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Tazewell Board of Supervisors considers allowing firearms in parks

JamesCanby

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Alexandria, VA at www.NoVA-MDSelfDefense.com
Excellent!

I just got off of the phone with Mr. Seth White, the Tazewell County Board of Supervisor's Northwestern District Supervisor who had some questions for me on how to bring the county into county compliance with the state law. He mentioned that in his view the current county restriction was unconstitutional and his suggestion to allow for at least concealed carry would make the situation at least better than it is. I explained that what the county really needed to do was get rid of the wording banning the carrying of firearms in the code altogether, because the county no longer had the authority to enforce more than state law allowed and further explained that if the county attempted to enforce the county code provisions it would put itself in jeopardy of violating state code and intruding on peoples' civil rights. Mr. White thanked me for my input and shared with me that he wanted to do what was right for the people and further shared that he had been working with the leaders of the local community college to drop their ban on the carrying of handguns for personal protection as well. I then put in a few good words for the VCDL and when he noted that he was unfamiliar with the organization but was an NRA member I further encouraged him to get to know the group as it was very effective getting good firearm laws here in the Commonwealth.

Mr. White indicated that he would talk further with the County Board and the County Attorney and recommend that the county strike the invalid wording from their codes. All in all I believe Mr. White to be a friend to those of us who understand both the state and federal constitutions and an asset to those who believe in arms for self protection. I look forward to hearing that the Tazewell County Board of Supervisors does the right thing!

Well done.
 

TFred

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Most historic town in, Virginia, USA
I just got off of the phone with Mr. Seth White, the Tazewell County Board of Supervisor's Northwestern District Supervisor who had some questions for me on how to bring the county into county compliance with the state law. He mentioned that in his view the current county restriction was unconstitutional and his suggestion to allow for at least concealed carry would make the situation at least better than it is. I explained that what the county really needed to do was get rid of the wording banning the carrying of firearms in the code altogether, because the county no longer had the authority to enforce more than state law allowed and further explained that if the county attempted to enforce the county code provisions it would put itself in jeopardy of violating state code and intruding on peoples' civil rights. Mr. White thanked me for my input and shared with me that he wanted to do what was right for the people and further shared that he had been working with the leaders of the local community college to drop their ban on the carrying of handguns for personal protection as well. I then put in a few good words for the VCDL and when he noted that he was unfamiliar with the organization but was an NRA member I further encouraged him to get to know the group as it was very effective getting good firearm laws here in the Commonwealth.

Mr. White indicated that he would talk further with the County Board and the County Attorney and recommend that the county strike the invalid wording from their codes. All in all I believe Mr. White to be a friend to those of us who understand both the state and federal constitutions and an asset to those who believe in arms for self protection. I look forward to hearing that the Tazewell County Board of Supervisors does the right thing!
Sounds like a good start!

Just my own thoughts again, it's not a constitutional issue, although it is good to hear that a local legislator is concerned about such things.

This is just a plain old violation of state law. Any local ordinance that concerns that long list of firearms related actions and activities is simply illegal. It is not allowed to be on the books.

The only solution is to remove it. I think it really is that simple. Maybe some of our lawyer types can correct me if that's too simple. :)

TFred
 

peter nap

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Sounds like a good start!

Just my own thoughts again, it's not a constitutional issue, although it is good to hear that a local legislator is concerned about such things.

This is just a plain old violation of state law. Any local ordinance that concerns that long list of firearms related actions and activities is simply illegal. It is not allowed to be on the books.

The only solution is to remove it. I think it really is that simple. Maybe some of our lawyer types can correct me if that's too simple. :)

TFred

You're right but it sounds like JMelvin handled it just fine.

VaPatriot was wrong in thinking they aren't friends.

Places like that are the backbone of gun ownership in this state. I'd have been real unhappy to see them polluted by P4P.
 

jmelvin

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Fred the gentleman understood that the county's law is unenforceable as a result of state law once I explained the VA Code section to him. I am far more impressed that the gentleman previously understood the current restriction as unconstitutional, than I am that he could simply read the state law and fall into compliance. I perhaps have a bit of disappointment that he didn't automatically go for removing all restrictions as opposed to just limiting to CHP holder, but that issue is something we worked through together and due to all of the talk about permit this, permit that in many circles many people don't think in terms of unlicensed open carry even if they don't have any objection to it. As we know it's OC that provides us with an outreach to people to get past the stupidity of the permitting system that is the context in which many people think.

