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7/20/2010 6pm - York Count Board of Supervisors - York Hall, 301 Main Street

45acpForMe

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VCDL's meeting schedule: http://www.vcdl.org/meetings.html
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Abbreviations used in VA-ALERT: http://www.vcdl.org/help/abbr.html
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York County and nearby members:

We need as big a turnout as we can get on Tuesday, July 20th at 6 PM as that is when the York County Board of Supervisors is going to get public input and then debate and vote on a REPEAL to all of their discharge ordinances - letting state law prevail!

Living in Chesterfield County, I am envious of what will be a big improvement for York County.

**I fully expect that this will bring out various Home Owner's Associations and other anti-gunners, so we NEED to be there in large numbers to counter them.**

EVEN IF YOU DON'T LIVE IN YORK COUNTY, come out to help support those that do. Part of our strength is that we stand together shoulder-to-shoulder.

I hope this is the beginning of a trend that will give us much better discharge laws throughout the state.

Last time our turnout was OK, but we must do better this time - the opposition will be there. If you can't get there at 6 PM, it looks like you can still be in time for the debate if you get there as late at 7 PM.

Here is the information on the repeal:

-

BOARD OF SUPERVISORS
COUNTY OF YORK
YORKTOWN, VIRGINIA

Agenda

Regular Meeting
July 20, 2010

Board Room
York Hall
6:00 p.m.


...

7:00 p.m. PUBLIC HEARINGS.

...

2 Repeal of York County Firearms Ordinance. Consider adoption of proposed Ordinance No. 10-13 to repeal Section 16-7, Discharging Firearms within Certain Areas Prohibited, and Section 16-37, Discharge of High Powered Rifles Prohibited, of the York County Code.

a. Memorandum from County Administrator.

http://www.yorkcounty.gov/LinkClick.aspx?fileticket=fDJxIbPniFw=&tabid=1900

b. Section 16-7, Discharging firearms within certain areas prohibited.

http://www.yorkcounty.gov/LinkClick.aspx?fileticket=hHR4xA575zI=&tabid=1900

c. Section 16-37, Discharge of high-powered rifles prohibited.

http://www.yorkcounty.gov/LinkClick.aspx?fileticket=bV7kvCIL6zQ=&tabid=1900

d. Proposed Ordinance No. 10-13.

http://www.yorkcounty.gov/LinkClick.aspx?fileticket=RgD7DiACIw0=&tabid=1900

-

Here is the address:

York Hall
301 Main Street
(old historic Yorktown)


Carry is OK.

**I'll be there around 5:45PM with GSL stickers for everyone.**
 

45acpForMe

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Sheila Noll - Newsletter

I just got this today from Supervisor Sheila Noll. It sounds like she is open to repeal the County discharge ordinances. Let's try to have a good Pro-gun turnout!


<snip>

The next issue is the Firearms Ordinance. A bit of history: the ordinance has been on the books for a good long while but recently there was an issue that prompted us to look at it more closely. We found that because, for the most part, the county is already covered by state code it would make sense to do away with the redundancy. I firmly believe in the second amendment which the Supreme Court has recently reaffirmed. At the last meeting we had quite a discussion with the sheriff leading the charge to eliminate the county ordinance altogether – you may have read his thoughts in the D/P. Since it was advertized as amending the ordinance that was what we did but asked that the elimination be properly advertized for the July meeting. My general concern is not with the right to own and carry weapons but with the possible discharge of a firearm in a densely populated residential community. There is a list of homeowners associations that have asked to be covered under the current ordinance and if it goes away, so will their special coverage. In the sheriff’s opinion, "anything passed by the homeowners associations as a general membership or as a board of directors would not be enforceable as it was just a neighborhood rule. He stated that if it was written in the covenants of a homeowners association, it would be an association rule and not a violation of law." (Referring to state law). In the past three years and a half, the sheriff’s dept. has received 731 calls for shots being fired with 6 arrests being made – some of those calls did lead to criminal acts, though. We can talk about the possibility – anything is possible - but what about the probability? I represent you – how do you feel? The vote is Tuesday.


