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Unemployment Office Gottcha

Grapeshot

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
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paramedic70002 said:
I thought there was a thread a while back that settled this debate. IIRC the VEC DOES have a regulation against firearms. Anybody better in the know than I am here?
Click to expand...

A cite would be nice on that proported regulation.

Then there is this:
"Virginia Employment Commission policy prohibits weapons on its
premises. Anyone observed with or believed to have a weapon may be
refused services and asked to leave the premises. Any incident
involving the possession of a weapon on VEC property may be reported
to local law enforcement.authorities.

"Thank you for your cooperation.
VEC
Virginia Employment Commission"

An email to the manager of the Radford Workforce office requesting a
citation of the statutory authority for such a policy quickly
percolated up to the VEC in Richmond, resulting in several phone calls
from Sam Lupica, COO of the VEC, in which he confirmed the language
above was, indeed, the "official VEC policy".

I made several requests for a citation of statutory authority, but
they went unanswered amid a flurry of assertions that the VEC
"possessed certain [unspecified] police powers", and that the VEC's
"counsel in the Atty General's office" had OK'd the policy. I said
that I remained unconvinced of its legality, and was "considering
further action."

The next day, January 28th, I received another call from COO Lupica
stating that the Atty General's office had just informed him that
VEC's "no weapons policy" was legally "untenable", and he assured me
that all the signs would be removed.
Click to expand...
http://www.defensivecarry.com/forum...irginia-employment-commission-signs-down.html
 
.40S&W

.40S&W

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earth
peter nap said:
That's true but this an OC board and as much as the CHiPpers would like it to be a "Get a CHP so you can OC and play Dress Up, it isn't!
Click to expand...


Glad to know you are the final say on this. I was confused at first.
 
C

cyras21

Regular Member
Joined
Apr 5, 2007
Messages
152
Location
Stepehens City, VA
peter nap said:
That was what I was getting at.
While I applaud the OP for handling it well, it's always good to have your facts traight before you argue them.
Click to expand...

Now I am confused. You're alluding that preemption doesn't apply to the VEC as it's a State Agency yet there are many posts about people standing their ground at the DMV which is also a State Agency. So....what's the difference? What am I missing?
 
Grapeshot

Grapeshot

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cyras21 said:
Now I am confused. You're alluding that preemption doesn't apply to the VEC as it's a State Agency yet there are many posts about people standing their ground at the DMV which is also a State Agency. So....what's the difference? What am I missing?
Click to expand...

There is no alluding to preemption not referring to state agencies - it does not.

At this point in time such state agencies can set their own restrictions. If in the form of a resolution, properly accomplished, it then has the force of law. There has been a very high level of desire to incorporate these agencies with the preemption statute § 15.2-915.

That certain departments/agencies have been caused or decided to honor the right to possess self-defense tools within their confines has not been accomplished through the GA. Our Governor Bob McD has assisted in select instances.

DMV has not chosen to pursue a resolution regarding this - therefore guns are permitted because of the absence of such. When an over zealous security officer would try to restrict an individual from carrying there, he/she quickly found that they were lacking the prerequisite authority.
 
peter nap

peter nap

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Grapeshot said:
There is no alluding to preemption not referring to state agencies - it does not.

At this point in time such state agencies can set their own restrictions. If in the form of a resolution, properly accomplished, it then has the force of law. There has been a very high level of desire to incorporate these agencies with the preemption statute § 15.2-915.

That certain departments/agencies have been caused or decided to honor the right to possess self-defense tools within their confines has not been accomplished through the GA. Our Governor Bob McD has assisted in select instances.

DMV has not chosen to pursue a resolution regarding this - therefore guns are permitted because of the absence of such. When an over zealous security officer would try to restrict an individual from carrying there, he/she quickly found that they were lacking the prerequisite authority.
Click to expand...

What you said !
 
