Chkultr
Regular Member
imported post
....... Is is legal to carry in a Virginia Beach Recreation Center?
....... Is is legal to carry in a Virginia Beach Recreation Center?
Yep, as long as it is not a prohibited place like a school, etc........ Is is legal to carry in a Virginia Beach Recreation Center?
Or not private property like a boys club.Chkultr wrote:Yep, as long as it is not a prohibited place like a school, etc........ Is is legal to carry in a Virginia Beach Recreation Center?
This is what I thought was correct. Thank you to all the responses!The City of Virginia Beach Recreation Centers cannot ban firearms carry, except when a school related event is occurring (swim meet), during which the pool area is being exclusively used for a school event and is off limits to carry, but the rest of the Center is not. Recreation centers, libraries, city hall, police station public areas, and other city buildings are covered by preemption. The only ones that aren't are correctional or juvenile offender facilities.
My "guess" would be that if one did not have a CHP, you'd be alright at the Rec Center, but in violation in route - unless you could figure out a way to get there w/o going through the GFZ.Now, what about Rec' Centers like Great Neck? It is within 1000' of Cox High School. Would you need a CHP to carry there or, because it is public property where carry CANNOT be prohibited...
Which one overrides?
Physically impossible.unless you could figure out a way to get there w/o going through the GFZ.
Correct unless you live in the neighborhood behind the rec center and ball fields. You could walk through the park to get to the rec center!Grapeshot wrote:Physically impossible.unless you could figure out a way to get there w/o going through the GFZ.
Unless you are one of the "privileged" with a CHP - then you can walk right up.Grapeshot wrote:Physically impossible.unless you could figure out a way to get there w/o going through the GFZ.
Now, what about Rec' Centers like Great Neck? It is within 1000' of Cox High School. Would you need a CHP to carry there or, because it is public property where carry CANNOT be prohibited...
Which one overrides?
wylde007 wrote:Now, what about Rec' Centers like Great Neck? It is within 1000' of Cox High School. Would you need a CHP to carry there or, because it is public property where carry CANNOT be prohibited...
Which one overrides?
IMHO, IINAL, but...
There is no nexus between your carying a firearm and interstate commerce. Therefore the FGFSZ would not apply.
The FGFSZ really is the bogey man. Do not fear it.
Live Free of Die
It is either a back to the future thing or forward to the past event.The tenuous nexus is that your firearm *could* haveimpacted or otherwise participated in interstate commerce and thus be so regulated.
Amazingly enough, the BATFE has taken the stance that all firearms regardless of point of origin or destination are affecting interstate commerce and thus under their jurisdiction. They've taken Tennesee and Montana to court over their Firearms Freedom Acts.
Let me begin by admitting that I am quite new to this Forum and that IANAL. That being said, I have seen several references to the 1000 ft GFZ with regard to schools. Some believe that there is a prohibition against carrying within 1000 ft of a school.wylde007 wrote:Correct unless you live in the neighborhood behind the rec center and ball fields. You could walk through the park to get to the rec center!Grapeshot wrote:Physically impossible.unless you could figure out a way to get there w/o going through the GFZ.
What I don't get is the GFZ! It is a public city street that you are on. The 1000' rule does not make sense to me! Does that mean you can't walk out of your house to your car if you live across the street?
If that is the case then just about EVERYWHERE you drive here you are in violation. Cox has two sections if this is the case. Great Neck and Shorehaven!
GFZ relates to public and private K-12 schools, buildings and grounds. Holding a permit excludes one from the 1000 ft rule but not from the physical property thereof except when picking up or dropping off someone in the driveway/parking lot - a few other exceptions are noted.Chkultr wrote:Let me begin by admitting that I am quite new to this Forum and that IANAL. That being said, I have seen several references to the 1000 ft GFZ with regard to schools. Some believe that there is a prohibition against carrying within 1000 ft of a school.wylde007 wrote:Correct unless you live in the neighborhood behind the rec center and ball fields. You could walk through the park to get to the rec center!Grapeshot wrote:Physically impossible.unless you could figure out a way to get there w/o going through the GFZ.
What I don't get is the GFZ! It is a public city street that you are on. The 1000' rule does not make sense to me! Does that mean you can't walk out of your house to your car if you live across the street?
If that is the case then just about EVERYWHERE you drive here you are in violation. Cox has two sections if this is the case. Great Neck and Shorehaven!
I decided to do some research and see if I could find applicable VA law. Here is an excerpt from the Commonwealth's own web site:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-280
§ 18.2-280. Willfully discharging firearms in public places.
