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state of emergency pertaining to concealed or open carry?

beachpatriot13

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can anyone recall any laws as to state of emergency and concealed or open carry. did a google search and nothing turned up. recall hearing somthing about it in the past
 

mobeewan

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Don't know what the specific code is for VA, but the governor, nor anyone, nor anyagency under his command (National guard, State Police, etc) cannot suspend our rights toCC or OC orforce us to hand over our arms during an emergencyas long as we comply with state law.
 

beachpatriot13

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i argree can you sight a code on that. i recall this topic from some point in my life. however maybe the sale of firearms are prohibited not sure and cannot find code im looking for
 

Virginiaplanter

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§ 44-146.15. Construction of chapter.
Nothing in this chapter is to be construed to:
3) Empower the Governor, any political subdivision, or any other governmental authority to in any way limit the rights of the people to keep and bear arms as guaranteed by Article I, Section 13 of the Constitution of Virginia or the Second Amendment of the Constitution of the United States, including the lawful possession, sale, or transfer of firearms except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth or any other governmental entity as an emergency shelter or for the purpose of sheltering persons;
 

Wolf_shadow

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Virginiaplanter wrote:
§ 44-146.15. Construction of chapter.
Nothing in this chapter is to be construed to:
3) Empower the Governor, any political subdivision, or any other governmental authority to in any way limit the rights of the people to keep and bear arms as guaranteed by Article I, Section 13 of the Constitution of Virginia or the Second Amendment of the Constitution of the United States, including the lawful possession, sale, or transfer of firearms except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth or any other governmental entity as an emergency shelter or for the purpose of sheltering persons;
I purpose that the section § 44-146.15.be amended by adding a period after firearms and striking;
except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth or any other governmental entity as an emergency shelter or for the purpose of sheltering persons;
How does a criminal safe gun free zone (CSGFZ) create public safety? See Fort Hood as an example of CSGFZ. OMHO :banghead:
 

markand

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Unfortunately, the language, "...except to the extent necessary to ensure public safety..." pretty much renders the whole thing moot. Could some government official declare the County of Fairfax, or any other locality, to be a shelter for the duration of an emergency?

If a category 5 hurricane rolls through the region causing massive flooding along the Potomac and thousands of displaced people are "sheltering" in Fairfax County and county officials want to realize their wet dream of a gun free county, well, who's to stop them?

Plausible? Maybe, maybe not. I think the statute contains too many weasel words and loopholes (ironic though that might be), despite getting off to a good start.
 

TFred

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markand wrote:
Unfortunately, the language, "...except to the extent necessary to ensure public safety..." pretty much renders the whole thing moot. Could some government official declare the County of Fairfax, or any other locality, to be a shelter for the duration of an emergency?

If a category 5 hurricane rolls through the region causing massive flooding along the Potomac and thousands of displaced people are "sheltering" in Fairfax County and county officials want to realize their wet dream of a gun free county, well, who's to stop them?

Plausible? Maybe, maybe not. I think the statute contains too many weasel words and loopholes (ironic though that might be), despite getting off to a good start.
I would suspect that if this scenario took place, the government would do it, and the people would suffer the consequences, including increased risk of crime, but it would later be declared by the courts to have been illegal - but after the damage had been done.

TFred
 

SouthernBoy

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TFred wrote:
markand wrote:
Unfortunately, the language, "...except to the extent necessary to ensure public safety..." pretty much renders the whole thing moot. Could some government official declare the County of Fairfax, or any other locality, to be a shelter for the duration of an emergency?

If a category 5 hurricane rolls through the region causing massive flooding along the Potomac and thousands of displaced people are "sheltering" in Fairfax County and county officials want to realize their wet dream of a gun free county, well, who's to stop them?

Plausible? Maybe, maybe not. I think the statute contains too many weasel words and loopholes (ironic though that might be), despite getting off to a good start.
I would suspect that if this scenario took place, the government would do it, and the people would suffer the consequences, including increased risk of crime, but it would later be declared by the courts to have been illegal - but after the damage had been done.

TFred
Well, there is one safeguard to keep this from happening. It's called the Militia. And every man between the ages of 17 and 45 is a member. Our Founders weren't stupid by any stretch. They knew a "well regulated Militia" is the best guarantor of our safety.

I wonder what might happen if the local police were directed to disarm private citizens and they were met with several thousand fully armed people saying, "Not today, not tomorrow, not ever."?
 

bullseye

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I read it as saying you have nothing to worry about unless you decide to let the government take care of you in one of their "shelters". Personally, I'd never use that "benefit" of my tax dollars and I don't think many of you would either.
 

