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Thread: General Assembly this year

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    Regular Member simmonsjoe's Avatar
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    GA this year.

    Does anyone know how a bill gets introduced to change VA code?

    Specifically I want to try and get Preemption extended to State funded schools
    in a way that disallows colleges from having anti-carry policies.
    I feel the preemption law is already worded this way:

    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.

    although the bans on college campuses are not laws, is it not a resolution or motion?


    even so I want to change this to clarify that public universities can't do this, similar to UTAH. Also I want this to encompass VCU.


    It seems odd to me that its in the US and VA constitution yet its ok for publicly funded schools to denounce your NATURAL RIGHT as against the code of proper conduct.

    illegal ≠ immoral legal ≠ moral
    [SIZE=1]"I never submitted the whole system of my opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself. "Such an addiction is the last degradation of a free and moral agent." - Thomas Jefferson
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    Accomplished Advocate peter nap's Avatar
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    simmonsjoe wrote:
    GA this year.

    Does anyone know how a bill gets introduced to change VA code?

    Specifically I want to try and get Preemption extended to State funded schools
    in a way that disallows colleges from having anti-carry policies.
    I feel the preemption law is already worded this way:

    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.

    although the bans on college campuses are not laws, is it not a resolution or motion?


    even so I want to change this to clarify that public universities can't do this, similar to UTAH. Also I want this to encompass VCU.


    It seems odd to me that its in the US and VA constitution yet its ok for publicly funded schools to denounce your NATURAL RIGHT as against the code of proper conduct.
    You need to have a legislator sponsor the bill. Talk to your Senator or Delegate. Such a bill will be a hard sell.

    There is a cutoff date for pre-filed bills and limits on bills after that date so it's unlikely anything would happen this year even if you can find a sponsor.

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    simmonsjoe wrote:
    A. No locality shall . . .
    although the bans on college campuses are not laws, is it not a resolution or motion?
    Um, a state college is not a locality, it is stae agency.

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    Regular Member simmonsjoe's Avatar
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    its the spirit of the laws intent.

    state funded colleges aren't state agencies.
    VCU being the exception.
    illegal ≠ immoral legal ≠ moral
    [SIZE=1]"I never submitted the whole system of my opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself. "Such an addiction is the last degradation of a free and moral agent." - Thomas Jefferson
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    simmonsjoe wrote:
    its the spirit of the laws intent.

    state funded colleges aren't state agencies.
    VCU being the exception.
    of course they are - what else would they be? A state college is part of the state government. That's why FOIA applies to state colleges, etc.

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    as I understand it (in the context of these statutes) a "locality" is an incorporated city or a county with an executive form of government. If that is correct, then a college or university is not a locality.

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    Mike wrote:
    simmonsjoe wrote:
    A. No locality shall . . .
    although the bans on college campuses are not laws, is it not a resolution or motion?
    Um, a state college is not a locality, it is stae agency.
    Yup. public universities are created by the General Assembly as a state agency.

    Functionally, they are much like a locality such as an independent city in practice. They have public buildings, a "board" that creates regulations and policy, have their own state law enforcement agency, offer housing, maintain roads, host public and private events in a publicly funded arena, have banks and ATMs, exempt from county zoning, the list goes on. The only difference is that county police share jurisdiction AFAIK.

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    Regular Member Virginiaplanter's Avatar
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    "As an agency of the Commonwealth, UVA is entitled to sovereign immunity under the common law absent an express constitutional or statutory provision to the contrary. There is no such waiver in the Act or elsewhere. See James v. Jane, 221 Va. 43, 51, 282 S.E.2d 864, 868 (1980) (noting that UVA is entitled to the sovereign immunity granted to the Commonwealth under the common law)."

    Rector and Visitors of the University of Virginia, 267 Va. 242, 244-45, 591 S.E.2d 76, 78 (2004).

    "It is clear that GMU qualifies as an agency of the Commonwealth. Under the Administrative Process Act, an “Agency” is defined as “any authority, instrumentality, officer, board or other unit of the state government empowered . . . to make regulations or decide cases.” Code § 2.2-4001 (emphasis added). To this effect, Code § 23-14 states that all state-affiliated four-year universities are “governmental instrumentalities;” Code § 23-9.2:3 supplies the “governing body of every educational institution” with the power to promulgate certain necessary “rules and regulations.” Perhaps most significantly, Title 8 of the Virginia Administrative Code actually denominates George Mason University within its text as the Commonwealth’s “Agency No. 35.” 8 V.A.C. 35, Agency Introduction."

    George Mason University v. Floyd, 275 Va. 32, 654 S.E.2d 556 (2008).

    I think that legally settles the issue.

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    Regular Member simmonsjoe's Avatar
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    So they are a state agency that ACTS like a locality??
    This includes the schools whose charters aren't written into
    the VA Administrative Code?
    This is a little confusing, and that is my whole point.

    I want to try and change the law so it is clear Universities
    do not have this authority toward their student code of conduct.

    Should I write up a rough bill and present it to a Senator or Delegate?

    How should I approach this? Writing a clarification into the preemption law?
    Or a law barring persons who write Administrative law from affecting non
    employees of an agencies' natural rights protected by VA Constitution as
    being out of the scope of their duties?
    illegal ≠ immoral legal ≠ moral
    [SIZE=1]"I never submitted the whole system of my opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself. "Such an addiction is the last degradation of a free and moral agent." - Thomas Jefferson
    G19 Gen 4; Bersa Thunder 380; Sig Sauer P238; Kel-Tec su-16c

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    simmonsjoe wrote:
    So they are a state agency that ACTS like a locality??
    They are not localities - a locality is a County, City, or Town. A Town is part of a County, a city is not.

    A state college is a state agency which may hold title to property and make rules governing conduct on such property pursuant to their statutory authority.

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    Mike wrote:
    simmonsjoe wrote:
    So they are a state agency that ACTS like a locality??
    They are not localities - a locality is a County, City, or Town. A Town is part of a County, a city is not.

    A state college is a state agency which may hold title to property and make rules governing conduct on such property pursuant to their statutory authority.
    And as a state agency, they should be held liable to follow all laws pertaining to state agencies, including pre-emption of firearms laws/regulations/ordinances/rules.

    They should NOT ever be allowed to have their cake and eat it too. They eitherARE orARE NOT state agencies.

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    darthmord wrote:
    And as a state agency, they should be held liable to follow all laws pertaining to state agencies, including pre-emption of firearms laws/regulations/ordinances/rules.
    huh? The preemption statute does not apply to state agencies and bills trying to make this so have failed.

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    Regular Member fairfax1's Avatar
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    simmonsjoe wrote:
    state funded colleges aren't state agencies.
    GMU says on the website they are...

    http://parking.gmu.edu/finesandpayments.html

    DEPARTMENT OF MOTOR VEHICLES (DMV) ACCESS As an agency of the Commonwealth of Virginia, the University has access to certain DMV computer files.

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    fairfax1 wrote:
    simmonsjoe wrote:
    state funded colleges aren't state agencies.
    GMU says on the website they are...

    http://parking.gmu.edu/finesandpayments.html

    DEPARTMENT OF MOTOR VEHICLES (DMV) ACCESS As an agency of the Commonwealth of Virginia, the University has access to certain DMV computer files.
    He makes a valid point here ^^.

    However, if it is a STATE funded, PUBLIC University, it is an agency. Thus private property rules with the proprieter banning guns obviously doesnt work. Or whichever way it needs to be worded.
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