imported post
In another thread, a new member was concerned that Richmond had severe knife laws. That's not really a topic discussed here (Once in a while) but stop and identify is.
Virginia is still a Dillon Rule state although there have been a couple of failed attempts to bypass it.
I don't want to discuss the laws of statutory construction in depth (Mostly because Municipal law is way over my head) but generally speaking, as it pertains to criminal ordinances, the municipality cannot make a law that is more severe or restrictive than the state law.
There are exceptions but I've never seen one that pertains to knives.
This is a good explanation from the Virginia Municipal League on the Dillon rule.
http://www.fairfaxcounty.gov/dmb/fcpos/dillon.pdf
Richmond is famous for passing ordinances that are not enforceable and so is Henrico.
The fact that it's on the books doesn't mean it's legal.
In another thread, a new member was concerned that Richmond had severe knife laws. That's not really a topic discussed here (Once in a while) but stop and identify is.
Virginia is still a Dillon Rule state although there have been a couple of failed attempts to bypass it.
I don't want to discuss the laws of statutory construction in depth (Mostly because Municipal law is way over my head) but generally speaking, as it pertains to criminal ordinances, the municipality cannot make a law that is more severe or restrictive than the state law.
There are exceptions but I've never seen one that pertains to knives.
This is a good explanation from the Virginia Municipal League on the Dillon rule.
http://www.fairfaxcounty.gov/dmb/fcpos/dillon.pdf
Richmond is famous for passing ordinances that are not enforceable and so is Henrico.
The fact that it's on the books doesn't mean it's legal.