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New Virginia Gun Laws Take Effect July 1st

John Pierce

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While this has been a landmark year for gun rights across the country with Wisconsin passing a carry bill and Wyoming moving to constitutional carry, Virginia continues to lead the way by passing pro-gun bills at an astonishing rate. Lead by the tireless efforts of the Virginia Citizens Defense League, Virginia gun owners have much to look forward to on July 1st such as ....

http://monachuslex.com/?p=65
 

TFred

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We are discovering that quite a few local ordinances are on the books that prohibit or restrict the discharge of BB or air guns.

Some have been in the news, while most are probably not even aware of the issue.

Steps are already under way to correct Fredericksburg. Spotsylvania is also probably in the process, or will be soon.

If everyone took a look at their own locality, we'd probably be able to get a good start on finding and correcting these soon-to-be preempted local ordinances.

Municode is a good place to start!

ETA: Good search terms to use are "BB", and "pneumatic". Also make sure these types of guns are not lumped in with regular firearms for regulation of discharge.

TFred
 
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peter nap

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While this has been a landmark year for gun rights across the country with Wisconsin passing a carry bill and Wyoming moving to constitutional carry, Virginia continues to lead the way by passing pro-gun bills at an astonishing rate. Lead by the tireless efforts of the Virginia Citizens Defense League, Virginia gun owners have much to look forward to on July 1st such as ....

http://monachuslex.com/?p=65

Good post John!

And I'd like to add that while I often disagree with the direction some bills take, Philip is ALWAYS at the GA with other VCDL members to voice their opinions.

In my book, that adds up to tireless effort.
Thanks Philip!
 

Dutch Uncle

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I want to Second Peter's comments. I am certainly proud to have been an active VCDL member for some years now, and I have great respect for the hard work and diligence that Philip Van Cleave has put forth. We can thank Phil and the board members for making VCDL the single most effective gun rights organization in the Commonwealth, as well as a nationally known entity. VCDL has provided all of us with tremendous leverage to protect and expand our rights! Likewise, John and Mark have done a great job putting OC on the political map nationwide, and have made me proud to be a member of this group!
 
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77zach

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How far away is Va from seeing an end to the permit requirement to conceal a weapon? Any serious push on that front? People don't become homicidal maniacs when they put on a jacket.
 

Glockster

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Add Virginia Beach to that list.



Sec. 38-3. - Discharge of firearms, air guns, etc.

