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Thread: Another win for Gun Owners in City of Alexandria

  1. #1
    Founder's Club Member - Moderator ed's Avatar
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    As you may (or may not) recall.. we were talking about the carry of firearms in parks in the city of Alexandra (all having kicked up about the aterfront festival). So I thought maybe I WOULD rent the park and see what rules the city binds to me. Long story short of it.. and going back and forth with the city attorney I decided to file suit.

    Just heard back from my attorney today that before we even got to fight about it all.. gun ownerswon!

    :celebrate

    (from my attorney's e-mail to me today):

    Alexandria amended the two ordinances in question. September 12, They removed the “no person shall traverse with loaded firearm within 100 yards of park” language from 6-1-1.1, and struck 13-2-4 altogether. I confirmed the amendments online today (see the two other attachments proposing the revisions, and see the link below for confirmation that they were adopted). I will send the city attorney a dismissal order ASAP.

    http://dockets.alexandriava.gov/dsr/fy10dock.nsf/536ee1fcf306fd108525704b0064fc94/ff2e25c01d1c5caa85257627006db76d?OpenDocument
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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  2. #2
    Founder's Club Member - Moderator ed's Avatar
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    ed wrote:
    As you may (or may not) recall.. we were talking about the carry of firearms in parks in the city of Alexandra (all having kicked up about the aterfront festival). So I thought maybe I WOULD rent the park and see what rules the city binds to me. Long story short of it.. and going back and forth with the city attorney I decided to file suit. (My guess would be my three FOIA requests regarding e-mails I exchanged with ther city attorney, town council, ordinances and parks is what clued them into as to what was ahead)

    Just heard back from my attorney today that before we even got to fight about it all.. gun ownerswon!

    :celebrate

    (from my attorney's e-mail to me today):

    Alexandria amended the two ordinances in question. September 12, They removed the “no person shall traverse with loaded firearm within 100 yards of park” language from 6-1-1.1, and struck 13-2-4 altogether. I confirmed the amendments online today (see the two other attachments proposing the revisions, and see the link below for confirmation that they were adopted). I will send the city attorney a dismissal order ASAP.

    http://dockets.alexandriava.gov/dsr/fy10dock.nsf/536ee1fcf306fd108525704b0064fc94/ff2e25c01d1c5caa85257627006db76d?OpenDocument
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  3. #3
    Moderator / Administrator Grapeshot's Avatar
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    ed wrote:
    As you may (or may not) recall.. we were talking about the carry of firearms in parks in the city of Alexandra (all having kicked up about the aterfront festival). So I thought maybe I WOULD rent the park and see what rules the city binds to me. Long story short of it.. and going back and forth with the city attorney I decided to file suit.

    Just heard back from my attorney today that before we even got to fight about it all.. gun ownerswon!

    :celebrate

    (from my attorney's e-mail to me today):

    Alexandria amended the two ordinances in question. September 12, They removed the “no person shall traverse with loaded firearm within 100 yards of park” language from 6-1-1.1, and struck 13-2-4 altogether. I confirmed the amendments online today (see the two other attachments proposing the revisions, and see the link below for confirmation that they were adopted). I will send the city attorney a dismissal order ASAP.

    http://dockets.alexandriava.gov/dsr/fy10dock.nsf/536ee1fcf306fd108525704b0064fc94/ff2e25c01d1c5caa85257627006db76d?OpenDocument
    Good show.

    Guess they did not want to pay for your attorney?

    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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    Accomplished Advocate peter nap's Avatar
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    Very Good Ed!

    That's about a proactive a you can get.

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    Regular Member TFred's Avatar
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    Here's the link to the .pdf file of the memo from the city attorney to the city council. The memo specifically mentions that they might be liable for the costs of this "no-win-possible" lawsuit.

    We should send a big "THANK YOU" to Delegate Carrico for sponsoring the bill that amended 15.2-915. Is anyone keeping track of how many illegal laws and rules have been updated since July? These new "teeth" are obviously working, these localities have had several years to comply but have not bothered until now.

    TFred


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    Good job, Ed.

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    Campaign Veteran skidmark's Avatar
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    Another "Thank You" to Ed.

    For our edification and edumufication, would you please share with us the steps taken to get the suit into the court system, and any info you might have on how someone could do this pro se (on theie own, without an attorney).

    I know having an attorney handle legal paperwork is usually the best way to go about things, but some of us who might be inclined to follow in your footsteps in our own briarpatches might not have the discretionary funds available to hire an attorney.