A. If any person willfully discharges or causes to be discharged any firearm in any street in a city or town, or in any place of public business or place of public gathering, and such conduct results in bodily injury to another person, he shall be guilty of a Class 6 felony. If such conduct does not result in bodily injury to another person, he shall be guilty of a Class 1 misdemeanor.
B. If any person willfully discharges or causes to be discharged any firearm upon the buildings and grounds of any public, private or religious elementary, middle or high school, he shall be guilty of a Class 4 felony, unless he is engaged in a program or curriculum sponsored by or conducted with permission of a public, private or religious school.
C. If any person willfully discharges or causes to be discharged any firearm upon any public property within 1,000 feet of the property line of any public, private or religious elementary, middle or high school property he shall be guilty of a Class 4 felony, unless he is engaged in lawful hunting.
D. This section shall not apply to any law-enforcement officer in the performance of his official duties nor to any other person whose said willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law.
E. Nothing in this statute shall preclude the Commonwealth from electing to prosecute under any other applicable provision of law instead of this section.
Subparagraph "C." addresses this issue. And it seems quite clear to me that the prohibition is against discharging a weapon within 1000 ft, not simpy carrying. And it seems to apply to public property only.For example, there are many private homes within 1000 feet of schools in which you have every right to carry a firearm and to use it in defense of your family and property.
This makes sense in light of the oft cited permission to CC on school property as long as the weapon remains concealed and the carrier remains in the vehicle.
So, I cannot find any State law establishing a "Gun Free Zone", and preemption would prevent any local laws creating such a GFZ.
Have I overlooked something here?
USNA69 wrote:GFZ relates to public and private K-12 schools, buildings and grounds. Holding a permit excludes one from the 1000 ft rule but not from the physical property thereof except when picking up or dropping off someone in the driveway/parking lot - a few other exceptions are noted.Chkultr wrote:Let me begin by admitting that I am quite new to this Forum and that IANAL. That being said, I have seen several references to the 1000 ft GFZ with regard to schools. Some believe that there is a prohibition against carrying within 1000 ft of a school.wylde007 wrote:Correct unless you live in the neighborhood behind the rec center and ball fields. You could walk through the park to get to the rec center!Grapeshot wrote:Physically impossible.unless you could figure out a way to get there w/o going through the GFZ.
What I don't get is the GFZ! It is a public city street that you are on. The 1000' rule does not make sense to me! Does that mean you can't walk out of your house to your car if you live across the street?
If that is the case then just about EVERYWHERE you drive here you are in violation. Cox has two sections if this is the case. Great Neck and Shorehaven!
I decided to do some research and see if I could find applicable VA law. Here is an excerpt from the Commonwealth's own web site:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-280
§ 18.2-280. Willfully discharging firearms in public places.
A. If any person willfully discharges or causes to be discharged any firearm in any street in a city or town, or in any place of public business or place of public gathering, and such conduct results in bodily injury to another person, he shall be guilty of a Class 6 felony. If such conduct does not result in bodily injury to another person, he shall be guilty of a Class 1 misdemeanor.
B. If any person willfully discharges or causes to be discharged any firearm upon the buildings and grounds of any public, private or religious elementary, middle or high school, he shall be guilty of a Class 4 felony, unless he is engaged in a program or curriculum sponsored by or conducted with permission of a public, private or religious school.
C. If any person willfully discharges or causes to be discharged any firearm upon any public property within 1,000 feet of the property line of any public, private or religious elementary, middle or high school property he shall be guilty of a Class 4 felony, unless he is engaged in lawful hunting.
D. This section shall not apply to any law-enforcement officer in the performance of his official duties nor to any other person whose said willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law.
E. Nothing in this statute shall preclude the Commonwealth from electing to prosecute under any other applicable provision of law instead of this section.
Subparagraph "C." addresses this issue. And it seems quite clear to me that the prohibition is against discharging a weapon within 1000 ft, not simpy carrying. And it seems to apply to public property only.For example, there are many private homes within 1000 feet of schools in which you have every right to carry a firearm and to use it in defense of your family and property.
This makes sense in light of the oft cited permission to CC on school property as long as the weapon remains concealed and the carrier remains in the vehicle.
So, I cannot find any State law establishing a "Gun Free Zone", and preemption would prevent any local laws creating such a GFZ.
Have I overlooked something here?
Federal law:
http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990
Code of Virginia:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.1
I recall that you may carry on your own property even within the 1000 ft GFZ but didn't come up with the cite quickly - anybody?
Yata hey