Sheriff wants to conduct their own bankground check

Sorry, but it's hard for me to understand what is the big deal here. I've called law enforcement to report things before and they ask for my name and DOB. If you go to a doctor they identify you by asking for your DOB. People are required to give it out on a regular basis for all kinds of stuff and I just can't see the big deal of giving it to the sheriff so they have a positive I.D. on you.
You might get some legal bunch to scream and yell about it, but in the end, you won't accomplish anything.
 
Actually, quite a bit can be accomplished.

Virginians have for many years been fighting hard against some really onerous and completely unreasonable overreaches by local law enforcement when it comes to the exercise of firearms rights.

Prior to 1994 Virginia had a conditional issue CCW system. If you lived in Northern Virginia, pretty much the only way you could get such a permit from from the local sheriff was if you wrote a large enough check to his re-election campaign.

When shall issue was put into place, there was an extremely long and protracted fight with local sheriffs and police in many areas who did everthing they could to drag out the issuance process, threw up unreasonable (and extralegal) hurdles, fees, etc.

In the early days some sheriffs even said, flat out, that they would under no circumstances issue permits. They were either sued into submission, or replaced.

The Legislature had to, several times, pass amendments further defining the law and what local law enforcement could do via the permit process.

I don't blame jrinne0430 in the least for being suspicious. I am not, under any circumstances, willing to give local, state, or federal law enforcement more powers than are enumerated in law.

That said, I can find nothing that either authorizes or forbids local law enforcement from conducting a background check.

The way I read the Federal law, notification of local law enforcement is required, but local law enforcement (LLE) is not required to do anything with the notification.

In other words, if YOU don't notify the LLE, your license can be denied, but when you do notify LLE, there is apparently nothing in the regs that either deny them or specifically give them authority to do the background check.

I find that to be a bit troubling, and that's why I say contact VCDL.
 
Sorry, but it's hard for me to understand what is the big deal here. I've called law enforcement to report things before and they ask for my name and DOB. If you go to a doctor they identify you by asking for your DOB. People are required to give it out on a regular basis for all kinds of stuff and I just can't see the big deal of giving it to the sheriff so they have a positive I.D. on you.
You might get some legal bunch to scream and yell about it, but in the end, you won't accomplish anything.
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See, this is the problem. If a bit of additional information or a procedure is not required, then why subject yourself to it? I know we have to provide information about ourselves on a daily basis however; if someone or an entity decides they want more than what is required and you compitulate, then they may later start asking for some more, create a hoop or two for you to jump through, etc. Next thing you know, you are neck deep in procedural BS...and if you later refuse, then what?
 
Though the sheriff is new (elected about 1yr ago)
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jrinne0430 I live in Stafford too. My interest in now peaked! I've had my C&R license here for quite a while now. By the way, the Sheriff isn't new. He has been sheriff since 2000 (he may have been re-elected about a year ago). I got my original C&R license with him being sheriff, and several renewals. Never even heard from him.

we have already run across behavior issues with his deputies.
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Who is "we"? I haven't heard of any issues with his deputies. If you've had personal issues with his deputies, then perhaps that is the root of the issue you are having with them now. Not saying that is right or justified, just sayin'...
 
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jrinne0430 I live in Stafford too. My interest in now peaked! I've had my C&R license here for quite a while now. By the way, the Sheriff isn't new. He has been sheriff since 2000 (he may have been re-elected about a year ago). I got my original C&R license with him being sheriff, and several renewals. Never even heard from him.
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You maybe right. I just moved to Stafford from Spotsylvania and I maybe getting the elections confused (Spoty got a new sheriff). Interesting that the Stafford sherriff never asked to perform their own background on you.
 
I changed my previous post a bit. I've had my license for about 10 years now. If they have a new requirement, they must not be forcing it on existing license holders.
 
I changed my previous post a bit. I've had my license for about 10 years now. If they have a new requirement, they must not be forcing it on existing license holders.
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That is what I am waiting on a response about. Unless there is a new ordinance that does not violate the state’s preemption statute, then I do not know why he is asking for it. When I moved to Stafford, I provided the sheriff with a copy of my FFL showing my current (new at the time) address and heard nothing from him until now, at time of renewal.


Personally, I have no issue with having them perform their own check IF it is required and not some arbitrary new desire.
 
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Another possibility is that it is not the sheriff, but someone new in his office. Possibly someone unfamiliar with the 03 C&R FFL. Just thinking it is some kind of "gun" license needing a background check.
Would not a simple call to the sheriff's office be a good idea? Actually talking to someone there might resolve the whole issue.
 
I'm thinking ignoring the sheriff might be an even better course of action.

They don't have much of a say in the overall process, really.
 
I have not heard back from VCDL so I called the sheriff’s dept Criminal Investigative Division (CID) which wanted the background. Bottom line, it is a “request” and not required.

I spoke with the administrative assistant who requested the information via phone message. Overall, the conversation was very polite. Early in the conversation, the tone was definitely leaning to “you must” provide the information until I asked what county or state law required it. I was informed there was none. I was informed that sheriff wants a background check on all FFL holders in the county. I asked why, and was given a spew about how they are trying to automate and consolidate records. I then asked is this “request” something new, I was told no, and that the sheriff dept usually matches the FFL holder to the concealed weapons permit holders (vast majority of FFL holder also have CCW) which results is no need for an additional background request.

