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Carrying In Church with Kindergarten?

JamesCanby

Activist Member
Joined
Jul 2, 2010
Messages
1,480
Location
Alexandria, VA at www.NoVA-MDSelfDefense.com
On a related note: Was the old AG opinion stating that self defense supports justifiable reason to carry in church ever codified?

No....its still illegal.

James, re: your posting that "it's still illegal" to carry in a church...

The statute says "if any person carries any gun, pistol ... or other dangerous weapon, without good and sufficient reason, to a place of worship..." and Cuccinelli's opinion letter states that "carrying a weapon for personal protection constitutes a good and sufficient reason."

Doesn't the former AG's opinion carry weight until and unless it is countermanded by a new opinion?
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
An AG's opinion doesn't carry the force of law, but shall be considered and given weight.

"Building upon the French Council of State, and using the state of Virginia as a model, this dissertation examines the guiding role that state attorney general opinions can play in resolving issues of ambiguity and statutory construction in various areas of public management and administration."
http://scholar.lib.vt.edu/theses/available/etd-11022005-113035/unrestricted/KLongDiss.pdf
 

ProShooter

Regular Member
Joined
Mar 23, 2008
Messages
4,663
Location
www.ProactiveShooters.com, Richmond, Va., , USA
James, re: your posting that "it's still illegal" to carry in a church...

The statute says "if any person carries any gun, pistol ... or other dangerous weapon, without good and sufficient reason, to a place of worship..." and Cuccinelli's opinion letter states that "carrying a weapon for personal protection constitutes a good and sufficient reason."

Doesn't the former AG's opinion carry weight until and unless it is countermanded by a new opinion?


Although the AG is (was) a heavy weight when it comes to his opinion, its still just an opinion from a lawyer. Its not law. A judge may agree with his opinion, or a judge / jury may say "yeah that's nice, but the law says otherwise". Until the law is changed to reflect his opinion, its still just an opinion.
 

Maverick9

Regular Member
Joined
Apr 7, 2013
Messages
1,404
Location
Mid-atlantic
I'm picturing an AG, a LEO, a Governor, a lawyer, a clergyman and a Principal all sitting around perusing the carry laws with their thumbs in the place where the Sun don't shine, all hoping to pull out a plum of an opinion.

It's hilariously ridiculous and doesn't even do what they think the law does.

It does not engender respect of the law, either.
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
James, re: your posting that "it's still illegal" to carry in a church...

The statute says "if any person carries any gun, pistol ... or other dangerous weapon, without good and sufficient reason, to a place of worship..." and Cuccinelli's opinion letter states that "carrying a weapon for personal protection constitutes a good and sufficient reason."

Although the AG is (was) a heavy weight when it comes to his opinion, its still just an opinion from a lawyer. Its not law. A judge may agree with his opinion, or a judge / jury may say "yeah that's nice, but the law says otherwise". Until the law is changed to reflect his opinion, its still just an opinion.
This dialog has become rather interesting, and here's why:

The statute says what it says. We can't deny the fact that it allows one to carry with good and sufficient reason. The fact that the phrase is in the code explicitly implies that there does exist (or at least could exist) a good and sufficient reason to carry a gun... So, the question at hand seems to be, is carrying a gun for self-defense included in what they meant to be a "good and sufficient reason?"

Let's turn the question around: If self-defense is not a good and sufficient reason, what other possible reason could be? And more importantly, upon what guidance would you base such an assertion, that would not also allow for self-defense to be similarly classified?

ETA: I can accede to the fact that it is not certain that self defense is good and sufficient, but at the same time, and for the exact same reason, there are no facts that would support that it is not.

TFred
 
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Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
I'm picturing an AG, a LEO, a Governor, a lawyer, a clergyman and a Principal all sitting around perusing the carry laws with their thumbs in the place where the Sun don't shine, all hoping to pull out a plum of an opinion.

It's hilariously ridiculous and doesn't even do what they think the law does.

It does not engender respect of the law, either.
I'm stealing that for future use! :lol:

Stuck in his thumb and pulled out a plum............
 
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