Consider this that the county was considering changing an existing law to make it better (removing restrictions) being completely unaware that there is a 6 year old state law that doesn't even allow them to enforce the current law, which is now void. We have some work to do even in friendly areas, where local government wants to be a good government.
 
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jmelvin

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On the topic of the local community college that he mentioned and the changes he was trying to have made there, I did tell Mr. White of the constitutional challenge to GMU's open carry firearm ban and told him to watch for news coming out as a result of that decision. I think I may reach out to him next week with some further VCDL info. We can use friends all over the state.
 

VApatriot

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VaPatriot was wrong in thinking they aren't friends.

Perhaps I used the wrong wording and phrasing, but I was not trying to state or imply that they aren't, shouldn't be, or can't be our friends. I was simple attempting to argue that we should not go easy on anyone just so we DO make friends with them. To me, having my rights respected is more important than making friends, but, of course, I do understand that things are whole lot better when we do have both rights and friends. So, no, I was not saying that anything should have been done to be intentionally rude or antagonistic towards the local authorities, but I did not see a problem with having more than one person make contact regarding this issue.

I think I understand your point, and don't disagree with you. I just hope I was a bit more clear this time with what I was trying to say.
 
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peter nap

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I emailed the County Administrator to get a copy of the Video/Audio of the meeting.
 

peter nap

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Perhaps I used the wrong wording and phrasing, but I was not trying to state or imply that they aren't, shouldn't be, or can't be our friends. I was simple attempting to argue that we should not go easy on anyone just so we DO make friends with them. To me, having my rights respected is more important than making friends, but, of course, I do understand that things are whole lot better when we do have both rights and friends. So, no, I was not saying that anything should have been done to be intentionally rude or antagonistic towards the local authorities, but I did not see a problem with having more than one person make contact regarding this issue.

I think I understand your point, and don't disagree with you. I just hope I was a bit more clear this time with what I was trying to say.

I know what you meant VP and you are correct in a way. I'm the first to jump on a group with both feet but sometimes it's better to just to quietly resolve it.

Places like Tazwell are very proud of their heritage and not normally anti gun. They are also somewhat clannish. They aren't like many urban or even suburban areas and can be real allies if allowed to mend their own fences.
 

VCDL President

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Jun 22, 2006
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Midlothian, Virginia, USA
I'll stand down

It was on my list of things to do to call the Tazwell's Attorney, but looks like it has been taken care of already. As per TFred's suggestion, I'll stand down and give them room. If they propose an illegal ordinance in the end, then VCDL will jump in with both feet. I would expect this will work out OK, though.

We'll know tonight, assuming someone is attending the meeting.

Isn't preemption great? ;-)
 

jmelvin

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I'm fairly confident that Mr. White (Seth) understood that the county needed to remove the wording regarding firearm carry in whole and that any restriction is utterly unenforceable. I would not be surprised if the meeting agenda was typed up some time last week before I ever spoke with Mr. White.
 

peter nap

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Tazwell does not have video of the BOS meetings. That doesn't come as a big surprise nor is it disappointing.

They have written minutes taken from an audio recording which can be poor quality at times. I can get either if necessary.

I doubt it will be necessary though. I'll post the result of tonight's tomorrow sometime.
 

Grapeshot

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Valhalla
Will look forward to their response - expect that they will conform to state preemption.

On a lighter note: $150.00 reimbursement to citizen for 15 chickens killed by stray dogs on their agenda - that's $10.00 per chicken - they sure do place a high value on their livestock. :lol:
agenda.pdf
 

TFred

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They still didn't quite "get it"

I'm very glad that they saw the light, but this quote from the linked article, if in proper context, shows that they still really didn't understand the implications of preemption:

“But after tonight, everyone will be allowed to. Everyone is going to be allowed to carry open, and anyone with a concealed weapon permit will be allowed to carry.”​

Of course the truth is that since preemption took effect, everyone has been allowed to carry both open and concealed, if permitted, no matter what the county ordinance may have said.

TFred
 

wylde007

Regular Member
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Jan 23, 2009
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3,035
Location
Va Beach, Occupied VA
Question

In the article they quote one Mr. B.C. Fuller as saying: "I live right close to a shooting range at Triangle Park up there, and I hear it everyday" talking about firearms being discharged.

I just can't wrap my head around what must be going on inside the head of someone who would field a concern like this.
 
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