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Code of Virginia question: Chapters vs. Sections

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
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
 

JimMullinsWVCDL

State Researcher
Joined
Jan 25, 2007
Messages
676
Location
Lebanon, VA
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.
 
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TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
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.
 
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user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
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."
 

Wolf_shadow

Activist Member
Joined
Jul 5, 2006
Messages
1,215
Location
Accomac, Virginia, USA
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.
 
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