C

cyras21

Regular Member
Joined
Apr 5, 2007
Messages
152
Location
Stepehens City, VA
Grapeshot said:
There is no alluding to preemption not referring to state agencies - it does not.

At this point in time such state agencies can set their own restrictions. If in the form of a resolution, properly accomplished, it then has the force of law. There has been a very high level of desire to incorporate these agencies with the preemption statute § 15.2-915.

That certain departments/agencies have been caused or decided to honor the right to possess self-defense tools within their confines has not been accomplished through the GA. Our Governor Bob McD has assisted in select instances.

DMV has not chosen to pursue a resolution regarding this - therefore guns are permitted because of the absence of such. When an over zealous security officer would try to restrict an individual from carrying there, he/she quickly found that they were lacking the prerequisite authority.
Click to expand...

OK...kind of the same BS with the college carry, policy vs regulation. Thanks.

Now, is there somewhere to see which Agencies have taken the necessary steps to ban weapons. Would this be found in VA code or within the Agencies regulation?

Sure would be nice if all recognized and honored our 2nd Amendment.
 
peter nap

peter nap

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cyras21 said:
OK...kind of the same BS with the college carry, policy vs regulation. Thanks.

Now, is there somewhere to see which Agencies have taken the necessary steps to ban weapons. Would this be found in VA code or within the Agencies regulation?

Sure would be nice if all recognized and honored our 2nd Amendment.
Click to expand...

The Virginia Administrative Code but there won't be a list or index telling you who has the regulations.

Now do you see my point!

Preemption does not apply and you have to know who has the regulation and who does not.
To make matters worse, recently College filings have bypassed the accepted notification and comment periods.

I have no idea if it's legal but they did it.
 
Last edited:
TFred

TFred

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Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
peter nap said:
The Virginia Administrative Code but there won't be a list or index telling you who has the regulations.

Now do you see my point!

Preemption does not apply and you have to know who has the regulation and who does not.
To make matters worse, recently College filings have bypassed the accepted notification and comment periods.

I have no idea if it's legal but they did it.
Click to expand...
I am not a lawyer, but in as much as English is my native language, and I can read, it is my humble opinion that what they did was most definitely not in compliance with the rules as I found them.

The exemption from the publication process was limited to matters concerning academics and student discipline, neither of which apply to non-campus persons behavior while visiting on the campus property. I thought at one time there was talk of litigation, if the recent attempt to fix via General Assembly failed, which it did.

TFred
 
Grapeshot

Grapeshot

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TFred said:
I am not a lawyer, but in as much as English is my native language, and I can read, it is my humble opinion that what they did was most definitely not in compliance with the rules as I found them.

The exemption from the publication process was limited to matters concerning academics and student discipline, neither of which apply to non-campus persons behavior while visiting on the campus property. I thought at one time there was talk of litigation, if the recent attempt to fix via General Assembly failed, which it did.

TFred
Click to expand...

The GA session is not over yet and other time demands prevail - have not forgotten.
 
wylde007

wylde007

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Va Beach, Occupied VA
Grapeshot said:
There has been a very high level of desire to incorporate these agencies with the preemption statute § 15.2-915.
Click to expand...
Respectfully, as a matter of semantics state agencies CANNOT be incorporated into the preemption statute of 15.2-915.

§15.2 is titled "Counties, Cities and Towns". Its statutes refer specifically to what municipal subdivisions of the state may and may not legislate (subdivision ordinances, zoning ordinances, etc).
 
Grapeshot

Grapeshot

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Joined
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wylde007 said:
Respectfully, as a matter of semantics state agencies CANNOT be incorporated into the preemption statute of 15.2-915.

§15.2 is titled "Counties, Cities and Towns". Its statutes refer specifically to what municipal subdivisions of the state may and may not legislate (subdivision ordinances, zoning ordinances, etc).
Click to expand...

Then the Virginia Administrative Code - it is still in the perview of the GA.
 
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