Governor to BAN OC in Executive Branch Buildings

[skidmark]

I know we don't discuss CC much here, but in a legislative sense, do regulations require approval of the general assembly?


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No, regulations do not require legislative approval. But as Grapeshot mentioned, they have to go through a formal process before they are implemented. Executive orders are not regulations.

My first impressions are that because there is statute law regarding where CC is permitted and prohibited there needs to something in the Va Administrative Code (similar to what public universities have done) to enact this restriction. My guess is that if every comment received was against this and every even barely gun-friendly legislator wrote opposing this it would still happen.

Someone on another board wrote about the chances of getting this reversed:

Nothing like a complete abandonment of the Republican gubernatorial candidate by his so-called party to put a loathsome Democrat in office. (By this I am applying the adjective to this governor specifically, not all Democrats in general. Not all are loathsome. Some are even tolerable. )

Beaten by 2.5 percentage points in a race where the Republican party spent almost nothing to support "their" candidate compared to what they spent to elect their candidate (the currently imprisoned Bob McDonnell) last election.

Thanks again, traitors!

McAuliffe is going to go down in history as the first Governor who actually Did Something[SUP]TM[/SUP].

stay safe.

 

[skidmark]

Now being discussed here: http://forum.opencarry.org/forums/s...nks-he-is-now-president&p=2164380#post2164380

stay safe.

 

[Lyndsy Simon]

See my post #12 above and read the link.

But this has not been done through the regulation process, but Executive Directive.


As an example:
"The power to control state operations also allows governors to issue executive orders related to state employment and facilities. Governor Kaine used this power in 2006 to issue a GEO that, with few exceptions, prohibits “smoking in offices occupied by executive branch agencies and institutions, including institutions of higher education,” buildings operated by the executive branch, and state vehicles “to improve the health of employees and minimize health risks in the workplace.” In so doing, Governor Kaine relied on powers derived from both the Virginia Constitution and relevant state laws. Until Virginia enacted legislation addressing environmental smoke in state and local government buildings in 2009, this GEO protected state employees and visitors in state buildings and vehicles from secondhand smoke exposure."

Power to do this is claimed under Va. Const. Art. V, §1. &. Va. Code §§2.2-100-135 (2011).
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3560871/

There are 3 branches to our state government: Executive, Legislative, and Judicial. The governor is the CEO and Chairman of the Board of the Executive branch. He can hire or fire a director or move his office to the bathroom.......well almost.

Thank you for this post, I've got some reading to do.

I will start by saying that while the governor is granted power under Article V, Section 1 of the Virginia Constitution, his power is restrained (as is all powers granted by that document) by Article I, Section 13:

That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.

 

[Lyndsy Simon]

Also - he doesn't think he's President, he thinks he's Emperor.

 

[ProShooter]

What is this "open carry" that you speak of, Guvnah? Please show me the legal definition from the Code so that I may know what law not to break....

 

[Thundar]

Our response must be very sharp. I propose two tracks.

Track one: carry and post signs that say "gun free mass murder zone, brought to you by order of TMac "

And a second track where we protest TMacs assault on the civil rights of Virginians.

 

[rscottie]

Well, he certainly is poking the hornets nest starting this with the good citizens of VA.

I will be cheering you guys on from KY.

 

[markand]

In the section labeled: "I. Establish Joint Task Force to Prosecute Gun Crimes", the first bullet point states, "1) that only licensed firearms dealers engage in the business of selling firearms". I have no doubt that our governor means, "Find a way to halt private sales of firearms, especially at gun shows."

Not sure how he might accomplish this, but such action would be consistent with his stated objectives. Interesting that the governor comes up with this shortly after POTUS floats the idea of executive or regulatory action requiring anybody who sells more than x guns a month, whether an FFL or not, to have background checks performed on all buyers.

 

[taurusfan]

"We must take every precaution to protect our citizens and state employees from gun violence. We cannot wait until a tragedy occurs to decide to address it. Prevention requires us to address areas of concern before they are realized"

...and it follows that by making a law or rule that guns cannot be carried by civilians it will stop a murderer ??

