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Thread: what impact might this county code have on o.c.?

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    I'm a resident of York County. A recent gun control measure that was being considered before the Board of Supervisors caused me to take a second look into the county code. I came across something that might be of interest:

    http://www.yorkcounty.gov/code/chap_17/sec17_56.htm
    Sec. 17-56. Wildlife protected; hunting.


    (a) Firearms. No person shall use, carry or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings, or any other forms of weapons potentially inimical to wildlife or dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, without a permit from the appropriate governing official. Shooting into public areas from beyond public area boundaries is also forbidden. Authorized law enforcement officials, however, may carry and discharge firearms in the performance of their official duties.


    (b) Hunting. The hunting, killing, wounding, frightening, capturing, trapping, or attempting to kill, wound, frighten or capture at any time of any wildlife is prohibited, except when it is necessary to prevent injury to persons, or if deemed necessary by the appropriate governing official for game management purposes.


    Of concern to me is the first sentence. My take is that CC is covered by anyone with a CHP via 18.2 308 of the code of Virginia, however to my knowledge OC is not addressed by the code of Virginia and therefore has no applicable 'appropriate governing official'.


    Is there anything I ammissing? Any thoughts on how this might affect O.C.?

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    I initially thought this code pertained to hunting or hunting grounds. But after reviewing the rest of the chapter, this code is effective county wide and is void. If you feel like taking the lead on this, I would advise you to attend a county supervisory meeting and bring this to their attention (politely) and inform them they need to amend this section of code to be in compliance with Virginia law § 15.2-915. Let us know how things go if you take this up.

    Edit: I am sending an email to the Board of Supervisors for York County asking them to amend the code.

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    Looks like it reads NO OC!!!

    It is out there as for "hunting" but I see past that as a way to prevent OC.

    It is too broad and can be used anywhere.

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    Thanks for the reply. I had to read this closely. When Virginia law § 15.2-915refers to "statute" are they referring to Virginia Code?

    So the ending ofthe first sentence ofVirginia law § 15.2-915 ("authorized by statute") would mean authorized by the General Assembly (and not a county Board of Supervisors)?

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    Lou_Sanderson wrote:
    So the ending ofthe first sentence ofVirginia law § 15.2-915 ("authorized by statute") would mean authorized by the General Assembly (and not a county Board of Supervisors)?
    Correct.

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    Email sent. great find Lou. We need to stay on top of this and make sure they take action.

    Board of supervisors
    York County, Virginia
    224 Ballard Street, P. O. Box 532
    Yorktown, Virginia 23690-0532


    Dear York County Board of Supervisors,

    It has been brought to my attention that York County has one invalid ordinance on its books:

    Sec. 17-56. Wildlife protected; hunting.

    (a) Firearms. No person shall use, carry or possess firearms of any description, or air rifles, spring guns, bows and arrows, slings, or any other forms of weapons potentially inimical to wildlife or dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, without a permit from the appropriate governing official. Shooting into public areas from beyond public area boundaries is also forbidden. Authorized law enforcement officials, however, may carry and discharge firearms in the performance of their official duties.

    (b) Hunting. The hunting, killing, wounding, frightening, capturing, trapping, or attempting to kill, wound, frighten or capture at any time of any wildlife is prohibited, except when it is necessary to prevent injury to persons, or if deemed necessary by the appropriate governing official for game management purposes.


    This ordinance has been invalid since July 1, 2004 as Virginia has had full statewide preemption laws in place since then. The preemption code section is 15.2-915 and reads:

    § 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.)

    York County needs to make its ordinance comply with Virginia law. To do this, Sec. 17-56 needs to be updated to reflect Virginia's current state code and should to be modified to remove any references to the possession or carry of "firearms" and the phrase "or any instrument that can be loaded with and fire blank cartridges" should be struck. from the ordinance. (A firearm has the ability to load or fire blank cartridges)

    Your prompt attention to this matter is appreciated. If you could let me know when Board of Supervisors is taking up this matter, I thank you in advance.

    Sincerely,
    XXXXXXXXXXXXXXXX

    Annandale, Virginia



    CC: Philip Van Cleave, VCDL


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    Wait... since when do you go hunting with BLANKS?
    Why open carry? Because 1911 > 911.

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    This is the important part...

    or dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges



    This basically bans guns around people because they are dangerous.

    Why is it important to ban an instrumentthat can fire a blank?? There is no danger there except generating noise. But most all firearms can fire a blank round.

    IMO... This code section was poorly written.


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    LEO 229 wrote:
    Why is it important to ban an instrumentthat can fire a blank?? There is no danger there except generating noise. But most all firearms can fire a blank round.
    Blanks can kill if you're stupid and careless. Example 1 and example 2.
    ---

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    rlh2005 wrote:
    LEO 229 wrote:
    Why is it important to ban an instrumentthat can fire a blank?? There is no danger there except generating noise. But most all firearms can fire a blank round.
    Blanks can kill if you're stupid and careless. Example 1 and example 2.
    This is true...

    Example 1... Can only happen with you place it in very close to the body. It is highly unlikely to be harmed from a distance.

    Example 2...A freak accident. The gun was used to fire a round that lodged in the barrel. The blank then expelled it out.

    Keeping in mind that out of all the blank rounds fired over time... there are only these two incidents listed killing actors. I believe plane crashes have killed far more actors so should planes be banned too?



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    AbNo wrote:
    Wait... since when do you go hunting with BLANKS?
    EXACTLY!!! It is titled "hunting" but the code actually doubles for anything outside of hunting.

    Nobody hunts with blanks!! Unless your PETA and want the thrill of the hunt without actually killing the animal.

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    For that matter, if you're not a hunter, does it apply to you?

    And, wouldn't this fall under pre-emption by (of?) state laws?
    Why open carry? Because 1911 > 911.

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    LEO 229 wrote:
    Nobody hunts with blanks!! Unless your PETA and want the thrill of the hunt without actually killing the animal.
    If you're PETA, you're probably crazy enough to hunt humans and use live ammo...

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    Tomahawk wrote:
    LEO 229 wrote:
    Nobody hunts with blanks!! Unless your PETA and want the thrill of the hunt without actually killing the animal.
    If you're PETA, you're probably crazy enough to hunt humans and use live ammo...
    HAHA!!! True

    Sombody PLEASE think of the animals...

  15. #15
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    That reminds me.... One of the radio stations in Norfolk has a fishing tournament in front of the PETA office every year.

    I should've gone when I lived in VA Beach...
    Why open carry? Because 1911 > 911.

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