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Examples of Alexandria's Preempted Firearms Laws

XD Owner

Regular Member
Joined
Aug 3, 2006
Messages
377
Location
Arlington, VA
imported post

I really want to educate the City of Alexandria, but before I go off half-cocked as it were, would appreciate your opinions on the following laws and whether they are preempted or not by Virginia statute § 15.2-915

Sec. 13-2-4 Carrying loaded firearms.


It shall be unlawful for any unauthorized person to carry a loaded firearm in any public place. (Code 1963, Sec. 41-4)
From Title 2, Chapter 13, Article E of the Code of the City of Alexandria

available here: http://www.municode.com/resources/gateway.asp?pid=10349&sid=46

ARTICLE E Ammunition


Sec. 13-2-76 Definition.

For the purpose of this article, the term "restricted handgun ammunition" shall mean any cartridge designed primarily for use in a handgun containing a bullet that is coated with or contains in whole or in part teflon such as the KTW type, or is known commercially as "French Arcane." Nothing contained in this article shall pertain to ammunition from which the propellant has been removed or the primer has been permanently deactivated. (Ord. No. 2716, 9/28/82, Sec. 1)

Sec. 13-2-77 Unlawful conduct.

It shall be unlawful for any person within the city to possess, manufacture or sell restricted handgun ammunition; provided, however, that nothing contained in this article shall prohibit the sale to, purchase by or possession of any ammunition by the military or naval forces of the commonwealth or of the United States for use in the discharge of their official duties. (Ord. No. 2716, 9/28/82, Sec. 1)

Sec. 13-2-78 Regulations.

The city manager shall establish regulations for the testing and evaluation of suspected, restricted handgun ammunition, and fees therefor; shall maintain a public record of the ammunition so evaluated; and shall provide a mechanism by which all restricted handgun ammunition may be turned in to city authorities. (Ord. No. 2716, 9/28/82, Sec. 1)

AND

ARTICLE B Transfer or Sale of Pistols or Revolvers

DIVISION I Generally

Sec. 13-2-21 Display of pistols or revolvers.

No pistol, revolver or imitation thereof or placard advertising the sale thereof shall be displayed so it can readily be seen from the outside of the premises of any pistol or revolver dealer. (Code 1963, Sec. 41-6)...

Sec. 13-2-23 Procedure for sale of pistols or revolvers; sale to certain persons prohibited.

(a)Every person desiring to purchase or otherwise acquire in the city a pistol or revolver shall sign in duplicate and deliver to the seller or person disposing thereof an application for the purchase of a pistol or revolver, containing his full name, address, occupation, color, place and date of birth, height and weight, some descriptive mark of identification, the date and hour of the application, the caliber, make, model and manufacturer's number of the weapon to be acquired and a statement that he has never been convicted of a crime of violence. The seller or person disposing of the weapon shall within six (6) hours after the application, sign and attach his address and deliver one (1) copy of the application to the chief of police, and he shall retain the other copy for five (5) years. Forms for such application shall be furnished by the police chief at the expense of the city. It shall be unlawful for any person to give false information or offer false evidence of his identity in making an application or in acquiring a pistol or revolver. No person shall within the city deliver or otherwise dispose of a pistol or revolver until 72 hours shall have elapsed from the time of the application.

ARTICLE C Suspension of Article B During Emergencies

Sec. 13-2-61 Temporary suspension.

Whenever the city council enacts an emergency ordinance which declares a state of emergency and temporarily prohibits the transfer of firearms, pocketknives, daggers or dirks with blades longer than two inches, within the city, the provisions of title 13, chapter 2, article B shall be suspended and of no force or effect until the state of emergency set forth in the emergency ordinance has been ended by the joint order of both the chief of police and the city manager or by the vote of four members of the city council of the city. (Code 1963, Sec. 41-19.1)

So, are all/some/none of these still valid? I am voting for all are invalid, but appreciate other thoughts.

I think the City of Alexandria needs to scrub the books clean of these antiquated and stupid laws BECAUSE they are preempted.
 

VAopencarry

Regular Member
Joined
May 9, 2006
Messages
2,151
Location
Berryville-ish, VA
imported post

In my amateur opinion, preempted!

§ 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. 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 or juvenile detention facility.
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.
(1987, c. 629, § 15.1-29.15; 1988, c. 392; 1997, cc. 550, 587; 2002, c. 484; 2003, c. 943; 2004, cc. 837, 923.)

15.2-915
 
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