    Not everything should be brought to VCDL, or NRA, or GOA, or 2AF or ACLU to ask them to take it on for us. There are some things that we can do on our own. Just ask Ed.:celebrate

    stay safe.

    skidmark
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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    Founder's Club Member - Moderator ed's Avatar
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    skidmark wrote:
    Another "Thank You" to Ed.

    For our edification and edumufication, would you please share with us the steps taken to get the suit into the court system, and any info you might have on how someone could do this pro se (on theie own, without an attorney).

    I know having an attorney handle legal paperwork is usually the best way to go about things, but some of us who might be inclined to follow in your footsteps in our own briarpatches might not have the discretionary funds available to hire an attorney.

    Not everything should be brought to VCDL, or NRA, or GOA, or 2AF or ACLU to ask them to take it on for us. There are some things that we can do on our own. Just ask Ed.:celebrate

    stay safe.

    skidmark
    On my own? Ha! I did not like what happend to me.. so I told the VCDL my plan (just in case they were already working some angle, etc... they said they were not and they supported me..) I have a small group of attorneys I work with for different things.. I presented to a couple of them.. one of them suggested another, and he and I spoke and I then retained him. I sent 3-4 FOIA requests that got more and more"pointed" towards the errors of the city and I think they got a clue that a suit was coming BEFORE we had to actually fight about it.. (which is ok with me and my attorney). So gun owners in Alexandria and the rest of Virginia won.

    Ed

    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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    Lone Star Veteran DrMark's Avatar
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    Great stuff!!







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    Glock27Bill wrote:
    Good job, Ed.
    ^^^^

  11. #11
    Regular Member Bulldog1967's Avatar
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    You rock Ed!:celebrate

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    I live a few miles south of Old Town, and I can hear the howls of anguish from here!

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    Awesome stuff, Ed!

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    Regular Member Virginiaplanter's Avatar
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    Thanks Ed!

  15. #15
    Founder's Club Member - Moderator ed's Avatar
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    maybe someone that lives in the city of Alex should set up a fall picnic in the park ;-)
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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    ed wrote:
    ...I sent 3-4 FOIA requests that got more and more"pointed" towards the errors of the city and I think they got a clue that a suit was coming BEFORE we had to actually fight about it ...
    Very nicely done.

    You left them an "out" to do the right thing "on their own"rather thangetting into a fight ...

    ... where usually far more effort is spent"not loosing"than would be spent just making the correction.

    Everybody's a winner on this one.

    Many thanks!


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    Mt Vernon .40 wrote:
    SNIP ... where usually far more effort is spent"not loosing"than would be spent just making the correction.

    Everybody's a winner on this one.
    Except the archers who didn't get to loose.

    :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.

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    You CAN fight city hall! Congratulations and thanks for your efforts!

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    Founder's Club Member - Moderator ed's Avatar
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    Here is the letter...


    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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  20. #20
    Regular Member Neplusultra's Avatar
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    You Da Man Ed :^)! Congrats on a job well done.

  21. #21
    Regular Member MSC 45ACP's Avatar
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    Ed, You ROCK, Brother!

    Semper Paratus!
    mike

    "If I know that I am headed for a fight, I want something larger with more power, preferably crew-served.
    However, like most of us, as I go through my daily life, I carry something a bit more compact, with a lot less power."
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    This is a huge victory! I've been lurking on this site and am finally compelled to respond with much deserved appreciation. Great work, Ed! I'm finally joining the ranksof you that already open-carry.

  23. #23
    Regular Member TFred's Avatar
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    That earlier link didn't work for me, this one may or may not...

    Link to Weapons section of Alexandria city code

    I'm wondering if there might be a few more in there that are invalid... what about 13-2-22?

    Sec. 13-2-22 Condition of pistol or revolver when delivered to purchaser.

    Every pistol or revolver sold or otherwise disposed of by a pistol or revolver dealer shall be securely wrapped and unloaded when delivered. (Code 1963, Sec. 41-7)
    I don't know what "Code 1963, Sec. 41.7" refers to. There does not appear to be such a section number in the Virginia Code.

    § 15.2-915 says:

    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.
    Any of those bolded words could cover what the city ordinance is trying to regulate. Now I'm not sure that one would be worth trying to fight, unless you are just worked up on the principle of the matter.

    TFred


  24. #24
    Regular Member IanB's Avatar
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    I will have video of this on Youtube as soon as possible. The council meeting and comments were professional and textbook. I wonder how the Mayor, a member of Bloomberg's "Mayors Against Illegal Guns" coalition feels about this?

    Ed, my hat is off and I salute you!

  25. #25
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    Thank you, Ed. Your actions are inspiring.

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