Posted on 06/16/2013 4:43:32 AM PDT by marktwain
Virginia resident Michael McNeill filed a petition with the Virginia Supreme Court requesting a Writ of Mandamus to compel Petersburg Circuit Court Clerk Shalva J. Braxton to follow Virginia law when it comes to concealed handgun permit application processing procedures. A Writ of Mandamus is a judicial order compelling an official carry out a ministerial duty, i.e., a duty which is non-discretionary.
In Virginia, the legislature requires Circuit Courts to issue concealed handgun permits if the applicant pays $50, submits proof of firearms training, and passes a background check.
Braxton initially told Petersburg NBC 12 News through her attorneys that its not a big deal to require citizens to submit applications for concealed handgun permit (CHP) renewals in person, even though state law requires Clerks of Court to accept CHP renewal applications by mail. Additionally, Braxton also was forcing CHP applicants to write multiple application fee checks, carry paperwork to the police department for a background check, and then to walk the papers back to the Clerks office.
(Excerpt) Read more at examiner.com ...
Well done, Virginians!
Virginia State law allows for $50 as the maximum. She was making people write one check, part of the $50, to the law enforcement agency doing the background check and making them deliver it in person to that law enforcement agency. She then made the applicants write a check for the rest to the Clerks office and show up in person to do business with the Clerk. No extra cash, just making people jump through extra hoops that are not allowed by law.
Virginia law does not allow for this and the Virginia Citizens Defense League, VCDL, filed for the Writ.
I was giving her the benefit of the doubt in the first part of my sentence and positing she was deliberately hassling them in the second half. I personally think she was doing it out of spite.
In South Dakota a few years back, I walked into the Sheriff’s office, shot the bull for a few minutes, and filled out a one page form for the background check.
Came back the next day, gave him $10, and he gave me my temp license. About a week later, my permanent one came in the mail.
And no, this wasn’t any kind of ‘friend’ deal. Had only just moved there and had never met the sheriff before.
You are probably right.
18 USC §245 provided that Whoever, whether or not acting under color of law, intimidates or interferes with any person from participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States; [or] applying for or e njoying employment, or any perquisite thereof, by any agency of the United States; shall be fined under this title, or imprisoned not more than one year, or both , and if death results or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be subject to imprisonment for any term of years or for life or may be sentenced to death.
42 USC §1983 provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
Outstanding effort to stop this self-appointed fly in the ointment. How many more bureaucrats at low level are putting their little sand into the gears of our rights?
I’d be ticked to have to walk all this through simply because some clerk says so-— like Jamaican customs LOL>
thanks for the layout on this.
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