AG Herring: No weapons in courthouse

Tosta Dojen · Feb 8, 2017

From time to time we've considered whether §18.2-283.1 applies to the whole building where a court is housed, or if it's inapplicable to the parts of the building that are used for other offices. Some here have cited Bacon for the latter proposition.

Virginia Attorney General Mark Herring recently issued Opinion 16-053, in which he "conclude that the statute barring weapons in courthouses applies to the entire Fauquier County Courthouse, not just those portions of the building occupied by judges and courts."

Attorney General Mark Herring said:

At [the courthouse] entrance, which provides access to the two courtrooms and is used only when court is in session, there is a security officer and a metal detector. Weapons may not be brought into the courthouse through it. The other three entrances provide direct access to the Clerk's Office, the constitutional officers, and county administrative offices. At these entrances, there is no security officer and no metal detector. There is presently no prohibition against bringing weapons into the building through the three unsecured entrances, and persons have from time to time been observed in the Clerk's Office or record room carrying firearms.

[...]

t is my opinion that under the circumstances you have described, it would be legally permissible to implement a courthouse security plan under which weapons are prohibited in all parts of the Fauquer County Courthouse, including those areas occupied by constitutional officers and county employees, subject to the exception for certain public officers and officials set forth in §18.2-283.1.

Click to expand...

TFred · Feb 14, 2017

Classic, and typical. The gun-hating Democrat makes up stuff out of thin air, AND disregards both the Code of Virginia (15.2-915) AND the clear precedent set by prior court case mentioned in the OP as one further step towards the ultimate goal of disarming the population.

TFred

TFred · Feb 14, 2017

So taken to its logical conclusion, all any jurisdiction has to do is set up some small space in any/every municipal building they own to be used for some purpose of any court, and Voila! they can ban guns till the cows come home!

TFred

countryclubjoe · Feb 14, 2017

does this also apply to LEOS?

Wolf_shadow · Feb 14, 2017

countryclubjoe said:
does this also apply to LEOS?

:lol::lol::lol::lol: Yeah Right!!

The Wolfhound · Feb 15, 2017

Of course

"The Only Ones" should remain the only ones. There are special, don't you know....:banghead:

Thundar · Feb 15, 2017

Tyrants are knocking, what do we do?? We need to go nuclear.

The problem is there will be anti-gun knuckleheads, encouraged by the logic free opinion, that again suppress our civil rights. When we assert our rights, and open carry where we know it is not lawfully prohibited, they will arrest us. If we win in court we will still have paid a significant price to defend our civil rights, and no consequences for the civil rights suppressionists. If the anti-freedom goons actually win in court, we will pay a very steep price indeed, as the rigged system will permanently strip our civil liberties from us for daring to stand up for our rights.

We really need pre-emption for all three branches of the Commonwealth, with exceptions only for jail and court rooms when court is in session written into the Commonwealth's constitution. VCDL, are you listening???? Stop fiddling around with P4P and work to insert appropriate language into our most basic law.

Live Free or Die,
Thundar

2a4all · Feb 15, 2017

Thundar said:
The problem is there will be anti-gun knuckleheads, encouraged by the logic free opinion, that again suppress our civil rights. When we assert our rights, and open carry where we know it is not lawfully prohibited, they will arrest us. If we win in court we will still have paid a significant price to defend our civil rights, and no consequences for the civil rights suppressionists. If the anti-freedom goons actually win in court, we will pay a very steep price indeed, as the rigged system will permanently strip our civil liberties from us for daring to stand up for our rights.

We really need pre-emption for all three branches of the Commonwealth, with exceptions only for jail and court rooms when court is in session written into the Commonwealth's constitution. VCDL, are you listening???? Stop fiddling around with P4P and work to insert appropriate language into our most basic law.

Live Free or Die,
Thundar

We (VCDL) are listening, Thundar. Constitutional Carry was introduced again this session, but, alas, it died in committee. As you know, constitutional amendments are very difficult in Virginia. But we'll carry on.

Thundar · Feb 16, 2017

2a4all said:
We (VCDL) are listening, Thundar. Constitutional Carry was introduced again this session, but, alas, it died in committee. As you know, constitutional amendments are very difficult in Virginia. But we'll carry on.[/QUOTE

Preemption needs to apply to all of the toady actions and machinations of the executive branch. First McAwful with his stupid regulation,now the clown Herring, who apparently does not have even a basic power of reason. I know it is a tremendously hard task, but the only lasting and effective bug spray for these gun grabbing cockroaches is a clear change to our basic law. We need a constitutional amendment to permanently guarantee our right to bear arms wherever we go in the Commonwealth.

ed · Feb 18, 2017

other contraband

Not just IN the courthouse either.. There is a RULE.. that Judges have the authority to decide the "rule of the grounds".. so they can ban open carry, knives, even empty holsters.. (they told me empty holsters are banned because if they see an empty one it makes them think a gun is around somewhere). The problem is that if you do this.. and PUSH it, and get arrested.. your case will probably be heard by one of the judges that agreed to or created the rules of the grounds.. so.. do it if you are rich and have lots of time and report back to us.

Ed

The Wolfhound · Feb 21, 2017

maybe, if you filled the holster.....

I did a Second Amendment event, in DC some years back, going "Tactical Banana". I had the largest banana I could find filling my holster, as a protest. I might go "Tactical Plantain" these days since they are larger. A filled holster cannot imply that "something is missing". I do agree that it is hard to get justice from those you argue with.

Wstar425 · Feb 21, 2017

The Wolfhound said:
I did a Second Amendment event, in DC some years back, going "Tactical Banana". I had the largest banana I could find filling my holster, as a protest. I might go "Tactical Plantain" these days since they are larger. A filled holster cannot imply that "something is missing". I do agree that it is hard to get justice from those you argue with.

I carry a plastic banana in my glove box for my infrequent trips into Foster and Smiths in Rhinelander, WI. The pet supply house. The ONE PLACE I patronize with a no gun sign. Usually take my GSD along. Last trip barely got in the door and the cashier asked "Is that a banana?" Replied "Yes!" Comeback, "Is that a training aide?" Reply. "Yes! But not for the dog."

Big crowd around registers and got a thumbs up and a few grins. The banana attracts way, Way, WAY more attention than a firearm, which is rarely even noticed.

It's an ongoing process.

The Truth · Feb 21, 2017

Yet judges and CAs may carry concealed while circumventing the permit process. Plebs like us?

AG Herring: No weapons in courthouse

Tosta Dojen

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TFred

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TFred

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countryclubjoe

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Wolf_shadow

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The Wolfhound

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Thundar

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2a4all

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Thundar

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ed

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The Wolfhound

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Wstar425

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The Truth

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