• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Chesterfield Cops and DA Say Carrying Loaded Gun in Chesterfield County Parks ILLEGAL

richarcm

Regular Member
Joined
Jul 1, 2008
Messages
1,182
Location
Richmond, VA
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.
 

jmelvin

Founder's Club Member
Joined
Jun 12, 2008
Messages
2,195
Location
Lynchburg, Virginia, USA
29.1-527 is quite clear that the grant of authority to pose a prohibition ONLY applies to those who would be engaged in hunting. Even if the guys in Chesterfield thought he was in violation of a properly constructed code, the fact that he had a firearm is only incidental to the fact that he was hunting illegally. As we know your brother was not hunting.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
In other words - Chesterfield Is Not Allowed


§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.


A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.


Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. However, no locality shall adopt any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in § 37.2-100, that prevents an employee of that locality from storing at that locality's workplace a lawfully possessed firearm and ammunition in a locked private motor vehicle. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101, from acting within the scope of his duties.


The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail, juvenile detention facility, or state-governed entity, department, or agency.


B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.


C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.

D. For purposes of this section, "workplace" means "workplace of the locality."


(1987, c. 629, § 15.1-29.15; 1988, c. 392; 1997, cc. 550, 587; 2002, c. 484; 2003, c. 943; 2004, cc. 837, 923; 2009, cc. 735, 772; 2012, c. 757.)
 
Last edited:

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
I [strike]expect[/strike] hope that PVC's contact will bring a quick resolution.

The problem that I see is a continuation of such bumps in the road in Chesterfield County wherein some officers just simply do not know the law - they have not been properly trained. That is IMHO a failure of leadership to prioritize this aspect clearly to all officers.

The buck stops at the top - Col. Thierry G. Dupuis, chief of police for the Chesterfield County Police Department
http://www.chesterfield.gov/police.aspx?id=2218

And with William W. Davenport, Chesterfield's Commonwealth's Attorney who represents Chesterfield County residents, the Chesterfield County Police Department.
http://www.chesterfield.gov/content.aspx?id=3071

Gentlemen, if you please!
 
Last edited:

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
sending from my phone so will be shorter than it deserves
what we seem to have is pd and ca glomming on to a code section that seems to fit what they want to have happen - which in this case was to chase a lac out of the park

the code section cited relates to hunting it was an heroic try but just not enough to win the kewpie doll

this shows the value of ocdo and the members here in virginia - we pretty
uch know the law and how the powers to be like to try to abuse it

a side ote - how come everybody else gets rousted by the cops and not me?

stay safe
 

Marco

Regular Member
Joined
Jul 29, 2007
Messages
3,905
Location
Greene County
Philip is aware of it. Let;s see what VCDL does before stirring up the mud.



I have 8/4 available, a late afternoon/early evening event would work best for me. :)
Isn't there a OC neutral/friendly Zoo in the area? I could plan a whole day in the area for the family.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
I have 8/4 available, a late afternoon/early evening event would work best for me. :)
Isn't there a OC neutral/friendly Zoo in the area? I could plan a whole day in the area for the family.

Yep, a right nice little zoo just down the road.
8/4 looks like a good mud stirring day:lol:
 

67GT390FB

Regular Member
Joined
Mar 2, 2007
Messages
860
Location
Richmond, Virginia, USA
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


doesn't this(see bolded above) mean CC and OC are legal as they are permitted by state law? CC through permits and OC by no prohibition on it.
 
Last edited:

riverrat10k

Regular Member
Joined
Aug 24, 2008
Messages
1,472
Location
on a rock in the james river
That would be my take on the statute. Defensive carry is "otherwise permitted by state law."

Appears to be another "piling on" or political statute. Something extra to charge someone with when doing misdeeds, or passed so a politician could say "see, I am protecting the children."
 

scouser

Regular Member
Joined
Apr 4, 2011
Messages
1,341
Location
804, VA
...
Isn't there a OC neutral/friendly Zoo in the area? I could plan a whole day in the area for the family.

Here's a link for the zoo home page. If you look under the "Zoo Information" tab you'll find a map and directions. I was going to take my son there last Wednesday, but the OC dinner the night before wore him out so we'll go there another week instead
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
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


doesn't this(see bolded above) mean CC and OC are legal as they are permitted by state law? CC through permits and OC by no prohibition on it.


This is the very self-same wording that has brought about tomorrow's picnic in the park in Roanoke County.

We shall see if Chesterfield County is willing to admit the wording it confusing and they decide to clean it up.

stay safe.
 
Top