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I think I just found the answer to VCU's ban on guns

skidmark

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Jan 15, 2007
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OK, so I'm not the shapest crayon in the box, etc. :what: I am also probably not the swiftest legal mind out there. :shock:

Howsomever, a recent post about the University of Richmond lecture on 2A tonight (4/13) contained a link to the Attorney General's opinion (OP. NO. 05-078) regarding the limitation on public universities making rules about concealed carry by other than students/employees. That opinion specifically referrenced COV 25.50-10 as limiting the power of the Board of Visitors.

I went to 8VAC90-10-50, which is where VCU prohibits the carry of firearms [in any manner] on its campus. The statutory authority cited for their ability to make that rule happens to be -- wait fot it -- COV 25.50-10 :lol:

And even better, the AG's opinion was issued AFTER 8VAC90-10-50! :uhoh:

My basic thought is that OP. NO. 05-078 nullifies paragraph #4 of 8VAC90-10-50.

I'd appreciate anybody else looking at this and pointing out any flaws on my reasoning.

stay safe.

skidmark
 

Mike

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Agreed - and many VAC regs are arguably invalid as exceeding the scope of the agency authority set forth in the Code of VA - VCDL is working on getting these regs repealed via the ongoing VA task force led by the AG to cut back on regulations in the VAC.
 

Mike

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rabbit994 wrote:
Yep, your flaw is thinking AG opinions are binding...
Actually, I think VA AG opinions might be binding on state agencies, but advisory to localitiesand courts - anyone have an authority on this question?
 
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