In Case of Emergency, Open Carry at Home

[PikesPeakMtnMan]

When I started reading this thread I didn't think it'd bring me here...I was just casually browsing at work. BUT, OUr preemption statutes have been in force since 2003. Many cities/towns still have on the books local laws against carrying guns (OC, CC, whatever). It was theorized that one reason these laws are still out there even though they are invalid is that people could be charged with some now-bogus law and the city/LEOs could claim that they were acting in good faith anyway. Part of the whole "might beat the rap, won't beat the ride" type of thinking pehaps.

 

[wylde007]

BUT, our preemption statutes have been in force since 2003. Many cities/towns still have on the books local laws against carrying guns (OC, CC, whatever). It was theorized that one reason these laws are still out there even though they are invalid is that people could be charged with some now-bogus law and the city/LEOs could claim that they were acting in good faith anyway. Part of the whole "might beat the rap, won't beat the ride" type of thinking pehaps.

That's why we have guys all over Virginia poring over local codes and digging stuff like this out, bringing it to the attention of City Councils/Mayors/City Attorney/County Supervisors/etc and making sure that invalid ordinances are removed so that no officer can act "in good faith" (read: in violation of state law) and seize you for a non-offense.

 

[Grapeshot]

That's why we have guys all over Virginia poring over local codes and digging stuff like this out, bringing it to the attention of City Councils/Mayors/City Attorney/County Supervisors/etc and making sure that invalid ordinances are removed so that no officer can act "in good faith" (read: in violation of state law) and seize you for a non-offense.

Recovery of attorney fees are now available too.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-915

I really do like the teeth that is in the Florida law more.

It allows the governor to yank from office any officials who pass gun control laws; allows a court to fine the officials $5,000 for it; and gives a private cause of action to any "persons or organization whose membership is adversely affected" by such a law, who may sue the officials for damages of up to $100,000 and costs, with a "contingency multiplier."

There is a challenge to this law. Anyone know what the status is?
http://www.courthousenews.com/2011/12/09/42090.htm