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Thread: Virginia Tech Responds to AG Opinion on ‘No Guns’ Policy

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    Administrator John Pierce's Avatar
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    Virginia Tech Responds to AG Opinion on ‘No Guns’ Policy

    In my latest article, I take an in-depth look at the Virginia Administrative Process Act and how Virginia Tech and other state universities are given far too much leeway in the regulatory arena.

    http://monachuslex.com/?p=107

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    Regular Member t33j's Avatar
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    I intend to be at every public comment session I am able to make regarding any VAC proposals prohibiting arms...
    Sic Semper Tyrannis

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    Regular Member Neplusultra's Avatar
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    My biggest issue with this is how can a state agency violate a state constitutional right? Period? On what principle do they anchor that notion?

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    Quote Originally Posted by Neplusultra View Post
    My biggest issue with this is how can a state agency violate a state constitutional right? Period? On what principle do they anchor that notion?
    They now do it with the GMU decision that the prohibition does not violate the Virginia Constitution, nor does it violate the US Constitution using some of the wording of the McDonald case which referred to the assumption that the case went forward with the assumption that prohibitions on the carrying of firearms is acceptable in places that are sensitive, which GMU supposedly is.

    To get rid of this opinion the GMU decision would need to be appealed to the federal government as a US Contitutional issue or someone needs to challenge whether the authority to write regulations includes the authority to write firearm law regulations as part of the need for regulations for an agency to operate.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by t33j View Post
    I intend to be at every public comment session I am able to make regarding any VAC proposals prohibiting arms...
    The significant point that John makes in his blog is that there will be no public comments, no legislative or Gubernatorial review, nor any interaction from the public at all for these rule changes. It appears that this is going to happen in the complete absence of public accountability.

    If that doesn't wake up the General Assembly to reign in these rogue agencies, nothing will.

    TFred
    Last edited by TFred; 07-15-2011 at 02:23 PM.

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    Regular Member 2a4all's Avatar
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    In his opinion, the AG questioned the wisdom of such (GFZ) rules with a solid inference to the VT Massacre as an example. Yet these officious buffoons are still convinced that the solution is to rewrite their policy as law.

    Indeed the Emperor has no clothes
    Last edited by 2a4all; 07-15-2011 at 06:14 PM.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

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    Regular Member TFred's Avatar
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    It would seem to me that a massive publicity campaign is in order.

    We have what is likely to end up being most, if not all public colleges and universities in the state planning to enact "regulations" which act as the force of law, affecting every citizen in the state, without one sliver of public input or oversight.

    This flies in the face of a society that is built upon the foundation of self-governance.

    TFred

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    Lone Star Veteran Hokie's Avatar
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    What does it take to create a duty to protect?

    To me saying you do not need to defend yourself we will do it or as he said ”Virginia Tech has a very sound policy preventing same.” equals you have a duty to protect, so VT will be responsible for not preventing crime when it happens.
    "Capitalism and communism stand at opposite poles. Their essential difference is this: The communist, seeing the rich man and his fine home, says: 'No man should have so much.' The capitalist, seeing the same thing, says: 'All men should have as much.'"- Phelps Adams

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    Regular Member ocholsteroc's Avatar
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    Quote Originally Posted by Hokie View Post
    What does it take to create a duty to protect?

    To me saying you do not need to defend yourself we will do it or as he said ”Virginia Tech has a very sound policy preventing same.” equals you have a duty to protect, so VT will be responsible for not preventing crime when it happens.
    Hm this reminds me of, if there was a major car wreck on a road, 30+ people died, no seat belts worn or where not allowed to be in cars(use this for example) then someone comes out and say, this was tragic accicent, we will not allow seat belts in cars.

    In other words, people should not be allowed to take precautions.
    Last edited by ocholsteroc; 07-20-2011 at 03:32 AM.
    How come a DUI you can get your driver licence back, which it is a privilege. But if commiting a felon, even something non violent like stealing, you are denied your constitutional rights for the rest of your life?
    If you don't support the Second Amendment to the Constitution, what other parts of the Constitution do you reject?
    More restrictions on guns? how about restrictions on chainsaws and knives?

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    Founder's Club Member - Moderator ed's Avatar
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    I asked the AG about this yesterday and he said he knew this was going to happen and that the place to "fix" it is in the general assembly.
    Carry On.

    Ed

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by ed View Post
    I asked the AG about this yesterday and he said he knew this was going to happen and that the place to "fix" it is in the general assembly.
    And the AG is correct.

    While not a slam-dunk by any means, there are only a few "heavy hitters" we need to displace in order to bring this about.

    Mind a suggestion? Follow up with all the candidates and see that they answer the VCDL candidate survey, and that they use complete sentences instead of "Yes/No" responses. Go to wherever they are and press them for their views. (Personally I do not recommend getting into a debate there & then with the candidate, but do look for the press that you can entertain with a Q&A session of your own on why the issue is important.)

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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    Regular Member TFred's Avatar
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    This is just my "armchair quarterback" opinion... but the way I see it, the only way we are going to make any progress in the near future is to change the majority of the Virginia Senate, so that Saslaw and Marsh are removed from their positions of power.

    VCDL needs to be telling us who are the weakest 3 or 4 incumbent Democrat Senators, and concentrate all efforts on getting those seats switched. Their individual stances on any issue (including gun rights) is meaningless. Just by being Democrats, they enable the leadership that will continue to thwart the will of the people and deny any significant improvement in gun legislation in Virginia.

    Politics is politics. Sometimes you have to do what it takes to win.

    TFred

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    Accomplished Advocate user's Avatar
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    Quote Originally Posted by Neplusultra View Post
    My biggest issue with this is how can a state agency violate a state constitutional right? Period? On what principle do they anchor that notion?
    You may have heard the old adage that begins with the phrase, "Why does the dog..."
    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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    Regular Member Neplusultra's Avatar
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    Quote Originally Posted by user View Post
    You may have heard the old adage that begins with the phrase, "Why does the dog..."
    I tend to think it is just that they disagree with the VA Consitution and do what they want anyway. Just as Bill Clinton suggests in this news article; http://www.cbsnews.com/8301-503544_1...35-503544.html

    It would seem to me to just be a straight up court case that almost anyone would have standing in ala Heller.

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    Regular Member justin0829's Avatar
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    I find, for myself, the most irritating aspect of "public entities" stripping people of their rights is the fact that they do so with your money. Think about it. The only thing that allows their miserable existance is that you and I trade our abitlities, intellligence, and time with another therby creating production with gives us the neat little "certificates" that are suppose to verify our production's worth to society in order to be freely exchanged (supposedly willingly) with another for what they produce that we need or want. These certificates, however, are scraped from the top of what is owed to us for our efforts to pay for "public interests". Then from there are distributed and allocated at the whim of a complete stranger, and unfortunately is spent in many cases on things you or I neither care for or ever use for that matter. So for ANY public entity to exist and then presume to take away my personal liberties is insult to injury in it's highest form and should not be tolerated. As bad as it sounds, it has become clear to me some time ago that a lot of the problem lies in the fact that so many, because of their positions and actions, do not deserve the liberties once afforded them by our ancestors. Am I wrong in thinking this? That those that would intentionally strip others of their freedoms, knowing full well what the premises of their actions are, are nothing more than criminals and deserve nothing less than incaceration? I will concede complete ignorance as an excuse, but that usually is only valid for your average person who hasn't necessarily been shown or have seen the light, so to speak. I, however, would have a very hard time believing that those in "positions of power" are so ignorant in these things.
    "Any society that would give up a little liberty to gain a little security will deserve neither and lose both.”

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