Another win for Gun Owners in City of Alexandria

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Ed, You ROCK, Brother!

Semper Paratus!
mike

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Alexandria Code 13-2-1 still has language MANDATING forfeiture of firearms.

"and such weapon shall, by order of the court, be forfeited TO THE CITY (emphasis added) and may be seized by an officer as forfeited, and any forfeited weapons that may be needed for police officers and conservators of the peace shall be devoted to that purpose, and the remainder shall be destroyed by the officer having them in charge."

See http://library1.municode.com/default-test/DocView/10349/1/125/127#0-0-0-4934

How is this forfeiture provision not a violation of the "pre-emption statute?"

State law only allows forfeiture of firearms to THE COMMONWEALTH.

How does the CITY get to receive forfeited firearms?

Shouldn't the City forfeiture statute be amended too?

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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.

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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)

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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.

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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

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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!

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Thank you, Ed. Your actions are inspiring.

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nakedshoplifter wrote:

I wonder how the Mayor, a member of Bloomberg's "Mayors Against Illegal Guns" coalition feels about this?

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Thanks.. in my notes/documents.. I think he is the one that submitted for the changes.. I would have to go back and look.

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For some reason the .mp4 direct download from the Alexandria site will not work in my video encoding program, so no you tube. To view the video from the site directly go to

http://alexandria.granicus.com/ViewPublisher.php?view_id=2

And watch Sept 8 & 12. You can use the drop down box to immediatly forward the video to the firearms section, just look for it.

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nakedshoplifter wrote:

For some reason the .mp4 direct download from the Alexandria site will not work in my video encoding program, so no you tube. To view the video from the site directly go to

http://alexandria.granicus.com/ViewPublisher.php?view_id=2

And watch Sept 8 & 12. You can use the drop down box to immediatly forward the video to the firearms section, just look for it.

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Thanks for posting it.. It made me laugh.. Especially when they asked why they were changing it and they said it was because some citizens (of Alexandria) told them about it. And Frank Fannon asked if suit had been brought and they said no.. But they coulda said.. "but we know one is coming!" cuz I have the emails to prove it.. hahahah.. Anyway.. I like the way it ended. This was better than prime time TV.

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Thanks for looking out for all of us, Ed. A job well done.

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A true Gun Rights Advocate.......You Da Man, Ed!!:celebrate

The 2nd Amendment... brought to you by Beretta and the number 1787!!:X