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Saw this while looking up code yesterday...

M

mpguy

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It won't let me cut n paste, but it's sec 54-122.

http://library.municode.com/mobile/...showDocumentFrame.aspx?clientID=11612&docID=4

Would I be reading it correctly, that if I had a incident with a bg, and it came down accordingly, the city could charge me with discharge of a firearm in public?

I've been attempting to find what local ordinance are enforceable, if any that may/may not be covered under pre-excemption of state law. Google hasn't been to kind on the subject though..:confused:

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M

mpguy

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wylde007 said:
What city?

And no, use of a firearm in justifiable self-defense overrides "discharge of a weapon public".
Click to expand...

Suffolk, Va. Thanks for the quick answer. I thought as much, but just attempting to do the correct research


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TFred

TFred

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wylde007 said:
What city?

And no, use of a firearm in justifiable self-defense overrides "discharge of a weapon public".
Click to expand...
Generally speaking, I am pretty sure there is no "overriding" when it comes to these sorts of things. Every statute or ordinance I have ever seen has included concrete exceptions to allow for self-defense or other considerations as needed.

This ordinance is no exception. If you read further down, you find this:

(c)

Exceptions. The provisions of this section shall not be applicable to:

(1)

Law enforcement officers engaged in the lawful performance of their duties as such, nor shall they be applicable in any situation in which the discharge of a weapon is necessary for the preservation or protection of human life or property.
Click to expand...

By the way, why is the Suffolk Board of Supervisors so lazy? They have an entire section of code that has been preempted for years, and rather than repeal it, they just have the editor add a note saying in effect, "this is preempted, so just ignore it."

Also noted that they have not yet cleaned up their fingerprint requirement for CHP applicants.

TFred
 
M

mpguy

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TFred said:
See my note in prior post...

but... discharge cannot be preempted. 15.2-915 does not cover discharge.

TFred
Click to expand...

So should I contact the city on any of this for clarification? It just seems to be counter productive on the matter.

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TFred

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mpguy said:
So should I contact the city on any of this for clarification? It just seems to be counter productive on the matter.
Click to expand...
No, no need. Did you miss the other part of my post? There is an exception to the no discharge ordinance:

"Exceptions. The provisions of this section shall not be applicable to: Law enforcement officers engaged in the lawful performance of their duties as such, nor shall they be applicable in any situation in which the discharge of a weapon is necessary for the preservation or protection of human life or property."

TFred (One M&P guy to another!)
 
Last edited:
peter nap

peter nap

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mpguy said:
So should I contact the city on any of this for clarification? It just seems to be counter productive on the matter.

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Click to expand...

If you want clarification, ask User. You sure aren't going to get it from the locals.
 
M

mpguy

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TFred said:
No, no need. Did you miss the other part of my post? There is an exception to the no discharge ordinance:

"Exceptions. The provisions of this section shall not be applicable to: Law enforcement officers engaged in the lawful performance of their duties as such, nor shall they be applicable in any situation in which the discharge of a weapon is necessary for the preservation or protection of human life or property."

TFred (One M&P guy to another!)
Click to expand...

I missed read the last part of that post. I apologize for that. For some reason I had a blonde moment. Lol. Thanks guys for the info.

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Fallschirjmäger

Fallschirjmäger

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Pleading "Necessity of the Moment" is always valid in court. Most traffic ordinances make it illegal to cross over a double-yellow line.
But I think if you were charged with it and said, "Your Honor, if I had not crossed over the line I would have run over the mother and her two children in a stroller that attempted to cross the street without looking."
 
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