Governor to BAN OC in Executive Branch Buildings

[skidmark]

What limitations are there on "restrictions" imposed through administrative, regulatory process?

Pretty much whatever they want to come up with so long as it is applied across the board (with exemptions for on-duty LEOs of course) and does not single out any of the protected classes from the rest of the population.

The way around whatever they come up with is for the GA to revise 18.2-308.01 et seq. That would be considered a ginormous slap in the Governor's face that most likely would be considered only if there were a rock-solid veto proof majority willing to incur the wrath of the Governor regarding every legislative event following the introduction of such a bill. The Governor could also go all passive-aggressive and have General Services pick up trash at the GA Building only once a week, or otherwise play games.

stay safe.

stay safe.

 

[Grapeshot]

Pretty much whatever they want to come up with so long as it is applied across the board (with exemptions for on-duty LEOs of course) and does not single out any of the protected classes from the rest of the population.

The way around whatever they come up with is for the GA to revise 18.2-308.01 et seq. That would be considered a ginormous slap in the Governor's face that most likely would be considered only if there were a rock-solid veto proof majority willing to incur the wrath of the Governor regarding every legislative event following the introduction of such a bill. The Governor could also go all passive-aggressive and have General Services pick up trash at the GA Building only once a week, or otherwise play games.

stay safe.

Think that would upset the Capital Police. Isn't that their private playground?

 

[HPmatt]

Didn't I read here that the Libs are funding Dhimmicrat candidates against weak VA senators - trying to tip the Upper House to the Dark Side?


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[skidmark]

Didn't I read here that the Libs are funding Dhimmicrat candidates against weak VA senators - trying to tip the Upper House to the Dark Side?


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Yep.

Kind of makes a veto-proof majority difficult, wouldn't you say?

stay safe.

 

[peter nap]

Gee whiz , kidmark!! I was just trying to help.

:lol:

 

[skidmark]

Gee whiz , kidmark!! I was just trying to help.

How?

And please have the courtesy to spell my name correctly.

stay safe.

 

[BB62]

...In the Ky. statute that authorizes the issuance of concealed carry licenses (KRS 237.110) the General Assembly said, "(2) An original or renewal license issued pursuant to this section shall: (a) Be valid throughout the Commonwealth and, except as provided in this section or other specific section of the Kentucky Revised Statutes or federal law, permit the holder of the license to carry firearms, ammunition, or other deadly weapons, or a combination thereof, at any location in the Commonwealth;"

Then in KRS 237.102 they said, "(1) No person, unit of government, or governmental organization shall have the authority to suspend, revoke, limit the use of, or impair the validity of a concealed deadly weapon license issued pursuant to KRS 237.110, or a foreign license which is recognized as valid pursuant to KRS 237.110, unless the license is revoked for the reasons specified in KRS 237.110 and the revocation is done in the manner specified in KRS 237.110."

So, to summarize, our law says, "If it ain't in the statutes passed by the GA, it don't mean squat." It appears to me that these statutes may have been written in contemplation of just such an event as has befallen our brethren to the east. I am certain that our Democrat candidate for Governor(election is in two weeks) would love the national attention he could get for a stunt like this (he thinks that he would make a great President, although he may have to spend at least a partial term as a Senator first)...

An excellent point - and made all the stronger by the fact that at least one person got their panties in a wad rather than point out the language used to "activate" VA licenses - which might or might not have been comparable to that of the great Commonwealth of KY!

...Since davidmcbeth is sleeping(or otherwise absent), solus could use the assistance...

I wondered why the general level of discourse around here had improved...

 

[Grapeshot]

--snipped--
And please have the courtesy to spell my name correctly.

m - y ..n - a - m - e

 

[scouser]

How?

And please have the courtesy to spell my name correctly.

stay safe.

It's a large 'at' symbol followed by a pair of currency symbols .. :lol:

 

[skidmark]

I have a plethora of friends.

stay safe.

 

[jmelvin]

I know nothing of Virginia law, but ignorance of a subject has never stopped me from pontificating on that subject in the past and since the Ky. subforum has been dead for the last week and a half, I'll just jump in here and see if I can't help solus get you Virginians straightened out. Since davidmcbeth is sleeping(or otherwise absent), solus could use the assistance.

