CHP Denial Appeal Denied on a technicality
I had my Ore Tenus hearing today in Fairfax County Circuit Court appealing the county’s denial of my concealed handgun permit on the basis of my refusal to obey their extra-legal requirements for documented proof of residency. The judge was in a dreadful mood, and was not at all swayed by my attorney’s argument, but the judge’s opinion on the matter turned out to be moot, as the county clerk didn’t enter my request for an Ore Tenus hearing until 36 days after the original denial was entered, while the law provides only a 35 day window in which to appeal.
Apparently, I was naive in assuming that ‘entered’ meant ‘received in the mail’, when in fact it means ‘received in the mail, left to sit in a pile for days on end, and finally typed into a computer somewhere’. I posted the request for the hearing at the 30 day mark, figuring five days would be plenty of time for a letter that needed to travel a total of 20 miles from Herndon to Fairfax.
So, now I have to start again, submit another application, wait for another denial, schedule another Ore Tenus hearing, etc. Hopefully next time I get a judge who’s in a better mood. I can only imagine how much it would suck to be in court on something serious like a major civil or criminal matter only to have one’s fate decided by the fickle emotional state of an all-powerful judge.
Anyway, we’re now at least 45 days away from the next permit denial. I’ll close with a distasteful paraphrase of John Quincy Adams: Posterity, you will never know how much it cost me to secure your freedom from providing proof of residency on your concealed handgun permit application. I hope you will make good use of it.
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