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Thread: How do you get preempted laws removed?

  1. #1
    Founder's Club Member
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    I was looking at the code for the town of Louisa....I was board and discovered the following preempted law still on the books.

    § 113-33. Carrying concealed weapons.
    A. If any person carries about his person, hid from common observation, any pistol or any other firearm or weapon designed or intended to propel a missile of any kind, a dirk, bowie knife, switchblade knife, razor, slingshot, metal knucks or any weapon of like kind or nun chahka or any other similar flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which instrument may also be known as a "nunchuck" or "nunchaku" or a shuriken, fighting chain or any weapon of like kind, he shall be guilty of a misdemeanor punishable as provided in § 1-12, General penalty, and such weapon shall be forfeited to the Town as may be seized by an officer as forfeited, and such as may be needed for police officers, conservators of the peace and the division of consolidated laboratory services shall be devoted to that purpose, and the remainder shall be destroyed by the officer having them in charge.
    B. This section shall not apply to any police officers, sergeants, sheriffs, officers or guards of the penitentiary or other institutions or camps of the state corrections system, to conservators of the peace other than notaries public, to carriers of United States mail in the rural districts while in the discharge of their official duties or to any person while in his own place of abode.
    C. Any circuit court, upon a written application and satisfactory proof of the good character and necessity of the applicant to carry concealed weapons, may grant permission so to do for one year. The order granting such permission shall be entered in the law order book of such court.

    Who do I report this to get it removed? I know people on here have done it in the past in other areas of the state. Additionally, due to my work hours it is impossible or me to make it to a town meeting to bring it up. I know that some here would argue that the work excuse is a cop-out but I need to keep the roof over the family since I am the only bread winner. I have no problem sending letters or making calls to try to correct it is just that I don’t know where to start.... I am a VCDL member and don't know who in VCDL would this go to or if it should.




  2. #2
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    You ask your county supervisor or city councilman to introduce a resolution to repeal the offending ordinance.

  3. #3
    Founder's Club Member - Moderator longwatch's Avatar
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    You could try a letter to the city manager pointing out that their code is outdated and needs to be brought into line with state law. As this is the usual first step of VCDL, you can help the process along.

  4. #4
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    Will do..., what was the law section of State preemption so I can include it?

  5. #5
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    Toad wrote:
    Will do..., what was the law section of State preemption so I can include it?
    § 15.2-915 (emphasis added):
    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.

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