In the Ky. statute that authorizes the issuance of concealed carry licenses (KRS 237.110) the General Assembly said, "(2) An original or renewal license issued pursuant to this section shall: (a) Be valid throughout the Commonwealth and, except as provided in this section or other specific section of the Kentucky Revised Statutes or federal law, permit the holder of the license to carry firearms, ammunition, or other deadly weapons, or a combination thereof, at any location in the Commonwealth;"

Then in KRS 237.102 they said, "(1) No person, unit of government, or governmental organization shall have the authority to suspend, revoke, limit the use of, or impair the validity of a concealed deadly weapon license issued pursuant to KRS 237.110, or a foreign license which is recognized as valid pursuant to KRS 237.110, unless the license is revoked for the reasons specified in KRS 237.110 and the revocation is done in the manner specified in KRS 237.110."

So, to summarize, our law says, "If it ain't in the statutes passed by the GA, it don't mean squat." It appears to me that these statutes may have been written in contemplation of just such an event as has befallen our brethren to the east. I am certain that our Democrat candidate for Governor(election is in two weeks) would love the national attention he could get for a stunt like this (he thinks that he would make a great President, although he may have to spend at least a partial term as a Senator first).

No need to thank me right away for the help. Glad to set things straight anytime. Just call if you need me.

Thanks for the reference gutshot. Although Kentucky law obviously has no direct bearing on Virginia, it is both good to know what is in the law of other states (and commonwealths), and good to see the track that other pro-civil rights organizations have taken to address threats to the rights and privileges of other citizens.

 

[BB62]

Thanks for the reference gutshot. Although Kentucky law obviously has no direct bearing on Virginia, it is both good to know what is in the law of other states (and commonwealths), and good to see the track that other pro-civil rights organizations have taken to address threats to the rights and privileges of other citizens.

What is VA's enabling language?

 

[skidmark]

What is VA's enabling language?

VA does not have "enabling legislation". [legislation that gives appropriate officials the authority to implement or enforce the law, legislation, statute]

Sheriffs are constitutional officers and thus responsible for enforcing laws passed by the General Assembly.

The closest you might get are the laws allowing local governments to create police departments.

§ 15.2-1701. Organization of police forces.

Any locality may, by ordinance, provide for the organization of its authorized police forces. Such forces shall include a chief of police, and such officers and other personnel as appropriate.

When a locality provides for a police department, the chief of police shall be the chief law-enforcement officer of that locality. However, in towns, the chief law-enforcement officer may be called the town sergeant.

stay safe.

 

[BB62]

VA does not have "enabling legislation". [legislation that gives appropriate officials the authority to implement or enforce the law, legislation, statute]

Sheriffs are constitutional officers and thus responsible for enforcing laws passed by the General Assembly.

The closest you might get are the laws allowing local governments to create police departments.

I meant what is the language that authorizes the issuance of CCW permits/licenses, and which may also define their reach.

I doubt that VA's laws are as far reaching as KY's, but it would be interesting information to know.


(part of KY's law, as previously cited: "In the Ky. statute that authorizes the issuance of concealed carry licenses (KRS 237.110) the General Assembly said, "(2) An original or renewal license issued pursuant to this section shall: (a) Be valid throughout the Commonwealth and, except as provided in this section or other specific section of the Kentucky Revised Statutes or federal law, permit the holder of the license to carry firearms, ammunition, or other deadly weapons, or a combination thereof, at any location in the Commonwealth;")

 

[skidmark]

18.2-307.1 et seq. http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-307.1/

stay safe.

 

[BB62]

18.2-307.1 et seq. http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-307.1/

stay safe.

Thanks for the specificity.

 

[jmelvin]

BB62 the Code of Virginia 18.2-308 defines the carrying of certain concealed weapons (including handguns) as a crime, however it provides an affirmative defense to the commission of this crime if the guilty person has been issued a valid concealed handgun permit.

18.2-308.01 provides the requirements for the carrying of a concealed handgun with the valid permit. The authorization to carry said handgun is addressed in part C of this law. In this particular instance, certain restrictions on the carrying of a concealed handgun are limited to those provided by the law and those restrictions placed by private property holders.

Code of Virginia laws in the 15.2-915 series address the limits on the control of firearms by authorities and local government agencies. The notable portion regarding the carrying of handguns is found in 15.2-915 specifically.

Now with regard to the control of the public's possession of firearms in state agencies there are a handful of Attorney General Opinions related to this, which may be somewhat related to the overall discussion. However, these are simply opinions. (Examples are Jerry Kilgore opinion related to carrying of concealed handguns in state parks, Bob McDonnell opinion related to the open carry of concealed handguns in state parks, Ken Cuccinelli opinion related to handgun carry in state colleges and universities, etc.)

