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Thread: New AG Opinion on Commonwealth's Attorneys and 18.2-308

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    Regular Member Virginiaplanter's Avatar
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    "Accordingly, it is my opinion that the 2008 Amendments clearly exempt Commonwealth's attorneys and assistant Commonwealth's attorneys from the general prohibitions on carrying concealed handguns, subject only to the restrictions in § 18.2-308(J1). Therefore, pursuant to state law such individuals may carry concealed handguns on school property. Further, it is my opinion that the 2008 Amendments do not specifically prohibit such individuals from consuming alcohol while carrying concealed handguns; however, they are restricted by existing statute from being "under the influence" of alcohol or illegal drugs. I also note that Virginia does not rely upon a legislative record to determine legislative intent. I do not presume that the General Assembly specifically considered the issues analyzed in this opinion when it enacted the 2008 Amendments. However, the General Assembly is presumed to be aware of opinions of the Attorney General and is capable of amending the statute to supersede this opinion."

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    Regular Member TFred's Avatar
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    Very interesting indeed. I had no idea these facts were even in question, the opinion seems to mesh with a plain read of the law to me.

    It does once again point out what a class of "super-citizens" CA and ACAs are. Neato.

    TFred




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    Campaign Veteran skidmark's Avatar
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    When (not "if") the repeal of the restaurant ban is signed into law the list od special classes will become moot - unless we mere peons arerestricted from consuming any alcohol at all while carrying concealed, as opposed to all the special classes who are merely restricted from becoming under the influence of the devil's brew.

    Dare I even suggest that the General Assembly might forget to deal with the issue of Open Carry? Now that would set up a dichotomy that would drive Solomon up the wall.

    stay safe.

    skidmark
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    skidmark wrote:
    Dare I even suggest that the General Assembly might forget to deal with the issue of Open Carry? Now that would set up a dichotomy that would drive Solomon up the wall.
    I bet they will. I was thinking about this earlier...at some point we will probably be able to conceal but not drink, but OC and drink

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    Moderator / Administrator Grapeshot's Avatar
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    GWRedDragon wrote:
    skidmark wrote:
    Dare I even suggest that the General Assembly might forget to deal with the issue of Open Carry? Now that would set up a dichotomy that would drive Solomon up the wall.
    I bet they will. I was thinking about this earlier...at some point we will probably be able to conceal but not drink, but OC and drink
    Ah so, let me ponder the point whether 'tis more noble to see it and so to do than not and be disallowed.....alas to have choice be the better.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Grapeshot wrote:
    SNIP Ah so, let me ponder the point whether 'tis more noble to see it and so to do than not and be disallowed.....alas to have choice be the better.

    Yata hey
    Elizabethan English is hard enough to read when written by an Elizabethan...


    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Moderator / Administrator Grapeshot's Avatar
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    Citizen wrote:
    Grapeshot wrote:
    SNIP Ah so, let me ponder the point whether 'tis more noble to see it and so to do than not and be disallowed.....alas to have choice be the better.

    Yata hey
    Elizabethan English is hard enough to read when written by an Elizabethan...

    Thanks be to you sir. Still 'tis not for me to make less than more of where and how thee might carri.

    Did miss thee when bread was broken last eventide. Spill no drop and sit amongst us when thee will.

    Yata hey

    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Grapeshot wrote:
    Did miss thee when bread was broken last eventide. Spill no drop and sit amongst us when thee will.
    Eventide...

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    Regular Member IanB's Avatar
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    skidmark wrote:
    When (not "if") the repeal of the restaurant ban is signed into law the list od special classes will become moot...{SNIP}
    I will not be happy untilI have the samecarry capabilitiesas a government employee. This includes carry ON/IN school property, not merely in the parking lot. I frequently attend meetings on school property, and it is one of the rare times I am unarmed due to the law as opposed to my choice to go out unarmed (which I sometimes do when making short runs to the store).

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    nakedshoplifter wrote:
    skidmark wrote:
    When (not "if") the repeal of the restaurant ban is signed into law the list od special classes will become moot...{SNIP}
    I will not be happy untilI have the samecarry capabilitiesas a government employee. This includes carry ON/IN school property, not merely in the parking lot. I frequently attend meetings on school property, and it is one of the rare times I am unarmed due to the law as opposed to my choice to go out unarmed (which I sometimes do when making short runs to the store).
    I agree.

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    Regular Member Thundar's Avatar
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    Guvvvvnah Timmy - you did sign a bill to let untrained persons carry concealed in schools and in bars.

    Yes you have made us a two tier state. DOn't lie about it any more Timmy.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

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    Virginiaplanter wrote:
    "Accordingly, it is my opinion that the 2008 Amendments clearly exempt Commonwealth's attorneys and assistant Commonwealth's attorneys from the general prohibitions on carrying concealed handguns, subject only to the restrictions in § 18.2-308(J1). Therefore, pursuant to state law such individuals may carry concealed handguns on school property. Further, it is my opinion that the 2008 Amendments do not specifically prohibit such individuals from consuming alcohol while carrying concealed handguns; however, they are restricted by existing statute from being "under the influence" of alcohol or illegal drugs."

    Oh, how fine! Planter, thank you for posting that. Hadn't heard of this opinion, nor had I realized that the CA/ACA exemption would cover schools, either.

    The part differentiating between "consuming alcohol" and being "under the influence" is welcome official confirmation of my understanding. I'm still fighting the RPD for my illegal arrest in March of last year.

    "Giving money and power to government is like giving whiskey and car keys to teenage boys" -- P.J. O'Rourke

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    Moderator / Administrator Grapeshot's Avatar
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    RoyB wrote:
    I'm still fighting the RPD for my illegal arrest in March of last year.
    WTF - no court date yet?