<snip>

Sheila
Sheila S. Noll, Supervisor
District 2
(877-7790)
noll@yorkcounty.gov
 

DrMark

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If you live in York County, let your Supervisors hear from you.

http://www.yorkcounty.gov/Default.aspx?alias=www.yorkcounty.gov/bos

I was at the last meeting, and I intend to be at this one.

Your support would be appeciated.

After all, the antis are active. Remember Pam Pouchot, the anti who spoke about brothels and against guns at the last meeting? She's been blast e-mailing her misleading tripe to folks throughout the county. To wit:
-----Original Message-----
From: Pam Pouchot
Sent: Wednesday, June 30, 2010 9:42 PM

Subject: Proposed County Ordinance
Code of the County of York
Sec. 16-7. Discharging firearms within certain areas prohibited.
(a) Definitions: For the purposes of this section, terms shall have the following meanings:
(1) Firearm. Any handgun, shotgun or rifle which will, is designed to, or may be readily converted to expel single or multiple projectiles by the action of a combustible material.
(2) Pneumatic Gun. Any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic weapon" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint or other liquid for the purpose of marking the point of impact.
(b) Firearms restricted.
(1) Pursuant to the authority provided under section 15.2-1209 of the Code of Virginia, the board has determined that certain areas of the County are so heavily populated as to make the discharge of firearms dangerous to the inhabitants thereof. Accordingly, discharges of any firearms shall be prohibited in the following areas of York County. These restrictions shall not apply to the discharge of pneumatic guns:
a. Any property within any part of those areas or subdivisions in the county as described below or commonly known and designated on the plats of subdivision recorded in the clerk's office of the circuit court of the county:

70 areas or subdivisions are named in this section which can be found on the County web site.

Dear Homeowner's Association:

On June 15, 2010 the York County Board of Supervisors voted 5-0 to rescind the ban on pneumatic weapons. Some of today's BB rifle can shoot 1050 feet and have the velocity of a .22 caliber rifle. Three to four people die yearly due to pneumatic firearms and 21,000 are injured, mostly children. They are not toys.

At this meeting it was also proposed to rescind the ban on discharging firearms throughout the County. Since this was not an advertised part of this public hearing, they will have to wait to the July or August meeting to have the hearing.

The arguments in favor of rescinding the ban rest on Second Amendment rights and Sheriff Danny Diggs stating that the Code of Virginia statutes covered this issue and therefore the County ordinance was redundant.

The Second Amendment gives one the right to possess a firearm, not to discharge it. The Code of VA does not address the issue of discharging a firearm on private property with the exception of shooting onto school property. There are punishments for shooting into an occupied dwelling, damaging property, and threatening, killing or maiming a person. But these laws are for punishing after the fact. No law will prevent someone from committing an intentional crime. But law-abiding citizens will obey our current ordinance. If discharging a firearm on private property becomes legal, there will be some gun owners who will shoot irresponsibly, endangering those who live around them.

There are state statutes that give local governing bodies the right to determine if and where a firearm may be discharged. York County is no longer a rural community. We are suburban in most areas of the County and property lots have diminished in size. Discharging a firearm on ¼ acre or less lots is a public safety issue. No one should have to worry about bullets flying while out in the yard or fear a bullet coming through a window or wall and hitting children playing in the house. It makes more sense to prevent a tragedy than punish someone after the fact.

The Supervisors indicated that this is what the County wants....the discharging of firearms in your neighborhood.

Your community is on the list of areas where a firearm cannot be legally discharged. Please contact all the Supervisors and go to the public hearing and make your voices heard if you want this ordinance to remain in force.

Pam Pouchot
XXX XXXXX XX
Yorktown, VA 23692
898-XXXX
 

2a4all

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Let's show up at this event and give Sheriff Diggs our support!

