JamesCanby
Activist Member
L-or-D -
I think you are missing something. After he submits the renewal paperwork the Clerk has 45 calendar days to either issue the CHP, issue a temporary CHP, or provide a written statement as to why the application was denied so that he can then request an ore tenus hearing before the judge to resolve the matter of being disqualified or not.
If the Clerk fails to do any of those 3 actions, the solution is to file a Writ of Mandamus to force the Clerk to do her majesterial duty. That may leave the applicant without a valid Virginia CHP until the matter is resolved.
The applicant cannot legitimately complain against the extra-legal requirements until he is faced with needing to comply or ignore them. He can pre-emptively discuss the issue with the Clerk, but has no actual standing until forced to face the requirements and comply or ignore them. That is usually the negotiating point offered to Clerks - fix the matter now or face legal action later.
One of the things we learned via the Petersburg matter was that the Secretary of the Virginia Supreme Court can be a powerful ally. - especially when explaining to wayward Clerks that avoiding legal action is the preferred route.
stay safe.
Skid, I appreciate your remarks, but according to our well-known Virginia legal colleague, I currently have standing to file a Motion for Declaratory Judgement, and I am working up a draft of that filing. If the MfDJ fails, I will submit on the 180th day before my current CHP expires and will do so only in conformance with Commonwealth statutes. If there is pushback on that renewal application, then the WoM will be the next course of action for me.
My goal in filing the MfDJ is to clear up the discrepancies way in advance and thus help everyone who is applying for or renewing their CHP long before it is time for me to renew.