Proof of training...

[VA Caver]

I talked to a supervisor at the Roanoke Circuit Court on Friday and he told me that my DD-214 will not work as proof of training since I retired from the military 13 years ago. He said I'm not current and that no one who provided a 214 as their proof has been approved by the judge.

HUH? How can he do that?

The State Police regs say: "5. Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition or current military service or proof of an honorable discharge from any branch of the armed services;"

So, my 214 is proof...how can the judge say no? Better yet, how do I fight it without pissing him off?

[mrglock]

Sounds like you might have the advantage of the written law but sometimes they local courts/law enforcement don't necessarily play fair. Owning a silencer here in TX is supposed to be legal also (following the guidelines of course) but in my neck of the woods the local Sheriff won't sign off on the form!!

[Pierce]

I talked to a supervisor at the Roanoke Circuit Court on Friday and he told me that my DD-214 will not work as proof of training since I retired from the military 13 years ago. He said I'm not current and that no one who provided a 214 as their proof has been approved by the judge.

HUH? How can he do that?

The State Police regs say: "5. Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition or current military service or proof of an honorable discharge from any branch of the armed services;"

So, my 214 is proof...how can the judge say no? Better yet, how do I fight it without pissing him off?

From the information you have provided I think you have an uphill battle on your hands. It looks like the judge ruled that you have been out of the service sufficiently long enough to render your 214 worthless as proof that you can competently carry a firearm. Now, if it is the case that he is not accepting any 214s as proof, you certainly should appeal the decision based upon the regulation you cite. But if it the issue is actually with the length of time it has been since you were discharged, you might be better off just taking the required training course. Just my 2 cents.

[VA Caver]

From the information you have provided I think you have an uphill battle on your hands. It looks like the judge ruled that you have been out of the service sufficiently long enough to render your 214 worthless as proof that you can competently carry a firearm. Now, if it is the case that he is not accepting any 214s as proof, you certainly should appeal the decision based upon the regulation you cite. But if it the issue is actually with the length of time it has been since you were discharged, you might be better off just taking the required training course. Just my 2 cents.

I agree...to a point. The regulation does not place a time limit, so how can the judge arbitrarily say too much time has expired? Yes, I agree that taking the class is not a big deal, but 45 bucks is 45 bucks, and if the judge is wrong, I'd like to see him corrected (as if THAT would ever happen).

[Pierce]

Need I say... judges. They seem to have some wide latitude in interpreting the laws. It wouldn't hurt to appeal the decision, though.

[stephpd]

Don't ever try to correct a Judge!

Might try appealing his ruling, lawyer could cost more than the class.
Judges don't have much regard for a regular Joe in court.
In court Judges think they are god.

[mrglock]

In court Judges think they are god.

So TRUE!!

[VA Caver]

I just took the paperwork to the court and asked the clerk supervisor to show me the regulation containing a time limit on DD-214's. He pulled out the State Police regs and when I asked him to point out the part on time limits, he said, "I'm NOT going to argue with you, Sir."

I told him I wan't arguing, merely pointing out what the regs actually say. He said the judges don't see it that way, but to go ahead and submit the paperwork...but don't expect it to get approved.

So, it seems the good judges of Roanoke have taken it upon themselves to place additional restrictions on written law.

[BigBadBull]

I could have used my DD too when I applied, but it was just as easy to go take a NRA Basic Pistol course for ~$60.

I'm still waiting for my call back, seems to me they're going to take the full time on getting back to me.

[threefortyduster]

You live in Virginia...I'm surprised guns are still allowed in state. They seem to have their own way of doing things there.

Not to bang on your state, but damn..I hate that place. I drive through there every year, and we don't spend a dime in that state because of their policies on everything.