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Grapeshot wrote:
    WTF - no court date yet?

    Yata hey
    I love that you can transition so easily from Elizabethan English to "WTF"

    You are truly a renaissance man!

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    Regular Member paramedic70002's Avatar
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    I can just hear the trampling footsteps of the ever vigilant media as they surround Guv Timmy and make him eat his words when he said the legislation did not do this. Listening...listening...hmmm...maybe I need a hearing aid?
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

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    Activist Member Wolf_shadow's Avatar
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    paramedic70002 wrote:
    I can just hear the trampling footsteps of the ever vigilant media as they surround Guv Timmy and make him eat his words when he said the legislation did not do this. Listening...listening...hmmm...maybe I need a hearing aid?
    A hearing aid will not help youhear what does not happen!


    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



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    Moderator / Administrator Grapeshot's Avatar
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    Wolf_shadow wrote:
    paramedic70002 wrote:
    I can just hear the trampling footsteps of the ever vigilant media as they surround Guv Timmy and make him eat his words when he said the legislation did not do this. Listening...listening...hmmm...maybe I need a hearing aid?
    A hearing aid will not help youhear what does not happen!

    Surely you felt the ground shake - I know it did for me.

    'Course I recognize that it wasn't true love. :?

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member paramedic70002's Avatar
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    Here's the letter I just fired off to the big papers in Norfolk and Richmond about this. Maybe a few more will instigate some journalistic action.

    Editor,

    Governor Kaine said the newlaw allowing Commonwealth's Attorneys to carry concealed handguns, legislation he supported,would not allow them to drink in "bars" or restaurantswhile armed. Bystate Code, there are no bars in Virginia, only restaurants that serve alcohol.

    Attorney General Mims disagrees with the Governorin a July 13, 2009 Official Opinion: http://www.oag.state.va.us/OPINIONS/2009opns/08-111-Ware.pdf. And they can also carry in public schools!

    Similar legislation forall Virginianswas frowned upon by Mr. Kaine last year. Will thepress confront Mr. Kaine on this law that creates 2 separate and unequal classes of concealed gun carriers?

    When will common citizens and permit holders, who have as much or more firearms training as these government servants, get the same rights?
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

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    ScottyT wrote:
    Grapeshot wrote:
    WTF - no court date yet?

    Yata hey
    I love that you can transition so easily from Elizabethan English to "WTF"

    You are truly a renaissance man!

    Be careful, ScottyT, for you know,

    All that glisters is not gold. -- The Merchant of Venice, Wm Shakespeare



    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Grapeshot wrote:
    Citizen wrote:
    Grapeshot wrote:
    SNIP Ah so, let me ponder the point whether 'tis more noble to see it and so to do than not and be disallowed.....alas to have choice be the better.

    Yata hey
    Elizabethan English is hard enough to read when written by an Elizabethan...

    SNIP Thanks be to you sir. Still 'tis not for me to make less than more of where and how thee might carri.

    Did miss thee when bread was broken last eventide. Spill no drop and sit amongst us when thee will.
    He has "been at a great feast of languages, and stol'n the scraps." Love's Labor's Lost, Wm Shakespeare.



    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  21. #21
    Moderator / Administrator Grapeshot's Avatar
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    Citizen wrote:
    Grapeshot wrote:
    Citizen wrote:
    Grapeshot wrote:
    SNIP Ah so, let me ponder the point whether 'tis more noble to see it and so to do than not and be disallowed.....alas to have choice be the better.

    Yata hey
    Elizabethan English is hard enough to read when written by an Elizabethan...

    SNIP Thanks be to you sir. Still 'tis not for me to make less than more of where and how thee might carri.

    Did miss thee when bread was broken last eventide. Spill no drop and sit amongst us when thee will.
    He has "been at a great feast of languages, and stol'n the scraps." Love's Labor's Lost, Wm Shakespeare.

    Alas, when one has little original to say themselves, they may quote the Bard for it does have a familiar and pleasant ring.

    Beware the Ides of August.

    Yata hey

    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Grapeshot wrote:
    SNIP Alas, when one has little original to say themselves, they may quote the Bard for it does have a familiar and pleasant ring.
    The talent lies in knowing which line to quote.

    Of course, it helps if you have actually read Shakespeare in the first place.

    Maybe that's why certain persons have to hold tight to originality?

    :P


    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  23. #23
    Moderator / Administrator Grapeshot's Avatar
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    Citizen wrote:
    Grapeshot wrote:
    SNIP Alas, when one has little original to say themselves, they may quote the Bard for it does have a familiar and pleasant ring.
    The talent lies in knowing which line to quote.

    Of course, it helps if you have actually read Shakespeare in the first place.

    Maybe that's why certain persons have to hold tight to originality?

    :P
    I too own a Bartlett's. Still whether 'tis nobler in the minds of men to suffer the slings and arrows of outrageous slanders or to simply hold that which is dear close to the savage breast, sweet prince. No word is an island unto itself. No word stands alone, seperate from the main.

    To the victor go the spoils and indeed the are many talents to be spent. Your check willl do fine.

    Yata hey

    PS - Will always wonder who or how many wrote under the pseudonym Shakespeare.


    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  24. #24
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    Grapeshot wrote:
    SNIP I too own a Bartlett's.
    Jeez. That's the hard way. Just look them up on-line.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  25. #25
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    Grapeshot wrote:
    SNIP PS - Will always wonder who or how many wrote under the pseudonym Shakespeare.
    Lets not go there.

    Well, maybe just for a moment. I'm a Baconian, myself.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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