(a)
It shall be unlawful for any person to discharge any firearm, spring-propelled rifle or pistol or air-propelled rifle or pistol, from or across any land or water north or west of the trace of the line beginning at the intersection of North Landing Road and the Chesapeake-Virginia Beach city boundary line; thence northwardly along North Landing Road to Indian River Road; thence eastwardly along Indian River Road to New Bridge Road; thence northeastwardly along New Bridge Road to Sandbridge Road, thence eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean, or across any land north of False Cape State Park and east of Shipps Bay and Point Creek. This prohibition shall not apply to shotguns discharging pellets under the following conditions:
(1)
On land that is fifty (50) acres or more of contiguous area, or less than fifty (50) acres of contiguous area south of the trace of the line beginning at the intersection of Elbow Road and the Chesapeake-Virginia Beach city boundary line; thence northeastwardly along Elbow Road to Salem Road; thence southeastwardly along Salem Road to North Landstown Road; thence northeastwardly along Landstown Road to Princess Anne Road; thence southeastwardly along Princess Anne Road to Sandbridge Road; thence eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean; and
(2)
Under one (1) ownership; and
(3)
Used primarily for agricultural purposes; and
(4)
The landowner has applied for an annual permit from the city manager to use his property for this purpose, which permit shall be granted by the city manager if the applicant meets the requirements of this section; and
(5)
The person discharging a shotgun as herein set forth shall, at all times while engaged in such activity, have in his possession written permission from the landowner to discharge such weapon on the premises; and
(6)
All permits shall expire on the next June 30 after the date of issuance.
(b)
Notwithstanding the provisions of subsection (a)(4) above, no permit shall be issued to a landowner if it is determined by the city manager or his duly authorized agent that the issuance of such permit would be detrimental to the public safety, and any permit that has been issued and is in effect may be revoked by the city manager if it is determined by the city manager or his duly authorized agent that conditions have changed since the date of issuance of the permit that cause the continued use of the land for the permitted purpose to be detrimental to the public safety.
(c)
It shall be lawful to discharge firearms of .22-caliber or less south of the trace line enumerated in subsection (a) subject to the provisions of this section. It shall be unlawful to discharge any firearms greater than .22-caliber any place within the city; provided, however, that muzzleloading rifles using a charge of black powder or black powder equivalent may be used to hunt deer during the open season prescribed therefor by the Department of Game and Inland Fisheries south of the trace of the line described in subsection (a)(1). For purposes of this section, a muzzleloading rifle shall mean a single-shot flintlock or percussion rifle, .45 caliber or larger, firing a single lead projectile or sabot with a .38 caliber or larger nonjacketed lead projectile of the same caliber loaded from the muzzle of the weapon and propelled by at least fifty (50) grains of black powder or black powder equivalent.
(d)
Notwithstanding any other provisions of this section, it shall be unlawful for any person to discharge any firearm, spring-propelled rifle or pistol, or air-propelled rifle or pistol from, on, across or within one hundred fifty (150) yards of any building, dwelling, street, sidewalk, alley, roadway or public land or public place within the city limits.
(e)
The prohibitions of this section shall not apply to the operation of a shooting event that is sponsored by an organized group, provided, the written approval of the chief of police as to the safety and location of the event is obtained prior to the event.
(f)
Nothing in this section shall be construed to prohibit the discharge of firearms and other weapons by (1) law enforcement officers; (2) military personnel; or (3) federal, state or local government animal or fowl management agency agents in the city as part of authorized training or in the performance of their duties.
(g)
A violation of any provision of this section shall constitute a Class 1 misdemeanor.
(Code 1965, § 38-2; Ord. No. 1107, 10-20-80; Ord. No. 1220, 9-14-81; Ord. No. 1332, 9-27-82; Ord. No. 1622, 9-15-86; Ord. No. 1624, 9-29-86; Ord. No. 2525, 4-6-99; Ord. No. 3084, 5-26-09)
State law reference— Authority of city to regulate or prohibit discharge of firearms, Code of Virginia, § 15.1-865; discharging firearms in streets or public places, §§ 18.2-280, 18.2-286.




We are discovering that quite a few local ordinances are on the books that prohibit or restrict the discharge of BB or air guns.

Some have been in the news, while most are probably not even aware of the issue.

Steps are already under way to correct Fredericksburg. Spotsylvania is also probably in the process, or will be soon.

If everyone took a look at their own locality, we'd probably be able to get a good start on finding and correcting these soon-to-be preempted local ordinances.

Municode is a good place to start!

ETA: Good search terms to use are "BB", and "pneumatic". Also make sure these types of guns are not lumped in with regular firearms for regulation of discharge.

TFred
 

thebigsd

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I continue to see gun rights expanding in Virginia. I have only been carrying for four years and every year there have been less restrictions on my right to carry. I have been a member of VCDL and I thank them and Philip for their tireless efforts to keep us all informed and involved. Now with McDonnell in office I see just about anything pro gun-related that the GA passes getting signed into law
 

TFred

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How far away is Va from seeing an end to the permit requirement to conceal a weapon? Any serious push on that front? People don't become homicidal maniacs when they put on a jacket.

I continue to see gun rights expanding in Virginia. I have only been carrying for four years and every year there have been less restrictions on my right to carry. I have been a member of VCDL and I thank them and Philip for their tireless efforts to keep us all informed and involved. Now with McDonnell in office I see just about anything pro gun-related that the GA passes getting signed into law
Ok, I hate to be the Gloomy Gus... but we all need to know about this at every chance we have to spread the word.

You will not find a bigger fan of VCDL than me. They (we) do great work.

I've said this before, and I will continue to say it until someone can convince me it's wrong:

"Until we defeat the Democratic majority in the Senate, we will never see another significant pro-gun bill passed in the state of Virginia."

At this point, the two sides (the pro-gun groups such as VCDL, and the anti-gun nuts, the big-city Democrat Senators) are operating on two different fields of play.

"We" are following the rules of law. We lobby, we ask for support, we argue our positions, we convince people to agree with us.

"They" cheat.

It is quite literally that simple.

