Thundar
Regular Member
imported post
The pre-emption law (15.2 915) now (or as of July 1) has teeth.
This is your opportunity to get rid of old town, city or county laws which violate pre-emption.
Here is how you can do it in three easy steps
1) See if your town, city or county has and questionable laws with a quick search of Muni-code online
Link:
http://www.municode.com/RESOURCES/OnlineLibrary.asp
Click on Virginia and a list of towns, cities and counties will appear. If your town is not on Muni-Code (Richmond comes to mind) find the code using a simple google search.
2) Write a letter or e-mail to your elected officials if the local lawtries to do anything except reenact (copy) state firearms laws or regulate discharge of firearms. Make sure you mention the possibility of a lawsuit and new para C which allows you to collect attorney fes and court costs if you win in court.
3) Follow up with a telephone call to the town, city or county attorney to ensure that they know you are serious.
This is what I did in Chesapeake:
Municode Link:
http://www.municode.com/RESOURCES/gateway.asp?pid=10529&sid=46
Here is the pre-emption violation:
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)
Here is my e-mail to the city council:
Good Afternoon,
1) The City of Chesapeake has an ordnance, section 46-44 which has been pre-empted by the General Assembly under section 15.2 915 for many years.
2) The Asst. City Attorney has been aware of this defect for more than one year.
3) There is real danger to my children that they will be subject to arrest under this city ordnance, even though it is preempted by state code.
4) I intend to bring suit in against the City of Chesapeake in Circuit Court on 02 July 2009 if the pre-empted statute is not struck before that date by the City Council.
5) Please be aware that on 01 July 2009 section 15.2 915 will include new sub para C which allows courts to award reasonable attorneys fees, expenses and court costs to any person that prevails in an actionchallenging local laws that are inconflict with section 15.2 915.
6) I hope that with a financial incentive to do so, the City of Chesapeake will finally do the right thing and amend the city code to strike section 46-44 and be in conformity with state firearms law.
Thank you for your time.
The pre-emption law (15.2 915) now (or as of July 1) has teeth.
This is your opportunity to get rid of old town, city or county laws which violate pre-emption.
Here is how you can do it in three easy steps
1) See if your town, city or county has and questionable laws with a quick search of Muni-code online
Link:
http://www.municode.com/RESOURCES/OnlineLibrary.asp
Click on Virginia and a list of towns, cities and counties will appear. If your town is not on Muni-Code (Richmond comes to mind) find the code using a simple google search.
2) Write a letter or e-mail to your elected officials if the local lawtries to do anything except reenact (copy) state firearms laws or regulate discharge of firearms. Make sure you mention the possibility of a lawsuit and new para C which allows you to collect attorney fes and court costs if you win in court.
3) Follow up with a telephone call to the town, city or county attorney to ensure that they know you are serious.
This is what I did in Chesapeake:
Municode Link:
http://www.municode.com/RESOURCES/gateway.asp?pid=10529&sid=46
Here is the pre-emption violation:
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)
Here is my e-mail to the city council:
Good Afternoon,
1) The City of Chesapeake has an ordnance, section 46-44 which has been pre-empted by the General Assembly under section 15.2 915 for many years.
2) The Asst. City Attorney has been aware of this defect for more than one year.
3) There is real danger to my children that they will be subject to arrest under this city ordnance, even though it is preempted by state code.
4) I intend to bring suit in against the City of Chesapeake in Circuit Court on 02 July 2009 if the pre-empted statute is not struck before that date by the City Council.
5) Please be aware that on 01 July 2009 section 15.2 915 will include new sub para C which allows courts to award reasonable attorneys fees, expenses and court costs to any person that prevails in an actionchallenging local laws that are inconflict with section 15.2 915.
6) I hope that with a financial incentive to do so, the City of Chesapeake will finally do the right thing and amend the city code to strike section 46-44 and be in conformity with state firearms law.
Thank you for your time.