It seems to me only the murderers will have guns.

 

[Grapeshot]

From the EO 50 document:
http://www.thetruthaboutguns.com/wp-content/uploads/2015/10/EO-50-on-Gun-Violence-Final.pdf

It is more important that people "feel safe" than actually be safe. The phrase "feel safe" is repeated throughout the document.

"Gun violence" is another hammered buzz phrase, not people that break the law. It is the inanimate gun that is bad. Conversely, we must have bad vehicles as so many of them injure and kill people.

The 3rd paragraph suggests/foretells that private property sales of gun w/o going through a background check will become a thing of the past - next step included is registration. Also hinted at is law enforcement desire to check your papers.

"To reduce gun violence, a sustained program that addresses both demand and supply is needed." Make it more difficult to buy guns and make them harder to acquire.

Don't stub your toe accidentally while carrying - the police & prosecutor will be waiting and watching.

First we had swatting and now we shall have "tipping" where anyone can call in and drop a dime on you even if you have done nothing improper. Essentially you will be guilty until proved innocent because they will leave it to the judge to sort out.

Those accused of domestic violence will have to "forfeit guns they may already possess." Not transfer them to someone else, not have them held pending final disposition of the case, but forfeit = to lose or surrender as a penalty.

Open carry restrictions are set, concealed carry restrictive procedures coming to a theater near you soon.

"All Virginians have the right to feel safe and secure in going about their daily lives." That just doesn't apply to you and me. We are red haired step children who must sleep naked in the barn.

I'm more than a little frustrated at those who didn't vote or voted for their favorite loser (a protest vote indeed) rather than caste a ballot for the best of the possible winners - that was a choice of a D or a R. We lost the executive branch by a lousy 2.5% :banghead:

Come election day the lines of voters should extend to the horizon as we take our state and freedoms back........they were never for sale or rent.

Then on Lobby Day our numbers should not be in the hundreds, but in the thousands.

What is it going to take my friends? Will it be the sound of broken glass and cattle cars rumbling to wake you up to the fact that you are the last one standing?

 

[color of law]

VI. Banning Firearms in State Government Buildings

We must take every precaution to protect our citizens and state employees from gun violence. We cannot wait until a tragedy occurs to decide to address it. Prevention requires us to address areas of concern before they are realized. Accordingly, I hereby declare that it is the policy of the Commonwealth that open carry of firearms shall be prohibited in offices occupied by executive branch agencies, unless held by law enforcement, authorized security, or military personnel authorized to carry firearms in accordance with their duties. Within 30 days of the date of this Executive Order, the Director of the Department of General Services (DGS) shall issue guidance prohibiting carrying weapons openly in offices occupied by executive branch agencies.

I further order the Director of DGS, within 30 days of the date of this Executive Order, to propose regulations to ban the carrying of concealed weapons in offices occupied by executive branch agencies, unless held by law enforcement, authorized security, or military personnel authorized to carry firearms in accordance with their duties.

I'm from Ohio, but what violation of law would be charged for open carrying in a government building? I guess they could try trespass, but that charge is tough to enforce without an actual crime being committed.

 

[Lord Sega]

I'm not sure that will work. From the text of EA50:
We must take every precaution to protect our citizens and state employees from gun violence. We cannot wait until a tragedy occurs to decide to address it. Prevention requires us to address areas of concern before they are realized. Accordingly, I hereby declare that it is the policy of the Commonwealth that open carry of firearms shall be prohibited in offices occupied by executive branch agencies, unless held by law enforcement, authorized security, or military personnel authorized to carry firearms in accordance with their duties. Within 30 days of the date of this Executive Order, the Director of the Department of General Services (DGS) shall issue guidance prohibiting carrying weapons openly in offices occupied by executive branch agencies.

