richarcm
Regular Member
So my brother in law called me Wednesday night to ask me if carrying a gun in a Chesterfield County Park was legal. I told him of course it is. County Parks are preempted by state law.
He said that he was in his work truck taking care of some paperwork when a cop walked up to him and noticed that on his seat he had a loaded firearm. Officer Wilkinson told him that it was illegal as did Corporal Monahan. Corporal Monahan asked that if his gun was loaded that he leave the park. My brother in law now being confused as to what the law really was and not wanting to get in trouble complied with Corporal Monahan's request.
Yesterday he called and spoke to one of the Chesterfield County District Attorneys, Colleen (he didn't get her last name), and she agreed that carrying a loaded firearm in a Chesterfield County Park was illegal and referred him to:
Sec. 14-11. - Same—Hunting or carrying a loaded firearm near public schools or parks.
(b) No person shall transport, possess or carry a loaded firearm within 100 yards of any property line of any county public school or county park, except as otherwise permitted by state law.
What befuddles me even more is that my brother in law said that she AND several officers made mention that the park was PRIVATE property. I told him that that is ridiculous. He said the thought it was as well but that that was what they were telling him.
Anyways I've been feeding this information to PVC. With the Roanoke picnic this weekend and because he lives in Midlothian he is pretty interested in following up with Chesterfield County on this incident. Apparently there is some pretty major misunderstanding of the law and of the ownership of the Chesterfield County Parks.
PVC pointed to part of the subsection that refers to:
§ 29.1-527. Counties, cities or towns may prohibit hunting near public schools and county, city, town or regional parks.
The governing body of any county, city or town may prohibit by ordinance, shooting or hunting with a firearm, or prohibit hunters from traversing an area while in possession of a loaded firearm, within 100 yards of any property line of a public school or a county, city, town or regional park. The governing body may, in such ordinance, provide that any violation thereof shall be a Class 4 misdemeanor. Nothing in this section shall give any county, city or town the authority to enforce such an ordinance on lands within a national or state park or forest, or wildlife management area.
It seems that the various codes/laws need to be clarified. Not even the people who are supposed to be best versed on the laws can quite understand them.
My brother in law is going to be writing a detaile report of what occurred tomorrow and sending it to Philip. He did not get any recordings of the encounter with Officer Wilkinson, Corporal Monahan or District Attorney Colleen. I asked him that if he has any further coorespondance that he make sure all communications in person or over the phone are documented.
He said that he was in his work truck taking care of some paperwork when a cop walked up to him and noticed that on his seat he had a loaded firearm. Officer Wilkinson told him that it was illegal as did Corporal Monahan. Corporal Monahan asked that if his gun was loaded that he leave the park. My brother in law now being confused as to what the law really was and not wanting to get in trouble complied with Corporal Monahan's request.
Yesterday he called and spoke to one of the Chesterfield County District Attorneys, Colleen (he didn't get her last name), and she agreed that carrying a loaded firearm in a Chesterfield County Park was illegal and referred him to:
Sec. 14-11. - Same—Hunting or carrying a loaded firearm near public schools or parks.
(b) No person shall transport, possess or carry a loaded firearm within 100 yards of any property line of any county public school or county park, except as otherwise permitted by state law.
What befuddles me even more is that my brother in law said that she AND several officers made mention that the park was PRIVATE property. I told him that that is ridiculous. He said the thought it was as well but that that was what they were telling him.
Anyways I've been feeding this information to PVC. With the Roanoke picnic this weekend and because he lives in Midlothian he is pretty interested in following up with Chesterfield County on this incident. Apparently there is some pretty major misunderstanding of the law and of the ownership of the Chesterfield County Parks.
PVC pointed to part of the subsection that refers to:
§ 29.1-527. Counties, cities or towns may prohibit hunting near public schools and county, city, town or regional parks.
The governing body of any county, city or town may prohibit by ordinance, shooting or hunting with a firearm, or prohibit hunters from traversing an area while in possession of a loaded firearm, within 100 yards of any property line of a public school or a county, city, town or regional park. The governing body may, in such ordinance, provide that any violation thereof shall be a Class 4 misdemeanor. Nothing in this section shall give any county, city or town the authority to enforce such an ordinance on lands within a national or state park or forest, or wildlife management area.
It seems that the various codes/laws need to be clarified. Not even the people who are supposed to be best versed on the laws can quite understand them.
My brother in law is going to be writing a detaile report of what occurred tomorrow and sending it to Philip. He did not get any recordings of the encounter with Officer Wilkinson, Corporal Monahan or District Attorney Colleen. I asked him that if he has any further coorespondance that he make sure all communications in person or over the phone are documented.