Thundar
Regular Member
imported post
Chesapeake, VA. has a law which requires a Chief of Police issued permit for those under 18 to use or carry firearms. I am concerned because my son is put in jeopardy by what I percieve as a preempted local law. The police dept is not helpful or responsive to my request for a permit or a permit application
The code:
Sec. 46-44. Same--Persons under 18 years of age.
(a)It shall be unlawful for any person under the age of 18 years to shoot, carry or use any firearms within the city unless a permit is first obtained from the chief of police, except when on a properly established target shooting range which is being supervised by a representative of the armed services of the United States or the state or an instructor certified by the National Rifle Association.
(b)Application for such permit shall be made in person to the chief of police of the city and the applicant shall be accompanied by his or her parent or guardian who shall give his or her approval to the issuance of the permit.
(c)A minor under 18 years of age shall be accompanied by an adult while hunting, except on property owned by his or her family.
(Ord. of 11-12-63; Code 1970, § 17-61)
I think that this law is covered by Virginia's preemption law, making it invalid. Virginia Preemption Law:
§ 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.)
I have written the Chief of Police for a permit application and have been ignored. I have visited the Chesapeake Police Headquarters to be told that the Chief of Police is not avalable forMinor Handun Permits, and that there is nobody else that can help me.
Just to be clear I don't think there are any state or federal law issues for my son, only this local one. My son is over 14 (15 and 1/2) and has a permission slip as reuired by fedreal law.
My next two planned actions are a FOIA request to the Chief of Police for a minor permit application and a request to the City Attorney asking whether the city considers the local law valid or invalid. (Ifthe city attorney feels the law isinvalid, I will ask the city attorney to recommend that the city council to remove the law from the city code.)
Am I reading the local and Commonwealth laws correctly, or did I miss something?
Chesapeake, VA. has a law which requires a Chief of Police issued permit for those under 18 to use or carry firearms. I am concerned because my son is put in jeopardy by what I percieve as a preempted local law. The police dept is not helpful or responsive to my request for a permit or a permit application
The code:
Sec. 46-44. Same--Persons under 18 years of age.
(a)It shall be unlawful for any person under the age of 18 years to shoot, carry or use any firearms within the city unless a permit is first obtained from the chief of police, except when on a properly established target shooting range which is being supervised by a representative of the armed services of the United States or the state or an instructor certified by the National Rifle Association.
(b)Application for such permit shall be made in person to the chief of police of the city and the applicant shall be accompanied by his or her parent or guardian who shall give his or her approval to the issuance of the permit.
(c)A minor under 18 years of age shall be accompanied by an adult while hunting, except on property owned by his or her family.
(Ord. of 11-12-63; Code 1970, § 17-61)
I think that this law is covered by Virginia's preemption law, making it invalid. Virginia Preemption Law:
§ 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.)
I have written the Chief of Police for a permit application and have been ignored. I have visited the Chesapeake Police Headquarters to be told that the Chief of Police is not avalable forMinor Handun Permits, and that there is nobody else that can help me.
Just to be clear I don't think there are any state or federal law issues for my son, only this local one. My son is over 14 (15 and 1/2) and has a permission slip as reuired by fedreal law.
My next two planned actions are a FOIA request to the Chief of Police for a minor permit application and a request to the City Attorney asking whether the city considers the local law valid or invalid. (Ifthe city attorney feels the law isinvalid, I will ask the city attorney to recommend that the city council to remove the law from the city code.)
Am I reading the local and Commonwealth laws correctly, or did I miss something?