General Assembly this year

imported post

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.

imported post

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.

Click to expand...

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.

imported post

simmonsjoe wrote:

A. No locality shall . . .

Click to expand...

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

Click to expand...

Um, a state college is not a locality, it is stae agency.

imported post

its the spirit of the laws intent.

state funded colleges aren't state agencies.
VCU being the exception.

imported post

simmonsjoe wrote:

its the spirit of the laws intent.

state funded colleges aren't state agencies.
VCU being the exception.

Click to expand...

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.

imported post

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.

imported post

Mike wrote:

simmonsjoe wrote:

A. No locality shall . . .

Click to expand...

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

Click to expand...

Um, a state college is not a locality, it is stae agency.

Click to expand...

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.

imported post

"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.

imported post

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?

imported post

simmonsjoe wrote:

So they are a state agency that ACTS like a locality??

Click to expand...

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.

imported post

Mike wrote:

simmonsjoe wrote:

So they are a state agency that ACTS like a locality??

Click to expand...

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.

Click to expand...

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.

imported post

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.

Click to expand...

huh? The preemption statute does not apply to state agencies and bills trying to make this so have failed.

imported post

simmonsjoe wrote:

state funded colleges aren't state agencies.

Click to expand...

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.

imported post

fairfax1 wrote:

simmonsjoe wrote:

state funded colleges aren't state agencies.

Click to expand...

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.

Click to expand...

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.