TFred
Regular Member
I think I know the answer to this, but I think it's so important, I wanted to start a thread for it.
At the end of another thread, a Second Circuit US Court of Appeals ruling was referenced, in which a police officer was granted qualified immunity from a charge of false arrest after he arrested someone for a violation of a law that was still on the books, but which had been previously declared unconstitutional.
Virginia is in the Fourth Circuit, so it is my understanding that a ruling in the Second Circuit would not be binding here.
This is a copy of the opinion, Amore v. Novarro. What do our legal eagles think might happen should a similar case arise here, involving a local ordinance that has been rendered invalid by 15.2-915 or similar, with regards to firearms?
Whether it applies directly to Virginia or not, this case really hammers home why we need to get all preempted and otherwise invalid ordinances off the books of every locality in the state.
TFred
At the end of another thread, a Second Circuit US Court of Appeals ruling was referenced, in which a police officer was granted qualified immunity from a charge of false arrest after he arrested someone for a violation of a law that was still on the books, but which had been previously declared unconstitutional.
Virginia is in the Fourth Circuit, so it is my understanding that a ruling in the Second Circuit would not be binding here.
This is a copy of the opinion, Amore v. Novarro. What do our legal eagles think might happen should a similar case arise here, involving a local ordinance that has been rendered invalid by 15.2-915 or similar, with regards to firearms?
Whether it applies directly to Virginia or not, this case really hammers home why we need to get all preempted and otherwise invalid ordinances off the books of every locality in the state.
TFred