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Roanoke attempts to ban OC in certain public places

BB62

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I thought that VA was a "Gold Star" state, with complete firearms preemption? Is what is being proposed legal?


http://www.wdbj7.com/content/news/Roanoke-Cou-395756071.html

"There's a list of places that ban semi-automatic guns with magazines of at least 20 rounds in public places and shot guns that hold at least seven shells. Now, the Roanoke city leaders voted in favor of being added to that list.

Roanoke is also trying to govern who is allowed to bring a firearm into public buildings.

Safety and gun bans in schools and courthouses were cited as reasons. …”
 

Grapeshot

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I thought that VA was a "Gold Star" state, with complete firearms preemption? Is what is being proposed legal?


http://www.wdbj7.com/content/news/Roanoke-Cou-395756071.html

"There's a list of places that ban semi-automatic guns with magazines of at least 20 rounds in public places and shot guns that hold at least seven shells. Now, the Roanoke city leaders voted in favor of being added to that list.

Roanoke is also trying to govern who is allowed to bring a firearm into public buildings.

Safety and gun bans in schools and courthouses were cited as reasons. …”

That would be legal IF the general assembly passed such a law and the governor signed it.

I anticipate that there will be large resistance to such a change. IMO - ALL of the excepted municipalities should be removed/deleted from the statute.
 

davidmcbeth

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That would be legal IF the general assembly passed such a law and the governor signed it.

I anticipate that there will be large resistance to such a change. IMO - ALL of the excepted municipalities should be removed/deleted from the statute.

You really think this?
 

Grapeshot

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That would be legal IF the general assembly passed such a law and the governor signed it.

I anticipate that there will be large resistance to such a change. IMO - ALL of the excepted municipalities should be removed/deleted from the statute.

You really think this?

Of course, I do. Legal = established or recognized by law.

Review Forum Rule #15 as needed.
 

jmelvin

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I hope the General Assembly will take up consideration of a bill to remove all of the excepted localities where the carrying of certain arms by anyone other than a CHP holder is currently illegal per the Code of Virginia. If the GA has an action it is to do this to ensure uniformity in the Code across the state.

GA to Roanoke: We agree Roanoke should be like these other cities. We'll abolish the exceptions altogether!
 

Maverick9

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Should they not ban 'mean mugging', protrusion of the sarcastic tongue?

What about the exposed thong statute?

It's a blight on the public consciousness ranking above having a tool on your belt.
 

wrearick

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I am with Jmelvin on this. This may be a golden opportunity to provide data showing that the exempted cities are no safer than other cities within the commonwealth, therefore the law has no positive impact for the common citizen. Therefore, no compelling reason exists to continue to allow a few municipalities to have exclusive rights not afforded to other municipalities within the commonwealth and the exemption should be rescinded and struck from the code.
 

The Truth

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Va. Code Ann. § 18.2-308.2:2(G)?

"Any semi-automatic center-fire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock."


:banghead:


So your average AR10 is not an "assault weapon," but an AR15 would be, assuming both are equipped with "standard" magazines. Makes perfect logical sense.

So is it the counties, towns, or municipalities that are "grandfathered in" with firearms restrictions which present the issue with § 15.2-915? Why aren't state agencies preempted? Oh right, because the will of the people means nothing in Virginia. That much is evidenced by the governor's executive orders and his [mis]use of veto power.
 

Grapeshot

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--snipped--

So is it the counties, towns, or municipalities that are "grandfathered in" with firearms restrictions which present the issue with § 15.2-915? Why aren't state agencies preempted? Oh right, because the will of the people means nothing in Virginia. That much is evidenced by the governor's executive orders and his [mis]use of veto power.
The excepted municipalities were not grandfathered but given special dispensation based on their political clout and would have opposed the bill otherwise. I believe it was hammered out in committee.

The manner in which the political authority is presently structured state agencies are the purview of the executive branch and subject to a different set of procedures.

Could state agencies be included in preemption? Sure IF the House and Senate + the governor agree to a change in the statutes.

Will of the people? Do you really want to go there in a state that voted for Obummer twice? This pattern must be changed.

Note also that veto power is part and parcel of our system. The possibility to override a veto is included too.

IMO - we will be far better off after McAwfull's term is up and we can get someone at the top more interested in protecting the legal status of honest people maintaining their right to defend themselves.
 

mobeewan

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Originally this law was based on the size of the population of cities (I believe it was 170,000) and the form of the county government.

This was amended because citizens could run afoul of the law not knowing the specific population size side of the city they would be in or what form of government the county had.

The cities and counties listed in the current law all meet the previous requirements.

Apparently someone has the bright idea that we can now get cities added to the list just by being added to the list by name.

Current US census estimate for Roanoke is 99,897.
 
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Grapeshot

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Originally this law was based on the size of the population of cities (I believe it was 170,000) and the form of the county government.

This was amended because citizens could run afoul of the law not knowing the specific population size side of the city they would be in or what form of government the county had.

The cities and counties listed in the current law all meet the previous requirements.

Apparently someone has the bright idea that we can now get cities added to the list just by being added to the list by name.

