• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Magistrate's office and Preemption

Jon34511

Regular Member
Joined
Mar 9, 2010
Messages
38
Location
Virginia Beach, Virginia, USA
Would a Magistrate's office call under preemption? I frequently go to the magistrates' office for my job and they have a sign stating no weapons besides LE. Not sure if they fall under the same category as the courts.
 

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
Would a Magistrate's office call under preemption? I frequently go to the magistrates' office for my job and they have a sign stating no weapons besides LE. Not sure if they fall under the same category as the courts.

IANAL, but I would believe so. The only issue I could see is if the Magistrate's office is somehow connected to the jail or detention facility. That is a bit of grey area that I am unsure of. In Norfolk, I know the magistrate's office is not part of the jail, but I am unsure of VAB.



prev | next
§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. However, no locality shall adopt any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in § 37.2-100, that prevents an employee of that locality from storing at that locality's workplace a lawfully possessed firearm and ammunition in a locked private motor vehicle. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101, from acting within the scope of his duties.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail, juvenile detention facility, or state-governed entity, department, or agency.

B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.

D. For purposes of this section, "workplace" means "workplace of the locality."

From the vbgov.com:
"The Virginia Beach Magistrate Office is open twenty-four hours a day, 365 days a year at the Virginia Beach Correctional Center, Building 7C, across from the Harris-Teeter Shopping Center off Nimmo Parkway. A second office is located at the Second Police Precinct, 820 Virginia Beach Blvd., but that office is not always open."

From the looks of it, carry may be prohibited at BLDG 7C, but not at the 2nd Police Precinct.
 
Last edited:

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Magistrates' officer are exempt from preemption because they are considered secure facilities. Arrestees are brought there in custody and unless there is a separate portion of the office that can be use to secure the arrestee it's the same as being in the back part of the police station/sheriff's office/local jail.

If there is a separate secure area for holding/dealing with arrestees then you have a good argument for claiming preemption controls the non-secure office area.

stay safe.
 

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
Magistrates' officer are exempt from preemption because they are considered secure facilities. Arrestees are brought there in custody and unless there is a separate portion of the office that can be use to secure the arrestee it's the same as being in the back part of the police station/sheriff's office/local jail.

If there is a separate secure area for holding/dealing with arrestees then you have a good argument for claiming preemption controls the non-secure office area.

stay safe.

Chesapeake is like that. I have (unfortunately) been on both sides. The non-secure area is accessible via a doorway from the outside, so that citizens may make complaints to be heard by the magistrate. The other side is accessible only through the police bringing you in. :uhoh:
 
Top