SB 268: Dangerous weapons in government facilities

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http://leg1.state.va.us/cgi-bin/legp504.exe?101+sum+SB268

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Dangerous weapons in government facilities. Provides that the governing body of any locality may, by ordinance, make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any facility that is owned or leased by that locality and used by it for governmental purposes.


An attempt to gut 15.2-915?

Full text is not posted yet, but unless this bill specifically mentions firearms, preemption still applies, at least in my non-lawylerly reading of it.

TFred

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TFred wrote:

http://leg1.state.va.us/cgi-bin/legp504.exe?101+sum+SB268

Full Text

Dangerous weapons in government facilities. Provides that the governing body of any locality may, by ordinance, make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any facility that is owned or leased by that locality and used by it for governmental purposes.


An attempt to gut 15.2-915?

Full text is not posted yet, but unless this bill specifically mentions firearms, preemption still applies, at least in my non-lawylerly reading of it.

TFred

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I can't see how that one will pass with 915 in effect, unless the later versions exclude firearms as dangerous weapons.

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Bad bill needs to go.:cuss:

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It will never get out of committee in the house of representativesif a house version is offered.

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ProShooter wrote:

TFred wrote:

http://leg1.state.va.us/cgi-bin/legp504.exe?101+sum+SB268

Full Text

Dangerous weapons in government facilities. Provides that the governing body of any locality may, by ordinance, make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any facility that is owned or leased by that locality and used by it for governmental purposes.


An attempt to gut 15.2-915?

Full text is not posted yet, but unless this bill specifically mentions firearms, preemption still applies, at least in my non-lawylerly reading of it.

TFred

Click to expand...

I can't see how that one will pass with 915 in effect, unless the later versions exclude firearms as dangerous weapons.

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915 is not an issue at all because it specifically excludes any other ordinance passed by the General Assembly. So if this bill passes (and if it does specifically include firearms), then 915 is the same, this just becomes another one of "those expressly authorized by statute".

What we do have on on our side is the fact that the GA did pass 915, and this bill obviously weakens the intent of 915, which is to prevent a mis-mash of gun laws all over the state that a law-abiding citizen would have to become aware of in order to not be a criminal.

If this same attitude of local control were to be applied to the driving laws, we'd have utter chaos on our highways, state wide.

TFred

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Full text is posted now, they do specifically include "gun", etc, so this bill will need to be high on the list to defeat.

ETFix, oops, looks like they will be required to post a sign at the entrance to each facility to which this ban applies, but that leaves you unknowingly in violation as you walk from your car in the parking lot to the building.

This bill would be a nightmare if it makes it through.

TFred


Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 15.2-915.5 as follows:

§ 15.2-915.5. Authority to restrict dangerous weapons in government facilities.

Notwithstanding the provisions of § 15.2-915, the governing body of any locality may, by ordinance, make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any facility that is owned or leased by that locality and used by it for governmental purposes. Any such ordinance shall provide for appropriate exceptions for educational, instructional, theatrical, and historical events. The ordinance may apply to the access roads and parking areas for those facilities, but shall not apply to public streets, roads, or highways. Notice of the ordinance shall be posted at each public entrance of every county, city, or town facility that is within the scope of the ordinance. A violation of the ordinance shall be punishable as a Class 1 misdemeanor, and upon conviction, any weapon seized shall be disposed of in accordance with § 19.2-386.29.

For the purposes of this section, the term “dangerous weapon” means (i) any gun or other weapon designed or intended to propel a missile or projectile of any kind; (ii) any frame, receiver, muffler, silencer, missile, projectile, or ammunition designed for use with any gun or other weapon designed or intended to propel a missile or projectile of any kind; or (iii) any explosive, taser, stun weapon, knife, or other weapon specified in subsection A of § 18.2-308.

No such ordinance shall apply to the following individuals who are carrying a dangerous weapon: (a) any law-enforcement officer, as defined by § 9.1-101; (b) any game warden, animal warden, or deputy animal warden; (c) any special police officer; or (d) any magistrate, court officer, or judge.

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It also includes any knives, not just those in 18.2-308, but any. Also stun weapons, even ammunition. God forbid that I accidentally leave a round in my change pocket or have a box of ammo in my vehicle. Or forget that there was a swiss-army knife on my belt.

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Wow. This won't pass.

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virginiatuck wrote:

It also includes any knives, not just those in 18.2-308, but any.

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You know, I think you're right! It says: "or (iii) any explosive, taser, stun weapon, knife, or other weapon specified in subsection A of § 18.2-308"

That sure seems to include all kinds of knives. I wonder how the employees of such a jurisdiction would cut their pizza when it's delivered for lunch?

TFred