Current US census estimate for Roanoke is 99,897.
Big cities/municipalities need more protection from legal honest people. (sarcasm)

Roanoke is just trying to make its citizenry feel better. (more sarcasm)
 

Neplusultra

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I am with Jmelvin on this. This may be a golden opportunity to provide data showing that the exempted cities are no safer than other cities within the commonwealth, therefore the law has no positive impact for the common citizen. Therefore, no compelling reason exists to continue to allow a few municipalities to have exclusive rights not afforded to other municipalities within the commonwealth and the exemption should be rescinded and struck from the code.

BINGO!
 

The Truth

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During my tenure in Roanoke I witnessed more petty crime and came across more felons, idiots, and systemic incarceration of poor uneducated folks than anywhere else I've lived. SE Roanoke seemed to be the worst, with NW coming in a close second (SE was more white folks, NW was more black folks) and NE Roanoke with an honorable mention. Lots of opiate addiction and career criminals. Typical Americans probably don't even know people exist like they do in and around Roanoke. It's not very comparable to any major city I can think of.
 

BB62

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An Ohio gun rights organization did a public records request of Cleveland, Ohio - a city that has repeatedly challenged firearm preemption laws - regarding their bitter complaints that preemption invalidated Cleveland's "assault weapons" ban.

Might I suggest a similar course of action for the needy VA cities?

Part 1: https://www.buckeyefirearms.org/truth-about-cleveland’s-“assault-weapon-ban”-part-i

Part 2: https://www.buckeyefirearms.org/truth-about-cleveland’s-“assault-weapon-ban”-part-ii
 

utbagpiper

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The excepted municipalities were not grandfathered but given special dispensation based on their political clout and would have opposed the bill otherwise. I believe it was hammered out in committee.

The manner in which the political authority is presently structured state agencies are the purview of the executive branch and subject to a different set of procedures.

Could state agencies be included in preemption? Sure IF the House and Senate + the governor agree to a change in the statutes.

...

So I'm confused. The OCOD information page for Virginia claims that in Virginia, "There is complete state preemption of all firearms laws..."

Are some localities not preempted from banning certain, common firearms and magazines?

That is kind of a big deal for those who may travel through or to such locations and might get bit.

I recognize the state preemption info is given in context of OC and this site doesn't discuss OC of long guns. But when I read "complete state preemption of all firearms laws" I kind of figure that means all of them.

In checking, I realize the information on the Utah page is also subtly but materially in error.

To whom do I provide corrected information for the Utah page?

Thanks

Charles
 

Grapeshot

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--snipped--

In checking, I realize the information on the Utah page is also subtly but materially in error.

To whom do I provide corrected information for the Utah page?

Thanks

Charles
Send a PM to John Pierce and be patient.
 

grylnsmn

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So I'm confused. The OCOD information page for Virginia claims that in Virginia, "There is complete state preemption of all firearms laws..."

Are some localities not preempted from banning certain, common firearms and magazines?

That is kind of a big deal for those who may travel through or to such locations and might get bit.

I recognize the state preemption info is given in context of OC and this site doesn't discuss OC of long guns. But when I read "complete state preemption of all firearms laws" I kind of figure that means all of them.

In checking, I realize the information on the Utah page is also subtly but materially in error.

To whom do I provide corrected information for the Utah page?

Thanks

Charles

Virginia does have full preemption, but there is a state law prohibiting the carry of certain firearms/magazines in certain cities and counties. It covers magazines holding more than 20 rounds, and centerfire pistols with threaded barrels, among other things. CHP holders are exempt from those restrictions.

What is happening here is that Roanoke passed a resolution to ask the General Assembly to add them to the list of localities covered by that law.
 

Grapeshot

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Virginia does have full preemption, but there is a state law prohibiting the carry of certain firearms/magazines in certain cities and counties. It covers magazines holding more than 20 rounds, and centerfire pistols with threaded barrels, among other things. CHP holders are exempt from those restrictions.

What is happening here is that Roanoke passed a resolution to ask the General Assembly to add them to the list of localities covered by that law.

Not full, unconditional exemption. All state agencies come under the control of the executive branch/administrative = governor and attorney general.

State agencies include ABC stores, Library of Va., Treasures Office, DOC lands (no hunting there anymore), and a raft of formerly completely public (no restriction) buildings. See executive Order #50 from Governor Terry McAuliffe:
http://www.nbc29.com/story/30268009/gov-mcauliffe-signs-executive-order-on-gun-control-measures
 
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grylnsmn

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Not full, unconditional exemption. All state agencies come under the control of the executive branch/administrative = governor and attorney general.

State agencies include ABC stores, Library of Va., Treasures Office, DOC lands (no hunting there anymore), and a raft of formerly completely public (no restriction) buildings. See executive Order #50 from Governor Terry McAuliffe:
http://www.nbc29.com/story/30268009/gov-mcauliffe-signs-executive-order-on-gun-control-measures

My apologies. By "full preemption", I meant over localities, as that was the focus of this discussion. (Last I checked, the state agencies' situation was in a couple of other threads, not this one.) Roanoke is fully preempted from trying to ban the carry of any specific firearms.
 

JamesCanby

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My apologies. By "full preemption", I meant over localities, as that was the focus of this discussion. (Last I checked, the state agencies' situation was in a couple of other threads, not this one.) Roanoke is fully preempted from trying to ban the carry of any specific firearms.

Yes, but as has been pointed out, certain Virginia cities have been legislated by the State to limit certain aspects of firearms carry UNLESS the carrying citizen has a Concealed Handgun Permit. Roanoke is trying to get added to that list of cities.
 
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