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Portsmouth Gun Ban - eMail the City Council

Thundar

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Portsmouth, VA currently has a gun ban for City lakes. Shame on them. I have provided a link so that you may express your displeasure with the Portsmouth City Council.

The Gun Ban:

Sec. 38-366. Regulations applicable to city owned land adjoining city lakes and shores.

(e)No person shall carry or possess any firearms, or BB or pellet gun or paint-ball gun on a city lake unless expressly authorized by the director of public utilities in writing, unless such person is a state, local or federal law enforcement officer or game warden acting in the performance of their official duties.

Link: http://library1.municode.com/default-now/home.htm?infobase=13866&doc_action=whatsnew



The law is also part of their Fishing Regulationsbrochure. Here is the regulation:

The use or possession of alcoholic beverages and/or
firearms on the lakes or watershed areas is prohibited.

Link: http://www.portsmouthva.gov/forms/fishpermit.pdf



Here is what I sent to the City Council:

Illegal Prohibition of Firearms on City Lakes

The City of Portsmouth currently has an ordnance Section 38.366 (e) which prohibits the possession of firearms on city lakes. The City of Portsmouth does not have the authority to enact or maintain such an ordinance. Please remove this ordinance that is offensive to Law Abiding Gun owners at your next City Council Meeting.

Click on the contactlink to send a message to Portsmouth

Contact Link: http://www.portsmouthva.gov/contact.php
 

usaf0906

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I cant find a cite off the top of my google search, but maybe include the state preemption cite for proof as to why its illegal.



** HERE WE GO**

15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

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. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.
 

usaf0906

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Here is what I sent to the City Council:

The City of Portsmouth currently has an ordnance Section 38.366 (e) which prohibits the possession of firearms on city lakes. The City of Portsmouth does not have the authority to enact or maintain such an ordinance due to state preemption law (15.2-915. Control of firearms; applicability to authorities and local governmental agencies.) Please remove this illegal firearm law in your next City Council meeting.
 

Thundar

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We ought to form a new group dedicated to the erradication of illegal gun laws in Virginia.

Citizens Against Illegal Gun Bans (CAIGB)

or Maybe..

Citizens Against Infringement in Virginia(CAIV) pronounced cave
 

AEubanks

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Thundar wrote:
We ought to form a new group dedicated to the erradication of illegal gun laws in Virginia.

Citizens Against Illegal Gun Bans (CAIGB)

or Maybe..

Citizens Against Infringement in Virginia (CAIV) pronounced cave

Yeah.... It is so nice to see some sort of pro gun activism.... I got so used to CA and seeing more of the opposite....
 

wylde007

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How about this:
It has come to my attention that the political subdivision of Portsmouth VA has in its code of ordinances a section which violates the Virginia State Code Section 15.2-915, where local municipalities are forbidden from restricting lawful firearms carry. The offending city code section, 38-366 illegally restricts citizens from carrying firearms on city property, in direct violation of state code.

This violation also appears to have been duplicated in the 2009 City Fishing Regulations.

Please be advised that it is in Portsmouth's best interest to remove the offending section from the code before someone is cited for a non-enforceable ordinance violation. As of this year, citizens have the option to seek civil damages for infringements of their protected rights and municipal entities can be held liable for such damages.
 

Wolf_shadow

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Just sent to City Council

It has come to my attention that the City of Portsmouth currently has an ordnance Section 38.366 (e) which prohibits the possession of firearms on city lakes. The City of Portsmouth does not have the authority to enact or maintain such an ordinance due to state preemption law (15.2-915. Control of firearms; applicability to authorities and local governmental agencies.) Please remove this illegal firearm law in your next City Council meeting.

Should this need to go to court the City of Portsmouth will surely loose and under Virginia law may very well be liable for paying the costs of the plaintiffs too!
 

Thundar

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This makes me happy. VCDL is going to the Portsmouth City Council Next week to chastize the Mayor for being a member of MAIG.

Now, we can take him to the woodshed for having an illegal gun ban as well. :celebrate
 

wylde007

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Thundar wrote:
Now, we can take him to the woodshed for having an illegal gun ban as well.
As much fun as that sounds like, it cannot be immediately considered that this ordinance did not predate the state code revision and may have been overlooked as a clerical error or, due to its being buried in an obscure section of the code (who would think to look in the Public Works/Waterways section) it may have been overlooked.

Prudence dictates that we bring it to the city's attention. Decorum dictates that we afford them the opportunity to make it right without accusing them of deliberately infringing our rights.

I tried to make my message as neutral-sounding as possible while still implying urgency for them to correct the mistake.
 

TFred

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wylde007 wrote:
Thundar wrote:
Now, we can take him to the woodshed for having an illegal gun ban as well.
As much fun as that sounds like, it cannot be immediately considered that this ordinance did not predate the state code revision and may have been overlooked as a clerical error or, due to its being buried in an obscure section of the code (who would think to look in the Public Works/Waterways section) it may have been overlooked.

