Virginiaplanter
Regular Member
imported post
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[/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]
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[/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]