Frankilin County, VA from their Code of Conduct re parks/rec/sportsmanship

TFred said:

I would simply ask him to cite the statute that expressly authorizes their ordinance.

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+1. That seems like it would be a good approach...

First Posting...

Hi Everyone, I've been looking at this site for some time now and have finally decided to join and post to the forums.

I am a resident of Franklin County, VA and the interpretation by Jim Jefferson, my counties attorney, troubles me because I believe he is clearly either giving incorrect legal interpretation of the law or Michael Burnette never spoke to Jim Jefferson and hopes a quick email will be taken as the truth and the matter not brought up again. (That's how it works with so many things in my county. I promise I won't get started on building permits:banghead

Of course, Jim Jefferson could be anti-OC or anti-gun altogether, therefore giving incorrect legal advise to county employees based on personal beliefs and not actual State Law. I too would like to know what statute expressly authorizes this ordinance. If there actually is a statute that expressly authorizes this ordinance I will gladly stand corrected and then work to have the statute removed from law.

Here is Jim Jefferson's contact information...

James B. Jefferson
5 E. Court St. #101
Rocky Mount, VA 24151
(540) 483-7475

Revolver said:

Hi Everyone, I've been looking at this site for some time now and have finally decided to join and post to the forums.

I am a resident of Franklin County, VA and the interpretation by Jim Jefferson, my counties attorney, troubles me because I believe he is clearly either giving incorrect legal interpretation of the law or Michael Burnette never spoke to Jim Jefferson and hopes a quick email will be taken as the truth and the matter not brought up again. (That's how it works with so many things in my county. I promise I won't get started on building permits:banghead

Of course, Jim Jefferson could be anti-OC or anti-gun altogether, therefore giving incorrect legal advise to county employees based on personal beliefs and not actual State Law. I too would like to know what statute that expressly authorizes this ordinance. If there actually is a statute that expressly authorizes this ordinance I will gladly stand corrected and then work to have the statute removed from law.

Here is Jim Jefferson's contact information...

James B. Jefferson
5 E. Court St. #101
Rocky Mount, VA 24151
(540) 483-7475

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Welcome to OCDO!

Of course there is no statue that authorizes this local ordinance*. We could speculate all day on why the attorney responded as he did... but yes, apparently more pressure will be needed.

TFred

* If there was, then every anti-gun city/county/town in the state would have such laws, and the preemption statute would be worthless.

Revolver said:

Hi Everyone, I've been looking at this site for some time now and have finally decided to join and post to the forums.

I am a resident of Franklin County, VA and the interpretation by Jim Jefferson, my counties attorney, troubles me because I believe he is clearly either giving incorrect legal interpretation of the law or Michael Burnette never spoke to Jim Jefferson and hopes a quick email will be taken as the truth and the matter not brought up again. (That's how it works with so many things in my county. I promise I won't get started on building permits:banghead

Of course, Jim Jefferson could be anti-OC or anti-gun altogether, therefore giving incorrect legal advise to county employees based on personal beliefs and not actual State Law. I too would like to know what statute expressly authorizes this ordinance. If there actually is a statute that expressly authorizes this ordinance I will gladly stand corrected and then work to have the statute removed from law.

Here is Jim Jefferson's contact information...

James B. Jefferson
5 E. Court St. #101
Rocky Mount, VA 24151
(540) 483-7475

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Welcome to OCDO.

As a Franklin county res you might consider contacting the park dir and the City Atty and express your concerns.
I'm not a res. of that county nor do I plan to be one, but I view this as a problem.

IMHO, I believe when these things are discovered all freedom loving citizens should contact the offfending public servant/s and express our displeasure, especially when they are slow to act or knowingly drag their feet.






From: Marco
Sent: Thu 5/19/11 7:48 AM
To: mburnette@franklincountyva.org
Cc: chapgood@franklincountyva.org; ehunt@franklincountyva.org; larrymoore@franklincountyva.org; rhuff@franklincountyva.org



Mr Burnette,

I appreciate you getting back to me.
Since you didn't provide me with Mr. Jefferson's email and I can't seem to find one on Frankiln Counties website could you please pose this question to him or forward our emails to him.

I would simply ask him to cite the statute that expressly authorizes the counties ordinance.

Taken from 15.2-915:
"A. No locality shall adopt or enforce any ordinance, ... governing the ... carrying ... of firearms ... other than those expressly authorized by statute."

C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.


A link to 15.2-915 is provided.


Thanks,
Marco

Agent19 said:

Subject: RE: parks and rec
Date: Mon, 23 May 2011 13:39:48 -0400
From: mburnette@franklincountyva.org
To: ispyonsincity@hotmail.com
CC: CHapgood@franklincountyva.org; ehunt@franklincountyva.org; larrymoore@franklincountyva.org; rhuff@franklincountyva.org


Mr. M –



I forwarded your email to Mr. Jefferson and then followed up with a telephone conversation. His opinion as relayed to me has not changed. He asked me to send you his contact information so that you could talk to him directly on this matter. He can be reached at 540-483-7475. If I can be of any further help, please let me know. Thanks.



Mike



Michael Burnette
Director
Commerce & Leisure Services
County of Franklin, Virginia
1255 Franklin Street
Rocky Mount, Virginia 24151
540.483.3030 (office)
www.franklincountyva.org

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Got this email.
I will contact the attorney via email.

Agent19 said:

I will contact the attorney via email.

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Awaiting reply from their lawyer.

I'm only guessing here, but it seems that it would strengthen the argument if there was some case law to back up our arguments. Is there, that anyone knows of, any case law where a person has had a summary judgment with a settlement amount?

nuc65 said:

I'm only guessing here, but it seems that it would strengthen the argument if there was some case law to back up our arguments. Is there, that anyone knows of, any case law where a person has had a summary judgment with a settlement amount?

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I don't think it's ever come to that... apparently we've found the first idiot county attorney who can't read a law...

TFred

TFred said:

I don't think it's ever come to that... apparently we've found the first idiot county attorney who can't read a law...

TFred

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Not the first county lawyer that can't read or understand laws (see Skidmark & Surry County), and probably not the last... They definitely need educatin' though!