Well, about 4 months ago I fired off an email, to one of their generic accounts, addressed to Wayne to discuss a pertinent 2A issue. I did mention that I was a life member and included my membership #. About 2 months ago I got a reply from 2 staffers basically blowing me off, but at least I got a personal reply!
The original email was basically that contrary to common belief, VA is NOT shall issue, because there is a provision in the code that allows sheriffs and chiefs of police to block the issuance of a permit:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308
13. An individual who the court finds, by a preponderance of the evidence, based on specific acts by the applicant, is likely to use a weapon unlawfully or negligently to endanger others. The sheriff, chief of police, or attorney for the Commonwealth may submit to the court a sworn written statement indicating that, in the opinion of such sheriff, chief of police, or attorney for the Commonwealth, based upon a disqualifying conviction or upon the specific acts set forth in the statement, the applicant is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police, or the attorney for the Commonwealth shall be based upon personal knowledge of such individual or of a deputy sheriff, police officer, or assistant attorney for the Commonwealth of the specific acts, or upon a written statement made under oath before a notary public of a competent person having personal knowledge of the specific acts.
This section was used by a sheriff to deny me a permit based solely on an old brandishing charge that was dismissed.
Here is my original email:
I read with interest Wayne LaPierre's comments in this month's
issue of American Hunter. Mr. LaPierre laments the fact that US
Attorney General Gonzales may one day be able to prohibit firearms ownership
through a determination of suspicion. Mr. LaPierre's outrage is obvious
and well deserved. But I would like to make Mr. LaPierre aware of a
similar situation, right here in Virginia. Code of Virginia section
18.2-308, the (concealed handgun code) allows Sheriffs and Chiefs of Police
to deny citizens their right to acquire a concealed handgun permit
based solely on suspicion. The actual wording is a bit vague, but since
there are significant disqualifiers already built into the law, suspicion
is about all that is left to stand on. In my opinion, this is not a
true "right to carry" law, as chief law enforcement officers are still
able to block access to permits that would otherwise be issued, just as
they used to under "may issue" laws. In fact, this section has been a
stumbling block in the past in regard to reciprocity with other states, as
it prevents Virginia's law from being "similar" to other states' laws
for the purpose of reciprocity. It is my hope that Mr. LaPierre will be
just as offended by such an odorous section of Virginia's law as he is
by Mr. Gonzales' attempt to restrict gun ownership. Please forward
this email to Mr. LaPierre. I look forward to a reply.
These are the responses I received:
Fri, 9 Nov 2007 11:19:38 -0500
From: "ILA-Contact" <
[email protected]>
Thank you for your email. The Code of Virginia that you are referring
to does not allow concealed carry permits to be denied purely on
suspicion. This is what the section states:
a person who it is alleged, in a sworn written statement submitted to
the
court, that in the opinion of such sheriff, chief of police or
attorney for the Commonwealth is likely to use a weapon
unlawfully or negligently to endanger others based upon
personal knowledge or upon the sworn written statement
of a competent person having personal knowledge;
"Shall Issue" states are defined as states that require that carry
permits be issued to applicants who meet uniform standards established by
the state legislature. In Virginia the sheriff, chief of police or
attorney for the Commonwealth must submit a sworn written statement to the
court and then the court decides whether this person is prohibited
under Virginia state law given the evidence submitted to the court. This
is a uniform standard established by the legislature. This is different
then in "May Issue" states were the issuing authority has some
discretion to deny an individual and there may not be uniform standards. I
hope this clears up the issue for you.
Sincerely,
Erik Eckberg
NRA-ILA
Thu, 15 Nov 2007 10:41:40 -0500
From: "ILA-Contact" <
[email protected]>
Thank you for your reply about your denied concealed carry permit. As a member, you have access to our database of gun-friendly lawyers in your area who will be able to help you in a situation like this one. While they are not on our payroll, they are attorneys who specialize in gun rights and civil rights issues, and have volunteered for the database knowing they will be getting calls from NRA members. In order to get the phone number of one of these lawyers, please call us at (800) 392-8683.
A second option would be to write a letter describing the situation and include photocopies of relevant documents involving the case. This packet should be mailed into our legal team, the Office of General Counsel at 11250 Waples Mill Rd. , Fairfax , VA 22030 .
Thank you again for the email, and hopefully this information was helpful.
Sincerely,
Alicia Borgess
NRA-ILA Grassroots Division
