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Thread: Code of Virginia question: Chapters vs. Sections

  1. #1
    Regular Member TFred's Avatar
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    Code of Virginia question: Chapters vs. Sections

    While taking a closer look at the air-gun code change, I discovered this curious thing.

    The new bill was passed in "Chapter 832 - An Act to amend and reenact 15.2-915.4 of the Code of Virginia, relating to localities regulation of pneumatic guns."

    The Chapter has two paragraphs, 1. and 2.

    Paragraph 1 describes the change in the text of the appropriate section of code, 15.2-915.4.

    Paragraph 2 says this (read just the bold for the important parts): "That notwithstanding any other provision of law, general or special, any local ordinance adopted prior to the effective date of this act that {doesn't satisfy this new law...} prohibits the use of pneumatic guns on or within private property with permission of the owner or legal possessor of the property when conducted with reasonable care to prevent a projectile from crossing the bounds of the property shall be invalid.

    Now here's my observation and question:

    Paragraph 2, which invalidates any prior laws that are not compatible with the change, does not appear anywhere within the actual "Code of Virginia". So if one were to search that code from front to back, they would not see that the consequence of not updating local ordinances is to render them invalid. That's a rather important bit of information to know. What it means is that for these places that are reluctant or who wish to not bring their local ordinance into compliance, they are actually invalidating the ordinance they do have on the books at this time.

    How would one most efficiently and directly search for things like this concerning other laws or subjects that may be important to us?

    TFred

  2. #2
    Regular Member ProShooter's Avatar
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    Wait...I'm searching

    ETA - ok, I'm lost....dont see it
    Last edited by ProShooter; 09-16-2011 at 04:18 PM.
    James Reynolds

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  3. #3
    State Researcher
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    While I'm sure user could chime in, the second enactment of Chapter 832 of the Acts of Assembly of 2011 is an uncodified part of the act. However, whether codified or not, it is law. While it may not appear on the version of the Code of Virginia on the General Assembly's web site, this uncodified enactment will likely be printed as part of the annotations following Va. Code 15.2-915.4 in Lexis-Nexis, Westlaw, and other online legal research services lawyers & judges commonly use as well as the printed versions of the pocket parts and eventually replacement volumes of the printed statute books used by those who still keep a few real books on the shelves in their offices.
    Last edited by JimMullinsWVCDL; 09-17-2011 at 12:49 PM.
    James M. "Jim" Mullins, Jr., Esq.
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  4. #4
    Regular Member TFred's Avatar
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    Thanks! Just when you think you start to get a handle on this stuff... More to learn!

    TFred

    ETA: After I had some time to look, sure enough, if you pull up the new section in the Code of Virginia, there is an indexed link at the bottom to Chapter 832. I guess I (and we) should pay closer attention to those links.

    The important point is that I never realized there was additional, and possibly very important information in those links that was not included in the code itself. I always thought they were just a reference to the session(s) during which the code was amended along the way.
    Last edited by TFred; 09-16-2011 at 11:04 PM.

  5. #5
    Accomplished Advocate user's Avatar
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    I sent the Code Commission an email (helpdesk@dlas.virginia.gov) alerting them to the error - I suggest others do the same, you can use the language I wrote if you like:

    "Reporting of Va. Code 15.2-915.4 is in error, probably because the bill re-enacting the section included a paragraph labelled "2", on the apparent assumption that paragraphs A through E were subsection "1". However, even in the absence of a specific designation for subsection "1", subsection "2" is part of the statute and ought to be reported."
    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.

  6. #6
    Activist Member Wolf_shadow's Avatar
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    Quote Originally Posted by user View Post
    I sent the Code Commission an email (helpdesk@dlas.virginia.gov) alerting them to the error - I suggest others do the same, you can use the language I wrote if you like:

    "Reporting of Va. Code 15.2-915.4 is in error, probably because the bill re-enacting the section included a paragraph labelled "2", on the apparent assumption that paragraphs A through E were subsection "1". However, even in the absence of a specific designation for subsection "1", subsection "2" is part of the statute and ought to be reported."
    Done Thanks User.

  7. #7
    Regular Member TFred's Avatar
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    Clearly a case in point for "Even a blind squirrel finds a nut once in a while..."

    I'm still a little confused, but I can live with that.

    TFred

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