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

Virginiaplanter

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[align=center]
[/align] [align=left]Op. Va. Att'y Gen. 08-111 (July 2009)[/align] [align=left]"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." [/align]
 

TFred

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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
 

skidmark

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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
 

GWRedDragon

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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 :lol:
 

Grapeshot

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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 :lol:
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
 

Citizen

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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...

:)
 

Grapeshot

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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
 

IanB

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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).
 

nova

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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.
 

Thundar

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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.
 

FreeRoy

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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.
 

paramedic70002

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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?
 

Wolf_shadow

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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!

:banghead:
 

Grapeshot

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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!

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

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

Yata hey
 

paramedic70002

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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?
 

Citizen

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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, W[suP]m[/suP] Shakespeare

:D
 

Citizen

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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, W[suP]m[/suP] Shakespeare.

:D
 
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