Richmond, VA Not Issuing De Facto Permits

I live in the City of Richmond and submitted an application for a concealed carry permit on June 8th, 2020. Per the code of Virginia 18.2-308.05 - if the permit has not been issued within 45 days of receipt of the application, the clerk of the court shall certify and mail (snail or electronic) the application to the applicant. This shall serve as the de facto permit for 90 days after issuance.

Having not received the permit as of today (7/27), I called the City and was informed that they are not issuing de facto permits because of COVID, rioting, and they are just “too busy”. I cited the code referenced above and was told that the Supreme Court of VA waived this statute. Furthermore, I was told that it will be weeks before they are able to process any applications and issue the permit.

I am unable to validate the claim that this statute was waived. I have searched the amendments and Northam’s executive orders - suspecting that is what the nice lady in the clerks office meant. I called other counties in the area, none of the circuit court clerks are aware of any changes.

Has anybody heard of anything like this in Richmond?

Thanks!

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Doesn’t surprise me. Not a Northam priority. He would rather focus on taking all of our 2A rights away, removing statues and placating anarchists. My CCP renewal took three weeks this year in Spotsylvania County. I did apply early. Didn’t wait until the troubles began…

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I have not heard of this statute either (I’m in NoVA).

@webnext you should immediately contact the VCDL (Virginia Citizen’s Defense League). They have contacts who will get to the bottom of it (whether a legit delay or not), and have the resources to legally follow up on your behalf if necessary.

If you aren’t already a member, I would highly suggest joining, and even if you don’t join sign up for their “Alerts” which will send you emails about upcoming legislation and contacts to yell at when you dont want the law passed :wink:

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Welcome to the forum @webnext. As Harvey above has stated, please join VCDL if you are not already a member, and please let them know your situation. The have the contacts and resources.

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@webnext Welcome to the community! Please share more about yourself…

I use to live in Midlothian, just outside of Richmond. I moved from Atlanta to Midlothian in the early 80’s and lived there for 5 years.
I was told by the courts in VA that they are not subject to the Constitution of the US due to the fact they are a Commonwealth.
Good luck my friend.

Thanks for the responses. I have contacted VCDL and made them aware. They have forwarded on my concerns to an attorney specializing in these issues. I’ll let you know what happens.

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Yet they follow the part of the Constitution that allows Senate and House members in Congress, voting rights, and freedom of speech. Sounds like they are allowed to pick and choose what is applicable or not. That’s just B.S.

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I received the permit Saturday 8/1. It is still a mystery why de facto permits are not being issued. At this point, the matter is closed - but for anyone else in the city, it took all of 45 days and then some. Best part is the “card” is literally a piece of paper (Imagine a homemade business card on cheap paper). The envelope was sitting inside a wet mailbox, so now it’s a little crummy, ink smeared permit.

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Unfortunately, That is how VA does it’s CCW permits. I HIGHLY recommend you get it laminated (or DIY laminate) so it doesn’t fall apart in your wallet.

Did you end up hearing back from VCDL/attorney?

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I did not hear back from VCDL after they responded. My guess is there are so many folks in the backlog with the City that there just isn’t enough time to exert pressure except on the extreme cases. The entire situation (while not surprising) is pretty eye opening and makes you wonder why the law doesn’t apply to the City if it is inconvenient. But hey - maybe I shouldn’t be asking questions and just take my paper and shut up.

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FTFY :wink:

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