I explained that I did also have a CCW however; they had some initial difficulty finding mine but it should not be a problem to do the comparison.
I am upset to find out this was not a requirement but an additional “request” from the sheriff and they would be “asking” everyone who has an FFL to submit to a background check when they send in their copy if the dept can’t find their CCW. :mad:

I should not have called as now it will now bother me that such is happening in my county…oh well, better to know what is happening than to just say OK.
 
I have a CHP, so that must be why I was never called. At least we know it's a request, and can be ignored. If I were you, I'd forget about it. Not worth losing any sleep over.

It does trouble me that the VCDL didn't get back to you, but I'm not surprised. I had been a paying member of the VCDL for many years, but this last year I did not renew. I had an issue with Stafford County in renewing my CHP last year. I was taking advantage of the new "renew by mail" option, and was really getting a run around by the County Clerk's office. I notified VCDL and they didn't take it at all seriously. Later, someone of more status in the VCDL had the same issue in Stafford, and the VCDL was all over it like stink on a weasel.
 
Overall, the request is another hoop and is upsetting to say the least. What kind of round around did you get from Stafford on your CCW renewal?

Edit: I emailed and heard nothing back from VCDL. Also, today I called and left them a message for them to call me.
 
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Not that it makes much difference, but in VA we don't have CCW. We have CHP.

Stafford clerk's office called me and said they needed proof that I had training. I told them I provided that with my first application 10 years previously, my military DD 214. They said they needed it again. I told them to get a copy of it where they are (court house) as I have it on file there. They told me I needed to come in and give it to them, or fax it. I told them I wouldn't fax it or bring it to them. That was additional cost that should not be required and is nowhere in the "renew by mail" requirements. They were not willing to walk across the hall to get a copy of my DD 214 :mad: They hung up on me. I called back and insisted to speak with the county clerk. The next day, the clerk called me. I explained the deal. She said they could use a copy of my expiring CHP if I fax it to them. I then contacted the VCDL, and after several days, I got a simple response: "most people just give them a copy of their CHP". So, I faxed a copy of the CHP and got my renewed CHP on time. Later that year, another Stafford VCDL member had the exact same problem. VCDL took immediate action and got the clerk sorted out big time. There was a write-up about it in the VCDL update email as if that was the first time it happened in Stafford and VCDL was Johnny on the spot. I emailed VCDL and asked why they didn't take action when I told them the Stafford clerk was not following the rules, and like you, I got the crickets chirping response. I'm just not that bigga deal to them. Not that it's about "me" mind you. I just thought VCDL would act on these sort of 2A issues in the state. Not sure why they didn't for my issue, so, they can proceed without me. I'm still active in state pro 2A legislation and routinely write my representatives.
 
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So, having been issued a permit prior, which would indicate meeting the firearm training requirement, was not good enough for them. Now they want to run their own background checks for ffl holders while insinuating it is mandatory...figures.
 
I'm a bit confused (which is nothing new...)

“request” from the sheriff and they would be “asking” everyone who has an FFL to submit to a background check
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What do you mean by submit? Its not like they are going to draw blood, or is it?

If I am understanding it correctly, the sheriff gets a copy of your renewal request, right? You submit the license renewal to the ATF, right? You don't need to wait on the sheriff's approval, do you?

So, if you don't need to wait on their approval, then you aren't submitting to anything, are you? They get notified, and they'll run a check on you, if they feel like it. But since nothing is dependent on their check, other than their own desires, what does it matter?
 
So, if you don't need to wait on their approval, then you aren't submitting to anything, are you? They get notified, and they'll run a check on you, if they feel like it. But since nothing is dependent on their check, other than their own desires, what does it matter?
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They're asking him for more information than what's already on the license application. They are "asking" but tried to make it seem like a demand at first (typical and expected police tactic). The issue is a matter of principle.
 
The issue is a matter of principle.
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I understand that. What I'm trying to say is that their desire to run a background check on you doesn't affect you in any real way, right?

You have met your responsibilities, and anything else is not a requirement, nor has any bearing on your application, right?

No, they don't have a need for any more information. Of course there is the remote possibility they just wanted your birthdate to make sure the "james smith" they are going to run a check on is the same "james smith" that's on their copy of your renewal application....

Of course, if there is already any indication of any kind of adversarial attitude on the part of the sheriff (or his office), then I would say, essentially, bugger off, you evil get! (ok, maybe not those exact words...:D)

Give them what the law requires, and let them get what they want on their own. Because they will get it, one way, or another, if they want it. So, as a good taxpaying citizen, one should at least do what one can to see that they earn their salaries. In other words, since you can't stop them, at least make them do their own legwork.
 
Read my posts about the conduct of some sheriffs in Virginia, 44.

Stafford County Sheriff's office was, for a LONG time, very opposed to concealed carry, and for a time was among those doing what it could to sabotage the new law after it passed.

I'm thoroughly against it simply because giving in where there's no requirement to do so simply emboldens them and gives them cause to think that if 1 will do it, all SHOULD do it. And that's when the problems start.
 
They are entitled to what the law requires and only what the law requires. Anything else, regardless of how insignificant, is none of their business and is "extra-legal" (in that it is beyond what the law requires). Profoundly disturbing!
 
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