I further order the Director of DGS, within 30 days of the date of this Executive Order, to propose regulations to ban the carrying of concealed weapons in offices occupied by executive branch agencies, unless held by law enforcement, authorized security, or military personnel authorized to carry firearms in accordance with their duties.

He's targeting both open and concealed carry.

Correct me if I'm wrong (IANAL), executive order for Policy is not law, so what is the actual law in Virginia?
If OC and CC is lawful how can they do anything with this Policy? Does this allow them to use trespass against the OC/CC person?
Also, if you were approached about OC in an agency building, could you not just give them a blank stare and go CC, then wait for their next move (assuming you have a CCL). And if they walk away, go back to OC until approached again.

 

[Grapeshot]

I'm from Ohio, but what violation of law would be charged for open carrying in a government building? I guess they could try trespass, but that charge is tough to enforce without an actual crime being committed.

Brandishing, assault - whatever they claim happened outside of the view of the judge. It only takes one LEO, one magistrate, and one prosecutor to come together in the dark corner of the night. Remember the governor wants his voters to "feel good."

Skidmark went thorough such an ordeal that lasted about 2 years before he was vindicated.

Scouser is still dealing with his case - waiting for the Va court system to move.

 

[Grapeshot]

Correct me if I'm wrong (IANAL), executive order for Policy is not law, so what is the actual law in Virginia?
If OC and CC is lawful how can they do anything with this Policy? Does this allow them to use trespass against the OC/CC person?
Also, if you were approached about OC in an agency building, could you not just give them a blank stare and go CC, then wait for their next move (assuming you have a CCL). And if they walk away, go back to OC until approached again.

You've never been swatted have you? Some here have.

Now the governor wants the police to become more aggressive.

Some liberals can be very violent people.

 

[peter nap]

You've never been swatted have you? Some here have.

Now the governor wants the police to become more aggressive.

Some liberals can be very violent people.

And, as far as I know, all the executive buildings have metal detectors and Capitol police. You won't get past there.

 

[skidmark]

I'm from Ohio, but what violation of law would be charged for open carrying in a government building? I guess they could try trespass, but that charge is tough to enforce without an actual crime being committed.

Brandishing, assault - whatever they claim happened outside of the view of the judge. It only takes one LEO, one magistrate, and one prosecutor to come together in the dark corner of the night. Remember the governor wants his voters to "feel good."

Skidmark went thorough such an ordeal that lasted about 2 years before he was vindicated.

Scouser is still dealing with his case - waiting for the Va court system to move.

Violation of an Executive Order is probably a misdemeanor in and of itself, along with charges of trespass and possibly brandishing and/or assault (see below).

Violation of a regulation in the Virginia Administrative Code is by default a misdemeanor. As Grapeshot has noted, additional charges could easily be tacked on. Assault can be simple (misdemeanor) or aggravated (felony). The difference is the use/threat of use of a weapon. Too darned lazy to go search the Chapter 18.2 of the Code of Virginia so settle for that as your cite.

While most government buildings have multiple security cameras it is "amazing" [/sarcasm] how they break down or someone fails to remove the recording and preserve it as evidence such that it gets overwritten.

stay safe.

 

[Thundar]

And, as far as I know, all the executive buildings have metal detectors and Capitol police. You won't get past there.

What about ABC stores and DMV offices?

 

[peter nap]

What about ABC stores and DMV offices?

Unless my defination are wrong, they're not executive buildings.

Anyone want to clear that up?????

 

[skidmark]

Unless my defination are wrong, they're not executive buildings.

Anyone want to clear that up?????

They are buildings under the purview of the Executive branch. Please see Post #7, which I repreat the relevant part here:

Wanted to put this separately -

Most of our business with "State Government" takes place in Executive Branch facilities. Look here http://www.statelocalgov.net/state-va.cfm under "Executive" and "Boards and Commissions".

As previously stated, we are skrood.

stay safe.

 

[peter nap]

They are buildings under the purview of the Executive branch. Please see Post #7, which I repreat the relevant part here:



As previously stated, we are skrood.

stay safe.

I stand corrected.