The anti rallying cry has been broadcast to a wider audience. See Pam Pouchot's LTE in today's (7/19/2010) Daily Press.

http://www.dailypress.com/news/opinion/dp-nws-edt-monltrs-0719-20100718,0,6848980.story
Keep gun laws
On July 20 at 6 p.m., the York County Board of Supervisors plans to rescind Ordinance 16-7 that prohibits the discharge of firearms in over 90 percent of the county and rescind 16-37 that will allow the discharge of high-powered rifles on private property. There are already exemptions for gun clubs, protecting persons and property, designated hunting areas, and shooting dangerous or destructive animals. What more would the responsible gun owner need to do?

York County is heavily populated. Homes are situated too close to their neighbors to safely discharge firearms. Yes, there are state laws to punish those who cause harm to persons or property, after the fact. When a stray bullet enters your home and kills your child playing in his room, there will be little consolation that the irresponsible gun owner will be prosecuted. In any group there will be some irresponsible people. While their intentions may not be malicious, their irresponsible actions can be fatal.

I am at a loss to understand why our board and sheriff would want to endanger citizens. I urge those who view this as a public safety issue to address the board at the public hearing on July 20, before we have to address an unfortunate tragedy.

Pam Pouchot
Yorktown
 
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peter nap

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I guess the anti's will be speaking even if no one else is.

I'm going and I'm going to video it.
It would be great to have a 2:1 ratio there.
 

t33j

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King George, VA
Sent a notice to some York County friends to see if they'll at least be bodies (with guns) in the room.
 
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45acpForMe

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History

Peter asked for a history and I couldn't fit this in a PM so here is my understanding. Anyone please correct me or add to it.

Anyone that can't attend can email the Board of Supervisors too! bos@yorkcounty.gov

In my understanding, more and more Homeowners Associations and subdivisions were asking to be put on the list of no discharge areas. As this occured, the Board of Supervisors were reviewing the ordinance. Our Sherrif, Danny Diggs, weighed in strongly on the side of the 2A and said that the rules are unenforceable and possibly unconstitutional. I have attached his opinion. The support of the sherrif riled up the troops. The BoS seems open to repeal the ban and had to reschedule a vote until after it was advertised to the public "specifically". So expect more anti's at this meeting than at the last.


An email from Lafayette Gun Club: Don Streater, Corresponding Secretary

For two years, the County Administrator has been proposing to the Board of Supervisors a more restrictive ordinance than is currently in place. York County does not need this.
Sheriff Diggs has weighed in, responding to our Legislative Committe Chairman, "It is my opinion as Sheriff that the County should repeal its current ordinance, Section 16-7, concerning the discharge of firearms." The full text of his opinion is attached.


At the June meeting: (don't know why the added to the no-discharge list since the were considering getting rid of it at the next meeting)
4. Board of Supervisors Actions

b. Unanimously approved modification of the firearms discharge ordinance. The approved Ordinance No. 09-8 (R-2) modified Section 16-7 of the County Code by:

(1) Removing restrictions on the discharge of pneumatic guns in the County
(2) Added the Wythe Creek Farms, Sherwood Forest, Overlook Point and Villas on Shady Banks subdivisions to the list of neighborhoods where the discharge of firearms is prohibited
(3) Requires notification to the school of an intent to discharge a firearm between 300 to 1,000 feet of a school. Discharging a firearm within 300 feet of a school is still prohibited.


Danny Diggs Opinion:

It is my opinion as Sheriff that the County should repeal its current ordinance, Section 16-7, concerning the discharge of firearms.
In response to the question of why should the county’s firearms discharge ordinance be repealed, I will try to answer your question from several different perspectives.
First, any restriction on the use of a firearm is a potential infringement of the 2nd Amendment and should be considered very carefully. One method of having a neighborhood placed on the prohibited list is for a neighborhood association to petition the Board to be added. Let me speak from what I have heard from others and from personal experience. These associations do not always speak for everyone in the neighborhood, and sometimes not even for the majority. It may be reasonable for associations to make rules for parking, trash, or some other rule that governs day to day living, but giving the power to any association to infringe upon the 2nd Amendment Right (or any other Constitutional Right) of any single person should be unlawful itself. I do not believe that you would allow them to infringe upon any of the other Rights guaranteed by the Constitution.

