We need a group like this in Tennessee

[Marswolf]

http://www.vcdl.org/

Source: VCDL Newsletter:

"You may recall that Judge Pugh of the Newport News Circuit Court was

not issuing CHPs to members of the military stationed in Newport News

unless they met with him personally and offered proof that they

planned on staying in Virginia when their term in the military was

over.

That was illegal and unfair to our men and women who serve so

selflessly in the military.

I had contacted Judge Pugh's office and explained that Virginia law

said permits were to be issued to military members whether that was

their permanent home or they were just stationed there temporarily.

No effect.

Even though the Newport News City Council had no influence over the

problem, VCDL members let them know about it back in November of

2006, hoping that City Council might talk to Judge Pugh.

Nothing.

VCDL then decided that it would foot the bill to have a member of the

military take the matter before the Virginia Court of Appeals. We

just needed the member of the military to say 'no' to Judge Pugh's

demands and to let the Judge deny the application.

That person, Christopher Deteresa, who is a Military Police officer

nonetheless, stepped up to the plate and was turned down for his

permit in May of 2007.

VCDL then turned his case over to attorney Richard Gardiner to appeal.

VICTORY!

The Court of Appeals, after giving the Judge some basic English

lessons (I can just picture the Court of Appeals rolling its

collective eyes), ordered Judge Pugh to cease denying permits to the

military stationed in his jurisdiction solely because they are not

permanent residents!

Judge Pugh could have easily avoided this embarrassment, but wouldn't

listen to reason. Oh, well.

This ruling will apply to the entire state, so if there are any other

judges who decide to play such games with our military, we now have

the tool to stop such abuse.

VCDL would like to thank CPT Deteresa, who is currently deployed, for

not only fighting for his country, but also fighting for the rights

of his military comrades. He could have caved-in to Judge Pugh to

get his permit, but he refused so as to put an end to Judge Pugh's

foolishness.

Here is a link to the ruling:

http://www.vcdl.org/pdf/AppealsNN.pdf

VIRGINIA: In the Court of Appeals of Virginia on Wednesday, 3rd October, 2007.

In Re: Concealed Weapon Application of Christopher Matthew Deteresa

Record No. 1909-07-1

Circuit Court No. 16633-DP

From the Circuit Court of the City of Newport News Per Curiam

By order dated May 22, 2007, the Circuit Court of the City of Newport

News denied petitioner's second application pursuant to Code §

18.2-308(D) for a permit to carry a concealed handgun, having been

previously denied a permit by order entered May 30, 2005, on the

ground that he is not a domiciliary of Newport News.

Code § 18.2-308(D) provides in pertinent part as follows:

Any person 21 years of age or older may apply in writing to the clerk

of the circuit court of the county or city in which he resides, or if

he is a member of the United States Armed Forces, the county or city

in which he is domiciled, for a five-year permit to carry a concealed

handgun. There shall be no requirement regarding the length of time

an applicant has been a resident or domiciliary of the county or city.

The circuit court heard testimony ore tenus, and found as follows in

denying petitioner's application for a permit:

[Petitioner's] temporary, transit and actual place of residence is

the City of Newport News. He is a temporary resident solely due to

military status and orders. The evidence presented this date does not

show that Newport News is his permanent residence or is his true,

fixed, permanent home and principal establishment, to which whenever

he is absent he had the intention of returning.

Petitioner argues that the statute does not require a member of the

United States Armed Forces to be a domiciliary of a jurisdiction to

be eligible for a permit. Rather, the plain language of the statute

provides that an applicant who is a member of the United States Armed

Forces may be either a domiciliary, or, alternatively, a resident. We

agree.

Generally, phrases separated by a comma and the disjunctive "or," are

independent. See,~, Ruben v. Secretary of DHHS, 22 Cl. Ct. 264, 266

(1991) (finding that, the word "or" connects two parts of a sentence,

'''but disconnect their meaning'"(quoting G. Curme, A Grammar of

the English Language, Syntax 166 (1986»)); Quindlen v. Prudential

Ins. Co., 482 F.2d 876, 878 (5th Cir. 1973) (noting disjunctive

results in alternatives, which must be treated separately) .... Smoot

v. Commonwealth, 37 Va. App. 495, 501,559 S.E.2d 409,412 (2002).

