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Thread: Carry on State Property

  1. #1
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    Carry on State Property

    Hopefully this hasn't been discussed here before.. But I notice on my way to Leesburg on 7 EB, right where the FAA property is, there is a sign on the side of the road that says "No weapons allowed on State property". Has anyone else seen this? Is this legal?

    Thanks.

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    I haven't seen the sign but I work at that FAA building. I do know the grass on the north side of the fence is maintained by the FAA.

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    Campaign Veteran skidmark's Avatar
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    Unfortunately the commonwealth has not (yet - we're working on it) written itself into preemption and has a great hodge-podge of laws and regulations about what you can do on any specific bit of ground owned by the state.

    Regardless of that, the FAA is a federal agency and cannot make rules regarding state property. Well, they can but they are not supposed to and if called on it will probably have to pull back their rule.

    Next time you are near that sign stop and take a picture of it. Look to see if there is some small print designating who put it up or what aurgority they cite for the statement of no guns allowed.

    Inquiring minds want to know.

    stay safe.

  4. #4
    Founder's Club Member - Moderator ed's Avatar
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    That "Washington Center" is Federal Property. So is half the terminal at Leesburg (JYO) airport. They probably just did not have the correct sign.
    Carry On.

    Ed

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    thanks

    Thanks for the replies. I'll see if I can get a picture sometime. Thanks for the JYO info, Ed, I never realized that.

    skidmark - how is it that they can prohibit weapons on State property, when it isn't mentioned in the law? Can they arbitrarily start putting up signs in other state owned facilities, such as ABC stores?

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by G26-VA View Post
    skidmark - how is it that they can prohibit weapons on State property, when it isn't mentioned in the law? Can they arbitrarily start putting up signs in other state owned facilities, such as ABC stores?
    That's just it, they aren't mentioned.
    A state agency is NOT a subdivision of the state, they are the state and are not on the list.

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by G26-VA View Post
    Thanks for the replies. I'll see if I can get a picture sometime. Thanks for the JYO info, Ed, I never realized that.

    skidmark - how is it that they can prohibit weapons on State property, when it isn't mentioned in the law? Can they arbitrarily start putting up signs in other state owned facilities, such as ABC stores?
    To go a bit further than Peter Nap's response above - state law lists the things you may not do, not the things you may do. Thus, if it's not forbodden it must be allowed (almost went with "permitted" but realized the difference in meaning between the two words is in fact important).

    As to your inquiry about putting up signs willy-nilly -- I present the atrocities committed in the Virginia Administrative code by GMU and VCU.

    stay safe.

  8. #8
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    I saw the sign mentioned this morning on my way into work. The location is NOT FAA property. That "gate" is the backside of VDOT. I haven't seen a similar sign on the "other" side.
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  9. #9
    Regular Member wylde007's Avatar
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    Exclamation

    Quote Originally Posted by skidmark View Post
    Unfortunately the commonwealth has not (yet - we're working on it) written itself into preemption and has a great hodge-podge of laws and regulations about what you can do on any specific bit of ground owned by the state.
    Part of the validation is the code section in which the preemption statute appears.

    Similar codes for zoning and subdivision as authorized by the state unto the independent towns/cities/municipalities are all found under Title 15.2.

    If there was going to be a state-level preemption statute it would probably have to be entered under Title 9.1 or along those lines.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
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    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    Thanks! Maybe I've misunderstood the law for awhile... I know localities can't enact laws that prohibit firearms because of preemption. Can the state prohibit firearms in public buildings, without specific laws being enacted? So, they can put up signs in places like state hospitals, DMV, ABC stores, state police stations, etc?
    Last edited by G26-VA; 07-09-2011 at 10:59 AM.

  11. #11
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by G26-VA View Post
    Thanks! Maybe I've misunderstood the law for awhile... I know localities can't enact laws that prohibit firearms because of preemption. Can the state prohibit firearms in public buildings, without specific laws being enacted? So, they can put up signs in places like state hospitals, DMV, ABC stores, state police stations, etc?
    As a matter of fact, they can. As another matter of fact, some of them do. Sometimes they use the Virginia Administrative Code (GMU & VCU), and sometimes they just put up signs (UVa most recently), while a few of them (Depts. of Corrections & Juvenile Justice) have stuff in the Code of Virginia controlling firearms on their facilities (mostly you can't, but there are exceptions for hunting).

    stay safe.

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