I would assume that the purpose of the existing and proposed county ordinance is to ensure the safety of our citizens from dangerous use of a firearm. There are several state laws that already cover that desire and some that have a penalty greater than the one in the county ordinance.
The typical 911 call for "shots fired" is from a caller stating that he has heard something that sounded like gunshots. Never do we get a caller advising that a neighbor is shooting a gun in the backyard. Most calls are far shots heard coming from a wooded area or from a distance that no one is sure where it originated.

In the last 3 1/2 years, we have made 6 arrests that started as a "shots fired" call.

3 were charged with reckless handling of a firearm (state law)
1 was charged with brandishing a firearm (state law)
1 was charged with carrying a concealed weapon (state law)
1 was charge with Drunk in Public (no weapon found)

For more than ten years, no one has been charged under the County ordinance. Everyone who has discharged a firearm illegally and that has been apprehended has been charged under state law. A law that has not been used in more than ten years and is a duplication of state law is a law that is not needed.
Virginia is a "Dillon Rule" state. One of the purposes of the Dillon Rule is to provide consistent application of laws throughout the state to prevent confusion among its citizens. The same logic should apply in York. As proposed, York would have 61 different areas where the ordinance would apply. This is a cumbersome solution that provides an unequal application of the law within our county. It is difficult for deputies to decipher and interpret, especially when there are different subdivisions (some included and some not) within a similar geographic area such as Dandy or Dare. The description of one area takes an entire page. It is also difficult for county citizens to determine if they are in prohibited area. Then there are those who think that they are in a prohibited area when they are not.
About five years ago, Prince George County dealt with the same situation of how to deal with the local ordinance of discharging a firearm. The same issues were considered and the Board of Supervisors there decided to repeal their ordinance. It was very similar to York’s present ordinance. The issues were multiple prohibited areas (like York’s 61 different ones) and infringement upon the rights of others. I spoke with the Chief of Police there and he told me that they have not experienced any difficulties since repealing the local ordinance. State law has covered any incidents that have occurred. He characterized Prince George County and being suburban at one end of the county and rural at the other end.
I have included relevant state laws that adequately cover firearms.

State laws that already govern activity that the county ordinance prohibits.

§ 18.2-56.1. Reckless handling of firearms; reckless handling while hunting.
It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Any person violating this section shall be guilty of a Class 1 misdemeanor.
The above law covers any discharge of a firearm that is reckless, yet still permits discharges upon property where such a discharge can be done safely. Plainly stated, I believe that is or should be the intent of the County Ordinance.

§ 18.2-279. Discharging firearms or missiles within or at building or dwelling house; penalty.
If any person maliciously discharges a firearm within any building when occupied by one or more persons in such a manner as to endanger the life or lives of such person or persons, or maliciously shoots at, or maliciously throws any missile at or against any dwelling house or other building when occupied by one or more persons, whereby the life or lives of any such person or persons may be put in peril, the person so offending is guilty of a Class 4 felony. In the event of the death of any person, resulting from such malicious shooting or throwing, the person so offending is guilty of murder in the second degree. However, if the homicide is willful, deliberate and premeditated, he is guilty of murder in the first degree.
If any such act be done unlawfully, but not maliciously, the person so offending is guilty of a Class 6 felony; and, in the event of the death of any person resulting from such unlawful shooting or throwing, the person so offending is guilty of involuntary manslaughter. If any person willfully discharges a firearm within or shoots at any school building whether occupied or not, he is guilty of a Class 4 felony.

