search
top

Fairfax County Playing Games with License Holders

Virginia gun lawyer John Frazer has information for Fairfax County concealed carry permit holders who may be facing minor misdemeanor charges that won’t impact their eligibility. According to John:

Fairfax County gun owners should be aware that the Circuit Court clerk’s office may treat concealed carry permit applications as incomplete, and forward them to a judge for review, based on disclosure of pending criminal charges. …

People whose applications are denied in this situation can either wait until their pending charge is resolved, or challenge the denial in an ore tenus (“word of mouth”) hearing in circuit court.

There’s a little more that people who might know someone in this situation should read.

When I renewed my permit there, they tried to play games with me, too. I was told that I would hear back in just beyond the deadline. I asked her if she meant to say that they would have a permit to me before the deadline, and it’s clear she was not happy about an informed applicant. I got my renewal on the last possible day.

Of course, she was also probably a little angry at me because when I said I was renewing, but the county it was issued from was Montgomery County, she went off about how it’s not a renewal from another state and how I needed to learn my new local laws, etc. When she stopped, I finally let her know that there is, in fact, a Montgomery County in Virginia that issues Virginia carry licenses. (h/t to VSSA)

4 Responses to “Fairfax County Playing Games with License Holders”

  1. Countertop says:

    Elections have consequences.

    I’ve never had a problem, though they used to take the maximum amount of time. Last renewal came back pretty quick. I suspect there’s more to this story though.

  2. Chris from AK says:

    I wonder how much connections/pull have to do with permit issuance in Fairfax. I also lived there for a few years. I can’t imagine that the Senior Executive Service types, O-6 full colonels and above, mega-wealthy folks living in giant mansions, etc tolerate some of these games. Those sorts of individuals are well capable of lawyering up or bringing heat to bear. There is a lot of wealth and power in the DC beltway, at least in certain neighborhoods.

    I’m not familiar enough with VA’s CCW issuance process to know if that’s the sort of info that can be accessed or discretion exercised at the county level, though.

  3. Stacy says:

    Wouldn’t surprise me if the hamsters in the basement of the govt center think it’s party time now that McAwful is governor.

    FWIW, my C&R didn’t encounter any undue delay either at the CLEO or ATF level, but that was during the McDonnell administration. I may have to apply for a CCW now just to compare notes.

  4. John Frazer says:

    I don’t think it’s an issue of political connections, but of administrative convenience.

    The case where this came up involved an applicant with a pending out-of-state misdemeanor charge that would likely disqualify him from getting a permit *if* he is convicted. But he hasn’t even made his initial appearance, and if the case goes to trial it would be months from now.

    The clerk’s office may just think it’s easier for everyone if decisions on such applications are suspended, rather than issuing a permit then revoking it a few months later. But the statute doesn’t allow for a postponement if the application is complete and the person isn’t disqualified.

top