The phrase in Code § 18.2-308(D) allowing "any person" to apply for a

permit in the county or city in which he resides and the phrase

allowing "a member of the United States Armed Forces" to apply for a

permit in the county or city in which he is domiciled are separated

by a comma and the disjunctive "or." Thus, that language plainly

indicates that if the applicant is a member of the United States

Armed Forces, in addition to his right, as with any other person, to

apply to the circuit court where he resides, he may alternatively

apply for a permit to the circuit court where he is domiciled.

Accordingly, based on the circuit court's finding that petitioner is

a resident of the City of Newport News, he is eligible to apply for a

permit in that jurisdiction. The order appealed from is reversed, and

the matter is remanded to the Circuit Court of the City of Newport

News for entry of further orders consistent with this order.

[Guest Verbal Kint]

I'll let you know how my permit approval process goes here in the coming days. Need to get mine transferred over to VA from KY. I live in Hampton / Newport News, and am military stationed here.

[Guest bkelm18]

I got mine while stationed in Norfolk, VA about a year ago. I encountered no problems. Was issued my permit 3 weeks to the day of submitting my application.

[Guest Verbal Kint]

I got mine while stationed in Norfolk, VA about a year ago. I encountered no problems. Was issued my permit 3 weeks to the day of submitting my application.

Yeah, that article was news to me... I haven't heard of any such problems, but I can easily see how this state's judicial system could pull something like that.

I just recently, through the help of a very pricey lawyer, came out from under trumped up charges that had completely turned my life, and that of my immediate and extended family, upside down for the past two and a half years. All charges were completely dropped, after making us all go through a complete hellish nightmare... but I will never trust anyone within this state again. This crooked ass state and it's f-cked up commonwealth can lick my sack.

8 months and counting, and I'm getting the hell out of here. Quickly. It won't come soon enough.

[Guest bkelm18]

Yeah, that article was news to me... I haven't heard of any such problems, but I can easily see how this state's judicial system could pull something like that.

I just recently, through the help of a very pricey lawyer, came out from under trumped up charges that had completely turned my life, and that of my immediate and extended family, upside down for the past two and a half years. All charges were completely dropped, after making us all go through a complete hellish nightmare... but I will never trust anyone within this state again. This crooked ass state and it's f-cked up commonwealth can lick my sack.

8 months and counting, and I'm getting the hell out of here. Quickly. It won't come soon enough.

VA is a pretty messed up state. Was glad when I left.

[Guest Phantom6]

VA is a pretty messed up state. Was glad when I left.

Yup, when I was transferred to Harrisonburg (Rockingham County along I-81 S.W. of DC) I pitched a fit because I had to purchase a "County Safety Sticker" for each of my vehicles (One of my trucks even passed the safety inspection with no muffler and a leaky head gasket). That little piece of vinyl stuck on my windscreen actually enrolled me in the "Hey, I'm Over Here Please Tax Me" club for the state's Personal Property Tax. I was being taxed for the purpose of being enrolled to pay a freakin' tax. Nooooooo! Thievin' bunch of butt heads!

I was glad it didn't take me more than about a year to turn that facility arround and get back to E. TN. Shortly after I got back home to Oak Ridge I got a form letter from the head of the Collections Division of the VA Dpt . of Revenue informing me that since I had been a VA resident beyond my sticker expiration ( a week), I needed to remit their stupid tax fees. I wrote him back and told him no and mentioned something about him having an intiment relationship with his mother. ASSHATS!

I used to get upset whenever I thought about that but I'm much better now.

[jughead]

i agree we NEED something like this in tn.

[Marswolf]

I was glad it didn't take me more than about a year to turn that facility arround and get back to E. TN. [/font]Shortly after I got back home to Oak Ridge I got a form letter from the head of the Collections Division of the VA Dpt . of Revenue informing me that since I had been a VA resident beyond my sticker expiration ( a week), I needed to remit their stupid tax fees.

I had something similar happen to me when I left North Carolina. There, they tax your car as personal property. After I came moved back to Tennessee I got a bill from NC for the taxes I owed. I sent them a couple of letters explaining that I lived where they mailed the letter, but each response became more threatening. My final note to them told them they were idiots and they could waste all the postage they wanted, but that I would not respond to any more of their letters.

NC also has a worthless vehicle "inspection". They always discover that your headlights aren't aimed properly and charge extra to have them re-aimed. Properly aimed apparently means that your low beams blind the approaching drivers. So, you get ripped off and go home and re-de-aim your headlights to where they should be.