Prudence dictates that we bring it to the city's attention. Decorum dictates that we afford them the opportunity to make it right without accusing them of deliberately infringing our rights.

I tried to make my message as neutral-sounding as possible while still implying urgency for them to correct the mistake.
I agree, I don't think it is wise to assume this is an intentional violation of the law. They are obviously well informed now, so give them a chance to fix it. Further communication from multiple people just makes their job harder, and does not win any friends for the cause, and probably quite the opposite...

I don't know about Portsmouth, but my city has to read new ordinances twice (in subsequent council meetings) before they can take effect. This isn't something you can just change at a moment's notice.

JMHO...

TFred
 

usaf0906

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I got a reply from my email to the City council:

Mr. XXX,



Please provide your mailing address in order for your note to be forwarded to the City Council.



Thank you,

Debra White

City Clerk

I dont live in Portsmouth, but I dont know if that would even matter, any thoughts?
 

Wolf_shadow

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cbackous wrote:
I got a reply from my email to the City council:

Mr. XXX,



Please provide your mailing address in order for your note to be forwarded to the City Council.



Thank you,

Debra White

City Clerk

I dont live in Portsmouth, but I dont know if that would even matter, any thoughts?

I got the same email. Looks like they may be trying to weed out the emails not from constituents. My reply to her is:

Ms. White

I really don't see what difference my mailing address makes, unless you think that only Portsmouth residents should point out discrepancies to City Council. But my address is PO Box XXX, Accomac, VA 23301. My phone number is 757-XXX-XXXX.

John Xxxxxx
Town Councilman
Accomac, VA
:cuss:
 

zoom6zoom

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VCDL is going to the Portsmouth City Council Next week to chastize the Mayor for being a member of MAIG.

Might be a good time to point out to them how close Bloomy came to losing his re-election bid yesterday, despite spending gobs of his own money. Perhaps his constituents want him to spend more time worrying about real, local problems.
 

usaf0906

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Wolf_shadow wrote:
cbackous wrote:
I got a reply from my email to the City council:

Mr. XXX,



Please provide your mailing address in order for your note to be forwarded to the City Council.



Thank you,

Debra White

City Clerk

I dont live in Portsmouth, but I dont know if that would even matter, any thoughts?

I got the same email. Looks like they may be trying to weed out the emails not from constituents. My reply to her is:

Ms. White

I really don't see what difference my mailing address makes, unless you think that only Portsmouth residents should point out discrepancies to City Council. But my address is PO Box XXX, Accomac, VA 23301. My phone number is 757-XXX-XXXX.

John Xxxxxx
Town Councilman
Accomac, VA
:cuss:
I gave a similar statement and my address here in Hampton.. we will see what happens.
 

DocKen

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Agreed, Might be good to mention this and give them a chance to make the correction. I'm planning on trying to attend the Portsmouth meeting as well.

Don't forget there has been a group of anti's at the last two.... might be interesting to see their take when this fact is brought up as well.
 

fully_armed_biker

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Portsmouth, Virginia, USA
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I just emailed them:

As a resident of Portsmouth I was disappointed to find out that the City of Portsmouth has an illegal prohibition of firearms on city lakes, on the books:

Sec. 38-366. Regulations applicable to city owned land adjoining city lakes and shores.

(e) No person shall carry or possess any firearms, or BB or pellet gun or paint-ball gun on a city lake unless expressly authorized by the director of public utilities in writing, unless such person is a state, local or federal law enforcement officer or game warden acting in the performance of their official duties.

State law dictates:
15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

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. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

The city of Portsmouth has no authority to enact or enforce such a law. I know you have been getting emails from Virginia residents from all over the state. I want to assure you that dismissing their concerns because they are not residents of Portsmouth would be a grave mistake. I am a resident of Portsmouth and City Council has now been put on notice by a resident of Portsmouth. I will be at the next City Council meeting, Tuesday November 10th to address this very subject have this illegal ban removed from the books.

Thank you,
Dennis XXXXX
 

DocKen

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If you write, and you're not a resident, it may be good to point out if you frequent parks/businesses within Portsmouth.

Don't have to be a resident to find yourself on the wrong side of the law if you are there. In fact, it may be more likely since anybody from outside Portsmouth is less likely to know about this, and more likely to assume the none of these inconsistencies exist since there is a state law that covers it.
 

fully_armed_biker

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DocKen wrote:
If you write, and you're not a resident, it may be good to point out if you frequent parks/businesses within Portsmouth.

Don't have to be a resident to find yourself on the wrong side of the law if you are there. In fact, it may be more likely since anybody from outside Portsmouth is less likely to know about this, and more likely to assume the none of these inconsistencies exist since there is a state law that covers it.
Agreed...however, I think they'll be less apt to drag their feet on it knowing a resident is aware and watching them.
 

IanB

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Maybe y'all should politely remind them that regardless of WHERE you liveYOU have the ability to sue them to remove the illegal ban, and you MAY be awarded reasonable attorneys fees.
 
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