It is my understanding that the governor believes his power to control the un-concealed carrying of handguns in state facilities comes, at least in part from Code of Virginia 2.2-123; however, it would seem to me that this authority as defined here would be incomplete for what he is attempting to do.

This is just a starting place based on what I can recall from memory, but I hope it helps. ( http://law.lis.virginia.gov/vacode )

 

[BB62]

BB62 the Code of Virginia 18.2-308 defines the carrying of certain concealed weapons (including handguns) as a crime, however it provides an affirmative defense to the commission of this crime if the guilty person has been issued a valid concealed handgun permit.

18.2-308.01 provides the requirements for the carrying of a concealed handgun with the valid permit. The authorization to carry said handgun is addressed in part C of this law. In this particular instance, certain restrictions on the carrying of a concealed handgun are limited to those provided by the law and those restrictions placed by private property holders.

Code of Virginia laws in the 15.2-915 series address the limits on the control of firearms by authorities and local government agencies. The notable portion regarding the carrying of handguns is found in 15.2-915 specifically.

Now with regard to the control of the public's possession of firearms in state agencies there are a handful of Attorney General Opinions related to this, which may be somewhat related to the overall discussion. However, these are simply opinions. (Examples are Jerry Kilgore opinion related to carrying of concealed handguns in state parks, Bob McDonnell opinion related to the open carry of concealed handguns in state parks, Ken Cuccinelli opinion related to handgun carry in state colleges and universities, etc.)

It is my understanding that the governor believes his power to control the un-concealed carrying of handguns in state facilities comes, at least in part from Code of Virginia 2.2-123; however, it would seem to me that this authority as defined here would be incomplete for what he is attempting to do.

This is just a starting place based on what I can recall from memory, but I hope it helps. ( http://law.lis.virginia.gov/vacode )

That helps a great deal - thank you!!

In looking at the code sections you referenced, if they are encompassing/representative, it appears that there is no state level law in VA comparable to KY, where as previously cited, multiple places make it clear that their Governor couldn't legally do the same thing.

Here, for examination by others, are the links to the code sections you referenced:

18.2-308: http://law.lis.virginia.gov/vacode/18.2-308/

18.2-308.1: http://law.lis.virginia.gov/vacode/18.2-308.01/

15.2-915: http://law.lis.virginia.gov/vacode/15.2-915/

2.2-123: http://law.lis.virginia.gov/vacode/2.2-123/


By the way, the Governor is claiming to have (partial?) authority under 2.2-123? ROFLMAO!

"Authority over rooms and space in public buildings.

Rooms and space in public buildings at the seat of government, other than the Capitol, whether the rooms or space are occupied, may be vacated, assigned, and reassigned by the Governor to such departments, divisions, agencies, and officers of the Commonwealth as the Governor deems proper. The Governor shall not vacate, assign or reassign any rooms or space occupied by the Supreme Court, the General Assembly, the State Corporation Commission or other independent agencies, without the consent and approval of such bodies."

 

[jmelvin]

You're quite welcome. I hope you'll forgive my delay in providing the information. When I indicated that I believe that the governor was basing his authority "in part" to CoV 2.2-123 ( http://law.lis.virginia.gov/vacode/2.2-123/ ), my intent was to indicate that there may also be other citations under which he claims the authority, but I do not know what they are. Someone may have referenced them earlier in this thread, but I was just going from memory.

Edited: Skidmark provided these additional links in Response #56.

http://law.lis.virginia.gov/vacode/title2.2/chapter1/section2.2-103/

http://law.lis.virginia.gov/vacode/title2.2/chapter1/section2.2-106/



I do appreciate your interest over here. I know you have been involved with the state laws of Ohio, which is the state of my birth, in which I still take some limited interest.

 

[BB62]

You're quite welcome. I hope you'll forgive my delay in providing the information. When I indicated that I believe that the governor was basing his authority "in part" to CoV 2.2-123 ( http://law.lis.virginia.gov/vacode/2.2-123/ ), my intent was to indicate that there may also be other citations under which he claims the authority, but I do not know what they are. Someone may have referenced them earlier in this thread, but I was just going from memory.

Edited: Skidmark provided these additional links in Response #56.

http://law.lis.virginia.gov/vacode/title2.2/chapter1/section2.2-103/

http://law.lis.virginia.gov/vacode/title2.2/chapter1/section2.2-106/

I do appreciate your interest over here. I know you have been involved with the state laws of Ohio, which is the state of my birth, in which I still take some limited interest.

Thanks, and thanks for the reference to the additional links.