JohnPierce
Member
- Joined
- Apr 3, 2012
- Messages
- 76
Virginia is a Dillon Rule state. Under the Dillon Rule, municipalities have powers that are strictly limited.
Where possession, transportation, and carrying of firearms and ammunition are concerned, the Virginia Legislature has left no question as to the ability of municipalities to regulate the field. They cannot. The legislature has specifically preempted the entire field under § 15.2-915 of the Code of Virginia.
Ordinances passed in violation of preemption are void and unenforcable. But they do serve the purpose for which they are intended. They make citizens afraid to engage in conduct that is both legal and affirmatively protected by state law. They exert a “chilling effect” on the exercise of citizens’ rights.
Which leads us to an analysis of the Roanoke County ordinance in question …
Excerpt ... Read more
Where possession, transportation, and carrying of firearms and ammunition are concerned, the Virginia Legislature has left no question as to the ability of municipalities to regulate the field. They cannot. The legislature has specifically preempted the entire field under § 15.2-915 of the Code of Virginia.
Ordinances passed in violation of preemption are void and unenforcable. But they do serve the purpose for which they are intended. They make citizens afraid to engage in conduct that is both legal and affirmatively protected by state law. They exert a “chilling effect” on the exercise of citizens’ rights.
Which leads us to an analysis of the Roanoke County ordinance in question …
Excerpt ... Read more