Wangmuf

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bullseye wrote:
I read it as saying you have nothing to worry about unless you decide to let the government take care of you in one of their "shelters". Personally, I'd never use that "benefit" of my tax dollars and I don't think many of you would either.

If my home, and my friends homes were all leveled, I sure would. I would not, however, let them disarm me. Plenty of violence/theft happens in "shelters". Why do you think you see so many homeless people who shack up in them in D.C. carrying all their possessions with them every day?



Edit: Let me clarify by saying I would use one in the case I couldn't easily get to an area where I could pitch a tent and live off the land for a sustainable amount of time.
 

kenny

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During disasters the Red Cross operates most if not all shelter facilities. It makes no difference if they are in a school, church or other community facility, they do not allow weapons of any type. Agreements are in place that give the Red Cross total authority and control of that building while it is being used as a Red Cross facility, they own it and control it.
 

skidmark

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Unless you are caught completely unaware, with no advance warning, you should have little need to go to a shelter except to register as a survivor (letting folks outside the disaster area know you were alive and well). Getting caught that unaware should be really hard to achieve - and no, you do not need to be a "survivalist" to not need to huddle in the shelter.

The biggest reason folks get stuck going to a shelter is because they wait too long before deciding to either hunker down or bug out. Traffic jams will be more deadly than the actual disaster event.

For those who wear tin foil hats - no, the gooberment cannot declare a large swath of real estate, like "the whole county" a shelter.

The laws that were written after Katrina are designed to prevent house-to-house sweeps for firearms. It would be reasonable for the cops to be more wary than usual of anyone OCing, especially carrying a shotgun or rifle, during the declared emergency. That being said, I am doubtful that the cops will have much to say about a bunch of neighbors who have grouped together to keep an eye on their neighborhood unless said group takes to sticking the heads of looters on pikes:what: as a warning to others.

stay safe.

skidmark
 

SouthernBoy

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kenny wrote:
During disasters the Red Cross operates most if not all shelter facilities. It makes no difference if they are in a school, church or other community facility, they do not allow weapons of any type. Agreements are in place that give the Red Cross total authority and control of that building while it is being used as a Red Cross facility, they own it and control it.
Just one more reason I no longer make any donations of any kind to the Red Cross. I stopped doing this in 2005 after Katrina when that dismal organization used some Katrina money for other things. And now you say they are of a mind to squelch my God-given and Bill of Rights protected most important right, especially in light of a national disaster??? No way. They know where they can stick it.
 

Thundar

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skidmark wrote:
...I am doubtful that the cops will have much to say about a bunch of neighbors who have grouped together to keep an eye on their neighborhood unless said group takes to sticking the heads of looters on pikes:what: as a warning to others.
Visual imagery
 

DocKen

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SouthernBoy wrote:
kenny wrote:
During disasters the Red Cross operates most if not all shelter facilities. It makes no difference if they are in a school, church or other community facility, they do not allow weapons of any type. Agreements are in place that give the Red Cross total authority and control of that building while it is being used as a Red Cross facility, they own it and control it.
Just one more reason I no longer make any donations of any kind to the Red Cross. I stopped doing this in 2005 after Katrina when that dismal organization used some Katrina money for other things. And now you say they are of a mind to squelch my God-given and Bill of Rights protected most important right, especially in light of a national disaster??? No way. They know where they can stick it.

I've found I even have to find somewhere else to donate blood, since they don't allow OC/CC in any of the donor centers. One of the few locations in Hampton Roads I've ever seen an obvious and prominently displayed "No guns" sign.

Damn shame since they do so much good, particularly for the Military.
 

kenny

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People either love or hate the Red Cross. This dates back to WWII when they were force to sell coffee to servicemen and women during the European Theater.

Unless one was seeking shelter I think the general consensus would be stay far away. During or after a disaster one most likely would go to a disaster service center for financial assistance. The rules there are the same however I have never seen a problem, but one could assume the same policy exists.
 

TFred

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kenny wrote:
People either love or hate the Red Cross. This dates back to WWII when they were force to sell coffee to servicemen and women during the European Theater.

Unless one was seeking shelter I think the general consensus would be stay far away. During or after a disaster one most likely would go to a disaster service center for financial assistance. The rules there are the same however I have never seen a problem, but one could assume the same policy exists.
Wow, the things you learn on these boards! I had no idea that ever happened.

TFred
 

kenny

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But when you need to get a family member home in an emergency or death they sure can cut through the red tape. Not to mention all the thousands of people they train in health & safety courses.

The are very unique in one other way. They are the ONLY organization chartered by the U.S. Congress to perform disaster relief. Of course nowadays that does not get you very far. No government money, it all comes from donations.
 
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