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Thread: 15.2-915 Clarification

  1. #1
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    Post 15.2-915 Clarification

    I have two questions regarding 15.2-915

    The first deals more specifically with § 15.2-915.2. Does the penalty of $100 constitute a civil fine or a class 4 misdemeanor? I ask because many counties codes define a class 4 misdemeanor as punishable by a fine up to $250. Sec. 1-11. of Stafford's code as an example.

    The second is a cross between a code question and information posted by the VCDL on their site. They link 915 as the statue that prohibits carry a detention facilities. I have been unable to find any language for that prohibition in 915 or anywhere else in the code for that matter. What am I missing?

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    Regular Member TFred's Avatar
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    Post imported post

    Here's the code, for reference.

    I wouldn't say that this code prohibits carry in a detention facility, but it clearly exempts detention facilities from the restriction otherwise imposed upon localities to regulate firearems.

    TFred


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    TFred – I completely agree with that assessment. The thing that is proving troublesome is I can’t seem to find the prohibition in any state or local codes.

    I have not however, nor do I normally check the administrative regulations. I intend to search there as well as the USC when time permits. I was hoping someone here may have already gone through them…..

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    Regular Member ProShooter's Avatar
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    I know that we used to use 53.1-203 for crimes committed by prisoners. In the vast depths of nothingness that is my memory these days, I'm pretty sure that the prohibition lies somewhere in Title 53, but the exact location and wording escapes me.
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    Campaign Veteran skidmark's Avatar
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    The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.
    This is a "carve-out" - a legal maneuver to, in this case, prohibit some action by any local government subunit except local/regional jails and juvenile detention facilities.

    Concealed carry is prohibitted in various areas of some law enforcement buildings, but there was nothing that stopped open carry at local/regional jails & juvenile detention facilities. The need to prohibit firearms in those places is fairly obvious, but without the "carve out" these places were powerless to prohibit firearms.

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    Accomplished Advocate user's Avatar
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    Post imported post

    That's an unclassified misdemeanor. The fine is a criminal penalty, but it doesn't fit within anything in the classification schedule.

    A jailis under the exclusive jurisdiction of a local sheriff, who, as a constitutional officer, has pretty much absolute discretion on how to do what's necessary to effect security. The statute broadens the scope to include regional detention facilities, which I think is interesting, as they're generally run by contractors.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    user wrote:
    That's an unclassified misdemeanor. The fine is a criminal penalty, but it doesn't fit within anything in the classification schedule.
    That being the case shouldn’t the local codes list the penalty as a $100 fine as opposed to a class 4 misdemeanor? Doesn’t listing the penalty the way it is expose people to the full penalties of a class 4 misdemeanor?


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    Stafford_1911 wrote:
    user wrote:
    That's an unclassified misdemeanor. The fine is a criminal penalty, but it doesn't fit within anything in the classification schedule.
    That being the case shouldn’t the local codes list the penalty as a $100 fine as opposed to a class 4 misdemeanor? Doesn’t listing the penalty the way it is expose people to the full penalties of a class 4 misdemeanor?
    Yup -all such ordinances are invalid. Not just overreaching, but absolutely void.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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