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Roanoke ordinance may run afoul of state preemption statute

John Pierce

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The argument that the county is making seems to be that, since the state preemption statute does allow municipalities to regulate certain aspects of firearms if they are specifically granted the power, that it is acceptable to pass an ordinance that contains what appears to be a blanket ban in direct violation of current law just in case the state ever decides to grant them that power.

Excerpt ... Read more

 

TFred

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Of course the Roanoke County attorney is lying. If he weren't, then he would be able to point out the specific section of state code that authorizes the local ordinance. It defies common sense to reference the section prohibiting local ordinances as the explicit authorization to enact a local ordinance on the subject that has been explicitly prohibited by that very section.

Such is the circular logic of gun-hating liberals. The most pathetic thing is that he probably considers it to be a rather clever solution to skirt the law.

TFred
 

Citizen

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If the county fails to act in a timely manner, then the courts are open every day … and the attorney’s fees are on the house if the court agrees with my assessment that the tortured wording is unnecessary and therefore excessive.

Especially since any wording is unnecessary and excessive--the presence of the entire passage is unnecessary. Deleting it brings it into line with state law.
 

peter nap

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John, has anyone gotten copies of the minutes when this was discussed?

From the March 08 review, there should be minutes, memo's, emails and a detailed opinion from the county attorney. These are all subject to FOIA but because of the age, probably need to be reviewed and selected in person.
 
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John Pierce

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John, has anyone gotten copies of the minutes when this was discussed?

From the March 08 review, there should be minutes, memo's, emails and a detailed opinion from the county attorney. These are all subject to FOIA but because of the age, probably need to be reviewed and selected in person.

Not that I am aware of. We will have to get a request in the works.
 

TFred

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John, has anyone gotten copies of the minutes when this was discussed?

From the March 08 review, there should be minutes, memo's, emails and a detailed opinion from the county attorney. These are all subject to FOIA but because of the age, probably need to be reviewed and selected in person.
Keep track of ALL EXPENSES incurred!

From 15.2-915: "the court may award reasonable attorney fees, expenses, and court costs"

:)

TFred
 

peter nap

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Keep track of ALL EXPENSES incurred!

From 15.2-915: "the court may award reasonable attorney fees, expenses, and court costs"

:)

TFred

Lord knows that law needs some real teeth TFred. The county attorney is trying to buy the pot...and it may work!
 

thaJack

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Roanoke, Virginia, USA
They might as well put an ordinance in as:

- Placeholder for ban on firearms to be effective as soon as the state allows.

Anyway, I sent an email to the Board of Supervisors myself.

Dear Members of the Board of Supervisors of Roanoke County,

I am writing you in regards to an ordinance published in the*Roanoke County's Code of Ordinances; Chapter 15 - Parks and Recreation, Section 15-8 - Prohibited uses of parks, Item #6: "Hunting and firearms."

I am among a group of several individuals who have, for some time, been in contact with the County Attorney, as well as the Director of the Parks and Recreation Department, regarding this invalid and unenforceable ordinance that Roanoke County continues to publish in its Code.

As you are hopefully aware, § 15.2-915 of the Code of Virginia specifically outlines the authority that is bestowed on the County with regards to legislation regarding the possession, transportation, and carrying of firearms and ammunition within its jurisdiction.

Roanoke County is not the first locality to publish invalid ordinances in violation of § 15.2-915 and I'm certain it will not be the last. However, I hope that if the County understands that this is a violation of § 15.2-915 it will certainly make the appropriate decision to revise the County Code to become compliant.

I am very interested in a resolution in this matter, and § 15.2-915 (C) provides for reasonable attorney fees, expenses, and court costs to be awarded in addition to any relief that the court may provide should a suit against the County be necessary and the County is subsequently found to be in violation of § 15.2-915.

I would appreciate a response to this email where you specifically address these concerns and, if possible, an explanation from the Board as to why you believe this ordinance to be in Compliance with state law.

Thank you very much for your consideration in this matter.

Regards,
Jack Doyle
 

thaJack

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Here are the meeting minutes from two different sessions. Doesn't seem to say much. I don't have a lot of attachment storage on this forum, so I only uploaded the relevant pages.
 

Attachments

  • 03-11-2008 Minutes.pdf
    166.1 KB · Views: 104
  • 03-25-2008 Minutes.pdf
    348.8 KB · Views: 103
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peter nap

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Here are the meeting minutes from two different sessions. Doesn't seem to say much. I don't have a lot of attachment storage on this forum, so I only uploaded the relevant pages.

Thanks Jack!

Reading the Directors remarks and the lawyer's letter

This office had carefully considered the legislation adopted by the Virginia General Assembly, and analyzed that legislation with reference to existing County Code provisions. In March of 2008 we recommended that the Board of Supervisors consider an amendment to Section 15-8 of the Roanoke County Code to bring it in to compliance with Section 15.2-915 of the Code of Virginia. The Board accepted our recommendation and adopted Ordinance #032508-7. This amendment cured any infirmity.

There is a memo(s) between the Director and lawyer, outlining how a hunting ordnance can be form fitted into simple carry.

I think that's the FOIA that needs to be pushed. This jerk is gonna scream "working papers" and the Judge is going to have to decide it,,,IMO.
 

John Pierce

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Thanks Jack!

Reading the Directors remarks and the lawyer's letter



There is a memo(s) between the Director and lawyer, outlining how a hunting ordnance can be form fitted into simple carry.

I think that's the FOIA that needs to be pushed. This jerk is gonna scream "working papers" and the Judge is going to have to decide it,,,IMO.

I am doing a followup article and am also submitting a FOIA request even though I suspect you pegged the answer I will get. :)


John
 

thaJack

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My guess, if I were a betting man, would be that neither the County Attorney nor the Board of Supervisors is even going to acknowledge that there is a problem.

I'll be shocked if they even reply to my email.
 

peter nap

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My guess, if I were a betting man, would be that neither the County Attorney nor the Board of Supervisors is even going to acknowledge that there is a problem.

I'll be shocked if they even reply to my email.

That's one advantage of FOIA Jack. Not replying is a violation of the law.
 

ryan7068

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Chesapeake, VA
BBQ time!!!

Sounds like a great place to throw a Summer Starter OC Barbeque! Have some copies of the VA state premption laws on hand though. I wouldn't want my meal interrupted by a bothersome and uneccesary trip to the slammer.
 
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