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Virginia: Roanoke ordinance may run afoul of state preemption statute

Discussion in 'Legal' started by JohnPierce, Apr 21, 2012.

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  1. JohnPierce

    JohnPierce Member

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    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
     
  2. Bubbles

    Bubbles Member

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    We here in WV are well aware of how the Florida legislature put some teeth into their pre-emption law, and are working on getting something similar into our laws.
     
  3. JohnPierce

    JohnPierce Member

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    We need to duplicate the Florida effort here in Virginia as well.
     
  4. Deanimator

    Deanimator Member

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    Ohio also has preemption of firearms laws. Cleveland tried that nonsense a while back and took the kind of beating in court that Bruce Willis took in "Last Man Standing". Frank Jackson still walks with a limp. :D

    Ohioans for Concealed Carry keeps an eye on preemption violations and jumps on them hard, bringing suit where necessary. VCDL has an even tougher reputation.
     
  5. HOOfan_1

    HOOfan_1 Member

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    They keep saying allowed by statute, yet they don't deem it necessary to say specifically WHAT STATUTE...
     
  6. brickeyee

    brickeyee Member

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    This is Virginia's preemption statute.

    The "expressly authorized by statute' referred is STATE statute, not local.

    Only those powers directly granted to a sub-municipality by the STATE are allowed.

    Some local yodel attorney is asking to be smacked down.

    A letter form the state AG should do the job.


     
  7. HOOfan_1

    HOOfan_1 Member

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    Cuccinellii is big on second amendment rights and he is big on enforcing Dillon Rule
     
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