§ 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.
******The above section covers the discharge around schools.

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.
 
§ 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.

§ 18.2-286. Shooting in or across road or in street.
If any person discharges a firearm, crossbow or bow and arrow in or across any road, or within the right-of-way thereof, or in a street of any city or town, he shall, for each offense, be guilty of a Class 4 misdemeanor.
The provisions of this section shall not apply to firing ranges or shooting matches maintained, and supervised or approved, by law-enforcement officers and military personnel in performance of their lawful duties.

§ 18.2-56.2. Allowing access to firearms by children; penalty.
A. It shall be unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen. Any person violating the provisions of this subsection shall be guilty of a Class 3 misdemeanor.

B. It shall be unlawful for any person knowingly to authorize a child under the age of twelve to use a firearm except when the child is under the supervision of an adult. Any person violating this subsection shall be guilty of a Class 1 misdemeanor. For purposes of this subsection, "adult" shall mean a parent, guardian, person standing in loco parentis to the child or a person twenty-one years or over who has the permission of the parent, guardian, or person standing in loco parentis to supervise the child in the use of a firearm.
 
 
 
 
 
 
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peter nap

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I made the trip up North on Sunday afternoon. Otherwise I'd be there... again.

Diggs - what a guy.

Oh well. I know you're there in spirit. I wish the darned thing was later. A lot of people will have trouble getting there after work. The Soccer Moms will be out though.

Hopefully there will be plenty of pro gun. The gun club will have a good turnout I hope.
 

simmonsjoe

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Really? Your gonna Video it?

I guess the anti's will be speaking even if no one else is.

I'm going and I'm going to video it.
It would be great to have a 2:1 ratio there.
Who'da thunk?

You should just put "I'm gonna video it." in your signature.

2:1 is pretty low. We've done much better than that before.

Let's aim for 3:1 !!!

I'll be there.
 

peter nap

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Who'da thunk?

You should just put "I'm gonna video it." in your signature.

2:1 is pretty low. We've done much better than that before.

Let's aim for 3:1 !!!

I'll be there.

3:1 would be nice Joe. I'm hopeful but it is a work day and this thing is at 6:00. That's tight for a lot of people.

I don't photograph or video everything. These are freebies and I'm a novice at video. I'm a photographer and do occasionally have to make a living plus, I farm. Time gets tight.

Plus there are some things I refuse to take pictures of. I went for a year without doing anything for the Teaparty. If it hadn't been for DR Mark's brother and a couple of others, I would still ignore them.
 
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peter nap

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I'm taking 3 cameras.
I'm going to lock one on the Board, one on the podium and use the 7D as a rover.

If everyone has GSL stickers, it would help if everyone stayed on one side of the room. The mass of orange really sticks out.

I'm going to take the H4n to hopefully improve the audio.

I'm getting there a couple of hours early and go by the dock to get some Broll, then go to the building 45 minutes early to set up and catch a few Gun people and maybe a soccer mom or two, before it starts.
 

MSC 45ACP

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I'll try to get there early. I am heading to Norfolk to pick up # 1 child shortly. Hopefully, she will also attend. She's a good "OC Role Model" being 5' tall with a Glock 21 on her hip. She has a habit of turning heads. :-D
 

peter nap

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Just so no one's shocked (Regulars know I do this) I'll probably leave my gun in the car.

I do this for a couple of reasons.

One is I'll be moving around looking through a view findder and it gets caught on things like chairs and cables.

The other is that I'll be there as media. The board can't keep the media out nor can they prohibit my gun...but they can restrict the media to certain parts of the room.

I've found that I am much less restricted if I am not wearing a gun.
 

DrMark

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Remember, audible responses to speakers are considered being out of order, are frowned upon by the Board, and are generally bad form. The facts and logic are on our side. We don't need a "yeah!" or clapping after a rousing pro speaker, or a groan or dirisive laugh after an anti speaker.

Hope to see many of you there tonight!
 
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