with his CHP application. since there is no such requirement in the law.
When the Norfolk Circuit Court stood their ground and refused to issue Ken's CHP, Ken stood HIS ground, paid for a lawyer, and sued.
KEN WON. And that win in the Virginia Court of Appeals will benefit thousands of gun owners. The ruling applies to any requirements not spelled out in the law, not just drivers license copies. Proof of residency is one example of an extra-legal requirement by some courts.
Some who heard about this win, pooh-poohed it saying that Ken should have just supplied his photo ID as requested. To them I say that if you and I have to follow the law, so must the government. PERIOD.
Hats off to Ken Richards!
(NOTE: If you show up in person and ask the Circuit Court Clerk to notarize your CHP application, then they can, and should, require a photo iD.)
Robert Herron, a Virginia Beach lawyer who specializes in firearms issues, put a press release on his web site and a copy of the ruling:
Robert also has a blog on this, going into great detail on the ruling. I recommend you read through the important information there:
About Virginia Citizens Defense League, Inc. (VCDL):
Virginia Citizens Defense League, Inc. (VCDL). VCDL is an all-volunteer, non-partisan grassroots organization dedicated to defending the human rights of all Virginians. The Right to Keep and Bear Arms is a fundamental human right.
For more information, visit: www.vcdl.org.