The Senate Democrats have, in the past two General Assembly sessions, created a subcommittee with one purpose, to kill bills that would otherwise pass, in direct violation of the Rules of the Senate. Last year after "losing" the defeat of the Restaurant Carry bill, they threw in the towel of the legal effort, and adopted the illegal effort. Seeing no consequence to this action last year, they repeated it again this year, and I submit that as long as Saslaw and Marsh are in positions of leadership, they will continue to do it.

Until something happens to stop this, all significant pro-gun legislation in the state of Virginia is dead.

Please, someone convince me that I'm wrong.

TFred
 

peter nap

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You are wrong TFRed. We only need to defeat one Dem and that's Saslaw. Marsh's health keeps getting worse and he'll die soon.

McDonnell isn't anti but contrary to opinion, he isn't all that pro either.

Bill Bolling could put a stop to the Death Star in an instant but won't, so he needs the boot too.

Sooooo IMO, we need to get rid of Saslay, Bolling on the Republican side and wish Marsh bon voyage.
 

TFred

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You are wrong TFRed. We only need to defeat one Dem and that's Saslaw. Marsh's health keeps getting worse and he'll die soon.

McDonnell isn't anti but contrary to opinion, he isn't all that pro either.

Bill Bolling could put a stop to the Death Star in an instant but won't, so he needs the boot too.

Sooooo IMO, we need to get rid of Saslay, Bolling on the Republican side and wish Marsh bon voyage.
Believe it or not, that does make me feel better.

But until those things happen, we are dead in the water.

Wikipedia tells me that Saslaw last won in 2007, with nearly 78% of the vote, in a district that the Republicans didn't even run a candidate. That part doesn't make me feel good at all.

TFred
 

MSC 45ACP

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So maybe Saslaw will have to die of old age before he's replaced, too? How sad.
I remember dating a girl that voted dumbocrap just because her parents did.
I asked why they did and they said "because we always have".
I never went out with her again... Is stupidity hereditary?
Too bad it isn't painful.
 

Thundar

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You are wrong TFRed. We only need to defeat one Dem and that's Saslaw. Marsh's health keeps getting worse and he'll die soon.

McDonnell isn't anti but contrary to opinion, he isn't all that pro either.

Bill Bolling could put a stop to the Death Star in an instant but won't, so he needs the boot too.

Sooooo IMO, we need to get rid of Saslay, Bolling on the Republican side and wish Marsh bon voyage.

We've been screwed by the Cooch many times already. Wouldn't mind seeing him with a pink slip.
 

peter nap

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I hope we get college carry soon.. Love to see ODU crime go down.

As TFred pointed out, some changes need to happen first.

I'm not on McDonnell's Christmas card list because I've been pretty blunt about VDOF, gotten emails he wanted to keep private, Etc....but I still have my contacts. They tell me VCDL is doing a lot of pushing for some administrative changes.

Unless the elections go in a different direction than I think they will, that's the best possible route they can take this year.
 

TFred

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We only need to defeat one Dem and that's Saslaw.

Wikipedia tells me that Saslaw last won in 2007, with nearly 78% of the vote, in a district that the Republicans didn't even run a candidate.
With Saslaw's margin of victory, it may very well be easier to defeat 3 Democratic Senators that barely won their race than 1 Saslaw, who didn't even have a serious opponent. (In 2007 an "Independent Green" candidate picked up almost 21%, probably a record for that party.)

TFred
 

TFred

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Most historic town in, Virginia, USA
I spoke with the Fredericksburg City Attorney about the change in the air gun law. She mentioned that they do get a notice every year about the new laws, but she was puzzled that she hadn't seen that one.

If this link is the same notice that went out to all the local jurisdictions, that could go a long way toward explaining why none of them have changed their ordinances yet, it doesn't appear to mention that new law at all!

TFred
 
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peter nap

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I spoke with the Fredericksburg City Attorney about the change in the air gun law. She mentioned that they do get a notice every year about the new laws, but she was puzzled that hadn't seen that one.

If this link is the same notice that went out to all the local jurisdictions, that could go a long way toward explaining why none of them have changed their ordinances yet, it doesn't appear to mention that new law at all!

TFred

The Department of Legislative Services put it out TFred. I haven't looked it over really well yet but it isn't nearly complete considering the quantity of new laws going in. Like most state agencies, they don't do any more than necessary to...just get by.

Not on the list and something for everyone to watch out for.....Rolling through a right turn on red will be Reckless Driving.
 
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